Document Pack - Licensing Committee - 18 February 2026
West Dunbartonshire Council · 18 February 2026
Back to Licensing Committee — 18 February 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Agenda Meeting of the Licensing Committee Date: Wednesday, 18 February 2026 ___________________________________________________________________ Time: 14:00 ___________________________________________________________________ Venue: Council Chambers, Clydebank Town Hall, Clydebank G81 1UB ___________________________________________________________________ Contact: Lynn Straker, Committee Officer Email: lynn.straker@west-dunbarton.gov.uk committee.admin@west-dunbarton.gov.uk Dear Member Please attend a Meeting of the Licensing Committee as detailed above. The business is shown on the attached agenda. Yours faithfully PETER HESSETT Chief Executive Page 1
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Distribution: Councillor Ian Dickson Councillor Gurpreet Singh Johal (Vice Chair) Councillor Fiona Hennebry Councillor John Millar Councillor Lawrence O’Neill (Chair) Councillor Chris Pollock Councillor Gordon Scanlan Councillor Hazel Sorrell All other Councillors for information. Chief Officer – Regulatory and Regeneration Date Issued: 3 February 2026 Page 2
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MEETING OF LICENSING COMMITTEE WEDNESDAY, 18 FEBRUARY 2026 AGENDA 1 APOLOGIES 2 DECLARATIONS OF INTEREST Members are invited to declare if they have an interest in any of the undernoted items of business on this agenda and, if so, state the reasons for such declarations. 3 MINUTES OF PREVIOUS MEETINGS 5 Submit for approval, as correct records, the Minutes of meetings of Licensing Committee held on:- (a) 24 September 2025 (Special); (b) 3 December 2025 (Ordinary); and (c) 13 January 2026 (Special) 4 OPEN FORUM The Committee is asked to note that no open forum questions have been submitted by members of the public. 5 APPLICATION FOR GRANT OF A SHORT TERM LET 13 - 17 LICENCE Submit report by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a Short Term Let Licence submitted by Haven Properties (Levenside) Ltd. 6 APPLICATION FOR GRANT OF A SHORT TERM LET 19 - 24 LICENCE Submit report by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a Short Term Let Licence submitted by Mr Charles Mailey. 7 - 8 9 - 11 7/ Page 3
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7 APPLICATION FOR VARIATION OF A TAXI LICENCE 25 - 43 Submit report by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for the variation of a Taxi Licence submitted by Mr Tin Sang Chow. ____________________________________________________________ Page 4
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LICENSING COMMITTEE At a Special Meeting of the Licensing Committee held in the Council Chambers, Clydebank Town Hall, 5 Hall Street, Clydebank on Wednesday, 24 September 2025 at 12.01 p.m. Present: Councillors John Millar, Lawrence O’Neill, Chris Pollock and Gordon Scanlan. Attending: Peter Hessett, Chief Executive; Michael McDougall, Manager of Legal Services and Lynn Straker, Committee Officer. Apologies: Apologies for absence were intimated on behalf of Councillors Ian Dickson, Fiona Hennebry, Gurpreet Singh Johal and Hazel Sorrell. Councillor Lawrence O’Neill in the Chair DECLARATIONS OF INTEREST It was noted that there were no declarations of interest in any of the items of business on the agenda. LICENSING OF SHORT-TERM LETS – REVIEW OF TEMPORARY EXEMPTIONS POLICY A report was submitted by the Chief Officer – Regulatory and Regeneration informing Members that a review of the Council’s policy regarding temporary exemptions for short-term lets has been carried out. After discussion and having heard the Manager of Legal Services in further explanation and in answer to Members’ questions, the Committee agreed:- (1) note the statutory requirement to review the Council’s policy on temporary exemptions for short-term lets at this time; (2) note the responses received further to the Licensing Service’s review; and (3) approve the terms of the updated policy on temporary exemptions as set out at Appendix 1 to this report. The meeting closed at 12.06 p.m. ITEM 3A Page 5
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LICENSING COMMITTEE At a Meeting of the Licensing Committee held in the Council Chambers, Clydebank Town Hall, 5 Hall Street, Clydebank on Wednesday, 3 December 2025 at 2.00 p.m. Present: Councillors Ian Dickson, Gurpreet Singh Johal, John Millar, Lawrence O’Neill, Chris Pollock and Gordon Scanlan. Attending: Michael McDougall, Manager of Legal Services; Robert Mackie, Senior Licensing Officer; Peter Clyde, Civic Licensing Standards Officer; and Lynn Straker, Committee Officer. Apologies: Apologies for absence were intimated on behalf of Councillors Fiona Hennebry and Hazel Sorrell. Councillor Lawrence O’Neill in Chair DECLARATIONS OF INTEREST It was noted that there were no declarations of interest in the item of business on the agenda. MINUTES OF PREVIOUS MEETING The Minutes of the Meeting of the Licensing Committee held on 8 October 2025 were submitted and approved as a correct record. OPEN FORUM The Committee noted that no open forum questions had been submitted by members of the public. APPLICATION FOR GRANT OF A PRINCIPAL STREET TRADER’S LICENCE (CONTINUATION) A report was submitted by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for the grant of a Principal Street Trader’s Licence submitted by Mr Michael Gardner. Members first heard from Ms Bowman in terms of her objection to the application and then from Mr Gardner in support of the application. ITEM 3B Page 7
