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LICENSING COMMITTEE At a Meeting of the Licensing Committee held in Committee Room 3, Council Offices, Garshake Road, Dumbarton on Wednesday, 8 October 2014 at 10.05 a.m. Present: Councillors Lawrence O’Neill and John Mooney. Attending: Nigel Ettles, Principal Solicitor; Tony Cairns, Team Leader, Trading Standards; Robert Mackie, Senior Officer (Licensing Services); and Scott Kelly, Committee Officer, Legal, Democratic and Regulatory Services. Apologies: Apologies for absence were intimated on behalf of Provost McAllister and Councillors Jim Finn, Hazel Sorrell and Tommy Rainey. Councillor Lawrence O’Neill in the 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 13 August 2014 were submitted and approved as a correct record. VARIATION IN ORDER OF BUSINESS Having heard the Chair, Councillor O’Neill, the Committee agreed to vary the order of business as hereinafter minuted. APPLICATION FOR GRANT OF LATE HOURS CATERING LICENCE Name and Address of Applicant Date Applied Mrs Linda Cunningham 8 May 2014 103 Yokermill Road Knightswood Glasgow, G13 4HL Page 1 of 24

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LICENSING COMMITTEE At a Meeting of the Licensing Committee held in Committee Room 3, Council Offices, Garshake Road, Dumbarton on Wednesday, 8 October 2014 at 10.05 a.m. Present: Councillors Lawrence O’Neill and John Mooney. Attending: Nigel Ettles, Principal Solicitor; Tony Cairns, Team Leader, Trading

Standards; Robert Mackie, Senior Officer (Licensing Services); and Scott Kelly, Committee Officer, Legal, Democratic and Regulatory Services.

Apologies: Apologies for absence were intimated on behalf of Provost McAllister

and Councillors Jim Finn, Hazel Sorrell and Tommy Rainey.

Councillor Lawrence O’Neill in the 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 13 August 2014 were submitted and approved as a correct record.

VARIATION IN ORDER OF BUSINESS Having heard the Chair, Councillor O’Neill, the Committee agreed to vary the order of business as hereinafter minuted.

APPLICATION FOR GRANT OF LATE HOURS CATERING LICENCE

Name and Address of Applicant Date Applied Mrs Linda Cunningham 8 May 2014 103 Yokermill Road Knightswood Glasgow, G13 4HL

Page 1 of 24

A report was submitted by the Head of Legal, Democratic and Regulatory Services concerning an application for grant of a Late Hours Catering Licence by the above named person. Having heard the Principal Solicitor, it was noted:- (a) that Police Scotland had confirmed that they had no objection to the

application; and (b) that the hours of the Late Hours Catering Licence would co-relate with those

of the nearby Club Mango nightclub. It was noted that the applicant, Mrs Cunningham, and the applicant’s representative, a Ms Mason, were in attendance and both were heard in support of the application. Having heard the Senior Officer (Licensing Services) in answer to a Member’s question, it was confirmed that the hours of the Late Hours Catering Licence would be from 11.00 p.m. until 3.30 a.m. on Fridays, Saturdays and Sundays. DECIDED: That the application be granted. APPLICATIONS FOR GRANT OF TAXI/PRIVATE HIRE CAR DRIVER’S LICENCE (a) Name and Address of Applicant Date Applied Mr David Ross Campbell 22 May 2014 Flat 2/1 6 Hanson Park Glasgow, G31 2HJ

With reference to the Minutes of Meeting of the Licensing Committee held on 13 August 2014 (Page XXX refers) a report was submitted by the Head of Legal, Democratic and Regulatory Services concerning an application for grant of a Taxi/Private Hire Car Driver’s Licence by the above named person. Having heard the Principal Solicitor in further explanation of the report, it was noted:- (a) that a letter had been received from the Chief Superintendent of the

Police authority making a representation in respect of the application; (b) that at the meeting on 13 August 2014, it was agreed to continue the

matter to the next meeting; (c) that in view of the representation which had been received from the

Police, the applicant and a representative of the Police authority had been invited to attend the meeting in order that a hearing may take place; and

Page 2 of 24

(d) that copies of the letter from the Police authority containing the representation had been issued to Members of the Committee in advance of the meeting.

