PUBLIC Document Pack - Licensing Committee - 16 April 2025
West Dunbartonshire Council · 16 April 2025
Back to Licensing Committee — 16 April 2025 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, 16 April 2025 ___________________________________________________________________ Time: 14:00 ___________________________________________________________________ Venue: Civic Space, 16 Church Street, Dumbarton G82 1QL ___________________________________________________________________ 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: 03 April 2025 Page 2
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MEETING OF LICENSING COMMITTEE WEDNESDAY, 16 APRIL 2025 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 7 - 15 Submit for approval, as correct records, the undernoted Minutes of meeting for: (a) (Ordinary) Licensing Committee held on 19 February 2025; and (b) (Special) Licensing Committee held on 10 March 2025. 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 TAXI/PRIVATE HIRE 17 - 18 CAR DRIVER’S LICENCE 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 Allan Aire. 6 APPLICATION FOR GRANT OF A TAXI/PRIVATE HIRE 19 - 20 CAR DRIVER’S LICENCE 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 William Harrison. Page 3
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7 APPLICATION FOR GRANT OF A LATE HOURS 21 - 25 CATERING LICENCE Submit report by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for the grant of a Late Hours Catering Licence at 468 Dumbarton Road, Clydebank G81 4DN submitted by Rolling Smoke Clyde Limited. 8 APPLICATION FOR GRANT OF A SHORT TERM 27 - 30 LET 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 for premises at Hidden Horizon Luxury Glamping, 14 West Cochno Holdings, Hardgate, Clydebank G81 6RT submitted by Mrs. Winnie Woods, 14 West Cochno Holdings, Hardgate, Clydebank G81 6RT. 9 PROPOSED CHANGE TO TAXI/PRIVATE HIRE 31 - 34 CAR LICENCE CONDITION Submit report by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an amendment to an existing condition applicable to both taxis and private hire car licences relating to vehicle insurance which would clarify that the day-to-day manager can be the holder of the insurance policy. 10 EXCLUSION OF PRESS AND PUBLIC 35 The Committee is asked to consider passing the following resolution prior to consideration of Items 11 and 12 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 items of business on the grounds that it may involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act 1973.” 11 APPLICATION FOR GRANT OF A TAXI/PRIVATE HIRE CAR DRIVER’S LICENCE Submit report 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. Page 4
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12 REQUEST TO OPERATE A NON-WHEELCHAIR ACCESSIBLE VEHICLE IN THE CLYDEBANK ZONE Submit report by the Chief Officer – Regulatory and Regeneration asking the Committee to consider a request to operate a vehicle as a taxi within the Clydebank zone which has not been adapted for wheelchair accessibility. 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, 19 February 2025 at 2.00 p.m. Present: Councillors Ian Dickson, Fiona Hennebry, Lawrence O’Neill, Chris Pollock and Gordon Scanlan. 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 Aidan Carr; Mr John Watters; Mr Stephen McEwan; Mr Mark Hollern and Mr Alastair Morton. Apologies: Apologies for absence were intimated on behalf of Councillors Gurpreet Singh Johal, John Millar and Hazel Sorrell. 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 MEETING The Minutes of Meeting of the Licensing Committee held on 11 December 2024 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 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 Aidan Carr. Item 3a Page 7
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Members first heard from Sergeant David Holmes, Police Scotland in detail of their objection to the Application and then heard from the applicant, Mr Aidan Carr, in support of the application. After discussion and having heard Mr Aidan Carr in further explanation and in answer to Members’ questions, Members agreed to grant the application. DECIDED:- Members agreed to grant the application. APPLICATION FOR GRANT OF A SHORT-TERM LET LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a Short-Term Let Licence submitted by Ms Marcela Morton for Whiteleys Farm - House 1. Members heard from Mr Michael McDougall, Manager of Legal Services, who noted a Building Standards representative was unable to attend today and as such, would be unable to answer any questions from Members and/or applicant. Members