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Agenda Document Pack - General Purposes Committee - 07/02/2023

Midlothian Council · 7 February 2023
Back to General Purposes Committee — 7 February 2023 and its agenda

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Page 1

Notice of Meeting and Agenda 
General Purposes Committee 
Venue:  Virtual Meeting, 
Date:  Tuesday, 07 February 2023 
Time:  10:00 
Executive Director : Place 
Contact:
Clerk Name: Democratic Services
Clerk Telephone: 
Clerk Email: democratic.services@midlothian.gov.uk 
Further Information: 
This is a meeting which is open to members of the public.  
Privacy notice: Please note that this meeting may be recorded. The
recording may be publicly available following the meeting. If you would
like to know how Midlothian Council collects, uses and shares your
personal information, please visit our website: www.midlothian.gov.uk 
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1          Welcome, Introductions and Apologies 
2          Order of Business 
3          Declaration of Interest 
4          Minute of Previous Meeting 
Minute of General Purposes Committee 30 August 2022
Submitted for approval
3 - 8 
5          Public Reports 
No items for discussion 
6          Private Reports 
Landlord Registration Application Report by Team Manager
Public Health and Environmental Protection
• 7. Information relating to anything done or to be done in respect of any
particular person for the purposes of any of the matters referred to in
section 27(1) of the Social Work (Scotland) Act 1968 (providing reports on
and supervision of certain persons). 
7          Date of Next Meeting 
The next meeting will be held on 28 March 2023 
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1-993 
Minute of Meeting 
General Purposes Committee 
Date Time Venue
30 August 2022 10.00 pm Virtual via MS Teams 
Present: 
Councillor Virgo (Chair) Councillor Alexander
Councillor Bowen Councillor Drummond
Councillor Imrie Councillor McKenzie
Councillor McEwan Councillor Parry
Councillor Milligan Councillor Russell
Councillor Pottinger 
Councillor Winchester 
In attendance: 
Alan Turpie, Legal and Governance Manager / Monitoring Officer
Inspector Marc Copland, Police Scotland
Moira Cartwright, Manager Public Health & Environmental Protection
Janet Ritchie, Democratic Services Officer 
Ross Neill, Democratic Services Team Leader 
General Purposes Committee 
7 February  2023
Item 4.1
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1. Welcome and apologies 
Councillor Virgo welcomed all to the meeting 
An apology for absence was intimated on behalf of Councillors Scott and McCall.   
2. Order of Business 
The order of business was as set out on the agenda other than it was agreed to
re-arrange the order allowing item 5.2 to be heard before item 5.1   
3. Declarations of interest 
Declarations of interest were submitted by Councillor Curran in relation to items
5.1 and 6.1 and he confirmed that he would recuse himself for both. Councillor
McKenzie also noted for transparency his knowledge of item 5.1 through
discussions at his surgery but he did not consider this sufficient to require him to
declare an interest. 
4. Minute of Previous Meeting 
The Minute of Meeting of 7 June 2022 was submitted was unanimously approved
as a correct record. 
5. Public Reports 
Item 5.2 heard as agreed ahead of item 5.1 
No. Report Presented by
5.2 Draft Short-Terms Let Licensing Policy -
Report  
Team Manager
Public Health and
Environmental
Protection
Outline of report and summary of discussion
The report provides details of the attached Draft Short-term Let Licensing Policy
for Midlothian Council.   It provides members with information on the new powers
which have been given to local authorities to regulate short term lets in the form of
a licensing scheme. It also sets out the timeline for the implementation of those
powers following a period of public consultation and final adoption of the Policy. 
It is recommended that the Committee:
• Note the terms of this report; and
• Consider instructing the Chief Officer Place to carry out a public
consultation on the draft Short Term Let policy as detailed in Appendix C. 
Ms Cartwright presented the report noting the legislation passed by the Scottish
Government, she noted and highlighted various aspects including 
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That short term lets must be balanced with community needs. She described the
various types of lets covered by the legislation including home sharing and short
term lets. 
From the 1st of October 2022 Midlothian Council must be ready to consider
applications of this nature. 
By 1st April 2023, anyone currently operating short term lets must have applied for
a licence under the new law. 
Certain checks will be the responsibility of the Local Authority such as the person
letting must be fit and proper, the property must also be adequate for its purpose.
Planning permission must also be sought to operate this type of let under the new
legislation. 
Additional concerns relating to Anti-Social Behaviour will also be taken into
consideration and will be monitored. 
If there are any breaches of these conditions the license can be suspended. 
Fees outlined are consistent with Scottish Government Policy and will be reviewed
annually, the policy itself will be reviewed every 3 years. 
Responding to various questions from Members Ms Cartwright answered them in
turn. 
• Costs involved in apply for a licence are non-refundable 
• Midlothian fees are slightly below average when compared to other Local
Authorities throughout Scotland 
• Humanitarian homes sharing etc. are exempt as are hotels & shops.
• Currently via internet checks on Air-BnB and other provider websites
Midlothian appears to have 152 currently active short term lets. The team
will continue to monitor short term let activity via these sites. 
• Short term lets are different from standard lets that require Landlord
Registration, a typical let of this nature is a few days to a few months and
are markedly more expensive that long term arrangements.
• Public will be able to view the register 
Moved by Councillor Cassidy 
Seconded by Councillor Bowen 
All recommendations approved Unanimously 
Decision 
Agreed to note the report and authorise the Chief Officer Place to put the draft
policy out to public consultation
Action
Environmental Health 
Councillor Curran excused himself 10.22 am and took no further part in the meeting. 
No. Report Presented by
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5.1 Taxis and Private Hire Cars, Review of Tariffs  
Report 
Legal and
Governance
Manager
Outline of report and summary of discussion
The purpose of this report is to advise Members of the outcome of the public
consultation on the proposed amendments to the maximum tariffs which may be
charged and to request the Committee to determine whether to put the new tariffs
into effect. 
The Committee is asked to determine whether to increase the amended tariff
levels for taxis and private hire cars with fitted taxi meters as detailed in Appendix
C.   
Mr Turpie spoke to the report concerning the consultation and the proposed
consideration of an increase in tariffs that were last increased in 2016. He added
that operating costs for this industry have increased considerably in the last few
years. 
There was a debate amongst Councillors whether or not during the current Cost of
Living Crisis an increase would be prudent. Members were also aware that this
industry and the other sectors of the leisure industry need to make a living. It was
also noted that Midlothian Council uses taxis for school children and in some areas
there is limited access to bus services leaving taxis and private hire cars the only
alternative. 
Mr Turpie responded to questions concerning provision within Midlothian that
registered taxi operators are down from the usual numbers of 48 to 45, there were
no figures for private hire at this time. 
Members felt the new tariff should be approved with a further review in 6 months. 
Report was moved by Councillor Smaill
Seconded by Councillor McKenzie 
Report and new tariff unanimously agreed 
Decision 
Agreed 
Action
Tariff Review Report in approximately 6 Months – Legal and Governance Manager 
Public Meeting concluded at 10.39 am 
Exclusion of Members of the Public 
In view of the nature of the business to be transacted, the Committee agreed
that the public be excluded from the meeting during discussion of the
undernoted item, as contained in the Addendum hereto, as there might be
disclosed exempt information as defined in paragraphs 3, 6 and 14 of Part I of
Schedule 7A to the Local Government (Scotland) Act 1973:- 
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Page 7

6.1    Renewal of Taxi Driver’s Licence – J Waite
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