It was noted that the applicant was not in attendance and that a representative of the Police authority, Sergeant Quinn, was in attendance. The Committee heard Sergeant Quinn in relation to the Police authority’s representation. Having heard the Principal Solicitor and the Senior Officer (Licensing Services) in answer to Members’ questions, the Committee agreed that the application be granted. DECIDED: That the application be granted.

(b) Name and Address of Applicant Date Applied Mr John MacDonald 29 August 2014 Flat 1/1 40 Whitecrook Street Clydebank, G81 1QR

A report was submitted by the Head of Legal, Democratic and Regulatory Services concerning an application for grant of a Taxi/Private Hire Car Driver’s Licence by the above named person. Having heard the Principal Solicitor in further explanation of the report, it was noted:- (a) that a letter had been received from the Chief Superintendent of the

Police authority making a representation in respect of the application; (b) that in view of the representation which had been received from the

Police, the applicant and a representative of the Police authority had been invited to attend the meeting in order that a hearing may take place;

(c) that copies of the letter from the Police authority containing the

representation had been issued to Members of the Committee in advance of the meeting;

(d) that a previous application by Mr MacDonald for renewal of a

Taxi/Private Hire Car Driver’s Licence had been refused by the Committee at its meeting on 28 August 2013; and

(e) that Mr MacDonald had submitted an appeal against the Licensing

Committee’s decision to the sheriff court but that the appeal had not yet been heard.

Page 3 of 24

It was noted that the applicant, the applicant’s representative, Mr Boyle, and a representative of the Police authority, Sergeant Quinn, were in attendance. The Committee heard Sergeant Quinn in relation to the representation submitted by the Police authority. Mr Boyle, the applicant’s representative, was then given the opportunity to address the Committee in support of the application and in connection with the matters detailed in the Police letter. He was then heard in answer to Members’ questions. DECIDED: That the application be granted, subject to: (1) the applicant undergoing the relevant customer care training within a

period of six months; and

(2) the first application for renewal of the licence being submitted to the Committee for consideration and determination.

APPLICATION FOR GRANT OF TEMPORARY TAXI DRIVER’S LICENCE Name and Address of Applicant Date Applied Mr Ross McKinney 11 September 2014 168 Strathleven Drive Bonhill Alexandria, G83 9PH A report was submitted by the Head of Legal, Democratic and Regulatory Services concerning an application for grant of a Temporary Taxi Driver’s Licence by the above named person. Having heard the Principal Solicitor in further explanation of the report, it was noted:-

(a) that a letter had been received from the Chief Superintendent of the Police

authority making a representation in respect of the application;

(b) that in view of the representation which had been received from the Police, the applicant and a representative of the Police authority had been invited to attend the meeting in order that a hearing may take place; and

(c) that copies of the letter from the Police authority containing the representation had been issued to Members of the Committee in advance of the meeting.

It was noted that the applicant, the applicant’s representative, Mr Wishart, and a representative of the Police authority, Sergeant Quinn, were in attendance.

Page 4 of 24

The Committee heard Sergeant Quinn in relation to the representation submitted by the Police authority.

Mr Wishart, the applicant’s representative was then given the opportunity to address the Committee in support of the application. He was then heard in answer to a Member’s question. DECIDED: That the application be granted.

