Business Operations and Partnerships Department
Council Headquarters, Eastwood Park, Rouken Glen Road,
Giffnock, East Renfrewshire G46 6UG
Phone: 0141 577 3000
Website: www.eastrenfrewshire.gov.uk
Date: 1 December 2023
When calling please ask for: Jennifer Graham (0141 577 3016) and Colin Wright (07741 999697)
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it and This e-mail address is being protected from spambots. You need JavaScript enabled to view it

TO: Councillors P Edlin (Chair); A Convery (Vice Chair); Provost M Montague; Councillors D Macdonald; and A Morrison.

LICENSING COMMITTEE
A meeting of the Licensing Committee will be held in the Council Chamber, Council
Headquarters, Eastwood Park, Giffnock, on

Tuesday 5 December at 10.00am.

A pre-meeting for Elected Members will take place in the Council Chamber at 9.30am.

The agenda of business is listed below.
Louise Pringle
L PRINGLE
DIRECTOR OF BUSINESS OPERATIONS AND PARTNERSHIPS

1. Report apologies for absence.
2. Declarations of Interest.

3. Wheelchair Accessible Vehicle Policy – Report by Chief Officer (Legal & Procurement) (copy attached, pages 3 – 4).

Resolution to Exclude Press and Public
It is recommended that the committee passes the following resolution:-
"That under Section 50A(4) of the Local Government (Scotland) Act 1973, as amended, the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 6 and 14 of Part I of Schedule 7A of the Act as appropriate".
Paragraph 6 – Information relating to the financial or business affairs of any particular person (other than the authority) – all Items.
Paragraph 14 – Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime – all items.

4. Private Hire Car Driver’s Licence – Application for Renewal – Report by Chief
Officer (Legal and Procurement) (copy attached, pages 5 – 8).

5. Private Hire Car Driver’s Licence – Application for Renewal – Report by Chief
Officer (Legal and Procurement) (copy attached, pages 9 – 12).

6. Private Hire Car Driver’s Licence – Application for Grant – Report by Chief
Officer (Legal and Procurement) (copy attached pages 13 – 16).

A recording of the public part of the meeting will be available following the meeting on the Council’s YouTube Channel

www.youtube.com/user/eastrenfrewshire/videos

This document can be explained to you in other languages and can be provided in
alternative formats such as large print and Braille. For further information, please
contact Customer First on 0141 577 3001 or e-mail

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You can read what little informtion is provided on Council webpage here -

www.eastrenfrewshire.gov.uk/licensing-committee-051223

The Licensing Committee is not one of the most transparent of Committees.

Normally The Agenda and Meeting minutes follow a standard format giving little information to allow meaningful scrutiny.


Sent: 09 December 2023 09:38
To: Mahon, Gerry < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: Geddes, Craig < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Licensing Committee Meeting 5 December 2023 minute concerning 'under reference'

Cc: Craig Geddes

Hi Gerry

Licensing Committee Meeting 5 December 2023 minute

Sorry can't make any sense of below.

Would appreciate if you can explain/clarify what below actually means. What has actually gone on here?

- What does 'under reference...' mean?

- Who made reference?

- Why did reference have to be made?

- (Agenda Item 3 refers). - What is the reference to Agenda Item 3 ?

Agenda Item 3 would appear to be ?

3. Wheelchair Accessible Vehicle Policy – Report by Chief Officer (Legal & Procurement) (copy attached, pages 3 – 4).

- Why no mention/explanation in Agenda to indicate what is going on.

'PRIVATE HIRE CAR DRIVER’S LICENCE – APPLICATION FOR RENEWAL
679. Under reference to the Minute of the meeting of 7 November 2023 (Page 671, Item 659 refers), when it was agreed that the application for renewal of a Private Car Hire Operator’s Licence be refused, the committee considered a report by the Chief Officer – Legal and Procurement in relation to an application for the renewal of a Private Hire Car Driver’s Licence (Agenda Item 3 refers).'

As yet I have had no response to FOI requests for 7 November and 5 December Meetings to enable me to try and make sense of this.

7 November 2023 Meeting agenda/minute

3. Civic Government (Scotland) Act 1982 – McDonald’s Restaurant, Bowerwalls Place, Barrhead, Glasgow G78 1BF – Application for Late Hours Catering Licence – Report by Chief Officer (Legal & Procurement) (copy attached, pages 3-18).

4. Private Hire Driver’s Licence and Private Hire Car Operator’s Licence – Request for Consideration of Immediate Suspension – Report by Chief Officer (Legal and Procurement) (copy attached, pages 19-24).

5. Private Hire Car Operator Licence – Application for Renewal – Report by Chief Officer (Legal and Procurement) (copy attached, pages 25-27).

PRIVATE HIRE CAR OPERATOR’S LICENCE – APPLICATION FOR RENEWAL
659. The Committee considered a report by the Chief Officer (Legal and Procurement) in relation to an application for the renewal of a Private Hire Car Operator’s Licence (agenda item 5 refers).
The licensee was present.
Chief Inspector Gallie and Sergeant Campbell, representing the Chief Constable, who had made an out of time objection to the application, were also present.
The report explained that in determining the application it would be for the Committee to decide if it wished to consider the out of time objection submitted by the Chief Constable and, if so, what weight it wished to attach to the objection and its relevance to the type of licence being
applied for. Having heard the applicant agree that the out of time objection could be considered, the Committee agreed to consider the out of time objection and copies were circulated. Sergeant Campbell was heard in respect of the objection submitted by the Chief Constable.
The applicant was then heard in respect of the application for renewal.
The Committee agreed to a short adjournment to consider the matter.
On reconvening, the Committee, having taken account of the submission made by the licensee, his previous conviction, its seriousness and relevance to the licence being applied for, and also having taken account of the objection by the Chief Constable, agreed that the application for renewal be refused on the grounds that the licensee was no longer a fit and proper person to be the holder of such a licence by virtue of his previous conviction


5 December 2023 agenda/minute

3. Wheelchair Accessible Vehicle Policy – Report by Chief Officer (Legal & Procurement) (copy attached, pages 3 – 4).

4. Private Hire Car Driver’s Licence – Application for Renewal – Report by Chief
Officer (Legal and Procurement) (copy attached, pages 5 – 8).

