The Civic Government Licensing Panel convened to address several licensing matters, including a House in Multiple Occupation (HMO) application that drew significant local concern. The panel approved a late hours catering license renewal for a Shell petrol station, and granted a new HMO license for 97 Queen Street, Dumfries. Additionally, they deferred a decision on a taxi driver's license and refused a taxi operator's license.

Housing (Scotland) Act 2006 - Part 5: Application for a New House in Multiple Occupation Licence for 97 Queen Street, Dumfries

The panel approved an application for a new HMO licence for 97 Queen Street, despite objections from local residents. Councillor Ivor Hyslop, Chair of the meeting, declared an interest due to a close family friendship with one of the objectors and recused himself from the discussion and vote. Councillor Tracey Little, Chair of the Education, Skills and Wellbeing Committee, then took over as chair for this item.

Adam Black, Team Leader – Housing Standards, presented the application from Saqib Holdings Ltd, along with 11 letters of objection. Saqib Abbas, representing the applicant company, addressed the panel, as did objectors Robert Rome, Peter Drennan, Joyce Jankiewicz, Janet Caven, Anne McHallum, and Neil and Vanda Hamilton.

Key points from the report on the HMO application:

• The property is a four-story mid-terrace building in a residential area near Dumfries town centre.
• The application is for a maximum of five occupants in four bedrooms, with shared facilities.
• The applicant intends to enter into a commercial waste contract.
• The property had been empty since October 2023 and has been refurbished.
• A site notice was displayed for the required 21 days, and the Licensing Manager was satisfied it was readable by the public.
• Police Scotland, the Scottish Fire and Rescue Service, and council departments for planning, building standards and environmental standards raised no objections.
• The council declared a housing emergency on 27 June 2024. There are currently 117 licensed HMOs in Dumfries and Galloway, providing accommodation for 812 occupants.

Objectors raised concerns including:

• Overprovision: Robert Rome argued that granting the licence would result in seven licensed HMOs in a small area, which he claimed was disproportionate and went against the concerns expressed by council members in 2005. He referenced a motion passed in 2005 requesting that all new HMO applications in the area be determined by committee due to the lack of an overprovision policy¹.
• Impact on Community: Objectors like Peter and June Drennan cited the area's improved reputation and the community's desire to avoid a return to the days when it was known for antisocial behaviour and crime. They argued the property would be better suited to housing a family.
• Noise and Disturbance: Concerns were raised about potential noise from tenants, particularly late at night, given the property's construction as a Victorian townhouse with limited soundproofing.
• Waste Management: Residents worried about increased waste and the potential for seagulls to scatter rubbish.
• Parking: Several objectors noted existing parking problems and the potential for the HMO to exacerbate the issue.

Saqib Abbas, director of Saqib Holdings Ltd, responded to the objections, stating that the property is intended for working professionals, such as doctors and nurses, and that he would personally vet all tenants and provide a direct point of contact for neighbours. He also stated that a contract had been arranged with Oakbank for weekly private bin lifts, in addition to council collections, and that tenants would be required to comply with waste rules.

Appendices to the HMO report included a location map, photographs of the site notice, a confirmation of display of site notice, a police response, and the objections themselves.

Civic Government (Scotland) Act 1982 (S42) - Application: Renewal of Late Hours Catering Licence - Applicant: Shell UK Oil Products Limited - Premises: Shell Collin, Annan Road, Collin, Dumfries

The panel considered an application from Shell UK Oil Products Limited for the renewal of a late hours catering licence for Shell Collin, Annan Road, Dumfries. Andrew Hunter, agent for the applicant, addressed the panel.

The report noted that the requested hours (11pm to 5am, Monday to Sunday) were outside the current Nithsdale Late Hours Catering Policy Hours (11pm to 1am, Monday to Sunday). However, Police Scotland, the Scottish Fire and Rescue Service, and Environmental Standards had no objections.

The panel agreed to grant the licence for three years.

Civic Government (Scotland) Act 1982 (1982 Act): Application for Grant of a Taxi Operator's Licence

The panel considered an application for a taxi operator's licence. After hearing from the applicant and a representative of the Chief Constable, the panel voted to refuse the application. The grounds for refusal were that the applicant was not considered a fit and proper person to hold a taxi operator's licence due to alleged offences detailed in a police objection letter and currently under police investigation. The panel also noted that granting the licence would give the applicant access to individuals' names, addresses, and telephone numbers.

Civic Government (Scotland) Act 1982 (1982 Act): Application for Grant of a Taxi Driver's Licence

The panel considered two applications for taxi driver's licences.

One applicant was not present at the meeting, despite confirming their attendance. The panel agreed to defer consideration of the application to a future meeting to allow the applicant to attend.

The panel considered the second application after hearing from the applicant and the Chief Constable's representative. They agreed to grant the licence for three years.

Other Business

There was no other business deemed urgent by the Chair.

The panel agreed to exclude the public from the meeting for the discussion of the taxi licensing applications, in accordance with the Local Government (Scotland) Act 1973².