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After discussion and having heard the Manager of Legal Services, the Applicant and the Objector in further explanation and in answer to Members’ questions, the Committee agreed to grant the application with the standard conditions and an additional condition that the applicant not trade in Bowling until after 1.00 p.m. on Thursdays each week. DECIDED:- The Committee agreed to grant the application with the standard conditions and an additional condition that the applicant not trade in Bowling until after 1.00 p.m. on Thursdays each week. VALEDICTORY MICHAEL MCDOUGALL, MANAGER OF LEGAL SERVICES Councillor O’Neill, Chair, advised the Committee that Michael McDougall, Manager of Legal Services, would be moving on from his role and, on behalf of Members, thanked Mr McDougall for his hard work and dedication in the Licensing Section and wished him well in his future endeavours. The meeting closed at 2.35 p.m. Page 8
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LICENSING COMMITTEE At a Special Meeting of the Licensing Committee held in the Civic Space, 16 Church Street, Dumbarton on Tuesday, 13 January 2026 at 1.00 p.m. Present: Councillors Ian Dickson, Gurpreet Singh Johal, John Millar, Lawrence O’Neill, Chris Pollock and Gordon Scanlan. Attending: Christopher Anderson, Depute Clerk to the Licensing Board; Heather McLaughlin, Section Head – Licensing; Robert Mackie, Senior Licensing Officer; Lawrence Knighton, Licensing Standards Officer; Louise Allan, Licensing Assistant; and Lynn Straker, Committee Officer. Apologies: Apologies for absence were intimated on behalf of Councillors Fiona Hennebry and Hazel Sorrell. Councillor Lawrence O’Neill in Chair DECLARATION OF INTEREST Councillor Pollock declared an interest in relation to Item 6 under the heading ‘Hearing regarding possible suspension or revocation of a Taxi / Private Hire Car Driver’s Licence’ due to Mr. Muhammad Nazir’s representative, Mr Imran Anwar, being known to him, and indicated he would leave the meeting during consideration of this item. HEARING REGARDING POSSIBLE SUSPENSION OR REVOCATION OF A TAXI LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration regarding the possible suspension or revocation of a Taxi Licence held by Mr Gerard Murphy. Members first heard from Sergeant David Holmes, Police Scotland, who detailed the concerns from the Chief Inspector, Police Scotland, as to why Mr Murphy was not a fit and proper person to hold the Licence. Members then heard from Mr Murphy in support of retaining his Licence. After discussion and having heard Mr Murphy in further explanation and in answer to Members’ questions, the Committee agreed to revoke the Taxi Licence. ITEM 3C Page 9
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DECIDED:- The Committee agreed to revoke the Taxi Licence. HEARING REGARDING POSSIBLE SUSPENSION OR REVOCATION OF A TAXI DRIVER’S / PRIVATE HIRE CAR DRIVER’S LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration regarding the possible suspension or revocation of a Taxi / Private Hire Car Driver’s Licence held by Mr Gerard Murphy. Members first heard from Sergeant David Holmes, Police Scotland, who detailed the concerns from the Chief Inspector, Police Scotland, as to why Mr Murphy was not a fit and proper person to hold the Taxi / Private Hire Car Driver’s Licence. Members then heard from Mr Murphy in support of retaining his Licence. After discussion and having heard Mr Murphy in further explanation and in answer to Members’ questions, the Committee agreed to revoke the Taxi / Private Hire Car Drivers Licence with immediate effect. DECIDED:- Committee agreed to revoke the Taxi / Private Hire Car Drivers Licence with immediate effect. EXCLUSION OF PRESS AND PUBLIC The Committee agreed to approve the following resolution to exclude the press and public from the meeting to allow the following item to be heard:- “That under Section 50A(4) of the Local Government (Scotland) Act, 1973 the press and public be excluded from the meeting for the following item of business on the grounds that it may involve the likely disclosure of exempt information as defined in Paragraph 14 of Part 1 of Schedule 7A of the Act.” DECLARATION OF INTEREST Having earlier declared an interest in the following item, Councillor Pollock left the meeting at this point. Page 10
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HEARING REGARDING POSSIBLE SUSPENSION OR REVOCATION OF A TAXI DRIVER’S / PRIVATE HIRE CAR DRIVER’S LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration regarding the possible suspension or revocation of a Taxi / Private Hire Car Driver’s Licence held by Mr Muhammad Nazir. Members first heard from Sergeant David Holmes, Police Scotland, who detailed the concerns from the Chief Inspector, Police Scotland, as to why Mr Nazir was not a fit and proper person to hold the Taxi / Private Hire Car Drivers Licence. Members then heard from Mr Anwar, representative of Mr Nazir, in support of Mr Nazir retaining his Licence. After discussion and having heard Mr Anwar in further explanation and in answer to Members’ questions, the Committee agreed to suspend the Taxi / Private Hire Car Driver’s Licence held by Mr. Muhammad Nazir for the unexpired period of the licence, that being 2 July 2026. DECIDED:- Committee agreed to suspend the Taxi / Private Hire Car Drivers Licence for the unexpired period of the licence, that being 2 July 2026. The meeting closed at 1.28 p.m. Page 11
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Licensing Committee – 18 February 2026 Subject: Application for grant of a Short Term Let Licence 1. Purpose 1.1 To consider an application for grant of a Short Term Let Licence submitted by Haven Properties (Levenside) Ltd., Haven, Fisherwood Avenue, Alexandria G83 8SW. 2. Recommendations 2.1 It is recommended that the application be considered and determined by the Committee. 3. Background 3.1 A valid application for the grant of a Short Term Let Licence was received on 23 May 2025 to operate on a home sharing basis at The Boathouse, Haven, Fisherwood Avenue, Alexandria G83 8SW. 3.2 An email was received from the Chief Constable of Police Scotland on 27 May 2025 advising that the Police had no objections or representations in connection with the application. 4. Main Issues 4.1 For the purpose of the discharge of their functions under the Civic Government (Scotland) Act 1982, the Committee must ordinarily reach a final decision on each application within the period of 9 months from the date the application was submitted. 4.2 The application submitted by Haven Properties (Levenside) Ltd., was registered on 23 May 2025 therefore a final decision on the application must be made no later than 22 February 2026. 4.3 When processing applications for a Short Term Let Licence, a copy of the application is sent externally to Police Scotland and Scottish Fire and Rescue Service for comment. The application form was also sent internally to Planning, Building Control and Environmental Health for their comments. 4.4 A response was received from Police Scotland on 27 May 2025 marked ‘no police objection’ and a ‘no comments’ response was received from the Scottish Fire and Rescue Service on 14 October 2025. ITEM 5 Page 13