agreed to a continuation of the hearing, to a special meeting of the Licensing Committee which would be held in the short term future to allow a Building Standards representative to attend. DECIDED:- Members agreed to a continuation of the hearing, to a special meeting of the Licensing Committee which would be held in the short-term future, to allow a Building Standards representative to attend. APPLICATION FOR GRANT OF A SHORT-TERM LET LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a Short -Term Let Licence submitted by Ms Marcela Morton for Whiteleys Farm - House 2. Members heard from Mr Michael McDougall, Manager of Legal Services, who noted a Building Standards representative was unable to attend today and as such would be unable to answer any questions from Members and/or applicant. Members agreed to a continuation of the hearing, to a special meeting of the Licensing Committee which would be held in the short-term future, to allow a Building Standards representative to attend. Page 8
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DECIDED:- Members agreed to a continuation of the hearing, to a special meeting of the Licensing Committee which would be held in the short-term future, to allow a Building Standards representative to attend. APPLICATION FOR GRANT OF A SHORT-TERM LET LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a Short-Term Let Licence submitted by Ms Marcela Morton for Whiteleys Farm - House 3. Members heard from Mr Michael McDougall, Manager of Legal Services, who noted a Building Standards representative was unable to attend today and as such would be unable to answer any questions from Members and/or applicant. Members agreed to a continuation of the hearing, to a special meeting of the Licensing Committee which would be held in the short-term future, to allow a Building Standards representative to attend. DECIDED:- Members agreed to a continuation of the hearing, to a special meeting of the Licensing Committee which would be held in the short term future to allow a Building Standards representative to attend. CIVIC GOVERNMENT (SCOTLAND) ACT 1982 REVIEW OF TAXI FARES AND CHARGES DUMBARTON & VALE OF LEVEN TAXI LICENSING ZONE A report was submitted by the Chief Officer – Regulatory and Regeneration providing information on the review of fares and charges applicable to taxis operating within the Dumbarton andVale of Leven Taxi Licensing Zone. After discussion and having heard Mr Michael McDougall, Manager of Legal Services in further explanation, Members agreed that the proposed changes to the current level of fares and charges applicable to the Dumbarton and Vale of Leven Taxi Licensing Zone, submitted by the trade association for the Dumbarton & Vale of Leven area, be considered as follows:- Alter the time period when Tariffs will apply as follows:- Tariff One and Tariff Four to change from the existing 6.00am until 9.00pm on Monday to Sunday to 7.00am until 7.00pm on Monday to Friday. Tariff Two and Tariff Five to change from the existing 9.00pm until 6.00am on Monday to Sunday to 7.00pm until 7.00am on Monday to Thursday and from 7.00pm until 7.00am on Friday to Monday. Page 9
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Tariff Three and Tariff Six to change from the existing starting point of 6.00pm on 24th December and 31st December to 7.00am. Tariff Three and Tariff Six to change from the existing ending point of 6.00am on 27th December and 3rd January to 7.00am. Increase the flagfall as follows:- Tariff One to increase from £3.50 to £4.00 Tariff Two to increase from £4.10 to £5.20 Tariff Three to increase from £5.50 to £7.00 Tariff Four to increase from £4.50 to £5.00 Tariff Five to increase from £5.10 to £7.00 Tariff Six to increase from £7.00 to £10.00 A £25.00 charge shall be payable for a taxi booking made by telephone or via App where the taxi has been booked to uplift passengers from outside the West Dunbartonshire area and the passengers are not at the pick-up point after the pre- arranged time. Running mile increasing by 20p on Tariff One, 20p on Tariff Two, £1.80 on Tariff Three, 20p on Tariff Four, 40p on Tariff Five and £1.60 on Tariff Six. Waiting time will decrease from £36.00 per hour to £24.00 per hour; That officers arrange for the advertisement of the fares and charges agreed by the Committee and review any representations received. That authority be delegated to the Chief Officer – Regulatory & Regeneration, in consultation with the Chair of the Licensing Committee, to conclude the review without the requirement for the Committee to consider a further report on the matter provided no representations are received in relation to the proposal. TAXI FARE REVIEW UPDATE A report was submitted by the Chief Officer – Regulatory and Regeneration advising on the outcome of a consultation in relation to the Licensing Section’s practice in relation to taxi fare reviews. After discussion and having heard Mr Michael McDougall, Manager of Legal Services, Members agreed:- (1) to note the consultation responses received from holders of taxi operator licences; and (2) to approve the taxi fare review procedure outlined at Appendix 1 in the report. Page 10
