Agenda Document Pack - Licensing Committee - 08/10/2024
South Lanarkshire Council · 8 October 2024
Back to Licensing Committee — 8 October 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 Friday, 27 September 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, 08 October 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, Monique Equi, Julia Marrs, 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 17 September 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 Grant of a Market Operator 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 Grant of a Taxi Driver's Licence • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 7 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Taxi Operator's Licence No 070 • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 8 Civic Government (Scotland) Act 1982 (As Amended) - Application for a Temporary Public Entertainment Licence • Exempt information in terms of Paragraph 6 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 17 September 2024 Chair: Councillor Andy Carmichael Councillors Present: Councillor Poppy Corbett, Councillor Margaret Cowie, Councillor Mary Donnelly (substitute for Councillor Helen Toner), Councillor Julia Marrs, Councillor David Shearer, Councillor Bert Thomson (Depute) Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Monique McAdams, Councillor Mark McGeever, Councillor Helen Toner Attending: Finance and Corporate Resources C Lyon, Administration Officer; D McLardy, Legal Services’ Adviser; 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 The following interest was declared:- Councillor(s) Item(s) Nature of Interest(s) Thomson Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Car Driver’s Licence Known to applicant 2 Minutes of Previous Meeting The minutes of the meeting of the Licensing Committee held on 3 September 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. 2 3
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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 Paragraph 14 of Part I of Schedule 7A of the Act. 5 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Taxi Driver, Taxi Operator and Private Hire Car Operator Licences A report dated 2 September 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 172, taxi operator’s licence No 166 and private hire car operator’s licence Nos 595, 651, 655 and 705, with effect from 22 August 2024 ♦ proposing that consideration be given to whether taxi driver’s licence No 170, taxi operator’s licence No 166 and private hire car operator’s licence Nos 595, 651, 655 and 705 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 not present or represented. A complaint had been received from Police Scotland and views had also been received from the licence holder’s Solicitor. 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 172, taxi operator’s licence No 166 and private hire car operator’s licence Nos 595, 651, 655 and 705, with effect from 22 August 2024, for a maximum period of 6 weeks, be noted; and (2) that taxi driver’s licence No 172, taxi operator’s licence No 166 and private hire car operator’s licence Nos 595, 651, 655 and 705 for the Hamilton zone be suspended with immediate effect for the remainder of the period of the licence. 6 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Taxi Driver, Taxi Operator and Private Hire Car Operator Licences A report dated 2 September 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether taxi driver’s licence No 172, taxi operator’s licence No 166 and private hire car operator’s licence Nos 595, 651, 655 and 705 be suspended or revoked. On 16 April 2024, this Committee had suspended taxi driver’s licence No 172, taxi operator’s licence No 166 and private hire car operator’s licence Nos 595, 651, 655 and 705 with immediate effect for the remainder of the period of licence. 4
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Following an appeal by the licence holder to the Sheriff, an Interim Recall had been granted and the licences were reinstated and returned to the licence holder on 6 June 2024. A request for the suspension of taxi driver’s licence No 172, taxi operator’s licence No 166 and private hire car operator’s licence Nos 595, 651, 655 and 705 had been received from Police Scotland on 9 August 2024. 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 not present or represented. Views had been received from the licence holder’s Solicitor. The Committee decided: that taxi driver’s licence No 172, taxi operator’s licence No 166 and private hire car operator’s licence Nos 595, 651, 655 and 705 for the Hamilton 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 Private Hire Car Driver’s Licence A report dated 28 August 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for grant of a private hire car driver’s licence. 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 Constable Doria was heard. Following discussion, Councillor Shearer, seconded by Councillor Carmichael, moved that the application be granted for a period of 1 year. By way of amendment, Councillor Marrs, seconded by Councillor Cowie, moved that the application be granted. On a vote being taken using the electronic voting system, 2 members voted for the motion and 4 for the amendment which was declared carried. The Committee decided: that the application by D Jamieson, 31 Elie Road, Blantyre for the grant of a private hire car driver’s licence in the East Kilbride zone be granted. Councillor Thomson, having declared an interest in the above item of business, withdrew from the meeting during its consideration 5
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