AGENDA ITEM CORPORATE SERVICES (LICENSING) SUB − 22 April 2015

Motherwell, 22 April 2015 at 10 am. A Meeting of the CORPORATE SERVICES (LICENSING) SUB−COMMITTEE

PRESENT

Councillor W. Hogg, Convener; Councillors Irvine, Majid and Nolan.

CHAIR

Councillor W. Hogg (Convener) presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Acting Managing Solicitor (Licensing and Litigation).

ALSO IN ATTENDANCE

Sergeant McGovern, Police Scotland.

In respect of item 5 − Environmental Health Manager. APOLOGIES

Councillors Clinch, Farooq, Love, McVey and P.O'Rourke.

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

1. No declarations were made.

It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 6 and 14 of Part I of Schedule 7A of the Act.

HEARINGS

The Convener exercised his discretion to vary the order of business as hereinafter Minuted.

(1) LATE HOURS CATERING LICENCE − NEW APPLICATIONS (a) PARKS OF HAMILTON (TOWNHEAD GARAGE LIMITED)

2. The Acting Managing Solicitor advised (1) that an application (tabled) by Parks of Hamilton (Townhead Garage Limited) for a Late Hours Catering Licence in respect of the premises at 76 Newarthill Road, Carfin had been received, and (2) of the background relative thereto.

The Sub−Committee then heard Ian Mackay, Group Operations Director, Parks of Hamilton (Townhead Garage Limited) speak in respect of the application. CORPORATE SERVICES (LICENSING) SUB − 22 April 2015

Thereafter, Ian Mackay and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

Ian Mackay and the representative of the Police were then re−admitted to the meeting.

Decided: that the application by Parks of Hamilton (Townhead Garage Limited) for a Late Hours Catering Licence in respect of the premises at 76 Newarthill Road, Carfin, be granted on the condition that no hot food be sold.

(b) PARKS OF HAMILTON (TOWNHEAD GARAGE LIMITED)

3. The Acting Managing Solicitor advised (1) that an application (tabled) by Parks of Hamilton (Townhead Garage Limited) for a Late Hours Catering Licence in respect of the premises at 228−232 Hamilton Road, Motherwell had been received, and (2) of the background relative thereto.

The Sub−Committee then heard Ian Mackay, Group Operations Director, Parks of Hamilton (Townhead Garage Limited) speak in respect of the application.

Thereafter, Ian Mackay and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

Ian Mackay and the representatives of the Police were then re−admitted to the meeting.

Decided: that the application by Parks of Hamilton (Townhead Garage Limited) for a Late Hours Catering Licence in respect of the premises at 228−232 Hamilton Road, Motherwell, be granted, on the condition that no hot food be sold.

(2) PRIVATE HIRE CAR DRIVER'S LICENCE − RENEWAL − STEPHEN MARSHALL

4. The Acting Managing Solicitor advised (1) that an application (tabled) by Stephen Marshall for the renewal of his Private Hire Car Driver's Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Sub−Committee then heard Sergeant McGovern outline the Chief Constable's objection to the application and Stephen Marshall speak in support of his application.

Thereafter, the applicant and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant and the representative of the Police were then re−admitted to the meeting.

Decided: that consideration of the application by Stephen Marshall for the renewal of his Private Hire Car Driver's Licence be continued to allow Stephen Marshall another opportunity to appear before the Sub−Committee to speak in support of his application.

(3) PRIVATE HIRE CAR OPERATOR'S LICENCE

(a) COMPLAINT − STEPHEN MARSHALL 5. The Acting Managing Solicitor advised that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, a complaint (tabled) had been received from the Chief Constable, Police Scotland, relative to the behaviour of Stephen Marshall, who currently held a Private Hire Car Operator's Licence. CORPORATE SERVICES (LICENSING) SUB − 22 April 2015

The Sub−Committee then heard Sergeant McGovern outline the Chief Constable's complaint and Stephen Marshall speak in respect of the complaint.

Thereafter, Stephen Marshall and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

Stephen Marshall and the representative of the Police was then re−admitted to the meeting.

Decided: that consideration of the complaint by the Chief Constable relative to the behaviour of Stephen Marshall be continued to allow Stephen Marshall another opportunity to appear before the Sub−Committee to speak in respect of the complaint.

(b) RENEWAL − JAMES McLEAN

6. The Acting Managing Solicitor advised (1) that an application (tabled) by James McLean for the renewal of his Private Hire Car Operator's Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Sub−Committee then heard Sergeant McGovern outline the Chief Constable's objection to the application and James McLean and his wife Carol McLean speak in support of his application.

Thereafter, the applicant, Carol McLean and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant, Carol McLean and the representative of the Police were then re−admitted to the meeting.