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UPDATE AND REVIEW OF LICENSING POLICIES AND PROCEDURES A report was submitted by the Chief Officer – Regulatory and Regeneration informing of the proposed review of the Licensing Section’s licensing policies and procedures, to make sure that they align with the Council’s broader equalities objectives, as well as considering the needs of the community and licensed trade. After discussion and having heard Mr Michael McDougall, Manager of Legal Services, in further explanation, Members agreed to note and approve the review of licensing policies and procedures. UPDATE AND REVIEW OF SHORT-TERM LET LICENSING POLICY A report was submitted by the Chief Officer – Regulatory and Regeneration advising of the commencement of a review of the implementation of the Short-term Let Licensing Policy and the steps required to reflect changes further to the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Amendment Order 2024. After discussion and having heard Mr Michael McDougall, Manager of Legal Services, in further explanation, Members agreed:- (1) to note the steps being taken to review the implementation of the Short-term Let Licensing Policy; (2) to note the terms of the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Amendment Order 2024; and (3) to approve the updated Policy in relation to short-term let licences, subject to any further technical modifications thought necessary by the Chief Officer- Regulatory and Regeneration, to implement the new licence types. The meeting closed at 2.32 p.m. Page 11
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LICENSING COMMITTEE At a Special Meeting of the Licensing Committee held in the Civic Space, 16, Church Street, Dumbarton on Monday, 10 March 2025 at 10.02 a.m. Present: Councillors Ian Dickson, Lawrence O’Neill and Chris Pollock. Attending: Michael McDougall, Manager of Legal Services; Lorraine Charles, Building Standards Surveyor and Lynn Straker, Committee Officer. Also Attending: Ms Marcela Morton, Applicant. Apologies: Apologies for absence were intimated on behalf of Councillors Gurpreet Singh Johal, Fiona Hennebry, John Millar, Gordon Scanlan and Hazel Sorrell. 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 MEETING The Minutes of Meeting of the Licensing Committee held on 19 February 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 SHORT-TERM LET LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a Short-Term Let Licence submitted by Ms Marcela Morton for Whiteleys Farm - House 1. Item 3b Page 13
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Members first heard from Ms Lorraine Charles, Building Standards Surveyor. Members then heard from the Applicant in support of the application and in response to Ms Charles’ comments. After discussion and having heard the Applicant in further detail and in answer to Members’ questions, Members agreed to grant the application subject to the mandatory and local conditions with the addition of the following condition: "The premises will not be used as a short-term let until the Chief Officer: Regulatory and Regeneration is satisfied that the matters relating to building standards matters are resolved." DECIDED:- Members agreed to grant the application subject to the mandatory and local conditions with the addition of the following condition: "The premises will not be used as a short-term let until the Chief Officer: Regulatory and Regeneration is satisfied that the matters relating to building standards matters are resolved." APPLICATION FOR GRANT OF A SHORT-TERM LET LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for grant of a Short-Term Let Licence submitted by Ms Marcela Morton for Whiteleys Farm - House 2. Members first heard from Lorraine Charles, Building Standards Surveyor. Members then heard from the Applicant in support of the application and in response to Ms Charles’ comments. After discussion and having heard the Applicant in further detail and in answer to Members’ questions, Members agreed