Item No. 4 COUNCIL CIVIC GOVERNMENT LICENSING COMMITTEE

MINUTE of MEETING of the CIVIC GOVERNMENT LICENSING COMMITTEE held in COMMITTEE ROOMS 2/3, COUNCIL HQ, NEWTOWN ST BOSWELLS on Friday, 25 April 2014 at 1.00 p.m.

Present:- Councillors W. Archibald (Chairman), G. Edgar, J. Greenwell, B. Herd, D. Paterson, J. Torrance, B. White. Apologies:- Councillors J. Campbell, G. Logan, R. Stewart, T. Weatherston. In attendance:- Legal and Licensing Services Manager, Licensing Team Leader, Democratic Services Officer (F. Henderson), Inspector Hodges, PC Robertson - Police Scotland.

ORDER OF BUSINESS 1. The Chairman varied the order of business as shown on the agenda and the Minute reflects the order in which the items were considered at the meeting.

MINUTE 2. The Minute of the Meeting of 21 March 2014 had been circulated.

DECISION APPROVED and signed by the Chairman.

LICENSES ISSUED UNDER DELEGATED POWERS 3. There had been circulated copies of a list detailing the Civic Government and Miscellaneous Licences issued under delegated powers between 13 March 2014 and 16 April 2014. The Legal and Licensing Services Manager provided further details in relation to questions from Members regarding knife dealer licence and marches and parades approvals issued.

DECISION NOTED.

HEARING TO CONSIDER RENEWAL OF TAXI DRIVER’S LICENCE 4. There had been circulated copies of an application submitted by Mr Anthony Martin for the Renewal of a Taxi Driver’s Licence and a letter of objection dated 13 March 2014 received from Police Scotland which stated that the Police could not support the renewal of the licence on the basis that the applicant was not a fit and proper person to be the holder of such a licence, in terms of Schedule1, Paragraph 5(3)(a)(ii) of the Civic Government (Scotland) Act 1982. Mr Martin was present at the meeting.

5. Inspector Hodges reported that Mr Martin had submitted an application for the renewal of a Taxi Driver’s Licence to Scottish Borders Council on 4 March 2014 and had disclosed his convictions between September 1994 and November 2013. Inspector Hodges went on to comment from Police reports that in relation to the careless driving offence referred to on 29 November 2013 this had involved Mr Martin driving northbound on the A1 in the dark and attempting to turn right at the cement works at Torness. However when he attempted to turn there was a car travelling on the southbound carriageway and this vehicle collided with Mr Martin’s vehicle. There was no injury caused therefore Mr Martin was issued with a conditional offer. The Police were of the opinion that due to the recent conviction and Mr Martin’s previous speeding convictions there was doubt in relation to his suitability to be a taxi driver. Item No. 4 6. On being invited by the Chairman to address the Committee, Mr Martin confirmed that the information provided by the Police to the Committee was correct and explained the circumstances around the speeding convictions. Mr Martin went on to explain that in relation to the most recent incident he had been indicating to cross the road and thought he had enough time to cross but there had not been and the collision had occurred. As a result of the accident, Mr Martin had subsequently visited the optician and had an operation to remove a cataract from his eye in March 2014. Mr Martin advised that he had been in full-time employment as a taxi driver for twenty five years and had been a registered driver with Scottish Borders Council for many years. While Members expressed concerns with regard to the speeding convictions, they took into consideration the length of time since these had taken place and that Mr Martin had taken appropriate action with his optician following the careless driving incident.

VOTE Councillor Herd, seconded by Councillor White, moved that Mr Martin’s application for the renewal of a Taxi Driver licence be granted.

Councillor Paterson, seconded by Councillor Edgar, moved as an amendment that Mr Martin’s application be refused.

On a show of hands Members voted as follows: Motion - 5 votes Amendment - 2 votes

DECISION AGREED that Mr Martin’s application for the renewal of a Taxi Driver Licence be granted.

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 aforementioned Act.

SUMMARY OF PRIVATE BUSINESS

Grant of Taxi Driver Licence – P Curwen 1. The Committee considered an application for the grant of a Taxi Driver Licence and agreed to grant the application.

Renewal of Taxi Driver Licence – M Clark 2. The Committee considered an application for the renewal of a Taxi Driver Licence and agreed to continue consideration.

Licensing of Itinerant Metal Dealer – L Hardy 3. The Committee considered an application for the grant of an Itinerant Metal Dealer’s Licence and agreed to refuse.

