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Submitted report by the Chief Executive on hearings to be determined and applications for the grant or renewal of licences and permits, in terms of the Civic Government (Scotland) Act 1982.
PART A: Hearings
4.1 Taxi Driver's Licence: TDL/00792 (Renewal) - George Williams
The Committee, at its meeting held on 29 November 2017, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.
The applicant, having been duly cited to attend, was present.
The representatives of Police Scotland addressed the Committee on a letter setting out an observation in respect of the application and a further letter containing an observation.
Thereafter, the applicant addressed the Committee on the issues raised and responded to questions.
Decision
Councillor Gallacher, seconded by Councillor Donald L. Reid, moved that the application be granted in terms of Schedule 5(1)(a) of Schedule 1 of the Civic Government (Scotland) 1982 for a period of one year. There being no amendment, the motion was declared carried.
4.2 Taxi Driver's Licence: TDL/02068 (New) - Douglas McGuire
The Committee, at its meeting held on 29 November 2017, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.
The applicant, having been duly cited to attend, was present.
The Solicitor (Licensing) addressed the Committee on the background to the hearing as previously intimated in writing to the applicant. Thereafter, the applicant addressed the Committee on the issues raised and responded to questions.
The applicant and representatives of Police Scotland then withdrew to allow the Committee to deliberate, returning to hear the Committee's decision.
Decision
Councillor McClung, seconded by Councillor Donald L. Reid, moved that the application be granted in terms of Schedule 5(1)(a) of Schedule 1 of the Civic Government (Scotland) 1982 for a period of one year. There being no amendment, the motion was declared carried.
4.3 Taxi Driver's Licence: TDL/02062 (New) - Craig Moffat
The Committee, at its meeting held on 29 November 2017, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.
The applicant, having been duly cited to attend, was present.
The Solicitor (Licensing) addressed the Committee on the background to the hearing. As previously intimated in writing to the applicant. Thereafter, the applicant addressed the Committee on the issues raised and responded to questions.
Decision
Councillor Barr, seconded by Councillor Donald L. Reid, moved that the application be granted in terms of Schedule 5(1)(a) of Schedule 1 of the Civic Government (Scotland) 1982 for a period of one year. There being no amendment, the motion was declared carried.
4.4 Late Hours Catering Licence: LHCL/116 (Renewal) - Mascot Ltd
The Committee, at its meeting held on 29 November 2017, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.
The applicant, having been duly cited to attend, was represented by Mahmood Saleem, Director, accompanied by a Solicitor.
The Solicitor (Licensing) addressed the Committee on the background to the hearing as previously intimated in writing to the applicant. The applicant’s solicitor addressed the Committee on the issues raised and responded to questions.
Decision
The Committee unanimously agreed to grant the application, for the period 11.00 p.m. to 5.00 a.m., in terms of Paragraph 5(1)(a) of Schedule 1 to the Civic Government (Scotland) Act 1982, subject to conditions applied under Paragraph 5(2): (a) the Council's Standard Conditions and (b) a further condition, that no hot food be sold, or facilities for heating food used (whether by staff or customers), after 1.00 a.m.
4.5 Taxi Licence and Taxi Driver's Licence: TL/194 & TDL/01355 - Michael Ferguson
The Committee, at its meeting held on 1 November 2017, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 11(7) of Schedule 1 of the Civic Government (Scotland) Act 1982. The licence holder, having been duly cited to attend that meeting, was unable to be present, and the Committee unanimously agreed to continue consideration of the matter to the next meeting to allow the licence holder to attend.
The licence holder, having been duly cited to attend, was present.
The Enforcement Officer addressed the Committee on the background to the matter. Thereafter, the licence holder addressed the Committee on the issues raised and responded to questions.
The licence holder then withdrew to allow the Committee to deliberate, returning to hear the Committee's decision.
Decision
Councillor Barr, seconded by Councillor McTiernan, moved, in respect of Taxi Licence TL/194 and Taxi Driver's Licence/01355 held by Michael Ferguson, that the grounds of suspension (Civic Government (Scotland) Act 1982, Schedule 1, Paragraphs 11(2)(a) and (d)) should be held established, but that no Suspension should be imposed. There being no amendment, the Motion was declared carried.
The Committee considered that in the circumstances the licence-holder should be sent a written warning about his future conduct and be advised (a) that his failure to comply with a condition of his Taxi Licence on 19 August 2017 after a suspension hearing on 15 March 2017 relating to a failure to observe the same condition might be considered by the Committee when he later sought the grant or renewal of any Licence (whether or not that future Application concerned the two Licences which were the subject of the present hearing) and (b) that the circumstances considered on 10 January 2018 could be taken into account if the Committee dealt with any future Suspension proceedings involving the licence holder.
PART B: Applications for Grant/Renewal of Licences
4.6 Street Trader Employee Licence: STL/E/116 (Renewal) - Angela Gilgannon
The Committee unanimously agreed to grant the application in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982 for a period of three years.
4.7 Tattooing Licence: SPTL/042 (New) - Reid & Reid (Hairdressers) Limited
The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.
4.8 Taxi Driver's Licence: TDL/00462 (New) - Matthew Imrie
The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.
4.9 Taxi Driver's Licence: TDL/00731 (Renewal) - Steven Kelly
The Committee unanimously agreed to grant the application in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982 for a period of three years.
4.10 Taxi Driver's Licence: TDL/01876 (Renewal) - Alessandro Gavazzeni
The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.
4.11 Taxi Driver's Licence: TDL/02067 (New) - James Ross
The Committee unanimously agreed to grant the application in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982 for a period of one year.
4.12 Taxi Driver's Licence: TDL/02074 (New) - John McDowall
The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.
4.13 Taxi Licence: TL/420 (New) - Andrew Brannan
The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.