to grant the application subject to the mandatory and local conditions with the addition of the following condition: "The premises will not be used as a short-term let until the Chief Officer: Regulatory and Regeneration is satisfied that the matters relating to building standards matters are resolved." DECIDED:- Members agreed to grant the application subject to the mandatory and local conditions with the addition of the following condition: "The premises will not be used as a short-term let until the Chief Officer: Regulatory and Regeneration is satisfied that the matters relating to building standards matters are resolved." APPLICATION FOR GRANT OF A SHORT-TERM LET LICENCE Members first heard from Lorraine Charles, Building Standards Surveyor. Members then heard from the Applicant in support of the application and in response to Ms Charles’ comments. After discussion and having heard the Applicant in further detail and in answer to Members’ questions, Members agreed to grant the application subject to the mandatory and local conditions with the addition of the following condition: "The premises will not be used as a short-term let until the Chief Officer: Regulatory and Regeneration is satisfied that the matters relating to building standards matters are resolved." Page 14
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Members agreed to grant the application subject to the mandatory and local conditions with the addition of the following condition: "The premises will not be used as a short-term let until the Chief Officer: Regulatory and Regeneration is satisfied that the matters relating to building standards matters are resolved." The meeting closed at 10.22 a.m. Page 15
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Licensing Committee – 16 April 2025 Subject: Application for grant of a Taxi/Private Hire Car Driver’s Licence 1. Purpose 1.1 To consider an application for the grant of a Taxi/Private Hire Car Driver’s Licence submitted by Mr Allan Aire, Shalimar, Dalmonach Road, Bonhill, Alexandria G83 9AG. 2. Recommendations 2.1 It is recommended that the application be considered and determined by the Committee. 3. Background 3.1 Mr Aire submitted an application for the grant of a Taxi/Private Hire Car Driver’s Licence to the Council on 4 February 2025. 3.2 A letter was received from the Chief Constable of Police Scotland on 24 February 2025 submitting an objection in connection with the application. 3.3 On 23 October 2023 Mr. Aire applied for the grant of a Taxi/Private Hire Car Driver’s Licence. A letter of objection was received from the Chief Constable of Police Scotland which resulted in the application being referred to the meeting of Licensing Committee held on 6 December 2023 for determination. 3.4 At the meeting of the Licensing Committee held on 6 December 2023 Members decided to refuse the application on the grounds that the applicant was not a fit and proper person to hold a Taxi/Private Hire Car Driver’s Licence. 4. Main Issues 4.1 In view of the submission received from the Police, the applicant and a representative of Police Scotland has been invited to attend the meeting of the Committee to be held on 16 April 2025. 5. People Implications 5.1 There are no personnel issues. 6. Financial Implications 6.1 There are no financial implications Item 5 Page 17
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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 Date 21 March 2025 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 Taxi/Private Hire Car Driver’s Licence submitted by Mr Allan Aire, Shalimar, Dalmonach Road, Bonhill, Alexandria G83 9AG. 2. Letter dated 24 February 2025 from the Chief Constable, Police Scotland, 'L' Divisional Headquarters, Stirling Road, Dumbarton. 3. Letter to Mr Aire dated 27 March 2025. Wards Affected: N/A. Page 18
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Licensing Committee – 16 April 2025 Subject: Application for grant of a Taxi/Private Hire Car Driver’s Licence 1. Purpose 1.1 To consider an application for the grant of a Taxi/Private Hire Car Driver’s Licence submitted by Mr William Harrison, 26 Carmona Drive, Alexandria G83 8AJ. 2. Recommendations 2.1 It is recommended that the application be considered and determined by the Committee. 3. Background 3.1 Mr Harrison submitted an application for the grant of a Taxi/Private Hire Car Driver’s Licence to the Council on 10 February 2025. 3.2 A letter was received from the Chief Constable of Police Scotland on 7 March 2025 submitting an objection in connection with the application. 4. Main Issues 4.1 In view of the submission received from the Police, the applicant and a representative of Police Scotland has been invited to attend the meeting of the Committee to be held on 16 April 2025. 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 Item 6 Page 19
