Agenda Document Pack - Licensing Committee - 13/08/2024
South Lanarkshire Council · 13 August 2024
Back to Licensing Committee — 13 August 2024 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 05 August 2024 Dear Councillor Licensing Committee The Members listed below are requested to attend a meeting of the above Committee to be held as follows:- Date: Tuesday, 13 August 2024 Time: 10:00 Venue: Hybrid - Committee Room 1, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Paul Manning Chief Executive Members Andy Carmichael (Chair), Bert Thomson (Depute Chair), Joe Fagan (ex officio), Poppy Corbett, Margaret Cowie, Julia Marrs, Monique McAdams, Mark McGeever, David Shearer, Helen Toner Substitutes Robert Brown, Mary Donnelly, Gladys Ferguson-Miller, Kenny McCreary, Davie McLachlan 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of the meeting of the Licensing Committee held on 18 June 2024 submitted for approval as a correct record. (Copy attached) 5 - 8 Item(s) for Decision 3 Licensing of Taxis – Review of Taxi Fares Report dated 8 July 2024 by the Executive Director (Finance and Corporate Resources). (Copy attached) 9 - 14 Urgent Business 4 Urgent Business Any other items of business which the Chair decides are urgent. Exclusion of Press and Public 5 Exclusion of Press and Public It is recommended that the Committee makes the following resolution:- "That, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting for the following item(s) of business on the grounds that it is likely that there will be disclosure of exempt information in terms of Paragraphs 6 and 14 of Part I of Schedule 7A of the Act." Item(s) for Decision 6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Late Hours Catering Licence • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Private Hire Car Driver’s Licence No 220 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 8 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Private Hire Car Operator’s Licence No 1223 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 9 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Taxi Driver's Licence No 075 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 2
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For further information, please contact:- Clerk Name: Carol Lyon Clerk Telephone: 07385370065 Clerk Email: carol.lyon@southlanarkshire.gov.uk 3
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LICENSING COMMITTEE Minutes of meeting held via MS Teams and in the Council Chamber, Council Offices, Almada Street, Hamilton on 18 June 2024 Chair: Councillor Andy Carmichael Councillors Present: Councillor Poppy Corbett, Councillor Margaret Cowie, Councillor Julia Marrs, Councillor Mark McGeever, Councillor David Shearer, Councillor Helen Toner Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Monique McAdams, Councillor Bert Thomson (Depute) Attending: Finance and Corporate Resources G Hunter, Licensing and Registration Assistant; C Lyon, Administration Officer; D McLardy, Legal Services’ Adviser; L Wyllie, Administration Assistant 1 Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the meeting of the Licensing Committee held on 4 June 2024 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Urgent Business There were no items of urgent business. 4 Exclusion of Press and Public The Committee decided: that, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting for the following items of business on the grounds that it was likely that there would be disclosure of exempt information in terms of Paragraphs 6 and 14 of Part I of Schedule 7A of the Act. 5 Civic Government (Scotland) Act 1982 (As Amended) - Application for Short Term Let Licence A report dated 30 May 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for a short term let licence in terms of the Civic Government (Scotland) Act 1982 (as amended). 2 5
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In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was present and heard in support of his application. Objections had been received from local residents and S Muckalt and M Sweeney were present and heard. Following discussion, Councillor Marrs, seconded by Councillor McGeever, moved that the application be granted for a period of 1 year with additional conditions. By way of amendment, Councillor Corbett, seconded by Councillor Shearer, moved that the application be refused. On a vote being taken by roll call, members voted as follows:- Motion Andy Carmichael, Margaret Cowie, Julia Marrs, Mark McGeever, Helen Toner Amendment Poppy Corbett, David Shearer 2 members voted for the amendment and 5 for the motion which was declared carried. The Committee decided: that the application for a short term let licence be granted for a period of 1 year subject to