Decided: that the application by James McLean for the renewal of his Private Hire Car Operator's Licence be granted for a period of one year, effective from 28 February 2015.

(4) STREET TRADER'S LICENCE − COMPLAINT − BRIAN KEENAN 7. The Acting Managing Solicitor advised that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, a complaint (tabled) had been received by the Licensing Enforcement Officer from Heather and John Mallard, relative to the behaviour of Brian Keenan, who currently held a Street Trader's Licence.

The Administrative Officer then indicated that Brian Keenan was not in attendance.

Thereafter, the Sub−Committee resumed consideration of the matter in Brian Keenan's absence.

The Sub−Committee then heard, Neil Slamin, Licensing Enforcement Officer, Heather and John Mallard and Sergeant McGovern speak in respect of the complaint.

Thereafter, Neil Slamin, Heather and John Mallard and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

Neil Slamin, Heather and John Mallard and the representative of the Police was then re−admitted to the meeting.

Decided: that the complaint by the Chief Constable relative to the behaviour of Brian Keenan be upheld and his Street Trader's Licence be suspended, with immediate effect until 30 June 2015. CORPORATE SERVICES (LICENSING) SUB − 22 April 2015

(5) PRIVATE LANDLORD REGISTRATION − GIUSEPPE LOlA 8. The Acting Managing Solicitor advised that, in terms of Section 84 of Part 8 of the Anti Social Behaviour Etc. (Scotland) Act 2004, material had been brought to the attention of the Council, by the Chief Constable, Police Scotland, which fell within Sub−Section 85(2) of the aforementioned Act, relative to the behaviour of Giuseppe Loia, who was currently registered as a private landlord.

The Sub−Committee then heard Sergeant McGovern outline the Chief Constable's representation (tabled) the Environmental Health Manager and Mrs. McWilliams speak in respect of the matter and Mrs. McWilliams table testimonials in respect of Mr. Loia's registration.

Thereafter, Giuseppe Loia, Mrs. McWilliams, the Environmental Health Manager and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

Giuseppe Loia, Mrs. McWilliams, the Environmental Health Manager and the representative of the Police were then re−admitted to the meeting.

Decided: that, in terms of Section 84 of Part 8 of the Anti Social Behaviour Etc. (Scotland) Act 2004, Giuseppe Loia remain on the register as a private landlord.

(6) PRIVATE HIRE CAR DRIVER'S LICENCE − COMPLAINT − BERNADETTE McCREADIE 9. The Acting Managing Solicitor advised that, in terms of paragraph 11 of Schedule I of the Civic Government (Scotland) Act 1982, a complaint (tabled) had been received from the Chief Constable, Police Scotland, relative to the behaviour of Bernadette McCreadie, who currently held a Private Hire Car Driver's Licence.

The Administrative Officer then indicated that Bernadette McCreadie was not in attendance.

Thereafter, the Sub−Committee resumed consideration of the matter in Bernadette McCreadie's absence.

The Sub−Committee then heard Sergeant McGovern outline the Chief Constable's complaint.

Thereafter, the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The representative of the Police was then re−admitted to the meeting.

Decided: that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, the complaint by the Chief Constable relative to the behaviour of Bernadette McCreadie be upheld and that her Private Hire Car Driver's Licence be suspended, with immediate effect, for the unexpired duration of the Licence. CORPORATE SERVICES (LICENSING) SUB − 13 May 2015

Motherwell, 13 May 2015 at 10 am. A Meeting of the CORPORATE SERVICES (LICENSING) SUB−COMMITTEE

PRESENT

Councillor W. Hogg, Convener; Councillors Farooq, Irvine, McKendrick, Majid, Nolan, P. O'Rourke and Sullivan.

CHAIR

Councillor W. Hogg (Convener) presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Acting Managing Solicitor (Licensing and Litigation).

ALSO IN ATTENDANCE

Inspector Rose and J. Waddle, Lanarkshire Division, Police Scotland.

In respect of Item 2 − Detective Sergeant Spence, Police Scotland. APOLOGIES

Councillors Clinch, Love and McVey.

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

1. Councillors Majid and Sullivan declared an interest in paragraph 10 below and Gerard Summers was known to them both.

It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 6 and 14 of Part I of Schedule 7A of the Act.

The Convener exercised his discretion to vary the order of business as hereinafter Minuted.

HEARINGS

(1) SECOND HAND DEALER'S LICENCE − COMPLAINT − STEPHEN CODY 2. The Acting Managing Solicitor advised (1) that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, a complaint (tabled) had been received from the Chief Constable, Police Scotland, relative to the behaviour of Stephen Cody who currently held a Second Hand Dealer's Licence, and (2) that a late supplementary letter containing additional information had been received from the Chief Constable. CORPORATE SERVICES (LICENSING) SUB − 13 May 2015

The Sub−Committee then heard Inspector Rose explain the reason for the Chief Constable's supplementary letter being submitted late and Stephen Cody indicate that he had no objection to it being considered.

