PUBLIC Document Pack - Licensing Committee - 11 December 2024
West Dunbartonshire Council · 11 December 2024
Back to Licensing Committee — 11 December 2024 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, 11 December 2024 ___________________________________________________________________ Time: 14:00 ___________________________________________________________________ Venue: Council Chambers, Clydebank Town Hall, 5 Hall Street, Clydebank G81 2NR ___________________________________________________________________ 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: 28 November 2024 Page 2
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MEETING OF LICENSING COMMITTEE WEDNESDAY, 11 DECEMBER 2024 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 MEETING 5 - 8 Submit for approval, as a correct record, the Minutes of meeting of the Licensing Committee held on 9 October 2024. 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 TEMPORARY 9 - 14 TAXI/PRIVATE HIRE CAR DRIVER’S LICENCE Submit report by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a Temporary Taxi/Private Hire Car Driver’s Licence submitted by Mr Gary McArthur. 6 EXCLUSION OF PRESS AND PUBLIC 15 The Committee is asked to consider passing the following resolution prior to consideration of Items 6, 7, 8 and 9 as undernoted:- “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.” Page 3
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7 APPLICATION FOR GRANT OF LATE HOURS CATERING LICENCE Submit report by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a Late Hours Catering Licence submitted by Rolling Smoke Clyde Ltd. for a premises at 468 Dumbarton Road, Clydebank G81 4DN. 8 APPLICATION FOR GRANT OF A TAXI/PRIVATE HIRE CAR DRIVER’S LICENCE (continued) Submit report by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a Taxi/Private Hire Car Driver’s Licence submitted by Mr Jose George. 9 APPLICATION FOR RENEWAL OF A TAXI/PRIVATE HIRE CAR DRIVER’S LICENCE (continued) Submit report by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for the renewal of a Taxi/Private Hire Car Driver’s Licence submitted by Mr James McCallum. 10 APPLICATION FOR RENEWAL OF A TAXI/PRIVATE HIRE CAR DRIVER’S LICENCE (continued) Submit report by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for the renewal of a Taxi/Private Hire Car Driver’s Licence submitted by Ms Julie McTaggart. 11 APPLICATION FOR RENEWAL OF A TAXI/PRIVATE HIRE CAR DRIVER’S LICENCE (continued) Submit report by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for the renewal of a Taxi/Private Hire Car Driver’s Licence submitted by Mr Stephen Aird. Page 4
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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, 9 October 2024 at 2.00 p.m. Present: Councillors Gurpreet Singh Johal, Fiona Hennebry, Lawrence O’Neill, Chris Pollock and Hazel Sorrell. Attending: Michael McDougall, Manager of Legal Services; Robert Mackie, Senior Licensing Officer and Lynn Straker, Committee Officer. Also Attending: Sergeant David Holmes, Police Scotland; Mr Christopher Percy; Mr Greg McPhie, Mr Yousuf Ghouri and Mr Hasan Iqbal. Apologies: Apologies for absence were intimated on behalf of Councillors Ian Dickson and John Millar. Councillor Lawrence O’Neill in Chair DECLARATIONS OF INTEREST It was noted that there were no declarations of interest in any of the items of business on the agenda. MINUTES OF PREVIOUS MEETINGS The Minutes of Meeting of the Licensing Committee held on 7 August 2024 were submitted and approved as correct record. OPEN FORUM The Committee noted that no open forum questions had been submitted by members of the public. 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:- ITEM 3 Page 5
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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.” APPLICATION FOR GRANT OF A TEMPORARY TAXI/PRIVATE HIRE CAR DRIVER’S LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a temporary Taxi/Private Hire Car Driver’s Licence submitted by Mr Christopher Percy. Members first heard from Sergeant David Holmes, Police Scotland who detailed the submission from the Chief Constable, Police Scotland. Members having heard from parties presents agreed to admit the letter relating to protected matters. Members then heard from the applicant in support of their application. After discussion and having heard the applicant in further explanation and in answer to Members’ questions, Members agreed to refuse the licence on the grounds that the applicant was not a fit and proper person to hold the licence. DECIDED:- Members agreed to refuse the application for the grant of the temporary Taxi/Private Hire Car Licence on the grounds that the applicant was not a fit and proper person to hold the licence. APPLICATION FOR GRANT OF A TAXI/PRIVATE HIRE CAR DRIVER’S LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a Taxi/Private Hire Car Driver’s Licence submitted by Mr Greg McPhie. Members first heard from Sergeant David Holmes, Police Scotland who detailed the objection submitted by the Chief Constable, Police Scotland. Members having heard from parties agreed to admit the letter relating to protected matters. Further, members having heard from parties, Members agreed to admit the late letter. Members then heard from the applicant in support of their application. ADJOURNMENT Councillor O’Neill, Chair, adjourned the meeting for a short recess to allow Members to take legal advice. The meeting reconvened at 3.05 p.m. with all those present in the sederunt in attendance. Page 6