5. Private Hire Car Driver’s Licence – Application for Renewal – Report by Chief
Officer (Legal and Procurement) (copy attached, pages 9 – 12).

6. Private Hire Car Driver’s Licence – Application for Grant – Report by Chief
Officer (Legal and Procurement) (copy attached pages 13 – 16).

PRIVATE HIRE CAR DRIVER’S LICENCE – APPLICATION FOR RENEWAL
679. Under reference to the Minute of the meeting of 7 November 2023 (Page 671, Item 659 refers), when it was agreed that the application for renewal of a Private Car Hire Operator’s Licence be refused, the committee considered a report by the Chief Officer – Legal and Procurement in relation to an application for the renewal of a Private Hire Car Driver’s
Licence (Agenda Item 3 refers).
The licensee, having been invited to the meeting, was not present.
Chief Inspector Gallie and Sergeant Campbell, representing the Chief Constable, who had made an objection in respect of the application, were present.
The report explained that in determining the application it would be for the committee to decide what weight it wished to attach to the objection by the Chief Constable.
Sergeant Campbell was heard in respect of the objection by the Chief Constable and inresponse to questions from Members.
695
The committee, having taken account of the licensee’s previous conviction, its seriousness and relevance to the licence being applied for, and also having taken account of the objection by the Chief Constable, agreed that the application be refused on the grounds that the licenseewas no longer a fit and proper person to be the holder of such a licence by virtue of his previous conviction.

Your help will be appreciated.

Thanks


------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: "Geddes, Craig" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Tuesday, 12 Dec, 2023 At 20:34
Subject: Re: Licensing Committee Meeting 5 December 2023 minute concerning 'under reference'

The minutes are not produced by my service but as I was present at the meeting I can explain the content.

"Under reference" is a reflection of the fact that the committee was advised by me as Clerk that the application being considered was the 2nd of two applications relating to the same applicant which had come before the committee and that the police objection to the latter was in identical terms to the first.

The previous application was for the applicant's private hire car (operator's) licence and was determined by the committee in November as Item 3 on that agenda.

The December meeting was considering his private hire driver's licence (Item 5 on that agenda).

Normally, both objections would have been received from the police at the same time and both applications would have gone before the same committee but as a matter of fact the police objection for the driver's licence was not received in time for the November meeting.

The reference to Agenda Item 3 is therefore a reference to the Operator's licence application on the November agenda.

The start of the paragraph reflects that its content is with reference to the minute of the 7 November meeting.

I hope this helps

Regards
Gerry


Sent: 13 December 2023 09:11
To: Mahon, Gerry < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: Geddes, Craig < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Re: Licensing Committee Meeting 5 December 2023 minute concerning 'under reference'
Hi Gerry

Thanks for this but as you are aware I do not ask for or expect responses outwith normal working hours.

I am still a bit confused.

As far as I can see from Council webpage Agenda Item 3 for the 7 November 2023 meeting was

3. Civic Government (Scotland) Act 1982 – McDonald’s Restaurant, Bowerwalls Place, Barrhead, Glasgow G78 1BF – Application for Late Hours Catering Licence – Report by Chief Officer (Legal & Procurement) (copy attached, pages 3-18).

www.eastrenfrewshire.gov.uk/licensing-committee-071123

Sorry, but what am I reading/missing when you mention November agenda Item 3 below?

'...The reference to Agenda Item 3 is therefore a reference to the Operator's licence application on the November agenda.'

'...and was determined by the committee in November as Item 3 on that agenda.'

Should the Agenda for 5 December 2023 not explain/make clear what you say below?

Thanks

------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Wednesday, 13 Dec, 2023 At 09:51
Subject: Re: Licensing Committee Meeting 5 December 2023 minute concerning 'under reference'

I take your point... - I'll check with the person who drafted the minute - it may be that the reference to 3 is in error and should read 5 but I'll double check with her.

Gerry

------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Wednesday, 13 Dec, 2023 At 10:31
Subject:

having checked back on the paperwork the matters concerning the same applicant were item5 on the Nov agenda and item 4 on the December agenda.

I've not yet been able to speak to the minute taker to ascertain her intention but given the way in which she has referenced other items in the December agenda I am comfortable that the reference to Item 3 in the Dec minute is a typographical error and should read 4.

Many thanks for bringing this to my attention.

Regards
Gerry

Sent: 13 December 2023 11:19
To: Mahon, Gerry < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: Geddes, Craig < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Re: Re: Licensing Committee Meeting 5 December 2023 minute concerning 'under reference'

Hi Gerry

Will the minute be corrected at Full Council Meeting today when Minute Volume is presented for approval as correct record....

4. Submit for approval as a correct record the Minutes of Meetings for the period 26 October to 12 December 2023.

Thanks

------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Wednesday, 13 Dec, 2023 At 12:02
Subject: Re: Re: Licensing Committee Meeting 5 December 2023 minute concerning 'under reference'

It will...

Gerry