The Sub−Committee then heard (1) Inspector Rose outline the Chief Constable's complaint; (2) Detective Sergeant Spence outline the Chief Constable's supplementary information (tabled), and (3) Stephen Cody speak in respect of the complaint and the additional information.

Thereafter, Stephen Cody and the representatives of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

Stephen Cody and the representatives of the Police were then re−admitted to the meeting.

The Sub−Committee, having determined that the complaint in respect of the contravention of Condition 6 of Stephen Cody's Second Hand Dealer's Licence be upheld, heard Stephen Cody in mitigation.

Thereafter, Stephen Cody and the representatives of the Police again withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

Stephen Cody and the representatives of the Police were again re−admitted to the meeting.

Decided: that the Second Hand Dealer's Licence currently held by Stephen Cody be not suspended, on the understanding that the Head of Democratic and Legal Services issue Stephen Cody with a letter warning him as to his future conduct.

(2) PRIVATE HIRE CAR LICENCE AND PRIVATE HIRE CAR DRIVER'S LICENCE − NEW APPLICATION − MARTIN GRAHAM

3. The Acting Managing Solicitor advised (1) that applications (tabled) by Martin Graham for a Private Hire Car Licence and a Private Hire Car Driver's Licence had been received, and (2) that an objection (tabled) to the applications had been received from the Chief Constable, Police Scotland.

The Sub−Committee then heard Inspector Rose outline the Chief Constable's objection to the applications, and Martin Graham speak in support of his applications.

Thereafter, the applicant, and the representatives of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant and the representatives of the Police were then re−admitted to the meeting.

Decided: that the applications by Martin Graham for a Private Hire Car Licence and Private Hire Car Driver's Licence be granted for a period of one year.

(3) PRIVATE HIRE CAR DRIVER'S LICENCE − NEW APPLICATION − WILLIAM STRUTHERS

4. The Acting Managing Solicitor advised (1) that an application (tabled) by William Struthers for a Private Hire Car Driver's Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Sub−Committee then heard Inspector Rose outline the Chief Constable's objection to the application, and William Struthers speak in support of his application.

Thereafter, the applicant, and the representatives of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter. CORPORATE SERVICES (LICENSING) SUB − 13 May 2015

The applicant and the representatives of the Police were then re−admitted to the meeting.

Decided: that the application by William Struthers for a Private Hire Car Driver's Licence be granted for a period of one year.

(4) TAXI DRIVER'S LICENCE − NEW APPLICATION − ANTHONY BENNETT

5. The Acting Managing Solicitor advised (1) that an application (tabled) by Anthony Bennett for a Taxi Driver's Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Sub−Committee then heard Inspector Rose outline the Chief Constable's objection to the application, and Anthony Bennett's agent, Anthony Linden, Linden and Company, Solicitors speak in support of the application and table character references from (a) Amy Watson, Solicitor, and (b) J. M. Simpson and Company, Accountants.

Thereafter, the applicant, Mr. Linden and the representatives of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant and the representatives of the Police were then re−admitted to the meeting.

Decided: that the application by Anthony Bennett for a Taxi Driver's Licence be granted for a period of one year.

(5) PRIVATE HIRE CAR DRIVER'S LICENCE − RENEWAL − STEPHEN MARSHALL

6. With reference to paragraph 4 of the Minute of the meeting of this Sub−Committee held on 22 April 2015, the Acting Managing Solicitor advised (1) that consideration of an application (tabled) by Stephen Marshall for the renewal of a Private Hire Car Driver's Licence had been continued to allow the applicant an opportunity to appear before the Sub−Committee to speak in support of his application, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Sub−Committee then heard Inspector Rose outline the Chief Constable's objection to the application, and Stephen Marshall speak in support of his application.

Thereafter, the applicant, and the representatives of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant and the representatives of the Police were then re−admitted to the meeting.

Decided: that the application by Stephen Marshall for the renewal of his Private Hire Car Driver's Licence be refused.

(6) PRIVATE HIRE CAR LICENCE − COMPLAINT − STEPHEN MARSHALL 7. With reference to the immediately preceding paragraph, the Acting Managing Solicitor advised that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, a complaint (tabled) had been received from the Chief Constable, Police Scotland relative to the behaviour of Stephen Marshall who currently held a Private Hire Car Licence.

The Sub−Committee then heard Inspector Rose outline the Chief Constable's complaint and Stephen Marshall speak in respect of the complaint. CORPORATE SERVICES (LICENSING) SUB − 13 May 2015

Thereafter, Stephen Marshall and the representatives of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

Stephen Marshall and the representatives of the Police were then re−admitted to the meeting.

