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Meeting Details

Meeting Summary
Regulatory Functions Board
23 Aug 2023 - 10:00 to 15:00
Occurred
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Agenda
Notification
Membership Section
Standard Items
Further Information - online meetings only

This meeting is on-line only but is a meeting which is open to members of the public by prior arrangement. 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 http://renfrewshire.cmis.uk.com/renfrewshire/CouncilandBoards.aspx

For further information, please email democratic-services@renfrewshire.gov.uk

Members of the Press and Public - contact details
Members of the press and public wishing to attend the meeting should contact democratic-services@renfrewshire.gov.uk to allow the necessary arrangements to be made.

 

Recording of Meeting
This meeting will be recorded for subsequent broadcast via the Council's internet site. If you have any queries regarding this please contact committee services on democratic-services@renfrewshire.gov.uk

 

To find the recording please follow the link which will be attached to this agenda once the meeting has concluded.

Prior to the commencement of the meeting, the Convener intimated that this meeting would be recorded for subsequent broadcast via the Council's internet site.
Items Of Business
Apologies
Apologies from members.
Councillors McEwan, Montgomery and Mullin.
Declarations of Interest and Transparancy Statements
Members are asked to declare an interest or make a transparency statement in any item(s) on the agenda and to provide a brief explanation of the nature of the interest or the transparency statement.
Submit the undernoted application for renewal of a Late Hours Catering Licence:-

Applicant: McDonalds Restaurants Limited
Premises: Phoenix Retail Park, Linwood
Activity: burgers, fries, coffees, soft drinks etc
Operating hours: Monday to Sunday - 11.00 pm to 5.00 am for both restaurant and drive-thru
Licence No.: LHC016
 
1
There was submitted the undernoted application for renewal of a Late Hours Catering Licence:-

Applicant: McDonalds Restaurants Limited
Premises: Phoenix Retail Park, Linwood
Activity: burgers, fries, coffees, soft drinks etc
Operating hours: Monday to Sunday - 11.00 pm to 5.00 am for both restaurant and drive-thru
Licence No.: LHC016

The Convener proposed that the application be granted for a period of two years and that the applicant continue to be an exception to the Board’s policy on trading hours. This was agreed unanimously.

DECIDED: That the application be granted for a period of two years and that the applicant continue to be an exception to the Board’s policy on trading hours.
Resume consideration of application (a) for grant of a Private Hire Car Driver’s Licence and submit application (b) for grant of a Private Hire Car Driver’s Licence. Applicant (a) has been asked to appear personally for the second time and applicant (b) has been asked to appear personally for the first time:-

(a) Parvaz Akhtar
(b) Ryan McLeese 
 
3
Under reference to item 2 of the Minute of the meeting of this Board held on 17 May 2023, consideration was resumed of application (a) for grant of a Private Hire Car Driver’s Licence and there was submitted application (b) for grant of a Private Hire Car Driver’s Licence. Applicant (a) had been asked to appear personally for the second time and applicant (b) had been asked to appear personally for the first time:-

(a) Parvaz Akhtar

There was no appearance by or on behalf of Mr Ahktar, the applicant. The Convener proposed that the application be considered in Mr Ahktar’s absence. This was agreed unanimously. 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.

(b) Ryan McLeese 

There was no appearance by or on behalf of Mr McLeese, the applicant. The Convener proposed that the application be considered in Mr McLeese’s absence. This was agreed unanimously. 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 grant of a Taxi Driver’s Licence. The applicant has been asked to appear personally for the first time:-

Steven McGowan
 

 

 

 

4

There was submitted the undernoted application for grant of a Taxi Driver’s Licence. The applicant had been asked to appear personally for the first time: -

Steven McGowan

There was no appearance by or on behalf of Mr McGowan, the applicant. The Convener proposed that the application be considered in Mr McGowan’s absence. This was agreed unanimously. 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.