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4.5 On 6 June 2025 a response was received from Environmental Health advising that they had no adverse comment to make in relation to the application. 4.6 On 17 June 2025 a response was received from Planning advising that they had no adverse comment to make in relation to the application. 4.7 Having consulted Building Standards there are outstanding matters which have still to be addressed by the applicant. The outstanding matters are detailed at Appendix 1. The applicant and a representative from Building Standards have been invited to address the Committee to provide an update on the current position regarding the premises. The Committee, having heard from all parties, is required to determine the application in accordance with Schedule 1 to the 1982 Act. 4.8 No objections have been received from members of the public. 5. People Implications 5.1 There are no personnel issues. 6. Financial Implications 6.1 There are no financial implications 7. Risk Analysis 7.1 There is no increased risk to the Council associated with the contents of this report. 8. Equalities Impact Assessment (EIA) 8.1 No impact assessment is required because this report does not involve any change to policies or services or financial decisions. 9. Consultation 9.1 Police Scotland, the Scottish Fire and Rescue Service, Planning, Building Standards, Environmental Health and Councillors representing the Lomond Ward were consulted in relation to the application. A site notice was displayed at the premises by the applicant for a period of 21 days allowing members of the public an opportunity to object. 10. Strategic Assessment 10.1 In terms of the Council's Strategic Priorities, the purpose of licensing is to ensure our Communities are Resilient and Thriving. Page 14
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Chief Officer – Regulatory & Regeneration 27 January 2026 Person to Contact: Robert Mackie, Senior Officer (Licensing Section), Licensing Team, Municipal Buildings, College Street, Dumbarton, G82 1NR. Tel. No. (Direct line) 01389 738742. robert.mackie@west-dunbarton.gov.uk Appendices: Appendix 1 - Correspondence dated 22 December 2025 between Building Standards and the applicant. Background Papers: 1. Application for grant of a Short Term Let Licence submitted by Haven Properties (Levenside) Ltd., Haven, Fisherwood Avenue, Alexandria G83 8SW. 2. Letter to Nicola Bell, Haven Properties (Levenside) Ltd., dated 30 January 2026. 3. Email to Building Standards dated 30 January 2026. Wards Affected: Lomond Page 15
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The plans submitted with the application for the short term let do not correspond with the stamped approved plans for BW/07/268/ALTE. Furthermore, our records show that an inspection was carried out by Building Standards with your builder on 06/06/2008 and it was noted that the construction works were not in accordance with the approved plans and an amendment to warrant would be required. Specifically, the as built construction did not meet the requirements of the Building Regulations. I would suggest that you seek advice from an appropriate professional, ie architect, architectural technician etc for the options to regularise the works in a way that meets the Building Regulations and is also suitable for yourselves. ITEM 5 APPENDIX 1 Page 17
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Licensing Committee – 18 February 2026 Subject: Application for grant of a Short Term Let Licence 1. Purpose 1.1 To consider an application for grant of a Short Term Let Licence submitted by Mr. Charles Mailey, Islay, 51 Hillbank Street, Bonhill Alexandria G83 9AR. 2. Recommendations 2.1 It is recommended that the application be considered and determined by the Committee. 3. Background 3.1 A valid application for the grant of a Short Term Let Licence was received on 7 July 2025 to operate on a secondary letting basis at Quarry Cabins, 51 Hillbank Street, Bonhill Alexandria G83 9AR. 3.2 An email was received from the Chief Constable of Police Scotland on 8 July 2025 advising that the Police had no objections or representations in connection with the application. 4. Main Issues 4.1 For the purpose of the discharge of their functions under the Civic Government (Scotland) Act 1982, the Committee must ordinarily reach a final decision on each application within the period of 9 months from the date the application was submitted. 4.2 The application submitted by Mr. Charles Mailey, was registered on 7 July 2025 therefore a final decision on the application must be made no later than 6 April 2026. 4.3 When processing applications for a Short Term Let Licence, a copy of the application is sent externally to Police Scotland and Scottish Fire and Rescue Service for comment. The application form was also sent internally to Planning, Building Control and Environmental Health for their comments. 4.4 A response was received from Police Scotland on 8 July 2025 marked ‘no police objection’ and a ‘no comments’ response was received from the Scottish Fire and Rescue Service on 31 July 2025. ITEM 6 Page 19