Decided: that the complaint relative to the behaviour of Stephen Marshall be not upheld.

(7) TAXI DRIVER'S LICENCE − NEW APPLICATION − MARCIN GASZCZYK

8. The Acting Managing Solicitor advised (1) that an application by Marcin Gaszczyk for a Taxi Driver's Licence had been received, and (2) that Marcin Gaszczyk had failed his knowledge test.

The Administrative Officer then indicated that Marcin Gaszczykwas not in attendance.

Thereafter, the Sub−Committee resumed consideration of the matter in the applicant's absence.

Decided: that the application by Marcin Gaszczyk for a Taxi Driver's Licence be refused.

(8) WINDOW CLEANER'S LICENCE − NEW APPLICATION − ANDREW SEELEY

9. The Acting Managing Solicitor advised that an application by Andrew Seeley for a Window Cleaner's Licence had been received, and (2) that an objection to the application had been received from the Chief Constable, Police Scotland.

The Administrative Officer then indicated that Andrew Seeley was not in attendance.

Thereafter, the Sub−Committee resumed consideration of the matter in the applicant's absence.

The Sub−Committee then heard Inspector Rose outline the Chief Constable's objection to the application.

Thereafter, the representatives of the police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The representatives of the Police were then re−admitted to the meeting.

Decided: that the application by Andrew Seeley for a Window Cleaner's Licence be refused.

Councillors Majid and Sullivan, having declared an interest in the following item of business by reason of Gerard Summer being known to them, withdrew from the meeting and took no part in the consideration thereof.

(9) TAXI DRIVER'S LICENCE − COMPLAINT − JOHN CHARNLEY 10. The Acting Managing Solicitor advised that, in terms of paragraph 11 of Schedule I of the Civic Government (Scotland) Act 1982, a complaint (tabled) had been received from the Chief Constable, Police Scotland, relative to the behaviour of John Charnley, who currently held a Taxi Driver's Licence.

The Sub−Committee then heard Inspector Rose outline the Chief Constable's complaint and John Charnley's agent, Gerard Summers, speak in respect of the complaint. CORPORATE SERVICES (LICENSING) SUB − 13 May 2015

Thereafter, John Charnley, Gerard Summers and the representatives of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

Thereafter, John Charnley, Gerard Summers and the representatives of the Police were re−admitted to the meeting.

The Sub−Committee, having determined that the complaint by the Chief Constable be upheld, heard John Charnley and Gerard Summers in mitigation.

Thereafter, John Charnley, Gerard Summers and the representatives of the Police again withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

Thereafter, John Charnley, Gerard Summers and the representatives of the Police were again re−admitted to the meeting.

Decided: that, in terms of paragraph 11 of Schedule I of the Civic Government (Scotland) Act 1982, the Head of Democratic and Legal Services issue John Charnley with a letter warning him as to his future conduct. CORPORATE SERVICES (LICENSING) SUB − 3 June 2015

Motherwell, 3 June 2015 at 10 am. A Meeting of the CORPORATE SERVICES (LICENSING) SUB−COMMITTEE

PRESENT

Councillors Clinch, Farooq, McKendrick, McVey, Majid, Nolan, P. O'Rourke and Sullivan.

CHAIR

In the absence of the Convener, Councillor Clinch presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Acting Managing Solicitor (Licensing and Litigation).

ALSO IN ATTENDANCE

Sergeant McGovern, Lanarkshire Division, Police Scotland.

APOLOGIES

Councillors Hogg, Irvine and Love.

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

1. No declarations were made.

It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 6 and 14 of Part 1 of Schedule 7A of the Act.

HEARINGS

The Chair exercised his discretion to vary the order of business as hereinafter minuted.

The Chair, being of the opinion that the following item of business was of an urgent nature, authorised its consideration to enable the Council to progress the matter timeously.

(1) WINDOW CLEANER'S LICENCE − NEW APPLICATION − ANDREW SEELEY

2. With reference to paragraph 9 of the Minute of the meeting of this Sub−Committee held on 13 May 2015, when an application by Andrew Seeley for a Window Cleaner's Licence had been refused, the Chair advised that Andrew Seeley had requested that, in terms of paragraph 6 of Schedule 1 of the Civic Government (Scotland) Act 1982, the Sub−Committee entertain a subsequent application.

The Sub−Committee then heard the Acting Managing Solicitor speak in respect of the request. CORPORATE SERVICES (LICENSING) SUB − 3 June 2015

Decided: that, in terms of paragraph 6 of Schedule 1 of the Civic Government (Scotland) Act 1982, the Sub−Committee agreed to entertain a subsequent application by Andrew Seeley for a Window Cleaner's Licence.

