Agenda Document Pack - Licensing Committee - 03/09/2024
South Lanarkshire Council · 3 September 2024
Back to Licensing Committee — 3 September 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 26 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, 03 September 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 13 August 2024 submitted for approval as a correct record. (Copy attached) 3 - 6 Urgent Business 3 Urgent Business Any other items of business which the Chair decides are urgent. Exclusion of Press and Public 4 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 5 Civic Government (Scotland) Act 1982 (As Amended) - Application for Short Term Let Licence • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Short Term Let 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 Short Term Let Licence • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 8 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Request to Lift Suspension of Private Hire Car Driver’s Licence No 593 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act For further information, please contact:- Clerk Name: Carol Lyon Clerk Telephone: 07385370065 Clerk Email: carol.lyon@southlanarkshire.gov.uk 2
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LICENSING COMMITTEE Minutes of meeting held via Confero and in Committee Room 1, Council Offices, Almada Street, Hamilton on 13 August 2024 Chair: Councillor Andy Carmichael Councillors Present: Councillor Poppy Corbett, Councillor Margaret Cowie, Councillor Julia Marrs, Councillor David Shearer, Councillor Bert Thomson (Depute), Councillor Helen Toner Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Monique McAdams, Councillor Mark McGeever Attending: Finance and Corporate Resources D McLardy, Legal Services’ Adviser; S McLeod, Administration Officer; L Steele, Licensing and Registration Assistant; L Wyllie, Administration Assistant Order of Business The Committee decided: that the items of business be dealt with in the order minuted below. 1 Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the meeting of the Licensing Committee held on 18 June 2024 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Licensing of Taxis – Review of Taxi Fares A report dated 8 July 2024 by the Executive Director (Finance and Corporate Resources) was submitted:- on the taxi fares review in the Cambuslang and Rutherglen, Clydesdale, East Kilbride and Hamilton zones of South Lanarkshire requesting Committee’s approval for the reviewed fares In terms of Section 17 of the Civic Government (Scotland) Act 1982 (as amended), there was a requirement for licensing authorities to review and fix taxi fares in their area at intervals not exceeding every 18 months. The Council, since its inception in 1996, had adopted an approach of fixing taxi fares across 4 zones, being Cambuslang and Rutherglen, Clydesdale, East Kilbride and Hamilton. In the usual manner, the initial requirement of this review was to consult with persons or organisations appearing to them to be, or be representative of, the operators of taxis within the Council area. 2 3
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On 23 April 2024, this Committee considered the consultation responses received by the Council at the initial stage of the fares review process. The Committee agreed that, subject to the 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 were detailed in Appendix 1 to the report. In respect of the Hamilton zone, officers had taken all of the responses into account and proposed an increase of 60 pence over the average 2 mile hire and various other increases, as detailed in Appendix 2 to the report, as being a reasonable representation of the views received. The proposed Cambuslang and Rutherglen, Clydesdale, East Kilbride and Hamilton fares reviews had been advertised in the press and on the Council’s website in accordance with the legislation and no responses had been received. The Committee decided: (1) that, on the basis that no objections or representations had been received following the press and website adverts, there be no increase in the current fares tariff for the Cambuslang and Rutherglen, Clydesdale and East Kilbride zones of South Lanarkshire, as detailed in Appendix 1 to the report; and (2) that, on the basis that no objections or representations had been received following the press and website adverts, there be an increase in the cost of the average 2 mile hire from £5.60 to £6.20 and various other increases, as detailed in Appendix 2 to the report, in the Hamilton zone. [Reference: Minutes of 23 April 2024 (Paragraph 3)] 4 Urgent Business There were no items of urgent business. 5 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. 6 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Taxi Driver's Licence No 075 A report dated 3 July 2024 by the Executive Director (Finance and Corporate Resources) was submitted:- ♦ advising on action taken, in terms of Standing Order No 37(c), in view of the timescales involved and a serious threat to public order or safety, by the Executive Director (Finance and Corporate Resources), in consultation with the Chair and an ex officio member, to order the immediate suspension of taxi driver’s licence No 075, with effect from 3 July 2024 ♦ proposing that consideration be given to whether taxi driver’s licence No 075 be suspended or revoked 4
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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 licence holder who was present and heard in support of retaining his licence. A complaint had been received from Police Scotland and Sergent Hinshelwood was heard. The Committee decided: (1) that the action taken, in terms of Standing Order No 37(c), by the Executive Director (Finance and Corporate Resources), in consultation with the Chair and an ex officio member, to suspend taxi driver’s licence No 075, with effect from 3 July 2024, for a maximum period of 6 weeks, be noted; and (2) that taxi driver’s licence No 075 for the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of the licence. 7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Late Hours Catering Licence A report dated 24 July 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the grant of a late hours catering 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 represented by R Mohammed, Solicitor. An objection had been received from Environmental Services and G Neilson, Environmental Health Team Leader, Community and Enterprise Resources was heard. A representation had been received from Police Scotland and Sergeant Hinshelwood was heard. The Committee decided: that the application by La Marina Lounge Limited and M Ahmed, Unit 1, 18 Chapel Street, Rutherglen for a late hours catering licence be refused. Councillor Toner joined the meeting during this item of business 8 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Private Hire Car Driver’s Licence No 220 A report dated 25 July 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the renewal of private hire car driver’s licence No 220 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 heard in support of his application. An objection had been received from Police Scotland and Sergeant Hinshelwood was heard. The Committee decided: that the application by A Ibrahim, 23 Stamford Street, Glasgow for the renewal of private hire car driver’s licence No 220 in the Cambuslang and Rutherglen zone be refused. 5
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9 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Private Hire Car Operator’s Licence No 1223 A report dated 25 July 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the renewal of private hire car operator’s licence No 1223 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 heard in support of his application. An objection had been received from Police Scotland and Sergeant Hinshelwood was heard. The Committee decided: that the application by A Ibrahim, 23 Stamford Street, Glasgow for the renewal of private hire car operator’s licence No 1223 in the Cambuslang and Rutherglen zone be refused. 6