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4.5 On 30 July 2025 a response was received from Environmental Health advising that they had no adverse comment to make in relation to the application. 4.6 At the time of writing this report, adverse comments have been received from both Planning and Building Standards. The applicant is aware of these comments and it is the Licensing Section’s understanding that these matters are ongoing. 4.7 The applicant and a representative from Building Standards have been invited to address the Committee to provide an update on the current position regarding the premises. The Committee, having heard from all parties, is required to determine the application in accordance with Schedule 1 to the 1982 Act. 4.8 No objections have been received from members of the public. 5. People Implications 5.1 There are no personnel issues. 6. Financial Implications 6.1 There are no financial implications 7. Risk Analysis 7.1 There is no increased risk to the Council associated with the contents of this report. 8. Equalities Impact Assessment (EIA) 8.1 No impact assessment is required because this report does not involve any change to policies or services or financial decisions. 9. Consultation 9.1 Police Scotland, the Scottish Fire and Rescue Service, Planning, Building Standards, Environmental Health and Councillors representing the Lomond Ward were consulted in relation to the application. A site notice was displayed at the premises by the applicant for a period of 21 days allowing members of the public an opportunity to object. 10. Strategic Assessment 10.1 In terms of the Council's Strategic Priorities, the purpose of licensing is to ensure our Communities are Resilient and Thriving. Chief Officer – Regulatory & Regeneration Page 20
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Date 27 January 2026 Person to Contact: Robert Mackie, Senior Officer (Licensing Section), Licensing Team, Municipal Buildings, College Street, Dumbarton, G82 1NR. Tel. No. (Direct line) 01389 738742. robert.mackie@west-dunbarton.gov.uk Appendix 1: Response from Building Standards Background Papers: 1. Application for grant of a Short Term Let Licence submitted by Mr. Charles 2. Mailey, 51 Hillbank Street, Bonhill Alexandria G83 9AR. Letter to Charles Mailey, dated 30 January 2026. 3. Email to Building Standards dated 30 January 2026. Wards Affected: Lomond Appendices: Page 21
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ITEM 6 APPENDIX 1 Page 23
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Licensing Committee – 18 February 2026 Subject: Application for Variation of a Taxi Licence 1. Purpose 1.1 To consider an application for the variation of a Taxi Licence submitted by Mr Tin Sang Chow, 3 Coach House, Arden, Alexandria G83 8RD. 2. Recommendations 2.1 It is recommended that the application be considered and determined by the Committee. 2.2 The proposed variation to the taxi licence is contrary to the policy agreed by the Committee on 15 February 2017 and as such it is recommended that the application to vary the taxi licence to carry 7 passengers, without the vehicle being a Wheelchair Accessible Vehicle, be considered for refusal. 3. Background 3.1 Mr Chow is the holder of a taxi licence which operates in the Dumbarton & Vale of Leven zone of West Dunbartonshire Council. The taxi licence has an expiry date of 6 October 2028. 3.2 Mrs Tracey McKernan, 127 Strathleven Road, Bonhill, Alexandria G83 9PG is also named on the licence as the person responsible for the day-to-day management of the vehicle. The vehicle which is operated under this taxi licence is a Ford Tourneo MPV, licensed to carry 4 passengers. 3.3 An application for the variation to a taxi licence was submitted on 27 October 2025. Within the variation application the applicant has requested to increase the carrying capacity of the vehicle from the existing 4 passengers to 7 passengers. 3.4 Although the vehicle has a carrying capacity of 7 passengers, it is only licensed to carry 4 passengers as the policy applicable in the Dumbarton & Vale of Leven zone only allow Wheelchair Accessible Vehicles (WAV’s) to be licensed to carry 5 or more passengers. The vehicle is not adapted to carry wheelchair passengers. 4. Main Issues 4.1 At the Meeting of the Licensing Committee held on 15 February 2017, when considering the Taxi and Private Hire Vehicle Age and Vehicle Specification Requirements, it was agreed (Appendix 1):- ITEM 7 Page 25
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‘that in future all vehicles proposed for use as a taxi or private hire car, within the Dumbarton and Vale of Leven zone of West Dunbartonshire, with a carrying capacity of 5 or more passengers would require to be wheelchair accessible’. 4.2 Members also agreed the following policy for all taxi and private hire vehicles operating in West Dunbartonshire Council:- ‘Purpose built vehicles and adapted WAV’s can operate indefinitely with no restriction on age at first use’. ‘Saloon cars/MPVs may operate until 14 years old and they must be licensed prior to being 8 years old.’ 4.3 The report (Appendix 2) from February 2017 was put before Members to provide options to potentially increase the number of WAV’s operating in the Dumbarton & Vale of Leven zone. An earlier taxi demand survey had suggested that the Dumbarton & Vale of Leven zone should aim to have at least 20% of their taxi fleet as WAV’s. The option selected by Members at that time was to only allow vehicles that were wheelchair accessible, in the Dumbarton & Vale of Leven zone, to carry 5 or more passengers. By utilising a vehicle with a larger passenger carrying capacity, there is a benefit to the operator by enabling them to carry additional passengers up to the carrying capacity of the vehicle when the vehicle is not carrying a wheelchair passenger. 4.4 Members will be aware that the Clydebank Taxi zone of West Dunbartonshire Council requires every taxi to be a wheelchair accessible vehicle. 