(2) TAXI DRIVER'S LICENCE − NEW APPLICATION − ROSS MacDOUGALL

3. The Acting Managing Solicitor advised (1) that an application (tabled) by Ross MacDougall for a Taxi Driver's Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Sub−Committee then heard Sergeant McGovern outline the Chief Constable's objection to the application and Ross MacDougall's agent, Mr. Kelly, Solicitor, speak in support of the application and table testimonials in support of the application.

Thereafter, the applicant, Mr. Kelly and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant, Mr. Kelly and the representative of the Police were then re−admitted to the meeting.

Decided: that the application by Ross MacDougall for a Taxi Driver's Licence be granted.

(3) PRIVATE HIRE CAR LICENCE − RENEWAL − ROBERT HENDERSON 4. The Acting Managing Solicitor advised (1) that an application (tabled) by Robert Henderson for the renewal of his Private Hire Car Licence had been received, and (2) that Robert Henderson did not have a vehicle that was compliant with the Council's specification.

The Sub−Committee then heard Robert Henderson speak in support of his application.

Thereafter, the applicant and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant and the representative of the Police were then re−admitted to the meeting.

Decided: that the application by Robert Henderson for the renewal of his Private Hire Car Licence be granted for a period of one year, effective from 3 June 2015.

(4) TAXI DRIVER'S LICENCE − NEW APPLICATION − GARY VELDON 5. The Acting Managing Solicitor advised (1) that an application (tabled) by Gary Veldon for a Taxi Driver's Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Sub−Committee then heard Sergeant McGovern outline the Chief Constable's objection to the application and Gary Veldon and Paul Gregory speak in support of the application.

Thereafter, the applicant, Paul Gregory and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant, Paul Gregory and the representative of the Police were then re−admitted to the meeting.

Decided: that the application by Gary Veldon for a Taxi Driver's Licence be granted. CORPORATE SERVICES (LICENSING) SUB − 3 June 2015

(5) SECOND HAND DEALER'S LICENCE − VARIATIONS − CASH GENERATOR (a) 213 MAIN STREET, BELLSHILL, AND (b) UNIT 24, TEVIOT WALK, CUMBERNAULD

6. The Acting Managing Solicitor advised (1) that applications (tabled) by Cash Generator to have Condition 12 removed from its Second Hand Dealer's Licence, to the extent of being permitted to carry on a business of Pawn Broking, in respect of the premises at (a) 213 Main Street, Bellshill, and (b) Unit 24, Teviot Walk, Cumbernauld, and (2) of the background relative thereto.

The Sub−Committee then heard Gordon McIntyre, Cash Generator, speak in respect of the application.

Thereafter, Gordon McIntyre and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

Gordon McIntyre and the representative of the Police were then re−admitted to the meeting.

Decided: that consideration of the applications by Cash Generator to have Condition 12 removed from its Second Hand Dealer's Licences in respect of premises at (1) 213 Main Street, Bellshill, and (2) Unit 24, Teviot Walk, Cumbernauld be continued to allow the applicant another opportunity to appear before the Sub−Committee to speak in support of the applications.

(6) STREET TRADER'S LICENCE − NEW APPLICATION − PAUL McALOON

7. The Acting Managing Solicitor advised (1) that an application (tabled) by Paul McAloon for a Street Trader's Licence to enable him to trade from a static snack van in a parking bay at Greenfaulds Park and Ride, Cumbernauld had been received, and (2) that an objection (tabled) to the application had been received from the Executive Director of Regeneration and Environmental Services.

The Sub−Committee then heard Diane Smart, Roads and Transportation outline the Executive Director of Regeneration and Environmental Services' objection to the application and Paul McAloon speak in support of his application and table photographs in mitigation.

Thereafter, the applicant, Diane Smart and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant, Diane Smart and the representative of the Police were then re−admitted to the meeting.

Decided: that the application by Paul McAloon for a Street Trader's Licence be granted, but for a mutually agreed alternative parking bay at Greenfaulds Park and Ride, Cumbernauld.

(7) WINDOW CLEANER'S LICENCE − NEW APPLICATION − ALAN KING

The Acting Managing Solicitor advised (1) that an application (tabled) by Alan King for a Window Cleaner's Licence had been received; (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland, and (3) that the Chief Constable wished to introduce further information.

The Sub−Committee, having enquired as to the general nature of the further information, was provided, in broad terms, with such information by Sergeant McGovern, who advised why, in the Chief Constable's opinion, the further information should be disclosed.

The Sub−Committee then heard Alan King who considered that the details of the further information should not be disclosed. CORPORATE SERVICES (LICENSING) SUB − 3 June 2015

Thereafter,Sub−Committee the applicant and the representative of the Police withdrew from the meeting and the resumed consideration of the matter.