APPLICATION FOR GRANT OF A TAXI/PRIVATE HIRE CAR BOOKING OFFICE LICENCE

Name and Address of Applicant Date Applied Mr David Hamilton 29 July 2014 192 Duntocher Road Parkhall Clydebank, G81 3NG A report was submitted by the Head of Legal, Democratic and Regulatory Services concerning an application for grant of a Taxi/Private Hire Car Booking Office Licence by the above named person. Having heard the Principal Solicitor in further explanation of the report, it was noted:- (a) that Police Scotland had confirmed that they had no objection or

representation to make in respect of the application;

(b) that a letter of objection to the application had been received from Clydebank & District TOARS Limited and a further 27 letters of objection had been received from taxi drivers licensed by West Dunbartonshire Council;

(c) that the copies of the aforementioned letters of objection had been issued to

Members of the Committee in advance of the meeting; and (d) that in view of the letters of objection which had been received, the applicant

and the objectors had been invited to attend the meeting.

Mr McEntegart, a representative for Clydebank & District TOARS Limited, was invited to address the Committee in respect of his client’s objection to the application. Mr McEntegart produced photographs of the proposed booking office premises and these were circulated to the members of the Committee. Thereafter, Mr Reynolds and Mr Ashton, taxi drivers licensed by West Dunbartonshire Council who had submitted letters of objection to the application, were invited to address the Committee in respect of their objections. The Senior Officer (Licensing Services) was then heard in answer to Members’ questions.

Page 5 of 24

Thereafter, Mr David Hamilton, applicant, was invited to speak to the Committee in support of his application and he was heard in answer to Members’ questions. The Principal Solicitor was also heard in answer to a Member’s question. DECIDED: That the application be continued to the next meeting of the Committee

in order that further information could be obtained in relation to the neighbouring properties and land surrounding the premises of the proposed booking office and in order that further information could be obtained from the Council’s Roads and Operations Unit.

EXCLUSION OF PRESS AND PUBLIC

In view of the terms of the Enterprise Act 2002, the Committee agreed to pass the following resolution:-

“That under Section 50A(2) 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 if members of the press and public were present during consideration of that item it is likely that confidential information would be disclosed to them in breach of the obligation of confidence”.

APPLICATION FOR RENEWAL OF SECOND HAND MOTOR VEHICLE DEALER’S LICENCE

Name and Address of Applicant Date Applied Lomond Auto Centre Ltd 13 August 2014 71 North Street Alexandria, G63 0EA A report was submitted by the Head of Legal, Democratic and Regulatory Services concerning an application for renewal of a Second Hand Motor Vehicle Dealer’s licence by the above named business. It was noted that a representative of the applicant had been invited to attend the meeting but was not in attendance. The Team Leader, Trading Standards, was heard in explanation of the report and in answer to a Members’ questions. It was noted that his memorandum of 9 September 2014 in relation to application had been issued to Members of the Committee in advance of the meeting. DECIDED: That the application be granted and the duration of the licence be three

years. The meeting closed at 11.15 a.m.

Page 6 of 24

WEST DUNBARTONSHIRE COUNCIL

Report by the Head of Legal, Democratic and Regulatory Services

Licensing Committee – 3 December 2014

Subject: Application for grant of a Taxi/Private Hire Car Booking Office Licence

1. Purpose

1.1 To consider an application for grant of a Taxi/Private Hire Car Booking Office Licence submitted by Mr. David Hamilton, 192 Duntocher Road, Parkhall, Clydebank, G81 3NG.

2. Recommendations

2.1 It is recommended that the application be considered and determined by the Committee.

3. Background

3.1 Mr. Hamilton submitted an application for grant of a Taxi/Private Hire Car Booking Office Licence to the Council on 29 July 2014. On submission of his application Mr. Hamilton indicated that the proposed booking office, to be located at 193/1 Dumbarton Road, Clydebank, would be used in connection with private hire cars.

3.2 An email was received from the Chief Superintendent of the Police authority on 30 July 2014 advising that the Chief Constable has no objection or representation to make in relation to the application.

3.3 A letter was received on 19 August 2014 from Clydebank & District TOARS Ltd., 32 Cable Depot Road, Clydebank, objecting to the grant of the Taxi/Private Hire Car Booking Office Licence application submitted by Mr. Hamilton.

