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Meeting Details

Meeting Summary
Regulatory Functions Board
9 Mar 2016 - 10:00 to 15:00
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Agenda
Notification
Standard Items
Further Information
This is a meeting which is open to members of the public. 

A copy of the agenda and reports for this meeting will be available for inspection prior to the meeting at the Customer Service Centre, Renfrewshire House, Cotton Street, Paisley and online at www.renfrewshire.cmis.uk.com/renfrewshire/CouncilandBoards.aspx

For further information, please either email
democratic-services@renfrewshire.gov.uk or telephone 0141 618 7112.
Members of the Press and Public
Members of the press and public wishing to attend the meeting should report to the customer service centre where they will be met and directed to the meeting.
Present
Councillors B Brown, M Brown, E Devine, M Devine, Hood, McEwan, McQuade and Mullin.
Chair
Councillor Hood, Convener, presided.
In Attendance
D Campbell, Assistant Managing Solicitor (Licensing); P Shiach, Committee Services Officer , K Whiteside, Licensing Officer (Paralegal), G McIntosh, Civic Government Enforcement Officer (for items 2 (a) and (b) only) and C Lamb, Clerical Assistant (for items 1, 2, 3, and 4(a) (all Finance & Resources).
Order of Business
In terms of Standing Order 16, the Convener intimated that he proposed to alter the order of business to facilitate the conduct of the meeting by considering item 4(a) of the agenda after item 2 of the agenda.
Declaration of Interest
Councillor M Brown, having declared an interest in the following item of business left the meeting and did not take part in any discussions or voting thereon.
Sederunt
Councillor M Brown re-entered the meeting.
Adjournment
The meeting adjourned at 12.15 pm and reconvened at 12.25 pm.
Declaration of Interest
Councillor E Devine, having declared an interest in the following item of business left the meeting and did not take part in any discussions or voting thereon.
Adjournment
The meeting adjourned at 1.15 pm and reconvened at 1.45 pm.
Sederunt
Councillors B Brown and M Brown left the meeting prior to consideration of the following item of business.
Sederunt
Councillor E Devine re-entered the meeting prior to consideration of the following item of business.
Grant of a Second Hand Dealer's Licence (Non Vehicle) - Personal Appearance
5
There was submitted the undernoted application for the grant of a Second Hand Dealer's Licence (Non Vehicle). The applicant had been asked to appear personally for the first time together with Police Scotland who had submitted an objection received outwith the statutory timescale to the application:

Nicola McNaughton t/a N&G Furnishings, 16E Broomlands Street, Paisley.

Ms McNaughton, the applicant was invited into the meeting together with Chief Inspector Gallagher and Sergeant Curran, on behalf of the Chief Constable who had submitted an objection received outwith the statutory timescale to the application. On hearing the reasons for the objection being received outwith the statutory timescale it was decided that the objection be taken into account when the application was being considered.

After consideration of all matters before the Board, the Board adjourned to allow members to consider this application. The meeting was reconvened.
 
Councillor Hood, seconded by Councillor Mullin, moved that the application be granted for a period of one year.
 
Councillor M Devine, seconded by Councillor McQuade, moved as an amendment that the application be refused.
 
In terms of Standing Order 30 the Convener intimated that the vote would be by a show of hands.

On a vote being taken, four members voted for the amendment and two members voted for the motion. The amendment was accordingly declared carried.

DECIDED: That the application be refused.
Items Of Business
Apologies
Apologies from members.
Provost Hall.
Declarations of Interest
Members are asked to declare an interest in any item(s) on the agenda and to provide a brief explanation of the nature of the interest.
Councillor M Brown declared a non-financial interest in relation to item 1 of the agenda as she had knowledge of the background to the application and indicated her intention to leave the meeting during consideration of the item and not to take part in any discussions or voting thereon.