4.5 Currently, the Dumbarton & Vale of Leven taxi zone of West Dunbartonshire Council have a mixed fleet of saloon vehicles and multipurpose vehicles comprising of 175 taxis and 32 private hire cars. Of these, 8 taxis and 4 private hire cars are wheelchair accessible. The percentage of WAV’s within the taxi fleet is 4.6% and within the private hire car fleet 12.5%. Overall there are 5.8% of vehicles currently operating which are wheelchair accessible in the Dumbarton & Vale of Leven zone. 4.6 The request submitted by the applicant is to operate a larger capacity vehicle capable of carrying 7 passengers without the need for the vehicle to be a WAV which is contrary to the current policy. The reasons cited for the request are that the public are disadvantaged when there is a request for a vehicle to carry 5 or more passengers and none of the WAV vehicles are available. This results in the passengers having to use 2 taxis for their journey. It should be noted that the Licensing Team have no record of having received any complaints from the public where this situation has arisen. 4.7 The report which came before Committee on 15 February 2017 advised that there were 14 WAV’s operating in the taxi fleet from the 177 taxi licences that were being operated at that time which represented 7.9%. The number of WAV’s operating has fallen since then from 7.9% to 4.6%. Page 26
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4.8 The policy that was agreed on 15 February 2017 (Appendix 3) also allowed WAV’s to operate indefinitely as there would be no age restriction on how long a vehicle could operate. Any vehicle that was not a WAV would have to cease operation as a licensed vehicle once it reached 14 years. The policy also allowed for a WAV of any age to be operated at the time of its’ first use as opposed to non-WAV vehicles which had to be under 8 years old at the time. 4.9 The vehicle which is being used by Mr. Chow was first registered on 30 June 2025 therefore it is currently less than 1 year old. 4.10 The EIA (Appendix 4) highlights that if the proposal was accepted the current policy could no longer be applied. If the request to operate a 7 seater vehicle was allowed, without their being a requirement for the vehicle to be a WAV, this would have a detrimental effect on the availability of WAV's. Operators, when considering which vehicle to acquire, would likely choose to have a vehicle with a higher passenger capacity without it being a WAV due to the reduced cost of obtaining these vehicles. The proposed variation offers no benefit to anyone with protected characteristics, 4.11 There are no objections or representations from Police Scotland. 5. Personnel Issues 5.1 There are no personnel issues. 6. Financial Implications 6.1 There are no financial implications. 7. Risk Analysis 7.1 There is no increased risk to the Council associated with the contents of this report. 8. Equalities Impact Assessment (EIA) 8.1 EIA 1403: Allowing an exception to the policy on economic grounds would set a precedent that may result in a lowering of WAV vehicle availability to the detriment of customers with protected characteristics for example disabled people, particularly wheelchair users. 9. Consultation 9.1 Police Scotland were consulted in relation to the application. 10. Strategic Assessment 10.1 In terms of the Council's Strategic Priorities, the purpose of licensing is to ensure Page 27
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our Communities are Resilient and Thriving. Chief Officer – Regulatory & Regeneration Date: 29 January 2026 Person to Contact: Robert Mackie, Senior Officer (Licensing Section), Licensing Team, Municipal Buildings, College Street, Dumbarton, G82 1NR. Tel. No. (Direct line) 01389 738741 robert.mackie@west-dunbarton.gov.uk Appendices: 1. Approved Excerpt from Minute of Licensing Committee held on 15 February 2017. Background Papers: 1. Application for variation of a Taxi Licence submitted by Mr Tin Sang Chow, 3 Coach House, Arden, Alexandria G83. 2. Letter to Mr Chow dated 30 January 2026. 3. Letter to Mrs McKernan dated 30 January 2026. 2. Report submitted to Licensing Committee on 15 February 2017. 3. Age and Vehicle Specifications. 4. EIA 1403 WAV Policy Exception Request. Page 28
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2611 LICENSING COMMITTEE At a Meeting of the Licensing Committee held in Committee Room 3, Council Offices, Garshake Road, Dumbarton on Wednesday, 15 February 2017 at 10.00 a.m. AVAILABILITY OF WHEELCHAIR ACCESSIBLE VEHICLES IN THE DUMBARTON AND VALE OF LEVEN TAXI ZONE A report was submitted by the Strategic Lead – Regulatory providing an update on the current level of Wheelchair Accessible Vehicles in the Dumbarton and Vale of Leven taxi zone and seeking approval to increase their numbers. Having heard the Chair, Councillor O’Neill, the Committee agreed to hear from representatives of the taxi trade, Mr David Thomson and Mr John Watters, West Dunbartonshire Area Taxi Trade Association. It was noted that consultation with taxi operators had resulted in the majority opinion that the current level of WAVs in the Dumbarton and Vale of Leven zone was acceptable as WAV numbers were currently more than sufficient to meet the actual demand of users. Following discussion, the Committee agreed:- (1) that in future all vehicles proposed for use as a taxi or private hire car, within the Dumbarton and Vale of Leven zone of West Dunbartonshire, with a carrying capacity of 5 or more passengers would require to be wheelchair accessible; and (2) that officers would continue to monitor the provision of WAVs both locally and nationally. ITEM 7 APPENDIX 1 Page 29