 

 

 

 

EXCLUSION OF PRESS AND PUBLIC
The Board may by resolution exclude the press and public from the meeting during consideration of the following items of business 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 the following items of business 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.
Submit application (a) for grant of a Taxi Driver’s Licence and resume consideration of application (b) for grant of a Taxi Driver’s Licence. Applicant (a) has been asked to appear personally for the first time and applicant (b) has been asked to appear personally for the second time:-

(a) Mate Lengyel
(b) Patrycja Singh  
 
5
Under reference to item 10 of the Minute of the meeting of this Board held on 17 May 2023, consideration was resumed of application (b) for grant of a Taxi Driver’s Licence and there was submitted application (a) for grant of a Taxi Driver’s Licence. Applicant (a) had been asked to appear personally for the first time and applicant (b) had been asked to appear personally for the second time:-

(a) Mate Lengyel

The Managing Solicitor (Licensing) advised that this application had been granted under delegated authority for a period of one year.

DECIDED: That it be noted that the application had been granted under delegated authority for a period of one year.

(b) Patrycja Singh  

Ms Singh, the applicant, joined the meeting by video call. After consideration of all 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 applications (a), (b), (c), (e), (g) and (h) for grant of Private Hire Car Drivers’ Licences and resume consideration of applications (d) and (f) for grant of Private Hire Car Drivers’ Licences. Applicants (a), (b), (c), (e), (g) and (h) have been asked to appear personally for the first time and applicants (d) and (f) have been asked to appear personally for the second time together with Police Scotland who has submitted a representation to application (f) together with an objection received outwith the statutory timescale to the application and an objection received outwith the statutory timescale to application (h) together with a further letter in connection with that objection also received outwith the statutory timescale to the application:-

(a) Mohammed Bakhit
(b) Ali Shah
(c) Natnael Esayas
(d) Wajid Mahmood Yousaf Begum       
(e) Saqib Ali
(f) David Walker                
(g) Salman Khan
(h) Keith Rainnie     
 
6

Under reference to item 8(b) of the Minute of the meeting of this Board held on 1 June 2023 and item 6(e) of the Minute of the meeting of this Board held on 17 May 2023, consideration was resumed of applications (d) and (f), respectively, for grant of Private Hire Car Drivers’ Licences and there were submitted applications (a), (b), (c), (e), (g) and (h) for grant of Private Hire Car Drivers’ Licences. Applicants (a), (b), (c), (e), (g) and (h) had been asked to appear personally for the first time and applicants (d) and (f) had been asked to appear personally for the second time together with Police Scotland who had submitted a representation to application (f) together with an objection received outwith the statutory timescale to the application and an objection received outwith the statutory timescale to application (h) together with a further letter in connection with that objection also received outwith the statutory timescale to the application:-

(a) Mohammed Bakhit

Mr Bakhit, the applicant, joined the meeting by video call. After consideration of all 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.

(b) Ali Shah

Mr Shah, the applicant, joined the meeting by telephone call. After consideration of all 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.

(c) Natnael Esayas

Mr Esayas, the applicant, joined the meeting by video call. After consideration of all 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.

(d) Wajid Mahmood Yousaf Begum       

Mr Begum, the applicant, joined the meeting by video call. After consideration of all 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.

(e) Saqib Ali

Mr Ali, the applicant, joined the meeting by telephone call. After consideration of all 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.

(f) David Walker    

Mr Walker, the applicant, joined the meeting by video call together with Sergeant Moore-McGrath, who also joined the meeting by video call, on behalf of the Chief Constable who had submitted a representation to the application and an objection received outwith the statutory timescale to the application. 

On hearing the reasons for the lateness of the objection, the Convener proposed that the objection be taken into account when the application was being considered. This was agreed unanimously. 

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 granted for a period of one year. This was agreed unanimously.

DECIDED: That the application be granted for a period of one year.
         
(g) Salman Khan

Mr Khan, the applicant, joined the meeting by video call. After consideration of all 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.

(h) Keith Rainnie     

There was no appearance by or on behalf of Mr Rainnie, the applicant. Sergeant McGrath-Moore joined the meeting by video call, on behalf of the Chief Constable who had submitted an objection received outwith the statutory timescale and a further letter in connection with that objection also received outwith the statutory timescale to the application. The Convener proposed that consideration of the application be continued and that the applicant be invited to a future meeting of the Board. This was agreed unanimously.