The applicant and the representative of the Police were then re−admitted to the meeting.

The Sub−Committee, having determined that the further information be not disclosed, heard Sergeant McGovern outline the Chief Constable's objection to the application and Alan King speak in support of his application.

Thereafter, the applicant and the representative of the Police again withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant and the representative of the Police were again re−admitted to the meeting.

Decided: that the application by Alan King for a Window Cleaner's Licence be granted for a period of one year. CORPORATE SERVICES (LICENSING) SUB − 22 July 2015

Motherwell, 22 July 2015 at 10 am. A Meeting of the CORPORATE SERVICES (LICENSING) SUB−COMMITTEE

PRESENT

Councillor W. Hogg, Convener; Councillors Clinch, Irvine, McKendrick, Nolan and Sullivan.

CHAIR

Councillor W. Hogg (Convener) presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Acting Managing Solicitor (Licensing and Litigation).

ALSO IN ATTENDANCE

Sergeant McGovern, Lanarkshire Division, Police Scotland.

APOLOGIES

Councillors Farooq, Love and McVey.

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

1. No declarations were made.

It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 6 and 14 of Part I of Schedule 7A of the Act.

HEARINGS

The Convener exercised his discretion to vary the order of business as hereinafter minuted.

(1) PRIVATE HIRE CAR DRIVER'S LICENCE − NEW APPLICATION − DAVID HENDERSON

2. The Acting Managing Solicitor advised that an application (tabled) by David Henderson for a Private Hire Car Driver's Licence had been received.

The Sub−Committee then heard the applicant, Lynn Adams, Viewpark and Bellshill Private Hire and Sergeant McGovern speak in respect of the application.

Thereafter, the applicant, Lynn Adams and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant, Lynn Adams and the representative of the Police were then re−admitted to the meeting. CORPORATE SERVICES (LICENSING) SUB − 22 July 2015

Decided: that the application by David Henderson for a Private Hire Car Drivers Licence be granted.

(2) PRIVATE HIRE CAR LICENCE − RENEWAL − ROBERT JONES

3. The Acting Managing Solicitor advised (1) that an application (tabled) by Robert Jones for the renewal of his Private Hire Car Licence had been received, and (2) that Robert Jones did not have a vehicle that was compliant with the Councils specification.

The Sub−Committee then heard the applicant speak in respect of the application.

Thereafter, the applicant and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant and the representative of the Police were then re−admitted to the meeting.

Decided: that the application by Robert Jones for the renewal of his Private Hire Car Licence be granted until 31 October 2016.

(3) TAXI DRIVER'S LICENCE − RENEWAL − ANTONY TRAVERS

4. The Acting Managing Solicitor advised (1) that an application (tabled) by Antony Travers for the renewal of his Taxi Driver's Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Sub−Committee then heard Sergeant McGovern outline the Chief Constable's objection to the application and Antony Travers speak in support of his application.

Thereafter, the applicant and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant and the representative of the Police were then re−admitted to the meeting.

Decided: that the application by Antony Travers for the renewal of his Taxi Driver's Licence be granted until 31 July 2016.

(4) STREET TRADER'S LICENCE − NEW APPLICATION − PAUL STEWART

5. The Acting Managing Solicitor advised (1) that an application (tabled) by Paul Stewart for a Street Trader's Licence to enable him to trade from a static snack van next to Glencryan Road, approximately 2 metres from the road next to the footpath connecting it to South Carbrain Road, had been received; (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland, and (3) that a late objection to the application had been received from Councillor Goldie, a local Member.

The Administrative Officer then indicated that Councillor Goldie was not in attendance.

Thereafter, the Sub−Committee resumed consideration of the matter in Councillor Goldie's absence.

The Sub−Committee then heard Paul Stewart indicate that he had no objection to the late objection being considered. CORPORATE SERVICES (LICENSING) SUB − 22 July 2015

The Sub−Committee then heard Sergeant McGovern outline the Chief Constable's objection to the application and Paul Stewart speak in support of his application.

Thereafter, the applicant and the representative of the Police withdrew from the meeting and the Sub−Committee resumed consideration of the matter.

The applicant and the representative of the Police were then re−admitted to the meeting.

Councillor Hogg, seconded by Councillor McKendrick, moved that the application by Paul Stewart for a Street Trader's Licence be refused.

Councillor Nolan, seconded by Councillor Irvine, moved, as an amendment, that the application by Paul Stewart for a Street Trader's Licence be granted for a period of one year.

On a vote being taken, 4 Members voted for the amendment and 2 Members voted for the motion. The amendment was accordingly declared carried.

Decided: that the application by Paul Stewart for a Street Trader's Licence be granted for a period of one year.