Councillor E Devine declared an interest in relation to item 4 of the agenda as Convener of the Environment Policy Board and indicated his intention to leave the meeting during consideration of the item and not to take part in any discussions or voting thereon.
EXCLUSION OF PRESS AND PUBLIC
The Board may by resolution exclude the press and public from the meeting during consideration of   items 4 (a), 4 (b), 5, 6 and 7 as it is likely, in view of the nature of the business to be transacted, that if members of the press and public are present, there could be disclosure to them of exempt information as defined in paragraph 3 of Part I of Schedule 7A of the Local Government (Scotland) Act, 1973.
The Board resolved that the press and public be excluded from the meeting during consideration of items 3, 4, 5, 6, 7 and 8 as it was likely, in view of the nature of the business to be transacted that if members of the press and public were present there would be disclosure to them of exempt information as defined in paragraph 3 of part I of schedule 7A of the Local Government (Scotland) Act 1973.
Under reference to item 1 of the Minute of the meeting of this Board held on 4 February, 2016 resume consideration of the undernoted application for the grant of a Second Hand Dealer’s Licence. The applicant has been asked to appear personally for the second time together with Brain Kelso, who has submitted an objection to the application and John Roxburgh, Robert Gibson, Lilian Johnstone, Kenneth Simpson, K A McLennan, Joan and Robert Benson, Harold Allan, Gary and Lynne Fraser, Sarah Milnes, Kenny Sorley and Ronald and Elizabeth Taylor who have submitted objections received outwith the statutory timescale to the application:-

Applicant: Scott Elliott, T/A Scott Elliott Motor Company
Premises: 34 Carrick Road, Bishopton
Authorised goods: used motor vehicles
Operating hours: Monday to Friday – 10.00 am to 5.00 pm and
Saturday and Sunday – 10.00 am to 4.00 pm
1
Under reference to item 1 of the Minute of the meeting of this Board held on 4 February, 2016, there was submitted the undernoted application for the grant of a Second Hand Dealer’s Licence. The applicant had been asked to appear personally for the second time together with Brian Kelso, who had submitted an objection to the application and John Roxburgh, Robert Gibson, Lillian Johnstone, Kenneth Simpson, K A McLennan, Joan and Robert Benson, Harold Allan, Gary and Lynne Fraser, Sarah Milnes, Kenny Sorley and Ronald and Elizabeth Taylor who had submitted objections received outwith the statutory timescale to the application:-

Applicant: Scott Elliott, T/A Scott Elliott Motor Company
Premises: 34 Carrick Road, Bishopton
Authorised goods: used motor vehicles
Operating hours: Monday to Friday – 10.00 am to 5.00 pm and
Saturday and Sunday – 10.00 am to 4.00 pm

Mrs Elliot on behalf of the applicant was invited into the meeting together with Brian Kelso, the objector to the application and John Roxburgh, Robert Gibson, Lillian Johnstone, Kenneth Simpson, K A McLennan, Robert Benson, Mr and Mrs Harold Allan, Gary and Lynne Fraser, Kenny Sorley and Ronald Taylor, all late objectors to the application. There was no appearance by Sarah Milnes, late objector to the application, and it was noted that R Taylor was her representative. 

On hearing the reasons for the lateness of the objections from John Roxburgh, Robert Gibson, Lillian Johnstone, Kenneth Simpson, K A McLennan, Joan and Robert Benson, Harold Allan, Gary and Lynne Fraser, Sarah Milnes, Kenny Sorley and Ronald and Elizabeth Taylor it was decided that the objections be taken into account when the application was being considered.

After consideration of all matters before the Board, the Board adjourned to allow members to consider this application. The meeting was reconvened and the Convener proposed that the application be refused. This was agreed unanimously.

DECIDED: That the application be refused.
Submit the undernoted applications for the grant of Taxi Licences. The applicants have been asked to appear personally for the first time: -  

(a) (i) Paisley Taxis Limited, 4 Gordon Street, Paisley

(ii) Paisley Taxis Limited, 4 Gordon Street, Paisley

(iii) Paisley Taxis Limited, 4 Gordon Street, Paisley

(iv) Paisley Taxis Limited, 4 Gordon Street, Paisley

(v) Paisley Taxis Limited, 4 Gordon Street, Paisley

(b) (i) Paisley Cab Company Limited, 33a New Sneddon Street, Paisley

(ii) Paisley Cab Company Limited, 33a New Sneddon Street, Paisley

(iii) Paisley Cab Company Limited, 33a New Sneddon Street, Paisley

(iv) Paisley Cab Company Limited, 33a New Sneddon Street, Paisley

(v) Paisley Cab Company Limited, 33a New Sneddon Street, Paisley

(vi) Paisley Cab Company Limited, 33a New Sneddon Street, Paisley

(vii) Paisley Cab Company Limited, 33a New Sneddon Street, Paisley

(viii) Paisley Cab Company Limited, 33a New Sneddon Street, Paisley

(ix) Paisley Cab Company Limited, 33a New Sneddon Street, Paisley

(x) Paisley Cab Company Limited, 33a New Sneddon Street, Paisley
2
There were submitted the undernoted applications for the grant of Taxi Licences. The applicants had been asked to appear personally for the first time: - 

