Public Document Pack

CIVIC GOVERNMENT LICENSING COMMITTEE FRIDAY, 21ST FEBRUARY, 2020

A MEETING of the CIVIC GOVERNMENT LICENSING COMMITTEE will be held in COMMITTEE

ROOMS 2 and 3, COUNCIL HEADQUARTERS, NEWTOWN ST BOSWELLS on FRIDAY, 21

FEBRUARY 2020 at 10.15 a.m.

A 30 minute Training Session will follow the Meeting and will include:-

 Pending Charges  Convictions  Spent Convictions

J. J. WILKINSON, Clerk to the Council,

14 February 2020

BUSINESS

1. Apologies for Absence

2. Order of Business

3. Declarations of Interest

4. Minute (Pages 3 - 4) 2 mins

Minute of Meeting held on 20 December 2019 to be approved and signed by the Chairman. (Copy attached.) 5. Licences issued under Delegated Powers (Pages 5 - 12) 2 mins

(Copy attached.) 6. Items Likely to be Taken in Private

Before proceeding with the private business, the following motion should be approved:

“That under Section 50A(4) of the Local Government () Act 1973 the public be exclude from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 14 of Part 1 of Schedule 7A to the aforementioned Act.” 7. Licensing of Taxi, Private Hire Vehicles and Drivers (Pages 13 - 24) 20 mins Hearing to consider request for Revocation of Taxi Driver Licence. (Copy letter and statements from and Licence Holder’s supporting statement attached.) (Licence Holder cited to attend.)

8. Minute (Pages 25 - 28) 2 mins

Private section of Minute of Meeting held on 20 December 2019 to be approved and signed by the Chairman. (Copy attached.) 9. Any Other Items Previously Circulated

10. Any Other Items which the Chairman Decides are Urgent

NOTES 1. Timings given above are only indicative and not intended to inhibit Members’ discussions.

2. Members are reminded that, if they have a pecuniary or non-pecuniary interest in any item of business coming before the meeting, that interest should be declared prior to commencement of discussion on that item. Such declaration will be recorded in the Minute of the meeting.

Membership of Committee:- Councillors J. Greenwell (Chairman), J. Brown, D. Paterson, N. Richards, S. Scott, R. Tatler, E. Thornton-Nicol, G. Turnbull and T. Weatherston

Please direct any enquiries to Fiona Henderson Tel: 01835 826502 or E-mail: [email protected] Agenda Item 4

SCOTTISH BORDERS COUNCIL CIVIC GOVERNMENT LICENSING COMMITTEE

MINUTE of Meeting of the CIVIC GOVERNMENT LICENSING COMMITTEE held in the Council Chamber, Council Headquarters, Newtown St Boswells on Friday, 20 December 2019 at 11.15 a.m.

Present:- Councillors J. Greenwell (Chairman), J. Brown, D. Paterson, N. Richards, S. Scott, R. Tatler, G. Turnbull, E. Thornton-Nicol, T. Weatherston.

In Attendance:- Managing Solicitor – Property and Licensing, Licensing Team Leader, Licensing Standards and Enforcement Officer (Mr M. Wynne), Democratic Services Officer (F. Henderson), Inspector J. McGuigan and PC J Fortune - Police Scotland.

1.0 MINUTE The Minute of the Meeting of 20 September 2019 had been circulated.

DECISION APPROVED and signed by the Chairman.

2.0 LICENCES ISSUED UNDER DELEGATED POWERS There had been circulated copies of the Civic Government and Miscellaneous Licences issued under delegated powers between 4 September 2019 and 9 December 2019.

DECISION NOTED.

3.0 PRIVATE BUSINESS DECISION AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix to this Minute on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 14 of part 1 of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

4.0 LICENSING OF TAXIS, PRIVATE HIRE VEHICLES AND DRIVERS Hearing to consider request for revocation of Taxi Driver Licence There had been circulated copies of a letter from Police Scotland, dated 28 November 2019, requesting the revocation of a Taxi Driver Licence in terms of paragraph 11(2)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982. Also circulated was a statement from the Taxi Driver concerned. The applicant was present at the meeting and represented by his legal agent. After hearing both parties and requiring further information, the Committee agreed that consideration of the request for revocation be continued to its February meeting. Page 3 5.0 Minute The Private section of the Minute of 20 September 2019 was approved.

