------ Original Message ------
From: "Graham, Jennifer" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: "Allison, Liona" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; "Burke, John" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Monday, 6 Dec, 2021 At 16:38
Subject: RE: Licensing Committee Meeting - 7 December 2021

I have just been advised by Legal Services that Item 4 – Taxi Fares Review will be continued to a future meeting.

There will therefore be no public access to the Licensing Committee meeting tomorrow as the only other item being considered is marked as exempt.

If you require any further information please do not hesitate to contact me.

Kind regards.

Jennifer Graham
Committee Services Officer
Department of Corporate and Community Services

MINUTE of LICENSING COMMITTEE

Minute of virtual meeting held at 10.00am on 7 December 2021.

Present:
Councillor Charlie Gilbert
Councillor Stewart Miller
Councillor Annette Ireland

Councillor Miller in the Chair

Attending:
Jacqui McCusker, Senior Solicitor;
Brian Kilpatrick, Civic Government Enforcement Officer;
Jennifer Graham, Committee Services Officer; and
Liona Allison, Assistant Committee Services Officer.

Also Attending:
Chief Inspector Alan Gray and Constable Gavin Walker, Police Scotland.

Apologies:
Councillors Angela Convery (Chair) and Betty Cunningham (Vice Chair).

APPOINTMENT OF CHAIR
1833. In the absence of the Chair and Vice-Chair it was agreed that Councillor Miller Chair the meeting.

DECLARATIONS OF INTEREST
1834. There were no declarations of interest intimated.

Resolution to Exclude Press and Public
At this point in the meeting, on the motion of the Chair, the committee unanimously resolved that in accordance with the provisions of Section 50A(4) of the Local Government (Scotland) Act 1973, as amended, the press and public be excluded from the meeting for Item 1835 belowon the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 6 and 14 of Part 1 of Schedule 7A to the Act.

PRIVATE HIRE DRIVER’S LICENCE – APPLICATION FOR RENEWAL
1835. The committee considered a report by the Chief Officer – Legal and Procurement in relation to an application for the renewal of a Private Hire Driver’s Licence (Agenda Item 3 refers).

The licence holder was present.

Chief Inspector Gray and Constable Walker representing the Chief Constable, who had made an objection in respect of the application, were also 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.

Constable Walker was heard in respect of the objection by the Chief Constable and in response to questions from Members.

The licence holder was then heard in respect of the application and in response to questions from Members.

He confirmed that a hearing date had been set for 9 December 2021.

The committee, having taken account of the objection by the Chief Constable, agreed that the application be renewed for a period of 1 year subject to standard conditions.


The meeting was opened to the public at this point.


CIVIC GOVERNMENT (SCOTLAND) ACT 1982 – TAXI FARES REVIEW

1836. The committee were advised, and noted, that the report would be continued to a future meeting to allow further consultation on the proposals to take place.

CHAIR

------ Original Message ------
To: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Sent: Monday, 13 Dec, 2021 At 09:02
Subject: FREEDOM OF INFORMATION(FOI) REQUEST - Agenda Item 3 - Licensing Committee virtual meeting held on 7 December 2021 at 10.00am

Hi

FREEDOM OF INFORMATION(FOI) REQUEST

This Freedom of Information(FOI) request concerns the East Renfrewshire Council(ERC) Licensing Committee virtual meeting held at 10.00am on 7 December 2021 and also the information referred to in the minute of the meeting(attached below) specifically regarding Agenda Item 3 -


'3. Private Hire Car Driver’s Licence – Application for Renewal – Report by Chief Officer (Legal & Procurement) (copy attached, pages 3 - 6).'


This particular FOI is not concerned with personal details such as names an addresses etc but is concerned with all other recorded information.


If it means that the requested information can be given, there is no objection within this particular FOI request to personal details such as names an addresses being redacted.


This FOI is concerned with types of objections and representations,types of convictions and seriousness of convictions presented to the Committee and the information recorded by the Committee


Please provide all information/reports/letters/representations/objections/emails regarding -

The Application

All reports referred to/submitted by the Chief Officer – Legal and Procurement.

All reports/letters/representations / objections submitted by the Chief Constable

Details of points made by Constable Walker -

'Constable Walker was heard in respect of the objection by the Chief Constable and in response to questions from Members.'

