Licensing and Registration Panel

Thursday 29 August 2002 at 3.00 pm

Present:  Councillors Calvert, McCormick, McGraw, Nimmo and Rebecchi.

Chair:  Councillor McCormick presided.

In attendance:  Mr G Douglas (for Director of Legal & Support Services) and Mr D Hall (Environmental & Consumer Services).

Apologies:  Councillors Morrison (D) and Morrison (M).

The following paragraphs are submitted for information only, having been dealt with under the powers delegated to the Panel.

614

Application for Street Trader's Licence:  Javid Rafiq - Lower Laird Street, Greenock

614

There was submitted a report dated 6 August 2002 by the Director of Legal & Support Services on an application for a street trader's licence by Mr Javid Rafiq to allow him to operate a snack van between the hours of 9.00 pm and 1.30 am on Thursdays to Sundays at premises at Lower Laird Street, Greenock.  Councillor McGhee was present and with consent spoke on the matter.

Decided:  that the application be refused.

615

Mandatory Licensing of Houses in Multiple Occupation:  Consultation Paper on Possible Changes to Exemptions

615

There was submitted a report by the Director of Legal & Support Services seeking approval to submit a response to a consultation paper issued by the Scottish Executive to be received no later than 30 August 2002 on possible changes to the types of houses in multiple occupation that might be exempt from the mandatory licensing scheme introduced in October 2000.

Decided:  that the Panel approve the response set out in the appendix to the report and that it be remitted to the Director of Legal & Support Services to submit the approved response to the Scottish Executive by 30 August 2002.

616

Mandatory Licensing of Houses in Multiple Occupation:  Review of Licensing Fees

616

There was submitted a report dated 12 August 2002 by the Director of Legal & Support Services (1) advising that at the August 2000 meeting of the Panel (para 754 refers) authority was delegated to the Director of Legal & Support Services following consultation with the Chair, his substitute and a Member of the Minority Groups to set a fee for an application for a licence for a House in Multiple Occupation (HMO) (2) setting out the current position with regard to fees and (3) making recommendations as to the proposed fees to be charged by the Council.

Following discussion, Councillor Nimmo moved that the fees as outlined in the report for applications for licence as a House in Multiple Occupation be approved.  As an amendment, Councillor Rebecchi moved that a set fee of £250 be approved for both new applications and for renewals.  On a vote 2 Members voted for the amendment and 3 for the motion which was declared carried.

Decided:

(1)   that the Panel approve the fees as detailed in the report for applications for a licence as a House in Multiple Occupation;  and

(2)   that it be confirmed that, in normal circumstances, a licence will be renewed for a period of three years.

617

The Licensing of Cinemas

617

There was submitted a report dated 23 July 2002 by the Director of Legal & Support Services advising the Panel of a proposed change in the system of classification of films for public exhibition by the British Board of Film Censors by the introduction of a new Certificate, the "Advisory 12" category and the action to be taken in this regard.

Decided:  that the Panel note the proposal from the British Board of Film Censors and that, should the proposal proceed to a conclusion, appropriate action be taken to accommodate the change under the current licence and in the granting of a new annual licence to the Waterfront Cinema due for renewal in October 2002.

618

Taxi Fares Review

618

There was submitted a report dated 13 August 2002 by the Director of Legal & Support Services advising of the results of the informal consultation process in respect of the annual Taxi Fares Review, including the response received from ABC & Central Taxis.  The Panel heard Mr Dyer on behalf of the Lower Clyde Taxi Owners' Association.

Decided:

(1)   that, for the purposes of public consultation, the Council's proposals for a review of taxi fares be as follows:-

TARIFF 1

Hirings from ranks or 'flag' hirings begun

between 6 am and midnight

Initial charge (1,253 yards or part thereof)

Subsequent charge (each additional 156 yards or part thereof)

Approximate cost for first mile

Approximate cost for each additional mile

 £1.50

10p

£1.90

£1.20

TARIFF 2

Hirings from ranks or 'flag' hirings begun

between midnight and 6 am and all pre-booked

hirings begun between 6 am and midnight

Initial charge (1,215 yards or part thereof)

Subsequent charge (each additional 152 yards or part thereof)

Approximate cost for first mile

Approximate cost for each additional mile

£1.60

10p

£2.00

£1.20

TARIFF 3

Pre-booked hirings begun between midnight and 6 am

and hirings from ranks or 'flag' hirings on 25, 26 and

31 December and 1 and 2 January

Initial charge (1,215 yards or part thereof)

Subsequent charge (each additional 135 yards or part thereof)

Approximate cost for first mile

Approximate cost for each additional mile

£1.80

10p

£2.30

£1.40

WAITING TIME

For each period of 35 seconds or part thereof

 10p

SOILING CHARGE

Charge dependent on severity up to a maximum of

£15.00

VAT

The foregoing charges are inclusive of Value Added Tax;  and

(2)   that it be remitted to the Director of Legal & Support Services to advertise these proposals in accordance with the statutory procedure and to submit a further report on the result of the advertisement.