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WEST DUNBARTONSHIRE COUNCIL Report by Strategic Lead - Regulatory Licensing Committee: 15 February 2017 ___________________________________________________________________ Subject: Availability of Wheelchair Accessible Vehicles in the Dumbarton and Vale of Leven taxi zone. 1. Purpose 1.1 To update the Committee with regard to the current level of Wheelchair Accessible Vehicles (WAVs) in the Dumbarton and Vale of Leven zone and consider action to increase their numbers. 2. Recommendations 2.1 Officers recommend that in future all vehicles proposed for use as a taxi or private hire car with a carrying capacity of 5 or more passengers be wheelchair accessible. 3. Background 3.1 The Committee will be aware that the Clydebank taxi zone has a 100% compulsory WAV fleet and the Dumbarton and Vale of Leven zone has a mixed fleet comprising of both saloon vehicles and WAVs. 3.2 The Halcrow demand survey carried out in 2013 suggested that the Licensing Authority look to increase the number of WAVs in the Dumbarton and Vale of Leven zone with an aspiration to achieving 20% of the overall fleet. In August 2013, the Committee; i. committed to address the finding that there is an insufficient number of wheelchair-accessible vehicles operating within the Dumbarton and Vale of Leven zone; ii. agreed that the Council should aspire to have a taxi fleet of which 20% are wheelchair-accessible and; iii. instructed officers to consult with representatives of the taxi trade in Dumbarton and Vale of Leven about the various options that could achieve the Council’s aim to have sufficient numbers of wheelchair accessible vehicles operating in the Dumbarton and Vale of Leven zone, in particular to have a taxi fleet of which 20% is wheelchair-accessible and thereafter, to report back to the Committee with a recommendation. 3.3 The number of WAVs operating in the Dumbarton and Vale of Leven zone taxi fleet in January 2017 is 14 vehicles, the same number as reported to Committee in 2013. The total number of taxis operating in the Dumbarton and ITEM 7 APPENDIX 2 Page 31
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Vale of Leven zone is 177. This represents 7.9 % of the taxi fleet which is a wheelchair accessible vehicle. 3.4 The Dumbarton and Vale of Leven zone currently has 20 Private Hire Car licences, 3 of which are WAV’s. Although the Halcrow report is specific to taxis it is worth noting that WAV availability is supplemented by private hire cars and these WAV numbers are slowly increasing. 4. Main Issues 4.1 In 2013 Halcrow suggested that a WAV fleet of 20% could be aspired to. However with the exception of large city authorities, this level of WAV provision does not appear to be the norm. Of the comparable authorities that responded to the request for information, the following percentages were provided; Stirling Council (as at September 2016) has 15.2%, and North Ayrshire (as at January 2017) has 15.3%. Inverclyde (as at January 2017) has 9.6%. East Renfrewshire (as at January 2017) has 2.6% and East Dunbartonshire does not currently track their WAV percentages. 4.2 It is difficult to acquire a national picture as the percentages fluctuate on a regular basis but through consultation with the Scottish Civic Government Enforcement Officers Group it is apparent to officers that the WAV numbers in the Dumbarton and Vale zone are at least average when looking at comparable areas. None of the comparable areas have 20%. 4.3 Consultation with the West Dunbartonshire Access Panel with regard to the sufficiency of WAV vehicles within the Dumbarton and Vale of Leven Zone. The committee in 2013 directed officers to consult with the taxi trade. Officers also consulted with wheelchair users and those providing support to wheelchair users. This was done through officer attendance at a dedicated meeting of the West Dunbartonshire Access Panel and through a “Survey Monkey” questionnaire issued to email addresses held on record by the Council’s Equality Officer. 4.4 The direct consultation with West Dunbartonshire Access Panel in April 2016 revealed that it is harder to obtain a WAV between 3pm and 6pm. This is likely due to the demand for WAV’s for the purpose of educational contract hires at this time. However there have been no formal complaints to this effect and this is therefore anecdotal in nature. 4.5 The West Dunbartonshire Access Panel consultation of April 2016 had a consensus view that the current availability is inadequate. The Access Panel committee have asked that the Licensing Committee consider the Access Panel’s view that the need for WAV’s may increase due to an ageing population and a predicted reduction in the number of wheelchair users qualifying for ownership of their own adapted vehicle. Page 32
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4.6 The Access Panel were asked to submit a formal response however this was not forthcoming so officers have relied on the notes taken at the Access Panel meeting in April 2016. 4.7 Two “Survey Monkey” responses were received from individuals (contained at Appendix 2), one being a wheelchair user, and the other a provider of support to a wheelchair user. Both found that it was generally possible to get a WAV by contacting the booking offices directly but it was harder to access a vehicle on a rank. One respondee commented that often a WAV was more easily available for the outbound journey from home, but not the inbound journey, when requesting a vehicle from a booking office. 4.8 Consultation with the taxi trade within the Dumbarton and Vale of Leven zone. A direct consultation with taxi operators resulted in the majority opinion that the current level of WAV’s in the Dumbarton and Vale zone is acceptable as WAV numbers are more than sufficient to meet the actual demand of users. The trade responses advised that should demand increase, this would be catered for by the trade. A detailed summary of these responses is at Appendix 1. 4.9 The issue of WAV numbers in the zone has also been raised and considered at several recent meetings of the West Dunbartonshire Taxi Licensing Forum in 2016. The Taxi Forum’s views have mirrored that of the consultation responses received from taxi operators. 4.10 Following the issue of the consultation questionnaire, (Appendix 3) 6 options were laid out for comment. Those questions or options and a summary of the majority answers are detailed below; The options and general responses are set out as follows; i) A discounted license fee for WAV’s. Even though this would generally be welcomed by the trade this will have minimal impact on the cost effectiveness of purchasing a WAV. ii) Replacement of non WAV with a WAV when the operator changes vehicle. This was a generally unpopular option with the trade. iii) Replacement of vehicle with 5-8 seats with a WAV when the operator changes the vehicle. Even though this was still unpopular as a measure with the trade it still received some support if it was necessary to implement some positive measures. iv) Replacement of non WAV with a WAV when the operator’s licence is transferred to another person. Page 33