(a) Paisley Taxis Limited, 4 Gordon Street, Paisley (5 applications)

(b) Paisley Cab Company, 33a New Sneddon Street, Paisley (10 applications)

Mr C Allan representing Paisley Taxis Limited was invited into the meeting.

Mr D McCulloch, Miss H McCulloch and Mr MacDonald, representing Paisley Cab Company Limited were invited into the meeting.

The applicants in respect of (a) and (b) were called separately from each other and recalled as required.
 
In terms of preliminary issues, the Assistant Managing Solicitor (Licensing) advised that letters of objection in respect of the applications had been received from Mr K Barnes and Mr J Kilgour which were outwith the statutory timescale for submitting objections. In view of these letters having just been received it had not been possible to invite the objectors to the meeting to provide a reason for these objections being submitted outwith the statutory timescale for submitting objections.

As a further preliminary matter, Mr MacDonald requested that all 15 applications be considered together.

Following consideration of the preliminary matters before the Board and having regard particularly to the recent receipt of objection letters by officers, Councillor Hood, seconded by Councillor Mullin moved that consideration of the applications be continued to a future meeting of the Board.

Councillor E Devine, seconded by Councillor M Devine, moved as an amendment that the applications be considered at this meeting.

In terms of Standing Order 30 the Convener intimated that the vote would be by a show of hands.

On a vote being taken, three members voted for the amendment and five members voted for the motion. The motion was accordingly declared carried.

DECIDED:

(i) That consideration of applications (a) be continued to a future meeting of the Board; and

(ii) That consideration of applications (b) be continued to a future meeting of the Board.
Under reference to item 3 of the Minute of the meeting of this Committee held on 4 February, 2016 resume consideration of the undernoted application for the grant of a Skin Piercing and Tattooing Licence. The applicant has been asked to appear personally for the first time together with the Director of Community Resources who has submitted a representation to the application and Linwood Community Council who has submitted an objection received outwith the statutory timescale to the application:-

Applicant: Sanda Ionut-Silviu
Trading from: Renfrewshire area (mobile)
Authorised activity: Tattooing
Operating hours: 7 days per week – 10.00 am to 7.00 pm
4
Under reference to item 3 of the Minute of the meeting of this Board held on 4 February, 2016 the Board resumed consideration of the undernoted application for the grant of a Skin Piercing and Tattooing Licence. The applicant had been asked to appear personally for the first time together with the Director of Community Resources who had submitted a representation to the application and Linwood Community Council who had submitted an objection received outwith the statutory timescale to the application.

Sanda Ionut-Silviu, 12 Albion Gate, Paisley
Trading from: Renfrewshire area (mobile)
Authorised activity: Tattooing
Operating hours: 7 days per week – 10.00am to 7.00pm




Mrs M Ionut-Silviu, representing the applicant was invited into the meeting together with R Marshall, Business Regulation Manager and G Wands, Environmental Health Officer on behalf of the Director of Community Services who had submitted a representation to the application. There was no appearance by or on behalf of Linwood Community Council who had submitted an objection outwith the statutory timescale to the application. There being no reasons intimated for the objection by Linwood Community Council being submitted outwith the statutory timescale, the Convener proposed that the objection be not taken into account when the application was being considered. This was agreed unanimously.  

After consideration of matters before the Board the Convener proposed that the application be continued to allow the applicant to provide further documentation.  This was agreed.