The meeting concluded at 11 .45 a.m.

Page 4 CIVIC GOVERNMENT AND MISCELLANEOUS LICENCES ISSUED UNDER DELEGATED POWERS

10 December 2019 - 14 January 2020

NAME OF APPLICANT TYPE OF LICENCE DETAILS ISSUED Peter Hodgson Animal Boarding Establishment Scawmill House, Wilton Dean , 16/12/2019 2 Dogs Rebecca Jess Animal Boarding Establishment Orchard House, High Street , Ayton 03/01/2020 John Wilkinson Animal Boarding Establishment Lyndal, Inchkeith Farm, Lauder 06/01/2020 30 Dogs Heather Noddle Breeding of Dogs Eildon Cottage, Duns Road, Longformacus 16/12/2019 Caroline Dalgleish Breeding of Dogs 4 Milne Graden, East Mains , Coldstream 16/12/2019 St ASAPH Investments Limited House in Multiple Occupation Balgownie House, Buccleuch Road, Hawick 14/01/2020 Page 5 Page 10 Persons Niu Chen Late Hours Catering Renewal - Nams Palace , 2 Drumlanrig Square, Hawick 09/01/2020 Sunday to Wednesday 11.00pm - 12.00midnight Thursday 11.00pm - 12.30am Friday and Saturday 11.00pm - 2.00am Susan Bucci Late Hours Catering Renewal - Fish And Chip Shop, 13 Howegate, Hawick 09/01/2020 Sunday to Wednesday 11.00pm - 12.00midnight Thursday 11.00pm - 12.30am

Friday and Saturday 11.00pm - 2.00am Agenda Item 5 Alison Wilson Public Charitable Collection Macmillan Cancer Support - Peebles 08/01/2020 Annual Tractor Run - Saturday 16 May 2019 Peebles Community Trust Public Entertainment Grant - 3 Year - Old Peebles Ex Servicemen's Club , School Brae , Peebles 11/12/2019 Sunday to Wednesday 8.00am - 12.00midnight Thursday to Saturday 8.00am - 1.00am Lanton Village Hall Public Entertainment Grant - 3 Year - Village Community Hall , Lanton , Jedburgh , TD8 6SX 19/12/2019 Sunday to Thursday 8.00am - 12.00midnight Friday and Saturday 8.00am - 1.00am Hutton Village Hall Trust Public Entertainment Renewal - 3 Year - Hutton Village Hall , Hutton 18/12/2019 Sunday to Thursday 8.00am - 12.00midnight Friday and Saturday 8.00am - 1.00am Andrew Isles Riding Establishments Marden , Duns 17/12/2019 6 Horses Wm Morrison Supermarkets PLC Late Hours Catering Material Change - Morrison Supermarket Plc , Hawick 17/12/2019 Supermarket 11.00pm - 12.00midnight Petrol Station 11.00pm - 5.00am Riccardo Crolla Late Hours Catering Temporary Material Change - Rendevous Chip Shop, 21 Horsemarket, Kelso 19/12/2019 Thursday 19 December 2019 11.00pm - 1.00am Friday 20 to Sunday 22 December 2019 11.00pm - 2.00am Monday 23 December 2019 11.00pm - 12.00midnight Tuesday 24 to Sunday 29 December 2019 11.00pm - 2.00am Monday 30 December 2019 11.00pm - 12.00midnight Tuesday 31 December 2019 11.00pm - 2.00am

Page 6 Page Wednesday 1 January 2020 11.00pm - 2.00am Thursday 2 January 2020 11.00pm - 1.00am