4. Minute. The Committee approved the Private Section of the Minute of Meeting of 21 March 2014.

The meeting concluded at 1.45p.m. CIVIC GOVERNMENT AND MISCELLANEOUS LICENCES ISSUED UNDER DELEGATED POWERS

17 April to 20 May 2014 Applicant/Existing Date Licenceholder Type and Nature of Application Description Granted Philip Macari Late Hours Catering - Temporary Earlston 7's - 4 May 2014 - 11.00pm - 1.00am 01/05/2014 Philip Macari Late Hours Catering - Temporary 7's - 17 May 2014 - 11.00pm - 1.00am 14/05/2014 Eddleston - Annual Children's Fancy Dress Parade - 13 June Roddy Scott Marches and Parades 2014 08/05/2014 Galashiels - Braw Lads Gathering, 25 April, 16, 23 May & 21, 25, Hazel Newlands Marches and Parades 28 June 2014 17/04/2014 Gerry Moss Marches and Parades Galashiels - Gala Harriers - 3K and 10K Runs - 18 May 2014 15/05/2014 John Mullins Marches and Parades Galashiels - Scottish Borders Campus - 29 April 2014 22/04/2014 Stewart Wilson Marches and Parades Innerleithen - St Ronans Border Games - 9 May 2014 01/05/2014 Lindsay Wilson Marches and Parades Jedburgh - Jethart Callants Festival - 16 May 2014 13/05/2014 - Chest Heart & Stroke Scotland - Tour De Lauder - 26 Alison Acosta Marches and Parades April 2014 22/04/2014 Lauder- Ex-Cornets Association - Threepwood Night - 23 May Marc Alexander Marches and Parades 2014 15/05/2014 Evelyn Oliver Marches and Parades Melrose - Festival - 2 May and 16, 17, 18, 19 and 21 June 2014 23/04/2014 - Borders Sport & Leisure Trust Triathlon & Duathlon - Steven Watts Marches and Parades 08 June and 24 August 2014 08/05/2014 Cameron Young Marches and Parades Peebles - March Riding - May Ride - 18 May, 2014 01/05/2014 Peebles - March Riding and Beltane Queen Festival - 22 May, 13 David Turnbull Marches and Parades & 15 - 21 June 2014 01/05/2014 Peebles - March Riding and Beltane Queen Festival - 25 April David Turnbull Marches and Parades 2014 22/04/2014 Mike Pearson Marches and Parades Peebles - Moorfoot Runners - 14 May 2014 01/05/2014 Tom Welsh Marches and Parades Selkirk - Common Riding - 7 and 14 June 2014 22/04/2014 Durty Events Ltd Marches and Parades Selkirk - Cycling Event - 10 May 2014 09/05/2014 St Boswells - Parents & Friends Partnership - St Boswells Village Judith Folan Marches and Parades Week - 08 June 2014 15/05/2014

Durty Events Ltd Marches and Parades St Mary's Loch - Cycle Section of Triathlon - 14 September 2014 09/05/2014 West Linton - Whipman Play Society - 1, 6, 7, 8 and 14 June Sheila Forsyth Marches and Parades 2014 17/04/2014 Duns - Volunteer Hall - 25 May 2014 and 25 June 2014 - James Cook Market Operator - Temporary 10.00am until 8.30pm 15/05/2014 Catherine Cairns Market Operator - Temporary Greenlaw - The Green - 28 June 2014 - 12 Noon until 5.00pm 15/05/2014

1 Applicant/Existing Date Licenceholder Type and Nature of Application Description Granted Galawater Horticultural Society & Jacki Cooper Market Operator - Temporary Stow - Town Hall - 31 May 2014 - 10.00am until 12 Noon 13/05/2014 June Bell Private Hire Driver - Renewal 1/PD10 - E & AJ Robertson 13/05/2014 Morag Poole Private Hire Driver - Renewal 1/PD18 - E & AJ Robertson 13/05/2014 Keith Wallace Private Hire Driver - Renewal 1/PD24 - E & AJ Robertson 13/05/2014 Alison Swan Private Hire Driver - Renewal 4/PD5 - Angus Swan 08/05/2014 Colin McLaren Private Hire Vehicle - Grant 2/PV45 - SD57 FRL - Peugeot Partner - Grey - 4 Passengers 15/04/2014 Peter Hogg of Jedburgh Private Hire Vehicle - Grant 3/PV25 - SA57 LXG - Vauxhall Zafira - Blue - 6 Passengers 24/04/2014