DECIDED: That consideration of the application be continued to allow the applicant to provide further documentation.  
Submit the undernoted applications for the grant of Second Hand Dealers' (Non Vehicle) Licences. The applicants have been asked to appear personally for the first time together with Police Scotland who has submitted a representation to application (a) and an objection to application (b): -

(a) Gerard McLoughlin, 61 Gleneagles Gardens, Bishopbriggs

(b) Nicola McNaughton t/a N & G Furnishings, 16E Broomlands Street, Paisley 
3
There was submitted the undernoted application for a Second Hand Dealers’ (Non Vehicle) Licence. The applicant had been asked to appear personally for the first time together with Police Scotland who had submitted a representation to the application.

Gerard McLoughlin, 61 Gleneagles Gardens, Bishopbriggs.

Mr McLoughlin, the applicant was invited into the meeting together with Chief Inspector Gallagher and Sergeant Curran on behalf of the Chief Constable who had submitted a representation to the application.

After consideration of matters before the Board the Convener proposed that the application be granted for a period of one year. This was agreed unanimously.

DECIDED: That the application be granted for a period of one year.
Submit the undernoted application for the grant of a Private Hire Car Operator Licence. The applicant has been asked to appear personally for the first time together with Police Scotland who has submitted an objection to the application: -

Fazle Niaze Masum, Flat 32, 8 Glen Loy Place, Glasgow G53 7HS
6
There was submitted the undernoted application for the grant of a Private Hire Car Operator Licence. The applicant had been asked to appear personally for the first time together with Police Scotland who had submitted an objection outwith the statutory timescale to the application:
 
Fazle Niaze Masum, Flat 32, 8 Glen Loy Place, Glasgow

There was no appearance by or on behalf of Mr Masum. Chief Inspector Gallagher and Sergeant Curran, on behalf of the Chief Constable who had submitted an objection received outwith the statutory timescale to the application were invited into the meeting.

The Convener proposed that the application be considered in Mr Masum’s absence and this was agreed unanimously.
 
On hearing the reasons for the objection being received outwith the statutory timescale it was decided that the objection be taken into account when the application was being considered. 

After consideration of all matters before the Board, the Convener proposed that the application be refused. This was agreed unanimously.

DECIDED: That the application be refused.
Submit the undernoted application for the grant of a Private Hire Car Driver Licence. The applicant has been asked to appear personally for the first time together with Police Scotland who has submitted an objection to the application: -

Fazle Niaze Masum, Flat 32, 8 Glen Loy Place, Glasgow G53 7HS
7
There was submitted the undernoted application for the grant of a Private Hire Car Driver Licence. The applicant had been asked to appear personally for the first time together with Police Scotland who had submitted an objection to the application:-

Fazle Niaze Masum, Flat 32, 8 Glen Loy Place, Glasgow

There was no appearance by or on behalf of Mr Masum. Chief Inspector Gallagher and Sergeant Curran, on behalf of the Chief Constable who had submitted an objection received outwith the statutory timescale to the application were invited into the meeting.

The Convener proposed that the application be considered in Mr Masum’s absence and this was agreed unanimously.

On hearing the reasons for the objection being received outwith the statutory timescale it was decided that the objection be taken into account when the application was being considered. The Chief Constable had also submitted a second letter of objection outwith the statutory timescale to the application. The Board unanimously agreed the interests of justice required that this further objection be taken into account when the application was being considered.

After consideration of all matters before the Board, the Convener proposed that the application be refused. This was agreed unanimously.

DECIDED: That the application be refused.
Under reference to item 8 of the Minute of the meeting of this Board held on 19 November, 2015 resume consideration of the undernoted application for the grant of Landlord Registration. The applicant has been asked to appear personally for the third time:-

Leslie Gray, Farmfield House, West Kilbride
8
There was submitted the undernoted application for the grant of Landlord Registration. The applicant had been asked to appear personally for the third time:-

Leslie Gray, Farmfield House, West Kilbride.

There was no appearance by or on behalf of Mr Gray. After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of three years. This was agreed unanimously.

DECIDED: That the application be granted for a period of three years.

Attendance

Attended - Other Members
Name
No other member attendance information has been recorded for the meeting.
Apologies
NameReason for Sending Apology
Provost Anne Hall 
Absent
NameReason for Absence
Councillor Will Mylet 

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
No declarations of interest have been entered for this meeting.

Visitors

Visitor Information is not yet available for this meeting