the conditions specified by the Executive Director (Finance and Corporate Resources) and the following additional conditions:- Applicant: AIRUS Ltd and A Anwar Type of Licence: Short term let Premises: 175 Hamilton Road, Rutherglen Category: Secondary letting Occupancy: 7 to 10 Persons Additional Conditions: ♦ Maximum number of occupants not to exceed that shown on the application form, ie 10 ♦ Commercial uplift of refuse to be arranged within 1 month, rather than relying on uplifts provided by the local authority ♦ Contact details for the property management company and the parking manual for the property to be given to neighbours within 5 working days from today 6 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Driver’s Licence No 334 A report dated 30 May 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car driver’s licence No 334 should be suspended or revoked. In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the licence holder who was present and accompanied by A Belay. An update had been received from Police Scotland and Constable Doria was heard. The Committee decided: that private hire car driver’s licence No 334 in the Cambuslang and Rutherglen zone be suspended for a period of 2 weeks with immediate effect. 6
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7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Car Operator’s Licence A report dated 30 May 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the grant of a private hire car operator’s licence in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was present and accompanied by A Belay. A representation and further update had been received from Police Scotland and Constable Doria was heard. The Committee decided: that the application by F Teklu, Flat 5/2, 11 Ruby Street, Glasgow for the grant of a private hire car operator’s licence in the Cambuslang and Rutherglen zone be granted. 8 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Taxi Driver’s Licence A report dated 5 June 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the grant of a taxi driver’s licence in terms of the Civic Government (Scotland) Act 1982 (as amended). At its meeting on 4 June 2024, this Committee agreed to continue this application to allow the applicant the opportunity to be present. In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was not present or represented. An objection and further update had been received from Police Scotland. The Committee decided: that the application by D Newlands, 69 Mill Road, Hamilton for the grant of a taxi driver’s licence in the Hamilton zone be refused. [Reference: Minutes of 4 June 2024 (Paragraph 5)] 7
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Report Agenda Item Report to: Licensing Committee Date of Meeting: 13 August 2024 Report by: Executive Director (Finance and Corporate Resources) Subject: Licensing of Taxis – Review of Taxi Fares 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] update the Committee on the taxi fares review in the Cambuslang and Rutherglen, Clydesdale, East Kilbride and Hamilton zones of South Lanarkshire, and seek Committee’s approval for the reviewed fares ] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s), noting that on the basis that no objections or representations have been received following press and website adverts:- (1) agree no increase in the current fares tariff for the Cambuslang and Rutherglen, Clydesdale and East Kilbride zones of South Lanarkshire, as per Appendix 1; and (2) agree the proposals for the Hamilton zone of South Lanarkshire to increase the cost of the average two mile hire from £5.60 to £6.20 and various other increases as detailed at Appendix 2. [1recs] 3. Background 3.1. In terms of Section 17 of the Civic Government (Scotland) Act 1982 (as amended) Licensing Authorities must review taxi fares in their area at intervals not greater than every 18 months. 3.2. The Council has since its inception in 1996 adopted an approach to fixing taxi fares across four zones being Cambuslang and Rutherglen, Clydesdale, East Kilbride and Hamilton. This approach reflected the different arrangements within predecessor authorities and mirrors the areas by the 4 Licensing Boards. 3.3. The Council last fixed taxi fares on 20 June 2023. As members will be aware, even if there is no increase in the fares tariff, the formal review procedures still require to be followed. 4. Present Position 4.1. At its meeting on 23 April 2024 Document.ashx (cmis.uk.com) this Committee considered consultation responses received by the Council at the initial stage of the fares review process. Having done so, the Committee agreed that, subject to 3 9