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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 Date 21 March 2025 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 Taxi/Private Hire Car Driver’s Licence submitted by Mr William Harrison, 26 Carmona Drive, Alexandria G83 8AJ. 2. Letter dated 7 March 2025 from the Chief Constable, Police Scotland, 'L' Divisional Headquarters, Stirling Road, Dumbarton. 3. Letter to Mr Harrison dated 27 March 2025. Wards Affected: N/A. Page 20
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Licensing Committee – 16 April 2025 Subject: Application for grant of a Late Hours Catering Licence 1. Purpose 1.1 To consider an application for the grant of a Late Hours Catering Licence submitted by Rolling Smoke Clyde Ltd., which names Mr. Waleed Totakhyl, Flat 1/1 2038 Dumbarton Road, Glasgow G14 0HH as sole director, to operate from the premises at 468 Dumbarton Road, Clydebank G81 4DN. 2. Recommendations 2.1 It is recommended that the application be considered and determined by the Committee. 3. Background 3.1 Rolling Smoke Clyde Ltd. submitted a valid application for grant of a Late Hours Catering Licence to the Council on 17 September 2024. 3.2 An email was received from the Chief Constable of Police Scotland on 3 December 2024 advising that the Police had no objections or representations in connection with the application, having previously submitted an objection which was subsequently withdrawn. 3.3 A memo was received from an officer from the Council’s Environmental Health Team on 13 February 2025 submitting an objection in connection with the application. A further memo dated 28 March 2025 was received updating the Environmental Health position in regard to their objection. 3.4 A Late Hours Catering Licence was issued to MGE GLA Ltd. for the premises at 468 Dumbarton Road, Clydebank G81 4DN naming Mr. Naveed Totakhyl as the sole director on 6 December 2022 with an expiry date of 5 December 2025. Mr. Naveed Totakhyl submitted an email dated 17 September 2024 surrendering the licence. 3.5 The hours operated by the previous licence holder operating from the premises were:- Monday to Thursday 11 pm - 12.30 am Friday and Saturday 11 pm – 1.30 am Sunday 11pm – 12.30 am 4. Main Issues Item 7 Page 21
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4.1 The operating hours requested by Mr. Waleed Totakhyl are:- Monday to Thursday 11 pm - 1 am Friday to Sunday 11 pm – 2.30 am The applicant describes the premises as a fast-food takeaway selling burgers, peri-peri chicken and desserts. Mr. Waleed Totakhyl is also named on the application form as the day-to-day manager. 4.2 On 11 December 2024 Mr. Waleed Totakhyl submitted the Certificate of Compliance confirming that a notice had been posted at or near to the premises. It was noted however that the Certificate of Compliance had not been completed. In the accompanying email the applicant stated that the hours being sought were different to that stated in the original application. These had changed to:- Monday to Thursday 11 pm – 1am Friday to Sunday 11 pm – 4 am 4.3 The applicant was then advised that if he wished to apply to open until 4 am on Fridays to Sundays a new application would need to be submitted as the consultation had already been carried out on the understanding that the applicant was seeking to open until 2.30 am on Friday – Sunday. 4.4 On 28 January 2025 the applicant advised that he wished to apply for the hours requested on the original application and the Certificate of Compliance was received on 30 January 2025. 4.5 In recent years, applications for late hours catering licences have been granted by the Committee subject to the operating hours being restricted to co-relate to the closing hours of the nearest licensed premises, i.e. the late hours catering premises being allowed to operate until 30 minutes after the closing time of the nearest public house or nightclub. The nearest licensed premises in relation to 468 Dumbarton Road, Clydebank G81 4DN are detailed below in order of proximity. It should be noted that the nearest licensed premises to 468 Dumbarton Road becomes Club Mango (trading as Tempo) once the 6 public houses listed below, close for business. Tempo is approximately 0.6 miles from 468 Dumbarton Road. The Cabin Inn, 474 Dumbarton Road Sunday to Thursday – 11 am to 12 Midnight and Friday and Saturday – 11 am to 1 am The Park Bar, 421/423 Dumbarton Road Sunday to Thursday – 11 am to 12 Midnight and Friday and Saturday – 11 am to 1 am Page 22