George White Private Hire Vehicle - Material Change 4/PH20 - 533 GEW - Volkswagen Passat - Black - 4 Passengers 17/04/2014 Eric Robertson Private Hire Vehicle - Renewal 1/PV52 - WJ55 CGK - Iveco Daily - White - 8 Passengers 15/05/2014 Raymond King Private Hire Vehicle - Renewal 3/PV21 - SJ11 RZG - Skoda Octavia - Silver - 4 Passengers 13/05/2014 Brian D J Niven Taxi Vehicle - Substitution 2/TV67 - AB08 ONJ - Skoda Octavia - Blue - 4 Passengers 28/04/2014 Sandra Pincott Public Entertainment - Grant The Hub, Lamancha 01/05/2014 Wenda Bryce Public Entertainment - Grant - 1 Year Duns Motocross Track, Langtonlees Farm, Duns 08/05/2014 Caroline McCormack Public Entertainment - Grant - 1 Year Traquair Village Hall, Traquair 15/05/2014 Ingrid Campbell Public Entertainment - Temporary Broughton Village Hall - 17 May 2014 30/04/2014 Natalie Cormack Public Entertainment - Temporary Mainsgate Park, Duns - 2 August 2014 01/05/2014 Kenneth Stuart Public Entertainment - Temporary Lothian Car Park, Jedburgh - 15-17 May 2014 13/05/2014 Bethany Martin Public Entertainment - Temporary Lanton Hill Farm, Jedburgh - 15-17 May 2014 13/05/2014 Fred Magil Public Entertainment - Temporary Thirlestane Castle, Lauder - Sunday, 1 June 2014 19/05/2014 Kenneth Stuart Public Entertainment - Temporary Victoria Park, Peebles - 10-12 April 2014 04/04/2014 Kenneth Stuart Public Entertainment - Temporary Tweed Green, Peebles - 04 May 2014 29/04/2014 Charles Horne Public Entertainment - Temporary Victoria Park, Peebles - 18-21 June 2014 24/04/2014 Rachel McAleese Public Entertainment - Temporary Kailzie Gardens, Peebles - 04 May 2014 29/04/2014 Kenneth Stuart Public Entertainment - Temporary Bog Park, Selkirk - 24-26 April 2014 22/04/2014 Spencer Hiscoe Public Entertainment - Temporary Lower Green (East), West Linton - 6-8 and 11-14 June 2014 24/04/2014 Ettrickside Garage, Selkirk Mon - Fri 8.00am - 6.00pm, Sat 9.00am - 5.00pm - Motor Vehicles, Motor cycles, Mopeds, James Thomson Second Hand Dealer - Renewal Trailers and parts thereof 19/05/2014 Various Locations throughout SBC area Mon - Sun 9.00am - William Jeffrey Street Trader - Temporary 5.00pm - Audio CD's 19/05/2014 K8JYS - AMS Trailer - Mon - Sun 7.00am - 3.00pm - Gilston June Ramsay Street Trader - Grant Road-end (Lay-by) A7 - Hot and Cold Foods 24/04/2014 DG02 UFC - Catering Trailer - Friday 23 May 2014 1.00pm - 10.00pm, Saturday 24 May 2014 7.30am - 10.00pm and Sunday 25 May 2014 7.30am - 8.00pm - Innerleithen FC Car Park - Hot David Irons Street Trader - Grant - Temporary and Cold Food & Snacks 15/05/2014 Daniel J Scott Taxi Driver - Grant 2/TD15 - Ian McClure, Galashiels 23/04/2014 Sandy Sanderson Taxi Driver - Grant 2/TD45 - Hunters Cabs 29/04/2014 John Armitage Taxi Driver - Grant 3/TD79 - Peter Hogg 28/04/2014 2 Applicant/Existing Date Licenceholder Type and Nature of Application Description Granted Gordon Gladstone Taxi Driver - Grant 3/TD12 - Jock's Taxis 15/05/2014 Graham Gray Taxi Driver - Renewal 2/TD14 - Self 08/05/2014 Mark Golding Taxi Driver - Renewal 2/TD22 - 5 Star Taxis 08/05/2014 George Halbert Taxi Driver - Renewal 2/TD27 - Mobility Assist 08/05/2014 Derek Brown Taxi Driver - Renewal 2/TD34 - Self 08/05/2014 Veronica Weir Taxi Driver - Renewal 2/TD44 - Christopher Weir 17/04/2014 Anthony Martin Taxi Driver - Renewal 2/TD68 - Leader Taxis 29/04/2014 Keith Forsyth Taxi Driver - Renewal 2/TD69 - Self 24/04/2014 Neil Mitchinson Taxi Driver - Renewal 2/TD82 - Self 08/05/2014 Gwynne Race Taxi Driver - Renewal 2/TD111 - Self 08/05/2014 Kenneth Renton Taxi Driver - Renewal 2/TD222 - 5 Star Taxis 30/04/2014 Roberta Pringle Taxi Driver - Renewal 2/TD274 - Five Star 13/05/2014 Richard Silver Taxi Driver - Renewal 3/TD2 - James Clamp, Hawick 24/04/2014 Veronica A Bruce Taxi Driver - Renewal 3/TD37 - Network Taxis 07/05/2014 Derek J Jackson Taxi Driver - Renewal 3/TD40 - Peter Hogg of Jedburgh 21/04/2014 Piotr W Zwizchlewski Taxi Driver - Renewal 3/TD42 - Self 07/05/2014 Albert Stewart Pretswell Taxi Driver - Renewal 3/TD74 - A1 Taxis 07/05/2014 Stuart Glynn Regan Taxi Driver - Renewal 3/TD88 - Self 12/05/2014 John Douglas Taxi Driver - Renewal 3/TD110 - Mobility Assist 12/05/2014 Bruce Parr Taxi Driver - Renewal 3/TD111 - A1 Taxis 12/05/2014 Bruce C Hogg Taxi Driver - Renewal 3/TD119 - Doms Taxis 15/05/2014 Desmond Armstrong Taxi Driver - Renewal 3/TD120 - JW Taxis 15/05/2014 Paul R Miller Taxi Driver - Renewal 3/TD141 - Doms Taxis 07/05/2014 Artur K Czapnik Taxi Driver - Renewal 3/TD143 - JW Taxis 07/05/2014 Stephen Reid Taxi Driver - Renewal 4/TD12 - Mobility Assist, Galashiels 24/04/2014 William Cox Taxi Driver - Renewal 4/TD13 - Self 13/05/2014 Peter McLeod Taxi Driver - Renewal 4/TD16 - Gold Star Taxis 13/05/2014 Allan G Ferguson Taxi Vehicle - Grant 2/TV20 - FR13 AAN - Skoda Octavia - Grey - 4 Passengers 09/05/2014 Christopher Spain Taxi Vehicle - Grant 3/TV17 - ABZ 592 - Mazda 6 Sport D - Black - 4 Passengers 01/05/2014 George Burrell Taxi Vehicle - Renewal 2/TV17 -SK56 VCT - Renault Laguna - Blue - 4 Passengers 15/04/2014 Christina McKenzie Taxi Vehicle - Renewal 3/TV122 - ST07 FNA - Ford Galaxy - Blue - 6 Passengers 13/05/2014 Graeme Geddes Taxi Vehicle - Substitution 1/TV20 - NL14ZCE - Seat Toledo - Silver - 4 Passengers 08/05/2014 Neil Mitchinson Taxi Vehicle - Substitution 2/TV119 - KK57 JTZ - Vauxhall Zafira - Black - 6 Passengers 24/04/2014