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After discussion and having heard the applicant in further explanation and in answer to Members’ questions, Members agreed to refuse the licence on the grounds that the applicant was not a fit and proper person to hold the licence. DECIDED:- Members agreed to refuse the application for the grant of the Taxi/Private Hire Car Licence on the grounds that the applicant was not a fit and proper person to hold the licence. APPLICATION FOR GRANT OF A TAXI/PRIVATE HIRE CAR DRIVER’S LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a Taxi/Private Hire Car Driver’s Licence submitted by Mr. Jose George. Members noted that the applicant was not in attendance and agreed to a continuation of this hearing to the next meeting of the Licensing Committee. DECIDED:- Members agreed to a continuation of this hearing to the next meeting of the Licensing Committee. APPLICATION FOR RENEWAL OF A TAXI/PRIVATE HIRE CAR DRIVER’S LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for the grant of a Taxi/Private Hire Car Driver’s Licence submitted by Mr. Yousuf Ghouri. Members first heard from Sergeant David Holmes, Police Scotland, who detailed the objection submitted by the Chief Constable, Police Scotland. Members then heard from the applicant in support of the application. After discussion and having heard the applicant in further explanation and in answer to Members’ questions, Members agreed to refuse the licence on the grounds that the applicant was not being a fit and proper person to hold the licence. DECIDED:- Members agreed to refuse the application for the grant of the Taxi/Private Hire Car Licence on the grounds that the applicant was not a fit and proper person to hold the licence. Page 7
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TAXI FARE REVIEW UPDATE A report was submitted by the Chief Officer – Regulatory and Regeneration providing information to allow the Licensing Committee to update its practice in relation to its consultation in relation to taxi fare reviews. After discussion and having heard the Manager of Legal Services in further explanation and in answer to Members’ questions, the Committee agreed:- (1) to continue their practice of consulting persons or bodies representative of taxi operators in terms of section 17 of the Civic Government (Scotland) Act 1982; (2) to authorise officers to consult with holders of a taxi operator licence to ascertain views on the terms of the document at Appendix 1; and (3) to report the outcome of the consultation to a future meeting of the Licensing Committee for consideration. CIVIC AND MISCELLANEOUS LICENSING FEE REVIEW A report was submitted by the Chief Officer – Regulatory and Regeneration providing an update on the outcome of a review of licence fees relating to Civic and Miscellaneous licence types and possible amendments to the duration of licences. Members heard from the Manager of Legal Services in further explanation to the report including a correction at paragraph 4.7. Where it read ‘current financial year and the following two financial years’ should instead have stated ‘previous, current and the next financial year’. The Committee then agreed:- (1) to note the terms of the fee review and the exercise undertaken by Officers; (2) to note the financial position of the licensing function following the aforementioned fee review; and (3) to note the adoption of a two or three year type will not deliver the level of savings that will allow a reduction in licence fees. The meeting closed at 4:05 p.m. Page 8
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Licensing Committee –11 December 2024 Subject: Application for grant of a Temporary Taxi/Private Hire Car Driver’s Licence 1. Purpose 1.1 To consider an application for the grant of a Temporary Taxi/Private Hire Car Driver’s Licence submitted by Mr. Gary McArthur, Flat 0/1 66 Onslow Road, Drumry, Clydebank G81 2PN. 2. Recommendations 2.1 It is recommended that the application be considered and determined by the Committee. 3. Background 3.1 Mr. McArthur submitted an application for grant of a Temporary Taxi/Private Hire Car Driver’s Licence to the Council on 19 October 2024. 3.2 A letter was received from the Chief Constable of the Police authority on 1 November 2024 submitting a comment in connection with the application. 3.3 Mr. McArthur previously held a Taxi/Private Hire Car Driver’s Licence continuously between 2013 until 2017. The initial grant of the Licence in 2013 was determined by the Committee following an objection which had been submitted by the Chief Constable of Police Scotland. 