Details of points made by licence holder -

'The licence holder was then heard in respect of the application and in response to questions from Members.'

Details of questions asked by the Committee.

Details of what weight the Committee attached to each representation made by the Chief Constable

- '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.'

Your help in providing the requested information is appreciated.

Electronic copies are acceptable.

'MINUTE of LICENSING COMMITTEE

Minute of virtual meeting held at 10.00am on 7 December 2021.

Present:
Councillor Charlie Gilbert
Councillor Stewart Miller
Councillor Annette Ireland

Councillor Miller in the Chair

Attending:
Jacqui McCusker, Senior Solicitor;
Brian Kilpatrick, Civic Government Enforcement Officer;
Jennifer Graham, Committee Services Officer; and
Liona Allison, Assistant Committee Services Officer.

Also Attending:
Chief Inspector Alan Gray and Constable Gavin Walker, Police Scotland.

Apologies:
Councillors Angela Convery (Chair) and Betty Cunningham (Vice Chair).

APPOINTMENT OF CHAIR
1833. In the absence of the Chair and Vice-Chair it was agreed that Councillor Miller Chair the meeting.

DECLARATIONS OF INTEREST
1834. There were no declarations of interest intimated.

Resolution to Exclude Press and Public
At this point in the meeting, on the motion of the Chair, the committee unanimously resolved that in accordance with the provisions of Section 50A(4) of the Local Government (Scotland) Act 1973, as amended, the press and public be excluded from the meeting for Item 1835 belowon the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 6 and 14 of Part 1 of Schedule 7A to the Act.

PRIVATE HIRE DRIVER’S LICENCE – APPLICATION FOR RENEWAL
1835. The committee considered a report by the Chief Officer – Legal and Procurement in relation to an application for the renewal of a Private Hire Driver’s Licence (Agenda Item 3 refers).

The licence holder was present.

Chief Inspector Gray and Constable Walker representing the Chief Constable, who had made an objection in respect of the application, were also 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.

Constable Walker was heard in respect of the objection by the Chief Constable and in response to questions from Members.

The licence holder was then heard in respect of the application and in response to questions from Members.

He confirmed that a hearing date had been set for 9 December 2021.

The committee, having taken account of the objection by the Chief Constable, agreed that the application be renewed for a period of 1 year subject to standard conditions.'


Electronic copies are acceptable.

Your help is appreciated.

Thanks

------ Original Message ------
To: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Sent: Monday, 13 Dec, 2021 At 10:09
Subject: FREEDOM OF INFORMATION(FOI) REQUEST - Agenda Item 4 - Licensing Committee virtual meeting held on 7 December 2021 at 10.00am

Hi

FREEDOM OF INFORMATION(FOI) REQUEST

This Freedom of Information(FOI) request concerns the East Renfrewshire Council(ERC) Licensing Committee virtual meeting held at 10.00am on 7 December 2021 and also the information referred to in the minute of the meeting(attached below) specifically regarding Agenda Item 4 -

'4. Taxi Fares Review – Report by Chief Officer (Legal & Procurement) (copy attached, pages 7 - 12; Appendix 1 to follow).'

and the minute entry

'.........The meeting was opened to the public at this point.
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 – TAXI FARES REVIEW
1836. The committee were advised, and noted, that the report would be continued to a future meeting to allow further consultation on the proposals to take place.'

It also concerns the emails attached below.

This particular FOI is not concerned with personal details such as names an addresses etc but is concerned with all other recorded information.

If it means that the requested information can be given, there is no objection within this particular FOI request to personal details such as names an addresses being redacted.

Please supply Recording of Public part of meeting

-showing the Chair proposing the motion of resolution and result of resolution -

'Resolution to Exclude Press and PublicAt this point in the meeting, on the motion of the Chair, the committee unanimously resolved that in accordance with the provisions of Section 50A(4) of the Local Government (Scotland) Act 1973, as amended, the press and public be excluded from the meeting for the undernoted itemsof business on the grounds that they involved the likely disclosure of exempt information as defined in Paragraphs 6 and 14 of Part 1 of Schedule 7A to the Act.'

and recording of further Public Access -

'.........The meeting was opened to the public at this point.'