MISCELLANEOUS LICENSING

Applicant/Existing Date Licenceholder Type and Nature of Application Description Granted Jenna Watson Animal Boarding - Grant Glenbield Farm Peebles - 30 Dogs 01/05/2014

3 Applicant/Existing Date Licenceholder Type and Nature of Application Description Granted Susan Somerville Animal Boarding - Renewal Pease Lye, Cockburnspath - 20 Dogs 15/05/2014 Morag Mein Animal Boarding - Renewal Hill Gardens, Coldingham Hill, Coldingham - 20 Cats 01/05/2014 Shirley Thompson Animal Boarding - Renewal Cozy Catz Cattery - 24 Cats 15/05/2014 Mary Thomson Animal Boarding - Renewal Sawmill Kennels, Mellerstain - 12 Cats and 18 Dogs 22/04/2014 Andrea Mitchell Animal Boarding - Renewal 4 Eshiels Holding, Peebles - 16 Dogs 01/05/2014 Elizabeth Shearer Animal Boarding - Renewal Arthurshiel Farm, St Boswells - 40 Dogs 13/05/2014 Jayne Pilling and Stephanie Pearce Caravan Site - Grant Strathmore Caravan Park, West Fishwick - 23 Caravans 17/04/2014 Sharon Logan Civil Marriage - Period Extension Heatherlie House Hotel, Selkirk 30/04/2014 Imran Hanif and Lorna Burns Civil Marriage - Temporary Blainslie Village Hall - 10 May 2014 16/04/2014 Jessica Ashmore & Alasdair Mulligan Civil Marriage - Temporary Chirnside Hall Hotel - 31 May 2014 30/04/2014 James Reay and Margaret Umpherston Civil Marriage - Temporary Abbey St Boswells - 24 May 2014 16/04/2014 Robert H Ritchie and Kirsty Archer Civil Marriage - Temporary Dryburgh Abbey St Boswells - 17 May 2014 09/05/2014 Mark Wheeler and Katie Douglas Civil Marriage - Temporary Dryburgh Abbey St Boswells - 07 June 2014 13/05/2014 Kevin A Janiak and June E Hardie Civil Marriage - Temporary Mole Hill, Langlee Woods, Galashiels - 3 May 2014 22/04/2014 Paul D Graham and Karen E Glennie Civil Marriage - Temporary Gala Bingo Hall, Galashiels - 21 June 2014 13/05/2014 Jonathan Newton and Carly Simpson Civil Marriage - Temporary Kippilaw House, Melrose - 19 May 2014 09/05/2014

4