WEST DUNBARTONSHIRE COUNCIL
Report by the Head of Legal, Democratic and Regulatory Services Licensing Committee – 8 October 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. Applications for Private Hire Car Licences will be considered separately from this application.
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.
4. Main Issues
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 8 October 2014.
4.2 The full terms of the letters from Clydebank & District TOARS Ltd. and the 27
Page 1 of 3 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 and not to the grant of Private Hire Car Licences which, as stated above, will be considered separately.
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; or v. 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
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;
Page 2 of 3 West Dunbartonshire Council - Planning & Building Services; West Dunbartonshire Council – Environmental Health Commercial Team.
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 29/8/14
Person to Contact: Robert Mackie, Senior Officer (Licensing Services), Licensing Team, Rosebery Place, Clydebank, G81 1TG.
Tel. No. (Direct line) 01389 738742. [email protected]
Appendices: N/A.
Backgro und 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.
Wards Affected: N/A.
Page 3 of 3