3.4 In 2016 Mr. McArthur was the subject of a request from the Chief Constable of Police Scotland for the suspension of the licence. Members at that time dealt with the matter by issuing a warning letter to Mr. McArthur. 3.5 Having failed to apply for the renewal of the licence in August 2017 the licence expired. Mr. McArthur then applied for the grant of a temporary Taxi/Private Hire Car Driver’s Licence in October 2017. The Chief Constable of Police Scotland submitted a comment in relation to the applicant and the matter was determined by the Committee on 6 December 2017 where the licence was granted for 6 weeks. 3.6 Mr. McArthur then submitted an application for the grant of a Taxi/Private Hire Car Driver’s Licence on 15 January 2018. An objection was submitted by the Chief Constable of Police Scotland and the matter was referred to Committee. Having heard from the applicant and the representative of Police Scotland the licence was granted at the Committee on 16 May 2018. ITEM 5 Page 9
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3.7 The Chief Constable of Police Scotland then submitted a request for the immediate suspension of the Taxi/Private Hire Car Driver’s Licence held by Mr, McArthur on 18 May 2018 at which point, after consulting the Chair of the Licensing Committee, the licence was suspended with immediate effect and a hearing was arranged for 13 June 2018. Mr. McArthur then surrendered his licence on 24 May 2018 removing the requirement for a hearing to take place. 4. Main Issues 4.1 In view of the submission received from Police Scotland, the applicant and a representative of Police Scotland have been invited to attend the meeting of the Committee to be held on 11 December 2024. 4.2 Mr. McArthur has also submitted his personal medical records and we have also received 4 references speaking to Mr. McArthur’s character. It will be a matter for the Committee to decide whether these should be considered and they will be distributed if the Committee agree to view them. 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 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 our Communities are Resilient and Thriving. Chief Officer – Regulatory & Regeneration Page 10
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Date: 8 November 2024 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: N/A. Background Papers: 1. Application for grant of a temporary Taxi/Private Hire Car Driver’s Licence submitted by Mr. Gary McArthur, Flat 0/1 66 Onslow Road, Drumry, Clydebank G81 2PN. 2. Letter dated 1 November 2024 from the Chief Constable, Police Scotland, 'L' Divisional Headquarters, Stirling Road, Dumbarton. 3. Medical Record Summary submitted by Mr. McArthur. 4. Character references pertaining to Mr. McArthur. 5. Letter to Mr. McArthur dated 22 November 2024. Wards Affected: N/A. Page 11
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1 November 2024 Your Ref: Our Ref: L/LIC/JSY Mr Robert Mackie West Dunbartonshire Council Municipal Buildings College Street DUMBARTON G82 1NR Argyll & West Dunbartonshire ‘L’ Division Headquarters Stirling Road DUMBARTON G82 3PT Tel: 01389 822033 Dear Sir CIVIC GOVERNMENT (SCOTLAND) ACT 1982: SECTION 13 APPLICATION FOR A TEMPORARY TAXI DRIVER’S LICENCE APPLICANT: GARY MCARTHUR, DOB 27/07/1982 Having been consulted in terms of Paragraph 7(3)(a) of Schedule 1 of the Act in relation to the above application, the following is submitted for your information when considering same. The applicant has been convicted as follows: Date Court Crime/Offence Disposal 25.02.2019 Dumbarton Sheriff & Jury Assault to Severe Injury & Permanent Disfigurement Agg: Bail Imprisonment 2 years, to date from 09/10/2018 The circumstances of this conviction are that on 30 September 2018 within a licensed premises within Clydebank, Mr McArthur engaged in a fight with another male and during same, bit a section of his left ear off. Date Court Crime/Offence Disposal 30.03.2004 Dumbarton Sheriff & Jury Assault to Severe Injury & Permanent Disfigurement Sentence deferred to 04/05/2004, then imprisonment 1 year. Appeal lodged on 22/07/2004, then, on 22/10/2004, sentence varied on appeal to imprisonment 9 months, to date from 04/05/2004 The circumstances of this conviction are that on 28 July 2003 within a licensed premises within Clydebank, Mr Mcarthur struck a steward on the head with a bottle, causing same to smash and repeatedly struck him to the side of the head with same. ITEM 6 APPENDIX 1 Page 13
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OFFICIAL I must emphasise that this letter is for the information of the Licensing Committee, solely in connection with this application and not for any other purpose. Yours faithfully Gary I’Anson Divisional Commander Page 14
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NOT FOR PUBLICATION by virtue of Paragraph 14 of Part 1 of Schedule 7A of the Local Government (Scotland) Act, 1973 ANY ACTION TAKEN OR TO BE TAKEN IN CONNECTION WITH THE PREVENTION, INVESTIGATION OR PROSECUTION OF CRIME PLEASE NOTE THAT CONFIDENTIAL INFORMATION AND PAGES HAVE BEEN REMOVED ITEM 6 Page 15
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