(5) WINDOW CLEANER'S LICENCE − NEW APPLICATION − GARY LAFFERTY

6. The Acting Managing Solicitor advised (1) that an application by Gary Lafferty for a Window Cleaner's Licence had been received, and (2) that an objection to the application had been received from the Chief Constable, Police Scotland.

The Administrative Officer then indicated that Gary Lafferty was not in attendance.

Thereafter, the Sub−Committee resumed consideration of the matter in the applicant's absence.

Decided: that consideration of the application by Gary Lafferty for a Window Cleaner's Licence be continued to allow the applicant another opportunity to appear before the Sub−Committee to speak in support of his application.

(6) PRIVATE HIRE CAR DRIVER'S LICENCE − RENEWAL − TARIK EVSEVER

7. The Acting Managing Solicitor advised (1) that an application by Tank Evsever for the renewal of his Private Hire Car Driver's Licence had been received, and (2) that an objection to the application had been received from the Chief Constable, Police Scotland.

The Administrative Officer then indicated that Tank Evsever was not in attendance.

Thereafter, the Sub−Committee resumed consideration of the matter in the applicant's absence.

Decided: that consideration of the application by Tank Evsever for the renewal of his Private Hire Car Driver's Licence be continued to allow the applicant another opportunity to appear before the Sub−Committee to speak in support of his application.

(7) TAXI DRIVER'S LICENCE − NEW APPLICATION − PETER McGREGOR

8. The Acting Managing Solicitor advised (1) that an application by Peter McGregor for a Taxi Driver's Licence had been received, and (2) that Peter McGregor had failed his knowledge test. CORPORATE SERVICES (LICENSING) SUB − 22 July 2015

The Administrative Officer then indicated that Peter McGregor was not in attendance.

The Sub−Committee resumed consideration of the matter in the applicant's absence.

Decided: that the application by Peter McGregor for a Taxi Driver's Licence be refused. SPECIAL CORPORATE SERVICES (LICENSING) SUB − 3 August 2015

Motherwell, 3 August 2015 at 9 am. A Special Meeting of the CORPORATE SERVICES (LICENSING) SUB−COMMITTEE

PRESENT

Councillor W. Hogg, Convener; Councillors Clinch, McVey and Nolan.

CHAIR

Councillor W. Hogg (Convener) presided.

IN ATTENDANCE

The Committee Officer and Design Manager, Corporate Services; Senior Building Standards Surveyor and Building Standards Officer, Regeneration and Environmental Services, and Team Leader (Housing Property Services), Housing and Social Work Services.

ALSO IN ATTENDANCE

Graham McLellan, Watch Manager and John Cairney, Fire Safety Officer, Scottish Fire and Rescue; Constable Steven Harfield, Police Scotland; Andrew Graham, Head of Service, Scottish Ambulance Service, and Kevin Yardley, Electrical Director, Rybka.

In respect of item 2 − Alan Marshall and Alan Burrows, Fir Park Stadium, Motherwell.

In respect of item 3 − Terry Gillooly, Ronnie Boyd and Patrick Rolink, Cliftonhill Stadium, Coatbridge.

APOLOGIES

Councillors Love and Sullivan.

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

The Sub−Committee noted that there were no declarations of interest.

SAFETY OF SPORTS GROUNDS − CERTIFICATION ARRANGEMENTS (1) FIR PARK STADIUM, MOTHERWELL

2. The Sub−Committee visited and inspected Fir Park Stadium, Motherwell and thereafter considered a report dated 30 July 2015 by the Head of Democratic and Legal Services (1) reminding Members of the previously agreed arrangements for the certification of designated grounds and grounds with regulated stands under the terms of the Safety of Sports Grounds Act (As Amended) 1975 and the Fire Safety and Safety of Places of Sport Act 1987, and all other enabling powers, and (2) advising of the outstanding issues in relation to the renewal of the General Safety Certificate for Fir Park Stadium.

Decided: that the General Safety Certificate for Fir Park Stadium, Motherwell be renewed, subject to confirmation being received from Motherwell Football and Athletic Club Limited by 31 August 2015:− SPECIAL CORPORATE SERVICES (LICENSING) SUB − 3 August 2015

(1) that the outstanding issues detailed in the report had been completed, and

(2) that any issues arising from the relevant Certificates and Annual Reports submitted by the registered holder of the current General Safety Certificate for the Stadium had been addressed.

CLIFTONHILL STADIUM, COATBRIDGE

3. The Sub−Committee visited and inspected Cliftonhill Stadium, Coatbridge and thereafter considered a revised report dated 30 July 2015 by the Head of Democratic and Legal Services (1) reminding Members of the previously agreed arrangements for the certification of designated grounds and grounds with regulated stands under the terms of the Safety of Sports Grounds Act (As Amended) 1975 and the Fire Safety and Safety of Places of Sport Act 1987 and all other enabling powers, and (2) advising of the outstanding issues in relation to the renewal of the General Safety Certificate for Cliftonhill Stadium.