DECIDED: That consideration of the application be continued and that the applicant be invited to a future meeting of the Board.

Adjournment

The meeting will adjourn following consideration of application 5(h) and reconvene at 1.30 pm.

 

 

The meeting adjourned at 10.45 am and resumed at 11.00 am.
Consider the possible suspension of revocation of the Private Hire Car Driver’s Licence held by licence holder (a) and resume consideration of the possible suspension or revocation of the Private Hire Car Driver’s Licence held by licence holder (b). Licence holder (a) has been asked to appear personally for the first time and licence holder (b) has been asked to appear personally for the second time together with Police Scotland:-

(a) Licence holder: Daniel Gillies    
Licence No.: P0722

(b) Licence holder: Alisdair Connell
Licence No.: P4755
 
7
The Board considered the possible suspension or revocation of the Private Hire Car Driver’s Licence held by licence holder (a) and under reference to item 3(b) of the Minute of the meeting of this Board held on 7 August 2019, consideration was resumed of the possible suspension or revocation of the Private Hire Car Driver’s Licence held by licence holder (b). Licence holder (a) had been asked to appear personally for the first time and licence holder (b) had been asked to appear personally for the second time together with Police Scotland:-

(a) Licence holder: Daniel Gillies    
Licence No.: P0722

Mr Gillies, the licence holder, joined the meeting by telephone call, together with Sergeant Moore-McGrath, who joined the meeting by video call, on behalf of the Chief Constable. After consideration of all matters before the Board, the Managing Solicitor (Licensing) asked Mr Gillies if he wished to address the Board on any action the Board might impose prior to any motions being made in relation to his Private Hire Car Driver’s Licence. Mr Gillies then addressed the Board.

Following consideration of Mr Gillies’ submission, the Board adjourned to allow members to consider the matter. The meeting was reconvened and the Convener proposed that no action be taken. This was agreed unanimously.

DECIDED: That no action be taken.

(b) Licence holder: Alisdair Connell
Licence No.: P4755

Mr Connell, the licence holder, joined the meeting by video call, together with Sergeant Moore-McGrath, who also joined the meeting by video call, on behalf of the Chief Constable. After consideration of all matters before the Board, the Managing Solicitor (Licensing) asked Mr Connell if he wished to address the Board on any action the Board might impose prior to any motions being made in relation to his Private Hire Car Driver’s Licence. Mr Connell then addressed the Board.

Following consideration of Mr Connell’s submission, the Board adjourned to allow members to consider the matter. The meeting was reconvened and the Convener proposed that Mr Connell’s Private Hire Car Driver’s Licence be suspended for a period of six weeks with effect from 21 September 2023. This was agreed unanimously.

DECIDED: That Mr Connell’s Private Hire Car Driver’s Licence be suspended for a period of six weeks with effect from 21 September 2023.
Submit application (a) for grant of a Private Hire Car Driver’s Licence and resume consideration of application (b) for grant of a Private Hire Car Driver’s Licence. Applicant (a) has been asked to appear personally for the first time and applicant (b) has been asked to appear personally for the second time together with Police Scotland who has submitted a representation to application (a) and an objection to application (b):-

(a) Abdulgader Yahya
(b) Mohammad Akram
 
8

Under reference to item 6(d) of the Minute of the meeting of this Board held on 17 May 2023, consideration was resumed of application (b) for grant of a Private Hire Car Driver’s Licence and there was submitted application (a) for grant of a Private Hire Car Driver’s Licence. Applicant (a) had been asked to appear personally for the first time and applicant (b) had been asked to appear personally for the second time together with Police Scotland who had submitted a representation to application (a) and an objection to application (b):-

(a) Abdulgader Yahya

Mr Yahya, the applicant, joined the meeting by telephone call together with Sergeant Moore-McGrath, who joined the meeting by video call, on behalf of the Chief Constable who had submitted a representation to the application. After consideration of all matters before the Board, the Convener proposed that consideration of the application be continued and that the applicant be invited to a future meeting of the Board. This was agreed unanimously.

DECIDED: That consideration of the application be continued and that the applicant be invited to a future meeting of the Board.