Regarding the report -

'4. Taxi Fares Review – Report by Chief Officer (Legal & Procurement) (copy attached, pages 7 - 12; Appendix 1 to follow).'

Please provide name of paper and proposed date of publication

- '(b)Authorise the Chief Officer (Legal & Procurement) to publish those proposed scales in a newspaper circulating within East Renfrewshire'

Provide recorded information regarding this consultation

- '(a) Consult with persons or organisations appearing to be, or to be representative of, the operators of taxis operating within its area, '

Provide copy of letter. Provide copies/details of the several replies.

- '7. Legal Services wrote to every holder of a taxi licence within East Renfrewshire and has therefore complied with paragraph A above. Several
replies were received, the majority requesting an increase in fare.'

Recorded information/details of this evidence

- 'Since the last review, there is evidence from operators that their costs have substantially increased. '

Recorded information/details of evidence referred to for this claim (*see attached additional info below regarding WAVs(Wheelchair Accessible Vehicles)

- '14. A fare increase may persuade more licence holders to upgrade to wheelchair accessible vehicles. '

Recorded information/details/results/emails regarding holding of these consultations and results of consultations

'CONSULTATION
15. The licensing section has consulted directly with every holder of a taxi vehicle licence and has consulted the public through the council website. '

All recorded information/details/emails regarding -

How/where/when it was discovered that there was an error.

What the error was and how it occurred.

All emails to/from Officials/Councillors/others regarding the error.

Why consultation was not available to public on the website up to 30/11.

All recorded information/reports/emails regarding Consequences to Taxi License Holders(loss of earnings) and Passengers(spared fares increase) of the error.

- 'The consultation should have been available to the public up to 30/11 on the website.
I don’t see it myself so I am checking the position.
If there has been any error then the report will be continued to the next meeting to allow re advertising.'


All emails to/from Officials/Councillors/others regarding this(advice etc)

- 'The committee were advised, and noted, that the report would be continued to a future meeting to allow further consultation on the proposals to take place.'


'------ Original Message ------
To: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Sent: Friday, 3 Dec, 2021 At 16:51
Subject: Licensing Committee Meeting to be held on tuesday 7 December 2021 Agenda Item 4 - Your Report
Hi Gerry
I refer to Licensing Committee Meeting to be held on 7 December 2021 Agenda Item 4 and your report
EAST RENFREWSHIRE COUNCIL LICENSING COMMITTEE 7 December 2021 - Report by Chief Officer (Legal & Procurement) CIVIC GOVERNMENT (SCOTLAND) ACT 1982 – TAXI FARES REVIEW
and in particular para 15 -
CONSULTATION
15. The licensing section has consulted directly with every holder of a taxi vehicle licence and has consulted the public through the council website.
I have done a search but can find no information on council website regarding the public consultation.
Are the details/outcome of these consultations
- The licensing section has consulted directly with every holder of a taxi vehicle licence
- has consulted the public through the council website.
available on the Council website , if so where, or only available via FOI request?
Your help is appreciated.
Thanks'


------ Original Message ------
From: "Abrami, Joe" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Monday, 6 Dec, 2021 At 16:27
Subject: RE: Licensing Committee Meeting to be held on tuesday 7 December 2021 Agenda Item 4 - Your Report
The consultation should have been available to the public up to 30/11 on the website.
I don’t see it myself so I am checking the position.
If there has been any error then the report will be continued to the next meeting to allow re advertising.
Regards,
Joe

From: Mahon, Gerry < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: 06 December 2021 16:00
To: Abrami, Joe < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: FW: Licensing Committee Meeting to be held on tuesday 7 December 2021 Agenda Item 4 - Your Report
Joe, can you let me know if the consultation details are available and I’ll reply to him
Thanks
Gerry'


'MINUTE of LICENSING COMMITTEE
Minute of virtual meeting held at 10.00am on 7 December 2021...............
.........The meeting was opened to the public at this point.
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 – TAXI FARES REVIEW
1836. The committee were advised, and noted, that the report would be continued to a future meeting to allow further consultation on the proposals to take place.
CHAIR '


* Additional info regarding WAVs(Wheelchair Accessible Vehicles)

'MINUTE of LICENSING COMMITTEE
Minute of virtual meeting held at 10.00am on 13 April 2021.
Following discussion, the committee agreed:-
(a) to amend the current Council policy in respect of WAVs to remove the requirement for all new private hire operators’ licences to be wheelchair accessible, with a review of this amendment to be held in 1 year; and......'