3.4 A further 27 letters were submitted by taxi drivers licensed by West Dunbartonshire Council on 19 August 2014 objecting to the grant of the Taxi/Private Hire Car Booking Office Licence application submitted by Mr. Hamilton. All the letters were in an identical format.

3.5 At the meeting on 8 October 2014, it was agreed that consideration of the application be continued to the next meeting of the Committee in order that the Roads and Operations Unit be consulted with regards to the suitability of the premises. Members also required confirmation that Mr. Hamilton had acquired permission from the proprietor of the adjacent property to allow the off road parking of vehicles in the area under their control within the yard.

4. Main Issues

Page 7 of 24

4.1 In view of the objections which have been received, the applicant, a representative of Clydebank & District TOARS Ltd. and each of the 27 taxi drivers who submitted a letter of objection have been invited to attend the meeting of the Committee to be held on 3 December 2014.

4.2 The full terms of the letters from Clydebank & District TOARS Ltd. and the 27 taxi drivers will be made known to the Committee at the meeting as appropriate.

4.3 Any potential grounds of refusal must relate to the premises, not the fitness of the applicant.

4.4 Paragraph 5(3)(c) of Schedule 1 to the Civic Government (Scotland) Act 1982 states that a licensing authority shall refuse an application to grant or renew a licence if in their opinion, where the licence applied for relates to an activity consisting of or including the use of premises, those premises are not suitable or convenient for the conduct of the activity having regard to-

i) the location, character or condition of the premises; ii) the nature and extent of the activity;iii) the kind of persons likely to be in the premises;iv) the possibility of undue public nuisance; orv) public order or public safety

4.5 Paragraph 5(3)(d) of that Schedule states that a licensing authority shall refuse an application to grant or renew a licence if in their opinion there is other good reason for refusing the application.

4.6 Prior to taxi/private hire car booking office premises requiring to be licensed, a taxi booking office operated from premises bearing the address 193a Dumbarton Road which is a separate building from the one to which this application relates.

4.7 The land from which Mr. Hamilton intends to operate his Taxi/Private Hire Car Booking Office is owned by Antonine Property Developments Group Ltd.. They in turn lease the property within the complex to businesses. Both the proprietor of the adjacent property whom Mr Hamilton has acquired parking permission from and, in the event of the grant of the booking office licence, Mr. Hamilton, will lease the premises from Antonine Property Developments Group Ltd..

4.8 On 24 October 2014, a site visit took place at the premises with Robert Mackie Senior Officer (Licensing Services), Lawrence Knighton (Licensing Standards Officer) and Raymond Walsh (Network Management Co-ordinator (Roads)) in attendance. Mr. Walsh subsequently requested that Mr. Hamilton provide a plan of the yard detailing the access and egress along with details of the off road parking arrangements. Finalised plans were subsequently provided by Mr. Hamilton on 17 November and passed to Mr. Walsh for comment.

4.9 Having viewed the plans submitted by Mr. Hamilton, Mr. Walsh submitted an email on 18 November advising that the Roads and Operations Unit had no

Page 8 of 24

issues regarding the suitability of the premises operating as a Taxi/Provate Hire Car Booking Office. Mr. Walsh has been invited to the Committee in order to provide Members with information on the suitabilty of the premises from a Roads perspective if required.

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 The following were consulted in relation to this application:-

Police Scotland; Scottish Fire and Rescue Service; West Dunbartonshire Council - Planning & Building Services; West Dunbartonshire Council – Environmental Health Commercial Team. West Dunbartonshire Council - Roads Operations Unit.

10. Strategic Assessment

10.1 In terms of the Council's Strategic Priorities, the purpose of licensing is to protect the welfare of the community, including vulnerable people.

Peter Hessett Head of Legal, Democratic and Regulatory Services

Date 11/11/14

Person to Contact: Robert Mackie, Senior Officer (Licensing Services), Licensing Team, Rosebery Place, Clydebank, G81 1TG.

