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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 Skin Piercing Licence: SPTL/042 (New) – Reid & Reid (Hairdressing) Limited
The Committee, at its meeting held on 10 January 2018, 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. At its meeting on 7 February 2018, the Committee agreed to continue consideration of the application to the next meeting.
The applicant, having been duly cited to attend, was not present or represented. However, reference was made to a written submission by the applicant.
The Solicitor (Licensing) addressed the Committee on the background to the hearing. The Team Manager (Food /Health & Safety) also addressed the Committee on outstanding issues following a recent inspection. Members asked questions of the officers and received clarification on the points raised.
Decision
Councillor Ferguson, seconded by Councillor McNicol moved that the Committee (a) continue consideration of the application to the next meeting and (b) note that, in the event of the outstanding issues in respect of the application being resolved in the meantime, the application would be determined by officers under delegated powers. There being no amendment, the motion was declared carried.
4.2 Taxi Driver's Licence: TDL/00064 – Samuel Dean
The licence holder, having been duly cited to attend, was present and accompanied by a friend.
The Solicitor (Licensing) set out the background to the Ordinary Suspension Hearing, as previously intimated in writing to the licence holder. The representatives of Police Scotland then addressed the Committee on a letter setting out a request for an Ordinary Suspension in terms of Paragraph 11(2)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982. Thereafter, the applicant addressed the Committee on the issues raised and responded to questions.
Decision
Councillor Barr, seconded by Councillor Easdale, moved that the Committee continue consideration of the matter to a future meeting, pending the outcome of legal proceedings against the licence holder. There being no amendment, the motion was declared carried.
4.3 Taxi Driver's Licence: TDL/01253 (New) – Scott Seymour
The applicant, having been duly cited to attend, was not present, but was represented by his parents. Representatives of Police Scotland were also in attendance.
The representatives of Police Scotland addressed the Committee on a letter setting out a representation in respect of the application. The applicant’s representative then addressed the Committee on the issues raised and responded to questions.
Decision
Councillor McClung, seconded by Councillor McTiernan, 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 three years. There being no amendment, the motion was declared carried.
4.4 Taxi Driver’s Licence: TDL/01935 (New) - Andrew Watt
The applicant, having been duly cited to attend, was present. Representatives of Police Scotland were also in attendance.
The representatives of Police Scotland addressed the Committee on a letter setting out a representation in respect of the application. The applicant then addressed the Committee on the issues raised and responded to questions.
Decision
Councillor Donald L. Reid, seconded by Councillor Barr, 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 three years. There being no amendment, the motion was declared carried.
4.5 Taxi Driver’s Licence: TDL/02076 (New) - Shaun Blakely
The Committee, at its meeting held on 7 February 2018, 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. Representatives of Police Scotland were also in attendance.
The representatives of Police Scotland addressed the Committee on a letter setting out a representation in respect of the application. The applicant then addressed the Committee on the issues raised and responded to questions.
Decision
Councillor Barr, seconded by Councillor Ferguson, 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.
The representatives of Police Scotland left the meeting at this point.
4.6 Taxi Driver’s Licence: TDL/02080 (New) - Khalid Mahmood
The Committee, at its meeting held on 7 February 2018, 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 applicant addressed the Committee on the issues raised and responded to questions.
Decision
Councillor Barr, seconded by Councillor McTiernan, 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.
Councillor Easdale left the meeting at this point.
4.7 Late Hours Catering Licence: LHCL/127 (New) - Pizza Cake (Stevenston) Limited
The Committee, at its meeting held on 7 February 2018, 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 company, having been duly cited to attend, represented by an office-bearer.
The applicant addressed the Committee on the issues raised and responded to questions.
The applicant then withdrew to allow the Committee to deliberate, returning to hear the Committee's decision.
Decision
Councillor McTiernan, seconded by Councillor Ferguson, moved that the application on behalf of Pizza Cake (Stevenston) Limited be granted for the period from 11.00 p.m. until 1.00 a.m., Monday – Friday, subject to conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) 1982. There being no amendment, the motion was declared carried.
The Committee then adjourned for a short comfort break at 11.20 a.m. reconvening at 11.30 a.m. with the same Elected Members and Officers present and in attendance.
Thereafter, the Chair, in terms of Standing Order 9.3, agreed to vary the order of business to allow consideration of Appendix C to the report at this point.
PART C: Issues in respect of existing Licences and Permits
4.8 Booking Office Licence: BOL/018 - Elaine Connor
The Senior Manager, Legal Services, addressed the Committee on the background to a letter of complaint received in respect of the operation of the Booking Office Licence.
Councillor Ferguson, seconded by Councillor McTiernan, moved that, on the basis of the information presented, the Committee proceed to a Hearing under Paragraphs 11(7) and 10(2) of Schedule 1 of the Civic Government (Scotland) Act 1982. There being no amendment, the motion was declared carried.
Part A: Hearings
4.9 Temporary Public Entertainment Licence: PEL/526 (Temp) - Wesley Smith
The applicant, having been duly cited to attend, was present. The applicant has applied for a temporary Public Entertainment Licence for the whole of the car park at “The Braes”, Saltcoats, for the period from 29 March 2018 to 2 April 2018:-
Thursday 29 March: 6.00 p.m. – 9.00 p.m.
Friday 30 March: 1.00 p.m. – 9.00 p.m.
Saturday 31 March 1.00 p.m. - 9.00 p.m.