Electronic copies are acceptable.

Your help is appreciated.

Thanks

Sent: 11 December 2021 10:38
To: Graham, Jennifer < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: Allison, Liona < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; Burke, John < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: RE: Licensing Committee Meeting - 7 December 2021

Hi

I refer to minute

LICENSING COMMITTEE - Minute of virtual meeting held at 10.00am on 7 December 2021.

The meeting was opened to the public at this point.

CIVIC GOVERNMENT (SCOTLAND) ACT 1982 – TAXI FARES REVIEW

1836. The committee were advised, and noted, that the report would be continued to a future meeting to allow further consultation on the proposals to take place.


If the meeting was opened to the public why was I informed in your email below -

'There will therefore be no public access to the Licensing Committee meeting tomorrow ...............'


Were the Committee Members aware and/or made aware of this error?

'------ Original Message ------
From: "Abrami, Joe" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Monday, 6 Dec, 2021 At 16:27
Subject: RE: Licensing Committee Meeting to be held on tuesday 7 December 2021 Agenda Item 4 - Your Report

The consultation should have been available to the public up to 30/11 on the website. I don’t see it myself so I am checking the position. If there has been any error then the report will be continued to the next meeting to allow re advertising.

Regards,
Joe'

Your help is appreciated.

Thanks


------ Original Message ------
From: "Graham, Jennifer" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: "Allison, Liona" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; "Burke, John" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Monday, 6 Dec, 2021 At 16:38
Subject: RE: Licensing Committee Meeting - 7 December 2021

I have just been advised by Legal Services that Item 4 – Taxi Fares Review will be continued to a future meeting.

There will therefore be no public access to the Licensing Committee meeting tomorrow as the only other item being considered is marked as exempt.

If you require any further information please do not hesitate to contact me.

Kind regards.
Jennifer Graham
Committee Services Officer
Department of Corporate and Community Services



------ Original Message ------
From: "Burke, John" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: "Allison, Liona" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; "Graham, Jennifer" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; "Daly, Eamonn" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Tuesday, 14 Dec, 2021 At 09:37
Subject: RE: Licensing Committee Meeting - 7 December 2021


Thank you for your e-mail of 11 December 2021 regarding the Licensing Committee meeting of 7th December 2021.

I can advise you that it had not been intended at the outset of the meeting to refer to the item of the Taxi Fares Review as the item had been continued, and members had been notified.

Therefore, at the time that you were advised that there were no public items for consideration, this was the correct information.

However, it transpired that at the meeting the Legal representatives did choose to refer to this item in order to simply remind the members that it was being continued, as outlined in the minute.

For that reason, it was included in the minute in this way as there is no cause for this to be covered by any exemption.

I trust this information clarifies the matter.

Kind regards

John Burke
Committee Services Officer
Department of Corporate and Community Services

EAST RENFREWSHIRE COUNCIL
LICENSING COMMITTEE
7 December 2021
Report by Chief Officer (Legal & Procurement)

PRIVATE HIRE DRIVER’S LICENCE - APPLICATION FOR RENEWAL

PURPOSE OF REPORT

1. To consider an application for the renewal of a Private Hire Driver’s Licence.

REPORT
2. has applied for the renewal of a Private Hire Driver’s Licence ( ) held by
him, for a period of one year.

3. The Chief Constable has made an objection in relation to the application by virtue of information he has provided in relation to the applicant (copy of letter attached).

4. Copies of the application form and driving licence are available for inspection if required.

5. In determining the application, it will be for the committee to decide what weight, if any, it wishes to attach to the objection made by Police Scotland and it’s relevance to the type of licence being applied for.

RECOMMENDATION
6. That the committee determines the application for renewal of a Private Hire Driver’s Licence.

Report Author
Claire M Wilson Senior Business Support Assistant

Local Government (Access to Information) Act 1985
Background Papers
1. Application Form.
2. Applicant’s DVLA Driving Licence
3. Letter from Police Scotland dated 07 September 2021