Page 9 of 24

Tel. No. (Direct line) 01389 [email protected]

Appendices: Proposed Site Plan of 193 Dumbarton Road.

Background Papers:

1. Application for grant of a Taxi /Private Hire Car Booking Office Licence from Mr.David Hamilton, 192 Duntocher Road, Parkhall, Clydebank, G81 3NG.

2. Letters dated 14 August 2014 from the 27 Clydebank Taxi Drivers.

3. Letter dated 18 August 2014 from Clydebank & District TOARS Ltd.

4. Letter to Mr. Hamilton dated 1 September 2014.

5. Letter to Clydebank & District TOARS Ltd. dated 22 September 2014.

6. Letter to 27 Clydebank Taxi Drivers dated 22 September 2014.

7. Letter to Mr. Hamilton dated 22 September 2014.

8. Letter to Mr. Hamilton dated 17 November 2014.

9. Email from Raymond Walsh dated 18 November 2014.

10. Letter to Clydebank & District TOARS Ltd. Dated 18 November 2014.

11. Letter to 27 Clydebank Taxi Drivers dated 18 November 2014.

12. Letter to Mr Raymond Walsh dated 18 November 2014.

Wards Affected: N/A.

Page 10 of 24

staff parking

lp

pavement

6000

2400

4800

1000

Former taxi

office

Existing

access

to be

retained

D u m b a r t o n R o a d

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PARKING

Taxi control office will have maximum 3

staff members in building at any one time.

Customers do not visit the premises.

Drivers do not require to visit premises - all

financial transactions electronically

storesoffice

office office office

corridor

wc

wc

kitchen

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existing vehicle

repair unit

NO PARKING in front of building

to

tu

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7

6

0

0

a

p

p

ro

x

.

taxi office

spare parking

if required

bollards at 1.8m crs if required

5

0

0

0

2

5

0

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2500

1000

50

00

Location Plan Scale 1:1250 @ A3

Existing Block Plan Scale 1:500 @ A3

Proposed Site Plan Scale 1:200 @ A3

D

U

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B

A

R

T

O

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A

D

D U M B A R T O N R O A D

Job No:

Project:

Dwg & Rev

193 Dumbarton Road

Clydebank

G81

Scale:

This drawing must not be scaled, only written dimensions to be respected - Where applicable,

all dimensions are to be checked on site - This drawing must be read in conjunction with the

contract specification and all other architects / engineers; layouts, schedules and details

Rev: Description: Date:

A Front parking spaces removed 12Nov14

B Existing garage parking 17Nov14

C Bollards & parking added 17Nov14

Page 11 of 24

WEST DUNBARTONSHIRE COUNCIL

Report by the Head of Legal, Democratic and Regulatory Services

Licensing Committee – 3 December 2014

Subject: Application for grant of a temporary Taxi Driver's Licence

1. Purpose

1.1 To consider an application for grant of a temporary Taxi Driver's Licence submitted by Mrs. Fiona Sweeney, 48 Cherry Crescent, Clydebank, G81 3JA.

2. Recommendations

2.1 It is recommended that the application be considered and determined by the Committee.

3. Background

3.1 Mrs. Sweeney submitted an application for grant of a temporary Taxi Driver's Licence to the Council on 24 October 2014.

3.2 A letter was received from the Chief Superintendent of the Police authority on 29 October 2014 advising that the Chief Constable has an objection to make in relation to the application.

4. Main Issues

4.1 In view of the objection that has been received from the Police, the applicant and a representative of the Police authority have been invited to attend the meeting of the Committee to be held on 3 December 2014.

4.2 The terms of the letter from the Police will be made known to the Committee at the meeting as appropriate.

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.

Page 12 of 24

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 protect the welfare of the community, including vulnerable people.

Head of Legal, Democratic and Regulatory Services

Date 31/10/14

Person to Contact: Robert Mackie, Senior Officer (Licensing Services), Licensing Team, Rosebery Place, Clydebank, G81 1TG.

Tel. No. (Direct line) 01389 [email protected]

Appendices: N/A.