Sanghatpur Gate Late Hours Catering Temporary Material Change - 70 Overhaugh Street , Galashiels 19/12/2019 Tuesday 31 December 2019 11.00pm - 3.00am Wednesday 1 January 2020 11.00pm - 3.00am Ivy Gao Late Hours Catering Temporary Material Change - New Lam Wah Ltd , 5 High Street , Hawick 19/12/2019 Thursday 19 December 2019 11.00pm - 1.00am Friday 20 and Saturday 21 December 2019 11.00pm - 3.00am Sunday 22 and Monday 23 December 2019 11.00pm - 12.00midnight Tuesday 24 and Wednesday 25 December 2019 11.00pm - 1.00am Thursday 26, Friday 27 and Saturday 29 December 2019 11.00pm - 3.00am Sunday 29 and Monday 30 December 2019 11.00pm - 12.00midnight Tuesday 31 December 2019 11.00pm - 3.00am Wednesday 1 January 2020 11.00pm - 1.00am

Mr Stuart Ramsay Performing Animals Velvet Hall, Innerleithen 06/01/2020 Douglas Whitson Skin Piercing/Tattoo Grant - 1 Year - U-Stor Business Units, Unit 9-6 , Spylaw Road, Kelso 19/12/2019 Monday, Tuesday and Thursday 6.30pm - 9.00pm Friday 9.00am - 6.00pm Saturday 9.00am - 12.00noon Acupuncture Kathryn Irvine Street Trader Grant - Catering Trailer 11/12/2019 Unit 4, Duns Industrial Estate Monday to Saturday 7.00am - 2.00pm Sale of Hot and Cold Food and Beverages Pittaya Luempit Street Trader Licence Grant - Box Trailer 24/12/2019 Bookdoners, Block 18 Tweedbank Industrial Estate, Tweedbank Monday to Sunday 8.00am - 10.00pm Sale of Hot Food Mandeep Singh Taxi Driver Licence Grant - 2/TD37 20/12/2019 Lisa Davidson Taxi Driver Licence Grant - 2/TD51 18/12/2019 Stuart 7 Page Paton Taxi Driver Licence Grant - 2/TD52 16/12/2019 Graeme Geddes Taxi Driver Licence Renewal - 1/TD12 20/12/2019 David Firth Taxi Driver Licence Renewal - 2/TD74 18/12/2019 Iain Waldie Taxi Driver Licence Renewal - 2/TD100 11/12/2019 John MacKintosh Taxi Driver Licence Renewal - 2/TD154 08/01/2020 Bernadett Huszka Taxi Driver Licence Renewal - 2/TD335 18/12/2019 Steven Wylie Taxi Driver Licence Renewal - 3/TD38 14/01/2020 Ian Shackleton Taxi Driver Licence Renewal - 3/TD99 10/12/2019 John Pearson Taxi Driver Licence Renewal - 3/TD112 06/01/2020 Doreen Riley Taxi Driver Licence Renewal - 3/TD146 18/12/2019 Andrew Graham Taxi Driver Licence Renewal - 4/TD1 18/12/2019 Karen Stennett Taxi Driver Licence Renewal - 4/TD28 18/12/2019 Derek Brown Taxi Vehicle Licence Grant - 2/TV22 - Grey Dacia Logan SP66 XAZ - 4 Passengers 18/12/2019 Mark Stennett Taxi Vehicle Licence Grant - 4/TV40 - White Vauxhall Vivaro VU63 LGN - 8 Passengers 13/01/2020 Steven Wylie Taxi Vehicle Licence - Wheelchair Grant - 3/TV51 - Black London Taxi LB56 EZD - 5 Passengers 14/01/2020 Accessible Douglas Purves Taxi Vehicle Licence Renewal - 2/TV3 - Silver Vauxhall Vivaro DU15 ZWM - 8 Passengers 18/12/2019 Adam Rutkowski Taxi Vehicle Licence Renewal - 3/TV39 - Silver Ford Galaxy AK61 YCX - 6 Passengers 20/12/2019 This page is intentionally left blank CIVIC GOVERNMENT AND MISCELLANEOUS LICENCES ISSUED UNDER DELEGATED POWERS