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The Horse and Barge, 688 Dumbarton Road Sunday to Thursday – 11 am to 12 Midnight and Friday and Saturday – 11 am to 1 am Mackintosh’s Bar, 2/4 Swindon Street Monday to Thursday – 11 am to 12 Midnight Friday and Saturday – 11 am to 1 am the following day Sunday – 12.30 pm to 12 Midnight Sixty Ate Bar and Grill, 68 Dumbarton Road Sunday to Thursday – 11 am to 12 Midnight and Friday and Saturday – 11 am to 1 am Club Mango T/A Tempo, 68 Dumbarton Road Monday to Wednesday - 11 am to 1 am Thursday to Saturday - 12 am to 3 am Sunday – 12.30 am to 3 am Mountblow Bar T/A Bernie’s, 832 Dumbarton Road Monday to Thursday – 11 am to 12 midnight Friday and Saturday – 11 am to 1 am the following day Sunday – 12.30 pm to 12 midnight 4.7 It should be noted that given the hours requested by the applicant i.e. Monday to Thursday 11 pm - 1 am Friday to Sunday 11 pm – 2.30 am Only Club Mango T/A Tempo remains open up to and beyond the 30 minute closing period of the nearest licensed premises with their hours being Monday to Wednesday - 11 am to 1 am Thursday to Saturday - 12 am to 3 am Sunday – 12.30 am to 3 am 4.8 On 17 September 2024 it was noted that an Environmental Health Officer had visited the premises however as the premises were undergoing a refit at the time, no inspection could be carried out. The applicant had been asked to contact Environmental Health to arrange for an inspection once the premises were ready however Licensing were notified on 8 October 2024 that the applicant had not made contact with Environmental Health to arrange an inspection. Page 23
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4.9 Following an inspection carried out by Environmental Health on 6 February 2025 an objection was received. A further inspection was carried out 25 March 2025 which provided an update on the Environmental Health objection as some matters had been resolved. 4.10 When considering the objection submitted by Environmental Health, in terms of the relevant legislation, an objection with respect to an application should be submitted within 28 days of receipt of the application. As the application from Rolling Smoke Clyde Ltd. was received on 17 September 2024, any objection should have been submitted by 15 October 2024. There is, however, provision in the legislation for the Licensing Authority to entertain a late objection which has been received before a final decision has been made. The Licensing Authority must be satisfied that there is sufficient reason why the objection had not been submitted in the time required having heard from the applicant and the Environmental Health representative. 4.11 The Enviromental Health service advise that the objection is late as:- "The objection has been submitted after the statutory 28-day period from the date the application was lodged because there were ongoing issues with refuse at the premises from 08 October 2024 to 03 February 2025. Complaints were received on 31 January and 03 February 2025 indicating that there is an issue with the newly fitted ventilation system at the premises." 4.12 In view of the submission received from Environmental Health, the applicant and 5. a representative of the Environmental Health Service have been invited to attend the meeting of the Committee to be held on 16 April 2025. 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. Page 24
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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 Date 28 March 2025 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 Late Hours Catering Licence submitted by Rolling Smoke Clyde Ltd. 2. Letter to Mr. Waleed Totakhyl dated 1 April 2025. Wards Affected: Clydebank Waterfront. Page 25
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Licensing Committee – 16 April 2025 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 Mrs. Winnie Woods, 14 West Cochno Holdings, Hardgate, Clydebank G81 6RT. 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 30 August 2024 to operate on a home letting basis at Hidden Horizon Luxury Glamping, 14 West Cochno Holdings, Hardgate, Clydebank G81 6RT. 3.2 An email was received from the Chief Constable of Police Scotland on 4 September 2024 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 Mrs. Woods was registered on 30 August 2024 therefore a final decision on the application must be made no later than 29 May 2025. 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 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 4 September 2024 marked ‘no police objection’ and a ‘no comments’ response was received from the Scottish Fire and Rescue Service on 25 November 2024. 4.5 On 22 November 2024 a response was received from Environmental Health advising that they had no adverse comment to make in relation to the Item 8 Page 27