Sunday 1 April 1.00 p.m. – 9.00 p.m.
Monday 2 April 1.00 p.m. – 9.00 p.m.
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 for a temporary Public Entertainment Licence be granted, subject to the Council's standard conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982, with the licence differing from the applicant’s proposal as follows:-
(a) hours:
Thursday 29 March: 6.00 p.m. - 9.00 p.m.
Friday 30 March: 1.00 p.m. – 9.00 p.m.
Saturday 31 March: 1.00 p.m. – 9.00 p.m.
Sunday 1 April: 1.00 p.m. – 9.00 p.m.
Monday 2 April: 1.00 p.m. – 6.00 p.m.
and (b) location: the licence would only grant permission to use the part of the car park to the east of the access road from “The Braes”, instead of the whole car park.
There being no amendment, the motion was declared carried.
4.10 Skin Piercing and Tattoo Licence: SPTL/026 (Renewal) - Kirsty Mackison
The Committee, at its meeting held on 7 February 2018, 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 Solicitor (Licensing) advised the Committee that the matters which were to have been the subject of a hearing had been resolved and the licence granted under delegated powers.
Decision
Noted.
4.11 Taxi Driver’s Licence: TDL/02000 (Renewal) - Bernard Brannigan
The Committee, at its meeting held on 7 February 2018, 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 not present or represented. The Committee was satisfied that the applicant had been duly cited and proceeded to determine the case in his absence.
Decision
Councillor Barr, seconded by Councillor Ferguson, moved that the application be refused in terms of Paragraph 5(3)(a)(ii) of Schedule 1 to the Civic Government (Scotland) Act 1982 on the ground that the applicant was not a fit and proper person to be the holder of the licence. There being no amendment, the motion was declared carried.
4.12 Taxi Driver’s Licence TDL/02078 (New) - Brahim Sensri
The Committee, at its meeting held on 7 February 2018, 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 applicant addressed the Committee on the issues raised and responded to questions.
Decision
Councillor Donald L. Reid, seconded by Councillor McClung, 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.
4.13 Taxi Licence: TL/420 (New) - Andrew Brannan
The applicant, having been duly cited to attend, was present and accompanied by his partner.
The applicant addressed the Committee on the issues raised and responded to questions.
Decision
Councillor Ferguson, seconded by Councillor Donald L Reid, moved that the Committee (a) should treat the particular application as an exception to the Council's Taxi Numbers Limitation Policy under Section 10(3) of the Civic Government (Scotland) Act 1982; and (b) that authority should be delegated to the Solicitor (Licensing) to grant and issue the Licence if and when satisfied under Section 10(2) as to the safety, suitability and insurance of the proposed vehicle.
4.14 Temporary Public Entertainment Licence: PEL/527 (Temp) - William Newsome
The applicant, having been duly cited to attend, was present. The applicant had applied for a temporary Public Entertainment Licence for Central Avenue Park, Ardrossan for the period Wednesday 14 March to Sunday 18 March 2018:
Wednesday 6.00 pm - 9.00 pm
Thursday 6.00 pm - 9.00 pm
Friday 6.00 pm - 9.00 pm
Saturday 1.00 - 9.00 pm
Sunday 1.00 - 6.00 pm
The applicant, having been duly cited to attend, was present.
The applicant addressed the Committee on the issues raised and responded to questions.
The applicant then withdrew to allow the Committee to deliberate, returning to hear the Committee's decision.
Decision
Councillor McClung, seconded by Councillor McNicol moved that the application for a temporary Public Entertainment Licence be refused on the grounds stated in Paragraph 5(3)(c)(i), (iv) and (v) of Schedule 1of the Civic Government (Scotland) Act 1982.
As an amendment, Councillor Donald L. Reid, seconded by Councillor Ferguson, moved that the application be granted for the period and location requested, subject to (a) the Council’s standard conditions in terms of Paragraph 5(1)(a) of Schedule 1 to the Civic Government (Scotland) Act 1982, and (b) the entrance being relocated to the northern part of the site, to the satisfaction of officers.
On a division, there voted for the amendment 5 and for the motion 3, and the amendment was declared carried.
Accordingly, the Committee agreed to grant the application for a temporary Public Entertainment Licence for the period and location required, subject to (a) the Council's standard conditions in terms of Paragraph 5(1)(a) of Schedule 1 to the Civic Government (Scotland) Act 1982 and (b) the entrance being relocated to the northern part of the site, to the satisfaction of officers.
PART B: Applications for Grant/Renewal of Licences
4.15 Skin Piercing and Tattooing Licence (Amendment) - Andrew Melvin
The Committee unanimously agreed, on the basis of the information presented, (a) to proceed to a Hearing in terms of Paragraph 9(2) of Schedule 1 to the Civic Government (Scotland) Act 1982 and (b) to proceed to a Hearing under Paragraph 11(7) of Schedule 1 to the Civic Government (Scotland) Act 1982.
4.16 Taxi Driver’s Licence: TDL/00190 (Renewal) - Raymond Potts
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.
4.17 Taxi Driver’s Licence: TDL/01121 (New) – Paul Forbes
The Committee unanimously agreed, on the basis of the information presented, 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.
4.18 Taxi Driver’s Licence: TDL/02086 (New) – Fazal Hussain
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.
4.19 Taxi Operator’s Licence: TL/050 (Renewal) - Kevin Blades
The Committee unanimously agreed, on the basis of the information presented, 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.