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The trade was equal in its’ support and opposition to this measure. It is recommended that this would not apply in non-business circumstances i.e. death of the licence holder. v) Creation of 20 new licences reserved for new WAV operators. The vast majority of the trade were against this measure as it would likely have a serious detrimental economic impact on all operators. Comment to officers from several current WAV operators stated that they would possibly give up their WAVs if this was introduced as the market would be “flooded” with more WAVs than there is a demand for. vi) Abolish the distinction between the two taxi licensing zones. This was opposed by almost all operators as it is believed that the Dumbarton and Vale zone would stand to lose the most economically from this measure. 4.11 Two other measures were suggested by members of the trade; 1.) Four respondees suggested that it should be a condition of the booking office licence to ensure that they provide a WAV or ensure a WAV is available. 2.) Two respondees suggested that any operator who has more than one vehicle licensed as a taxi should make the second and any subsequent licensed vehicle a WAV. 4.12 Officers considered several options which are detailed below before making a recommendation; Option 1: Officers considered the results of the consultation outlined above and the lack of complaints received and concluded that demand is currently being met and no direct action needs to be taken to increase the availability of WAV’s in the Dumbarton and Vale of Leven zone. Option 2: Replacement of vehicle with 5-8 seats with a WAV when the operator changes the vehicle. These operators currently benefit from the higher tariffs available when carrying five or more passengers without offering wheelchair availability. Officers believe that this option would increase WAV numbers, has seen support from members of the taxi trade, and should have minimal detrimental impact on the taxi trade. Option 3: Creation of 20 new licences reserved for new WAV operators. The majority of the trade who responded to the consultation process stated that this would be unpopular. Option 4: In order to achieve a figure of 20% of the fleet, providing that the existing 14 wheelchair accessible vehicles remain so, an additional 21 plates Page 34
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would require to be made available. If the existing 14 wheelchair vehicles were not included in the calculation, an additional 45 licences would require to be made available. Any newly issued licences, other than transfers, would have the stipulation that they must always operate using a wheelchair accessible vehicle. This option, not consulted on, would likely be as unpopular to the trade as Option 3 above. Option 5: Amalgamate the Clydebank and Dumbarton and Vale of Leven taxi zones. A policy would have to be agreed in advance to ensure the retention of at least 20% of the overall fleet as WAVs in the longer term. This option was opposed by the Dumbarton and Vale of Leven taxi trade for economic reasons during consultation and the Clydebank trade have not been consulted on this option. 4.13 It is recommended that authority be delegated to the Strategic Lead – Regulatory in consultation with the Chair of the Committee to agree for the allocation and application of new licences phased in over a period of two years if members decide to implement Option 3 or Option 4. 4.14 Officers will continue to monitor the position of WAV numbers in this area and at a national level and any changes to legislation that may overtake any locally adopted position with regard to WAV numbers. Particularly any changes that occur through the Equality Act 2010 will be reported to the Committee. 5. People Implications 5.1 There are no personnel issues associated with this report. 6. Financial Implications 6.1 There are no financial implications to the Council associated with this report. 7. Risk Analysis 7.1 No risks to the Council were identified. 8. Equalities Impact Assessment (EIA) 8.1 An equalities impact assessment was carried out. This shows that an increase in WAV numbers would have potential benefits to wheelchair users but equally a potentially detrimental economic impact on members of the taxi licensed trade. 9. Consultation 9.1 Consultation on the content of this report was carried out with the Council’s Equality Officer, the West Dunbartonshire Access Panel, taxi operators in the Dumbarton and Vale of Leven zone, West Dunbartonshire Taxi Forum, members of the West Coast of Scotland Civic Government Enforcement Page 35
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Officer’s group and members of the public who are wheelchair users or assist a wheelchair user via the West Dunbartonshire Community Forum. 9.2 All formal consultations were open for a six week period however in practice responses were allowed for some time after this in the interest of receiving the maximum amount of views. 10. Strategic Assessment 10.1 This report assists in maintenance of the following strategic priority: • Improve the well-being of communities and protect the welfare of vulnerable people. Peter Hessett Strategic Lead – Regulatory Date: 30 January 2017 Person to Contact: Lawrence Knighton, Licensing Standards Officer, Council Offices, Garshake, Dumbarton G82 3PU. Lawrence.Knighton@wdc.gcsx.gov.uk tel: 0141 951 7986 Appendices: 1) Summary of taxi trade responses 2) Responses from wheelchair users or carers 3) Trade consultation questionnaire Background Papers: 1. Trade consultation responses 2. Equality Impact Assessment Wards Affected: All Page 36