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application. 4.6 On 13 September 2024 a response was received from Planning advising that they had no adverse comment to make in relation to the application. 4.7 At the time of writing this report, Building Standards advise that no application for a building warrant or a certificate of completion has been lodged. The applicant is aware of this outstanding matter and it is the Licensing Section’s understanding that these matters are ongoing. 4.8 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. 4.9 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 Kilpatrick 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 28
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Chief Officer – Regulatory & Regeneration Date 26 March 2025 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: Email from Building Standards dated 12 September 2024 Background Papers: 1. Application for grant of a Short Term Let Licence submitted by Mrs Winnie Woods, 14 West Cochno Holdings, Hardgate, Clydebank G81 6RT. 2. Letter to Mrs. Woods dated 1 April 2025. 3. Email to Building Standards dated 1 April 2025. Wards Affected: Kilpatrick Page 29
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BUILDING STANDARDS, 16 Church Street, Dumbarton, G82 1QL Telephone: Email: jason.smith@west-dunbarton.gov.uk Date: 12th September 2024 Dear Sir/Madam LICENSING CONSULTATION Reference Number: LIC/24/0092 Description: Short Term Let Location: 14 West Cochno Holdings Cochno Road Hardgate Clydebank G81 6RT Building Standards has the following comments on this consultation: 1. A Building Warrant would have been required for the installation of glamping pods in relation to the drainage. There is no record of a Building Warrant application. 2. The applicant requires to regularise this by applying for a Completion where no Building Warrant was obtained. 3. As no Building Warrant has been granted, the use of these pods should cease until such times that a Completion Certificate has been obtained, or enforcement action will be taken to regularise the situation. Yours faithfully Jason Smith Building Standards Surveyor Winnie Woods Item 8 Appendix 1 Page 30
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Licensing Committee – 16 April 2025 Subject: Proposed change to Taxi / Private hire Car Licence condition 1. Purpose 1.1 To consider an amendment to an existing condition applicable to both taxis and private hire car licences relating to vehicle insurance which would clarify that the day-to-day manager can be the holder of the insurance policy. 2. Recommendations 2.1 It is recommended that the change to the relevant condition applicable to both taxis and private hire car licences be considered and amended. 3. Background 3.1 The issue of vehicle insurance relating to taxis and private hire cars is set out below in paragraphs 3.2, 3.3, 3.4 and 3.5. The reference to the Road Traffic Act 1972 in paragraph 3.4 essentially states that vehicles can only be driven when properly insured. 3.2 Condition No. 4 relating to the holder of a taxi licence states:- The holder of a Taxi Licence who owns the Taxi to which the Licence relates shall hold in their own name the requisite vehicle registration document (or shall otherwise provide documentary evidence confirming ownership of the Taxi and evidence sufficient to the satisfaction of the Licensing Authority of the owner’s consent to the vehicle presented for registration being used as a Taxi) and the Certificate of Insurance in relation to the Taxi required by statute. If more than one name appears on the Taxi Licence, both the Vehicle Registration document and the Certificate of Insurance shall be in the name of at least one of those names. 3.3 Similarly, condition No. 4 relating to the holder of a private hire car licence states:- The holder of a Private Hire Car Licence who owns the Private Hire Car to which the Licence relates shall hold in his own name the requisite vehicle registration document (or shall otherwise provide documentary evidence confirming ownership of the Private Hire Car and evidence sufficient to the satisfaction of the Licensing Authority of the owner’s consent to the vehicle presented for registration being used as a Private Hire Car) and the Certificate of Insurance in relation to the Private Hire Car required by statute. If more than one name appears on the Private Hire Car Licence the Vehicle Registration document and Item 9 Page 31