 

(b) Mohammad Akram

Mr Akram, the applicant, joined the meeting by telephone call together with Sergeant Moore-McGrath, who joined the meeting by video call, on behalf of the Chief Constable who had submitted an objection to the application. After consideration of all matters before the Board and following upon Mr Akram confirming that he waived his entitlement to the statutory 14-day notice period to allow his application to be considered at the next meeting of the Board to be held on 7 September 2023, the Convener proposed that consideration of the application be continued and that the applicant be invited to the next meeting of the Board to be held on 7 September 2023. This was agreed unanimously. 

DECIDED: 

(i) That consideration of the application be continued and that the applicant be invited to the next meeting of the Board to be held on 7 September 2023; and

(ii) That it be noted that Mr Akram confirmed to the Board that he waived his entitlement to the statutory 14-day notice period in respect of that meeting.

Resume consideration of the undernoted applications for renewal of Private Hire Car Drivers’ Licences. The applicants have been asked to appear personally for the second time together with Police Scotland who has submitted a representation to application (a) together with an objection received outwith the statutory timescale to the application and an objection to application (b):-

(a) Applicant: Avril McKerlie
Licence No.: P0281

(b) Applicant: Mahamudul Hassan
Licence No.: P0292
 
9
Under reference to item 10(a) of the Minute of the meeting of this Board held on 2 February 2023, consideration was resumed of application (a) for renewal of a Private Hire Car Driver’s Licence and under reference to item 7(b) of the Minute of the meeting of this Board held on 17 May 2023, consideration was resumed of application (b) for renewal of a Private Hire Car Driver’s Licence. The applicants had been asked to appear personally for the second time together with Police Scotland who had submitted a representation to application (a) together with an objection received outwith the statutory timescale to the application and an objection to application (b):-

(a) Applicant: Avril McKerlie
Licence No.: P0281

There was no appearance by or on behalf of Ms McKerlie, the applicant. Sergeant Moore-McGrath, joined the meeting by video call, on behalf of the Chief Constable who had submitted a representation to the application together with an objection received outwith the statutory timescale to the application. 

On hearing the reasons for the lateness of the objection, the Convener proposed that the objection be taken into account when the application was being considered. This was agreed unanimously. 

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.


Sederunt

Councillor Hughes rejoined the meeting prior to consideration of the following item of business.


(b) Applicant: Mahamudul Hassan
Licence No.: P0292

Mr Hassan, the applicant, joined the meeting by telephone call together with Sergeant Moore-McGrath, who joined the meeting by video call, on behalf of the Chief Constable who had submitted an objection to the application. 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 granted for a period of two years. This was agreed unanimously.

DECIDED: That the application be granted for a period of two years.
Submit the undernoted application for grant of a Private Hire Car Operator’s Licence. The applicant has been asked to appear personally for the first time:-

Ibrahim Elnoor
 
10
There was submitted the undernoted application for grant of a Private Hire Car Operator’s Licence. The applicant had been asked to appear personally for the first time:-

Ibrahim Elnoor

Mr Elnoor, the applicant, joined the meeting by video call. After consideration of all 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 grant of a Taxi Operator’s Licence. The applicant has been asked to appear personally for the first time:-

Graeme Anderson
 
2
There was submitted the undernoted application for grant of a Taxi Operator’s Licence. The applicant had been asked to appear personally for the first time:-

Graeme Anderson

Mr Anderson, the applicant, and his Solicitor, Mr Banks, both joined the meeting by video call. After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of one year and that Mr Anderson continue to be exempt from operating a wheelchair accessible vehicle. This was agreed unanimously.

DECIDED: That the application be granted for a period of one year and that Mr Anderson continue to be exempt from operating a wheelchair accessible vehicle.

Attendance

Attended - Other Members
Name
No other member attendance information has been recorded for the meeting.
Apologies
Absent
NameReason for Absence
Councillor Emma Rodden 

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
Councillor Lisa-Marie Hughes9Applicant was known to herNon-PecuniaryLeft the meeting and took no part in the discussion or voting thereon

Visitors

Visitor Information is not yet available for this meeting