Background Papers:

1. Application for grant of temporary Taxi Driver's Licence from Mrs. FionaSweeney, 48 Cherry Crescent, Clydebank, G81 3JA.

2. Letter dated 29 October 2014 from the Chief Superintendent, Police Scotland, 'L' Divisional Headquarters, Stirling Road, Dumbarton.

3. Letter to Mrs. Sweeney dated 31 October 2014.

4. Letter to Mrs. Sweeney dated 17 November 2014.

5. Letter to the Chief Superintendent dated 17 November 2014.

Wards Affected: N/A.

Page 13 of 24

WEST DUNBARTONSHIRE COUNCIL

Report by the Head of Legal, Democratic and Regulatory Services

Licensing Committee – 3 December 2014

Subject: Application for grant of a temporary Taxi/Private Hire Car Driver's Licence

1. Purpose

1.1 To consider an application for grant of a temporary Taxi/Private Hire Car Driver's Licence submitted by Mr. Paul Walker, 25 Smith Crescent, Balloch, G83 8BL.

2. Recommendations

2.1 It is recommended that the application be considered and determined by the Committee.

3. Background

3.1 Mr. Walker submitted an application for grant of a temporary Taxi/Private Hire Car Driver's Licence to the Council on 15 September 2014.

3.2 A letter was received from the Chief Superintendent of the Police authority on 22 September 2014 advising that the Chief Constable has an objection to make in relation to the application.

4. Main Issues

4.1 In view of the objection that has been received from the Police, the applicant and a representative of the Police authority have been invited to attend the meeting of the Committee to be held on 3 December 2014.

4.2 The terms of the letter from the Police will be made known to the Committee at the meeting as appropriate.

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

Page 14 of 24

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 protect the welfare of the community, including vulnerable people.

Head of Legal, Democratic and Regulatory Services

Date 29/10/2014 Person to Contact: Robert Mackie,

Senior Officer (Licensing Services), Licensing Team, Rosebery Place, Clydebank, G81 1TG.

Tel. No. (Direct line) 01389 [email protected]

Appendices: N/A.

Background Papers:

1. Application for grant of temporary Taxi /Private Hire Car Driver's Licence fromMr. Paul Walker, 25 Smith Crescent, Balloch, G83 8BL.

2. Letter dated 17 September 2014 from the Chief Superintendent, PoliceScotland, 'L' Divisional Headquarters, Stirling Road, Dumbarton.

3. Letter to Mr. Walker dated 22 September 2014.

4. Letter to Mr. Walker dated 17 November 2014.

5. Letter to the Chief Superintendent dated 17 November 2014.

Wards Affected: N/A

Page 15 of 24

WEST DUNBARTONSHIRE COUNCIL

Report by the Head of Legal, Democratic and Regulatory Services

Licensing Committee – 3 December 2014

Subject: Application for renewal of a Taxi/Private Hire Car Driver's Licence

1. Purpose

1.1 To consider an application for renewal of a Taxi/Private Hire Car Driver's Licence submitted by Mr. Stuart McGill, 91/5 Onslow Road, Drumry, Clydebank, G81 2PP.

2. Recommendations

2.1 It is recommended that the application be considered and determined by the Committee.

3. Background

3.1 Mr. McGill submitted an application for renewal of a Taxi/Private Hire Car Driver's Licence to the Council on 31 October 2014.

3.2 A letter was received from the Chief Superintendent of the Police authority on 3 November 2014 advising that the Chief Constable has a representation to make in relation to the application.

3.3 Furthermore when Mr. McGill applied for grant of a taxi driver's licence last year, a representation was made by the Chief Superintendent of the Police authority in relation to the application. After a hearing at the meeting of the Committee on 23 October 2013, it was agreed that the application be granted for a period of one year and that Mr. McGill's first application for renewal be referred to a meeting of the Committee for consideration and that the applicant be invited to attend.