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the Certificate of Insurance shall be in the name of at least one of those names. 3.4 Section 10(2) of the Civic Government (Scotland) Act 1982 (the 1982 Act) states:- A licensing authority shall not grant or renew a taxi licence or private hire car licence unless they are satisfied that the vehicle to which the licence is to relate is suitable in type, size and design for use as a taxi or private hire car, as the case may be, and is safe for that use, and that there is in force in relation to the vehicle such a policy of insurance or such security as complies with Part VI of the Road Traffic Act 1972. 3.5 Paragraph 5(8) of Schedule 1 of the 1982 Act states:- Where a licensing authority grant a licence in respect of which an employee or agent has been named under paragraph 1(2)(b) or (c)(iv) above, the licence shall be granted jointly in the names of the applicant and of the employee or agent, and in such a case any reference in this Schedule or in Part I or II of this Act to the holder of a licence includes a reference to one or both of those persons, as the case may require. 4. Main Issues 4.1 It is established that a taxi or private hire car must be insured for hire or reward and be comprehensive rather than third party fire and theft. 4.2 The existing condition requires that the licence holder must hold the insurance policy in their own name. Paragraph 5(8) of Schedule 1 of the 1982 Act however states where an employee or agent are named as such on the application form, then the licence is granted jointly in the applicant’s name and the employee or agent. 4.3 Several taxi and private hire car licences in both the Clydebank zone and the Dumbarton and Vale of Leven zone are issued in the licence holders name and include the name of the employee or agent as day-to-day manager. In effect, as the joint holder of the licence, the certificate of insurance for the vehicle could be held in the name of the day-to-day manager and not the licence holder’s name. The consequence of this change may have a beneficial effect on a number of existing licence holders as it may reduce the cost of their insurance where the day-to-day manager is able to obtain a more cost-effective insurance policy in comparison to the licence holder themselves. Given the aforementioned terms of paragraph 5(8) of Schedule 1 of the 1982 Act, this change simply reflects the statutory position, i.e. the day-to-day manager is a joint licence holder. 4.4 Officers of the Licensing Section have reviewed practice in other neighbouring licensing authorities and note that authorities such as Glasgow City Council, Renfrewshire Council and East Dunbartonshire Council, allow the vehicle insurance to be in the name of the day-to-day manager. Page 32
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4.5 It is therefore proposed that the wording of both the taxi and private hire car conditions be amended as follows:- The holder of a Taxi/Private Hire Car Licence who owns the Taxi/Private Hire Car to which the Licence relates shall hold in their own name the requisite vehicle registration document (or shall otherwise provide documentary evidence confirming ownership of the Taxi/Private Hire Car and evidence sufficient to the satisfaction of the Licensing Authority of the owner’s consent to the vehicle presented for registration being used as a Taxi/Private Hire Car). The Certificate of Insurance in relation to the Taxi/Private Hire Car must be in the name of the holder of the licence holder or in the name of the employee or agent where they are named on the licence. 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 No consultation was carried out. 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 Date 27 March 2025 Person to Contact: Robert Mackie, Senior Officer (Licensing Section), Licensing Team, Page 33
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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. Standard conditions for the holder of a taxi or private hire car licence. Wards affected: All. Page 34
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NOT FOR PUBLICATION 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 by virtue of Paragraph 3 of Part 1 of Schedule 7A of the Local Government (Scotland) Act, 1973 Item 10 Page 35