15 January - 5 February 2020

NAME OF APPLICANT TYPE OF LICENCE DETAILS ISSUED Mark Stewart Animal Boarding Establishment Q's Cat Motel, Hardwicke, High Street, Ayton 22/01/2020 26 Cats Jill Ritchie Animal Boarding Establishment Linnburn Farmhouse, Peebles 22/01/2020 20 Dogs and 6 Cats Lesley Wilkie Animal Boarding Establishment Drakemire Farmhouse, Grantshouse 21/01/2020 16 Dogs Amanda Scarborough Animal Boarding Establishment 41 Foulden, Newton Holding 24/01/2020 24 Cats Page 9 Page Stephanie Anderson Animal Boarding Establishment Fingerpost, Hyndsidehill, Westruther 24/01/2020 38 Dogs Andrew Poole Cinema Licence Pavilion Cinema, Galashiels 28/01/2020 Belinda Nunn House in Multiple Occupation 18 Market Street, Galashiels 22/01/2020 3 Persons Belinda Nunn House in Multiple Occupation 34 Market Street , Galashiels 22/01/2020 4 Persons Belinda Nunn House in Multiple Occupation 24 Market Street , Galashiels 22/01/2020 3 Persons Colin Green House in Multiple Occupation 4 Langlee Drive, Galashiels 16/01/2020 4 Persons Eildon Housing Association House in Multiple Occupation 1 Huntlyburn Terrace , Melrose 22/01/2020 3 Persons Eildon Housing Association House in Multiple Occupation 2 Huntlyburn Terrace , Melrose 21/01/2020 3 Persons Joyce MacLeod and Alison Morrill House in Multiple Occupation 61 High Buckholmside, Galashiels 22/01/2020 5 Persons Joyce MacLeod and House in Multiple Occupation 32 St John Street, Galashiels 22/01/2020 Alison Morrill 4 Persons Brothers Of Charity (Scotland) House in Multiple Occupation Renewal - 1 St Aidan's Court, Gattonside 28/01/2020 4 Persons Brothers Of Charity (Scotland) House in Multiple Occupation Renewal - 7 St Aidan's Court , Gattonside 28/01/2020 3 Persons Brothers Of Charity (Scotland) House in Multiple Occupation Renewal - 5/6 St Aidan's Court , Gattonside 28/01/2020 3 Persons Waukrigg Development Co Ltd House in Multiple Occupation Renewal - 26 Sime Place, Galashiels 28/01/2020 4 Persons McDonald's Restaurants Limited Late Hours Catering Material Change - McDonalds Restaurant , Wilderhaugh , Galashiels 17/01/2020 and Sean Graton Monday to Sunday 11.00pm - 12.00midnight John Lumsden Private Hire Driver Renewal - 4/PD9 27/01/2020 SSAFA Public Charitable Street Collections: 16/01/2020 Melrose - Friday 24 April 2020 Galashiels - Friday 22 May 2020 Peebles - Friday 19 June 2020 Page 10 Page Kelso - Friday 18 September 2020 Jedburgh - Friday 16 October 2020 Alzheimer Scotland Public Charitable Street Collection - Harestanes Country Visitor Centre 27/01/2020 Sunday 27 September 2020 Rotary Club of Duns Public Charitable Street Collection - Market Square and Co-op, Duns 29/01/2020 Saturday 11 April 2020 Braw Lads' Gathering Public Charitable Street Collections - Galashiels 04/02/2020 Friday 24 April 2020 Wednesday 24 - Saturday 27 June 2020 British Heart Foundation Public Charitable Street Collections - Kelso Square 04/02/2020 Week Ending 15 February 2020 and 22 February 2020 Muscle Factory Gym Kelso Ltd Public Entertainment Renewal - 1 Year - Commercial - Spylaw Road , Kelso 29/01/2020 Monday to Friday 7.00am - 9.00pm Saturday and Sunday 8.00am - 1.30pm Paxton Village Hall Public Entertainment Renewal - 3 Year - Village Hall , Paxton 29/01/2020 Sunday to Saturday 8.00am - 12.00midnight Quadcare Ltd Second Hand Dealers Renewal - Midburn, Oxton, Nr Lauder 28/01/2020 Monday to Friday 8.00am - 5.00pm Saturday 8.00am - 12.00noon Sale of motor vehicles, motor cycles, mopeds, trailers & parts thereof Sophie Jarzyna Street Trader Grant - Ford Transit HN60 AHU (Ice Cream Van) 16/01/2020 Hawick, Bonchester Bridge, Denholm and Surrounding Rural Area and at Events/Festivals throughout SBC Area Sunday to Saturday 7.00am - 11.00pm Sale of Ice Cream, Confectionary and Soft Drinks Joanne Patterson Street Trader Renewal - Vauxhall Movano FP63 XAT 29/01/2020 Monday to Sunday 9.00am - 10.00pm Various locations and events throughout SBC Area Sale of fish and chips, ice cream, hot and cold food John Mackay Street Trader Renewal - Vauxhall Movano FP63 XAT 29/01/2020 Monday to Sunday 9.00am - 10.00pm Page 11 Page Various locations and events throughout SBC Area Sale of fish and chips, ice cream, hot and cold food Ryan Knight Street Trader Renewal - Catering Trailer/Kiosk (t/a The Burger Bar) 28/01/2020 Monday to Friday 7.30am - 2.00pm Burnfoot Industrial Estate, Hawick Monday to Sunday 7.00am - 11.00pm Events and Festivals throughout SBC Area Sale of Fast Food and Drinks Risotto2Go Street Trader Temporary - Pavement at Eastgate Theatre, Eastgate, Peebles 15/01/2020 Friday 24 January 2020 5.00pm - 9.00pm Saturday 25 January 2020 11.00am - 9.00pm Sunday 26 January 2020 12.00noon - 6.00pm Sale of Risotto, Soup and Gluten-Free Pasta Isla Morgan Street Trader Temporary - Mobile Catering Unit (Trailer) 31/01/2020 Monday 3 February to Sunday 15 March 2019 7.00am - 2.00pm Land at Ink Bottle Lodge, Greenlaw Sale of hot and cold food, snacks and beverages Selina Scott Street Trader Employee Grant - Vauxhall Movano FP63 XAT 29/01/2020 Monday to Sunday 9.00am - 10.00pm Various locations and events throughout SBC Area Sale of fish and chips, ice cream, hot and cold food Lewis Mackay Street Trader Employee Grant - Vauxhall Movano FP63 XAT 29/01/2020 Monday to Sunday 9.00am - 10.00pm Various locations and events throughout SBC Area Sale of fish and chips, ice cream, hot and cold food Janette Leitch Taxi Driver Licence Renewal - 1/TD22 15/01/2020 Piotr Jakubowski Taxi Driver Licence Renewal - 2/TD35 28/01/2020 Robert Cleghorn Taxi Driver Licence Renewal - 2/TD39 24/01/2020 Jason Barnett Taxi Driver Licence Renewal - 2/TD109 17/01/2020 Darren Benson Taxi Driver Licence Renewal - 2/TD121 31/01/2020 Sarah Holland Taxi Driver Licence Renewal - 3/TD20 03/02/2020 Daniel Krata Taxi Driver Licence Renewal - 3/TD27 05/02/2020 James 12 Page Robertson Taxi Driver Licence Renewal - 3/TD33 29/01/2020 Brian Hogg Taxi Driver Licence Renewal - 3/TD34 27/01/2020 Adam Hirst Taxi Driver Licence Renewal - 3/TD45 27/01/2020 Robbie Aston Taxi Driver Licence Renewal - 3/TD104 16/01/2020 Nicola Raton Taxi Driver Licence Renewal - 4/TD7 15/01/2020 Edward McGreevy Taxi Driver Licence Renewal - 4/TD24 22/01/2020 Steven Balmbra Taxi Driver Licence Renewal - 4/TD45 22/01/2020 Craig Balmbra Taxi Driver Licence Renewal - 4/TD46 22/01/2020 Steven Balmbra Taxi Vehicle Licence Grant - 4/TV10 - Silver Ford Focus SJ62 DYG - 4 Passengers 22/01/2020 Keith Gibb Taxi Vehicle Licence Grant - 4/TV22 - Beige Renault Traffic FG67 MYS - 8 Passengers 31/01/2020 John King Taxi Vehicle Licence Renewal - 3/TV102 - Silver Kia Sorento PJ12 UUW - 6 Passengers 28/01/2020 Michael Woolis Venison Dealers Licence Blacklee Cottage, Blacklee Brae , Bonchester Bridge 23/01/2020 Agenda Item 7

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