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Taxi and Private Hire Vehicle Age and Vehicle Specification Requirements All vehicles • Must meet M1 type full vehicle approval; • No less than 4 passengers seats and no more than 8; • Minimum of 4 doors; • Minimum space across the narrowest part of the backseat to be 122 cms; • The steering wheel must be on the offside of the vehicle. Saloon cars/MPVs • May operate until 14 years old; • They must be licensed prior to being 8 years old; • Saloon type vehicles must have a luggage compartment space of at least 323 litres; • When replacing a saloon vehicle with an alternative vehicle with a carrying capacity of 5 or more passengers, the replacement vehicle must be Wheelchair Accessible (Only applicable in Dumbarton & Vale of Leven zone). Purpose Built and Adapted WAVs • can operate indefinitely with no restriction on age at first use. ITEM 7 APPENDIX 3 Page 37
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Assessment No 1403 Owner lknighton Resource Transformation Service Regulatory FirstName Surname Job Title Head Officer Robert Mackie Senior Officer Licensing Services Members Robert Mackie Lawrence Knighton (Please note: the word 'policy' is used as shorthand for strategy policy function or financial decision) Policy Title Taxi/Private Hire Car Operator Wheelchair Accessible Vehicle Policy (Dumbarton Zone) The aim, objective, purpose and intended out come of policy To allow Elected Members the choice on whether or not to allow a taxi operator to use a vehicle with a carrying capacity of 7 passengers which is not wheelchair accessible, contrary to the policy for the Dumbarton & Vale of Leven zone which states that any vehicle which carry's 5 or more passengers must be a wheelchair accessible vehicle. The taxi operator has made an application to vary their taxi licence and has cited the reason for the request that where there are 5 passengers looking to hire a taxi, when there are no WAV vehicles with the larger licensed capacity available, they need to use 2 separate vehicles at an increased cost to the customer. Service/Partners/Stakeholders/service users involved in the development and/or implementation of policy. Licensing Team Does the proposals involve the procurement of any goods or services? No If yes please confirm that you have contacted our procurement services to discuss your requirements. No SCREENING You must indicate if there is any relevance to the four areas Duty to eliminate discrimination (E), advance equal opportunities (A) or foster good relations (F) Yes Relevance to Human Rights (HR) No Relevance to Health Impacts (H) No Relevance to Social Economic Impacts (SE) No Who will be affected by this policy? Some benefit is claimed by the applicant that customers, if in a larger party, would benefit from travelling in one vehicle rather than two. This however may be at the detriment of wheelchair users who may experience a lowering in availabilty of WAV vehicles in the near future. If the proposal was accepted, with no benefit offered to anyone with protected characteristics, the current policy could no longer be applied. If the request to operate a 7 seater vehicle was allowed, without their being a requirement to utilise a Wheelchair Accessible Vehicle (WAV), this would have a detrimental effect on the availability of WAV's as operators would likely choose to have a vehicle with a higher passenger capacity without it being a WAV due to the reduced cost of obtaining these vehicles. ITEM 7 APPENDIX 4 Page 39
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From the applicants point of view, they are requesting this in order that there is a greater availability of vehicles for larger groups of passengers (5 or more) who would not purely have to wait on one of the existing vehicles (WAV) to accommodate their group size. Who will be/has been involved in the consultation process? Officer knowledge for this request however the policy in question when introduced was consulted widely with the Taxi Trade, the Equality Forum, and wheelchair users who were supportive of it's introduction. Page 40
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Please outline any particular need/barriers which equality groups may have in relation to this policy list evidence you are using to support this and whether there is any negative impact on particular groups. Specific group to consider Needs Evidence Impact Age Disability can increase with age. Multiple sources support this assertion. Lowering of availability of suitable vehicles Disability Wheelchair users are very dependent on public transport and particularly WAV vehicles. Multiple sources support this assertion. Local/National research carried out prior to Policy implementation. Lowering of availability of suitable vehicles if exception is made to the policy. Gender Reassign Marriage & Civil Partnership Pregnancy & Maternity Race Religion and Belief Sex Sexual Orientation Human Rights Health Social & Economic Impact Cross Cutting Page 41
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Policy has a negative impact on an equality group,but is still to be implemented, please provide justification for this. Will the impact of the policy be monitored and reported on an ongoing bases? The level of taxi operators offering a WAV vehicle is monitored and the reason for any notable change in numbers would be investigated. Q7 What is you recommendation for this policy? Don't Introduce Please provide a meaningful summary of how you have reached the recommendation EIA 1403: Allowing an exception to the policy on economic grounds would set a precedent that may result in a lowering of WAV vehicle availability to the detriment of customers with protected characteristics for example disabled people- particularly wheelchair users. Page 43
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