619

Application for Taxi Licence:  Robert Marshall

619

There was submitted a report dated 24 July 2002 by the Director of Legal & Support Services advising of the use of the emergency powers procedure under Standing Order 66(a) to approve the grant of a taxi licence to Mr Robert Marshall who had omitted to make timeous application for his licence to be renewed before its expiry.

Noted

620

Application for Taxi Licence:  Thomas Harwood

620

There was submitted a report dated 30 May 2002 by the Director of Legal & Support Services advising of the use of the emergency powers procedure under Standing Order 66(a) to approve the grant of a taxi licence to Mr Thomas Harwood who had omitted to make timeous application for his licence to be renewed before its expiry.

Noted

621

Application for Late Hours Catering Licence: 14/16 Newark Street, Port Glasgow

621

There was submitted a report dated 13 August 2002 by the Director of Legal & Support Services on an application for a late hours catering licence by John McCloy to allow the operation of a hot food takeaway between the hours of 11.00 pm and 2.00 am on Thursdays to Saturdays at premises at 14/16 Newark Street, Port Glasgow.  The report advised that planning permission was required to allow these premises to open beyond 5 pm but that the applicant had not applied for such permission.

Decided:  that the application be refused.

It was agreed in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 as amended that the public and press be excluded from the meeting during consideration of the following items of business on the grounds that the business involved the likely disclosure of exempt information as defined in paragraph 6 of Part I of Schedule 7(A) of the Act.

622

Application for Taxi Licence:  Henry McAlonan

622

There was submitted a report dated 12 August 2002 by the Director of Legal & Support Services on an application for the grant of a taxi licence by Henry McAlonan to be used to make available to the public a vehicle specially adapted for use by the disabled.

Decided:  that the application for a taxi licence by Henry McAlonan be refused.

623

Application for Taxi Driver's Licence:  Graham Cromar

623

There was submitted a report dated 26 July 2002 by the Director of Legal & Support Services on an application for a taxi driver's licence by Graham Cromar following an objection by the Chief Constable that the applicant was not a fit and proper person to hold such a licence by virtue of his previous convictions.

Decided:  that the application be refused.

624

Application for Taxi Driver's Licence:  Jai Watts

624

There was submitted a report dated 5 August 2002 by the Director of Legal & Support Services on an application for a taxi driver's licence by Jai Watts following an objection by the Chief Constable that the applicant was not a fit and proper person to hold such a licence by virtue of his previous convictions.

Decided:  that the application be refused.

625

Application for Taxi Driver's Licence:  John William Morris

625

There was submitted a report dated 5 August 2002 by the Director of Legal & Support Services on an application for a taxi driver's licence by John William Morris following an objection by the Chief Constable that the applicant was not a fit and proper person to hold such a licence by virtue of his previous convictions.

Decided:  that the application be refused.

626

Application for Taxi Driver's Licence:  Andrew Galbraith

626

There was submitted a report dated 5 August 2002 by the Director of Legal & Support Services on an application for a taxi driver's licence by Andrew Galbraith following an objection by the Chief Constable that the applicant was not a fit and proper person to hold such a licence by virtue of his previous conviction.

Decided:  that the application be refused.

627

Request for Suspension of Taxi Driver's Licence:  James Laughlin

627

There was submitted a report dated 31 July 2002 by the Director of Legal & Support Services requesting that the Council consider the suspension of a taxi driver's licence held by James Laughlin on the grounds that Mr Lauglin is no longer a fit and proper person to hold a taxi driver's licence by virtue of the conduct detailed in letters dated (1) 27 May 2002 from Mrs E Brown and (2) 21 June 2002 from the Chief Constable, Strathclyde Police.

Councillor Rebecchi declared an interest in the matter and left the meeting prior to commencement of the hearing.

The Panel heard Chief Inspector McGrath, Mrs E Brown, objector, Mr Laughlin and his agent, Mr Keenan.

Decided:  that the licence held by Mr Laughlin not be suspended.