4. Main Issues

4.1 In view of the representation that has been received from the Police and the decision of the Committee in October 2013, the applicant and a representative of the Police authority have been invited to attend the meeting of the Committee to be held on 3 December 2014.

4.2 The terms of the letter from the Police will be made known to the Committee at the meeting as appropriate.

5. People Implications

5.1 There are no personnel issues.

Page 16 of 24

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 protect the welfare of the community, including vulnerable people.

Head of Legal, Democratic and Regulatory Services

Date 04/11/2014 Person to Contact: Robert Mackie,

Senior Officer (Licensing Services), Licensing Team, Rosebery Place, Clydebank, G81 1TG.

Tel. No. (Direct line) 01389 [email protected]

Appendices: N/A.

Background Papers:

1. Application for renewal of a Taxi /Private Hire Car Driver's Licence from Mr.Stuart McGill, 91/5 Onslow Road, Drumry, Clydebank, G81 2PP.

2. Letter dated 3 November 2014 from the Chief Superintendent, Police Scotland,

Page 17 of 24

'L' Divisional Headquarters, Stirling Road, Dumbarton.

3. Letter to Mr. McGill dated 4 November 2014.

4. Letter to Mr. Walker dated 17 November 2014.

5. Letter to the Chief Superintendent dated 17 November 2014.

Wards Affected: N/A

Page 18 of 24

WEST DUNBARTONSHIRE COUNCIL

Report by the Head of Legal, Democratic and Regulatory Services

Licensing Committee – 3 December 2014

Subject: Hearing regarding possible suspension of a Taxi Driver's/Private Hire Car Driver's Licence

1. Purpose

1.1 To consider a request from the Chief Constable of Police Scotland for the suspension of a Taxi Driver's/Private Hire Car Driver's Licence held by Mr. Alan McDade, Flat 2/1 2 Trafalgar Street, Clydebank G81 4EB.

2. Recommendations

2.1 The Committee are asked to consider the terms of this report, the terms of the letter from the Chief Constable and any evidence presented at the hearing and thereafter determine whether the licence should be suspended and, if so, the duration of the suspension and date of commencement thereof.

3. Background

3.1 On 20 October 2014, a letter was received from the Chief Constable of Police Scotland requesting the suspension of the Taxi Driver's/Private Hire Car Driver's Licence held by Mr. Alan McDade under Paragraph 11(2)(a) of Schedule 1 to the Civic Government (Scotland) Act 1982 on the grounds that the licence holder was no longer a fit and proper person to be the holder of a Taxi Driver's/Private Hire Car Driver's Licence.

3.2 Mr McDade's current Taxi Driver’s/Private Hire Car Driver’s Licence expires on 17 February 2015.

4. Main Issues

4.1 A licensing authority may order the suspension of a licence if, in its opinion, the holder of the licence is not, or is no longer, a fit and proper person to hold the licence.

4.2 The period of suspension of a licence is the unexpired portion of the duration of the licence, or such shorter period as the licensing authority may fix.

4.3 Where a licensing authority decides to order the suspension of a licence, the suspension generally does not take effect until the expiry of the time within which the holder of the licence may appeal against the suspension (28 days from the date of the decision to suspend) or, if an appeal has been lodged, until the appeal has been abandoned or determined in favour of the suspension. However, if the licensing authority determines that the circumstances of the

Page 19 of 24

case justify immediate suspension, it may order that the licence be suspended immediately.

4.4 A licensing authority must, before deciding to suspend a licence, give the holder of the licence and the Chief Constable an opportunity of being heard.

4.5 The licence holder and a representative of the Police authority have been invited to attend the meeting of the Committee on 3 December 2014 in order that a hearing may take place with regard to the possible suspension of the licence.

4.6 In considering whether to suspend a licence the licensing authority may have regard to any misconduct on the part of the licence holder which in the opinion of the authority has a bearing on his fitness to hold a licence.

4.7 The matters which the Committee will require to consider in relation to paragraph 4.1 above are as follows:-

(a) Whether the alleged misconduct has been established.