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conclusion of the statutory review process, the fares review for the Cambuslang and Rutherglen, Clydesdale and East Kilbride zones would take place on the basis that there would be no increase in the current tariffs. The current tariffs are shown in Appendix 1. 4.2. In respect of the Hamilton zone officers took all of the responses into account and proposed an increase of 60 pence over the average two mile hire and further increases as detailed in Appendix 2 as being a reasonable representation of the views received. 4.3. The proposed Cambuslang and Rutherglen, Clydesdale, East Kilbride and Hamilton fares reviews have been advertised in the press and on the Council’s website in accordance with the legislation and no responses were received. 5. Employee Implications 5.1. There are no direct implications arising from this report. 6. Financial Implications 6.1. There are no direct implications arising from this report. 7. Climate Change, Sustainability and Environmental Implications 7.1. There are no direct implications arising from this report. 8. Other Implications 8.1. If the fares review is not progressed the Council will be in breach of a statutory duty. 9. Equality Impact Assessment, Consultation Arrangements and Consumer Duty 9.1. There is no requirement to carry out an impact assessment in terms of the proposals contained within this report. 9.2. Consultation with the taxi trade has been carried out to ascertain views on whether or not there should be an increase in taxi fares this year. Adverts were then placed in the press and on the Council’s website outlining the proposals for each of the zones giving a period of one month to enable anyone to comment on or object to the proposed changes to the fares tariffs. Jackie Taylor Executive Director (Finance and Corporate Resources) 8 July 2024 Link(s) to Council Values/Priorities/Outcomes Focused on people and their needs Previous References Licensing Committee, 23 April 2024 List of Background Papers None 10
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Contact for Further Information If you would like to inspect the background papers or want further information, please contact: - Margaret Mary Wilson, Legal Services Manager Ext: 4501 (Tel: 01698 454501) E-mail: margaretmary.wilson@southlanarkshire.gov.uk 11
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Appendix 1 Current Fares Tariffs Cambuslang and Rutherglen Zone Not exceeding 880 yards £3.90 For the next NINE additional 293 yards or any part 30 pence thereafter each additional 264 yards or any part 20 pence (initial average 2 mile hire of £6.60) Clydesdale Zone Not exceeding one mile £3.50 For each additional 88 yards or any part thereof 13 pence (An average 2 mile hire of £6.10) East Kilbride Zone Not exceeding 880 yards £3.60 For the next six additional 146 yards or any part £0.20 For the next six additional 295 yards or any part £0.30 thereafter each additional 246 yards or any part £0.20 (an average 2 mile hire of £6.80) 12
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Appendix 2 Current Fares Tariff showing proposals (Hamilton Zone) Exclusive Hire means that a single fare is payable by any one passenger for the exclusive hire of a taxi or private hire car, whether or not more than one passenger is carried. 8% HIRE of Taxi/Private Hire Car (fitted with a taxi meter) – Not exceeding 880 yards £3.20 (Propose £3.80) For each additional 220 yards or any part thereof 20 pence (an average 2 mile hire of £5.60) (an average 2 mile hire of £6.20) (10.7% increase over a 2 mile hire) BEYOND THE AREA OF HAMILTON ZONE - subject to special agreement in advance with the hirer. WAITING TIME – 25p for each period of 1 minute or part thereof £15 per hour STOPPAGE(S) AT REQUEST OF HIRER – 20p for each period of 1 minute or part thereof (£12 per hour) FARES BY TIME - subject to special agreement in advance with the hirer. NO FARE CHARGEABLE - for vacant return journey of taxi/private hire car from destination of hirer. SOILAGE CHARGE - the hirer will pay a soilage charge of £40 if the vehicle is soiled due to sickness caused by alcohol or drugs, any take-away spillage or any other fouling of the vehicle. It shall not be charged if the vehicle is soiled either due to a child being sick or due to genuine illness. SURCHARGES (1) a surcharge of £1.20 may be charged for each hire begun between the hours of 10pm and 5 am (Propose £1.30). (8% increase on surcharge) (2) a surcharge of 1/3rd (Propose 1/2) of the normal metered fare may be charged for each hire from 6am on 24th December until 5am on 27th December and from 6am on 31st December until 12 midnight on 2nd January. (3) a surcharge, to be specially agreed in advance with the hirer, may be charged for 5 or more passengers hiring a people carrier type car. 13
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