Decided: that the General Safety Certificate for Cliftonhill Stadium, Coatbridge be renewed, subject to confirmation being received from Albion Rovers Football Club Limited by 312015:August−(1)

that the outstanding issues detailed in the report had been completed, and

(2) that any issues arising from the relevant Certificates and Annual Reports submitted by the registered holder of the current General Safety Certificate for the Stadium had been addressed. SPECIAL CORPORATE SERVICES (LICENSING) SUB − 7 August 2015

Motherwell, 7 August 2015 at 9 am. A Special Meeting of the CORPORATE SERVICES (LICENSING) SUB−COMMITTEE

PRESENT

Councillor W. Hogg, Convener; Councillors McVey, Nolan and P. O'Rourke.

CHAIR

Councillor W. Hogg (Convener) presided.

IN ATTENDANCE

The Committee Officer, Corporate Services; Senior Building Standards Surveyor and Building Standards Officer, Regeneration and Environmental Services, and Team Leader, (Housing and Property Services), Housing and Social Work Services

ALSO IN ATTENDANCE

John Clark, Watch Commander Community Safety, Scottish Fire and Rescue; Sergeant Clare Thomson, Police Scotland: Lindsay McLeod−Kerr, Scottish Ambulance Service, and Kevin Yardley, Electrical Director, Rybka.

In respect of item 2 − Sandra Howley, Broadwood Stadium, Cumbemauld

In respect of item 3 − Heather Allan, Excelsior Stadium, Airdrie. APOLOGIES

Councillors Farooq, Irvine, Love and Sullivan

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

1. The Sub−Committee noted that there were no declarations of interest.

SAFETY OF SPORTS GROUNDS − CERTIFICATION ARRANGEMENTS (1) BROADWOOD STADIUM, CUMBERNAULD

2. The Sub−Committee visited and inspected Broadwood Stadium, Cumbernauld and thereafter considered a report dated 27 July 2015 by the Head of Democratic and Legal Services (1) reminding Members of the previously agreed arrangements for the certification of designated grounds and grounds with regulated stands under the terms of the Safety of Sports Grounds Act 1975 and the Fire Safety and Safety of Places of Sport Act 1987, and (2) advising of the outstanding issues in relation to the renewal of the General Safety Certificate for Broadwood Stadium.

Decided:

(1) that the General Safety Certificate for Broadwood Stadium, Cumbernauld be renewed, subject to:− SPECIAL CORPORATE SERVICES (LICENSING) SUB − 7 August 2015

(a) confirmation2015:−• being received from Broadwood NIL by 31 August

that the fire safety measures detailed in the report had been completed;

• that the electrical works detailed in the report had been completed;

• that the other outstanding issues detailed in the report had been completed, and

• that any issues arising from the relevant Certificates and Annual Reports submitted by the registered holder of the current General Safety Certificate for the Stadium have been addressed, and

(b) the submission of a programme by 31 August 2015 for the replacement of the damaged and corroded seats in the Main Stand by the end of December 2015;

(2) that a special meeting of the Corporate Services (Licensing) Sub−Committee be held in January 2016, if deemed necessary, to review the progress made in relation to the replacement of damaged and corroded seats in the Main Stand should the works be incomplete, and

(3) that a letter be sent to the Chair of the Board of North Lanarkshire Leisure Limited expressing the Sub−Committee's concern at (a) the lack of progress in replacing the damaged and corroded seats in the Main Stand of the Stadium despite the issue having been highlighted in the annual inspection reports for the Stadium over the last six year period, and (b) the alleged allocation of insufficient funds to carry out the necessary remedial works.

(2) EXCELSIOR STADIUM, AIRDRIE

3. The Sub−Committee visited and inspected Excelsior Stadium, Airdrie and thereafter considered a report dated 27 July 2015 by the Head of Democratic and Legal Services (1) reminding Members of the previously agreed arrangements for the certification of designated grounds and grounds with regulated stands under the terms of the Safety of Sports Grounds Act 1975 and the Fire Safety and Safety of Places of Sport Act 1987, and (2) advising of the outstanding issues in relation to the renewal of the General Safety Certificate for Excelsior Stadium.

Decided: that the General Safety Certificate for Excelsior Stadium, Airdrie be renewed, subject to confirmation being received from the Manager of the Excelsior Stadium and Football 2015:Centre−(1) by 31 August

that the outstanding issues detailed in the report had been completed, and

(2) that any issues arising from the relevant Certificates and Annual Reports submitted by the registered holder of the current General Safety Certificate for the Stadium had been addressed.