(b) If the Committee is satisfied that the alleged misconduct has been established, whether, having regard to the misconduct, Mr McDade is no longer a fit and proper person to hold a taxi driver's licence.

(c) If the Committee is of the opinion that Mr McDade is no longer a fit and proper person, the Committee must consider whether his licence should be suspended.

(d) If the Committee is satisfied that the licence should be suspended, the Committee must give Mr McDade an opportunity of being heard on the length of the suspension and the date from which the suspension should commence.

(e) The Committee must then consider what length of suspension is appropriate and whether the circumstances of the case justify immediate suspension.

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.

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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 required in relation to this request for suspension from Police Scotland.

10. Strategic Assessment

10.1 In terms of the Council's Strategic Priorities, the purpose of licensing is to protect the welfare of the community, including vulnerable people.

Head of Legal, Democratic and Regulatory Services

Date 29/10/2014 Person to Contact: Robert Mackie,

Senior Officer (Licensing Services), Licensing Team, Rosebery Place, Clydebank, G81 1TG.

Tel. No. (Direct line) 01389 [email protected]

Appendices: N/A.

Background Papers:

1. Letter dated 9 October 2014 from the Chief Constable, Police Scotland.

2. Letter to Mr. McDade dated 20 October 2014.

3. Letter to Mr. McDade dated 17 November 2014.

4 Letter to the Chief Constable, Police Scotland dated 17 November 2014.

Wards Affected: N/A.

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WEST DUNBARTONSHIRE COUNCIL

Report by the Head of Legal, Democratic and Regulatory Services

Licensing Committee – 3 December 2014

Subject: Application for grant of a Window Cleaner's Licence

1. Purpose

1.1 To consider an application for grant of a Window Cleaner's Licence submitted by Mr. Andrew Birch, 115 Shafton Road, Knightswood, Glasgow, G13 2NL.

2. Recommendations

2.1 It is recommended that the application be considered and determined by the Committee.

3. Background

3.1 Mr. Birch submitted an application for grant of a Window Cleaner's Licence to the Council on 26 September 2014.

3.2 A letter was received from the Chief Superintendent of the Police authority on 20 October 2014 advising that the Chief Constable has an objection to make in relation to the application.

3.3 A further letter was received from the Chief Superintendent of the Police authority on 20 October 2014 providing information on the applicants spent convictions.

4. Main Issues

4.1 In view of the objection that has been received from the Police, the applicant and a representative of the Police authority have been invited to attend the meeting of the Committee to be held on 3 December 2014.

4.2 The terms of the letters from the Police will be made known to the Committee at the meeting as appropriate.

4.3 It will also be a matter for the Committee to decide whether the applicant’s spent convictions should be disclosed and taken into consideration. It should be noted that spent convictions cannot be considered unless there is no other way of doing justice.

5. People Implications

5.1 There are no personnel issues.

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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 protect the welfare of the community, including vulnerable people.

Head of Legal, Democratic and Regulatory Services

Date 29/10/14

Person to Contact: Robert Mackie, Senior Officer (Licensing Services), Licensing Team, Rosebery Place, Clydebank, G81 1TG.

Tel. No. (Direct line) 01389 [email protected]

Appendices: N/A.

Background Papers:

1. Application for grant of Window Cleaner's Licence from Mr. Andrew Birch, 115Shafton Road, Knightswood, Glasgow, G13 2NL.

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2. Letter dated 14 October 2014 from the Chief Superintendent, Police Scotland, 'L' Divisional Headquarters, Stirling Road, Dumbarton.

3. Letter dated 15 October 2014 from the Chief Superintendent, Police Scotland, 'L' Divisional Headquarters, Stirling Road, Dumbarton.

4. Letter to Mr. Birch dated 15 October 2014.

5. Letter to Mr. Birch dated 17 November 2014.

6. Letter to the Chief Superintendent dated 17 November 2014.

Wards Affected: N/A.

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