Minutes of Corporate Services (Licensing) Sub Committees

AGENDA ITEM NO...... 5p\ ,...x CORPORATE SERVICES (LICENSING) SUB - 27 July 2010

Motherwell, 27 July 2010 at 9 am.

A Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor Hogg, Convener; Councillors Ferrie, Harmon, S. Love and Sullivan.

CHAIR

Councillor Hogg (Convener) presided.

IN ATT’ENDANCE

Chief Committee Services Manager, Central Division and Team Leader, Design Division, Corporate Services and Senior Building Standards Surveyor, Environmental Services.

ALSO IN ATT’ENDANCE

E. Mullen Strathclyde Fire and Rescue; Sergeant Hamilton, “N” Division, Strathclyde Police, and

In respect of item 2 - Leanne Montgomery

In respect of item 3 - Frank Meade

In respect of item 4 - Alastair Cameron

In respect of item 5 - Graeme Atkinson.

APOLOGIES

Councillors Cefferty, Clarke, McAuley and McElroy.

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

1. No declarations were made.

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 7 July 2010 by the Head of Central 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 outstanding issues in relation to the renewal of the General Safety Certificate for Fir Park Stadium, Motherwell.

Decided: that the General Safety Certificate for Fir Park Stadium, Motherwell be renewed subject to:-

19 CORPORATE SERVICES (LICENSING) SUB - 27 July 2010

(1) confirmation being received that the cold smoke brushes in the South Stand concourse doors had been replaced, and

(2) any issues arising from evaluation of the relevant certificates submitted being addressed.

(2) CLI FTONHILL STADIUM, COATBRIDGE

3. The Sub-Committee visited and inspected Cliftonhill Stadium, Coatbridge and thereafter considered a report dated 7 July 2010 by the Head of Central 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 outstanding issues in relation to the renewal of the General Safety Certificate for Cliftonhill Stadium, Coatbridge.

Decided: that the General Safety Certificate for Cliftonhill Stadium, Coatbridge be renewed to :-

confirmation that the painting of the nosings on the steps of the East Escape route had been completed, and

any issues arising from evaluation of the relevant certificates submitted being addressed.

(3) EXCELSIOR STADIUM, AlRDRlE

4. The Sub-Committee visited and inspected Excelsior Stadium, Airdrie and thereafter considered a report dated 7 July 2010 by the Head of Central 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 outstanding issues in relation to the renewal of the General Safety Certificate for Excelsior Stadium, Airdrie.

Decided: that the General Safety Certificate for Excelsior Stadium, Airdrie be renewed subject to:-

(1) confirmation that the Directional signage required to be put in place in the concourse at the East Stand had been completed, and

(2) any issues arising from evaluation of the relevant certificates submitted being addressed.

(4) BROADWOOD STADIUM, CUMBERNAULD

5. The Sub-Committee visited and inspected Broadwood Stadium, Cumbernauld and thereafter considered a report dated 7 July 2010 by the Head of Central 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 outstanding issues in relation to the renewal of the General Safety Certificate for Broadwood Stadium, Cum bernauld.

20 CORPORATE SERVICES (LICENSING) SUB - 27 July 2070

Decided: that the General Safety Certificate for Broadwood Stadium, Cumbernauld be renewed subject to the Executive Director of Corporate Services being satisfied by 30 July 2010 that the following issues had been adequately addressed:-

(1) replacement of the directional fire exit signage from the main function suite in the Main Stand;

(2) the replacement of missinglfaulty fire detection units in the West Stand;

(3) the signage on the fire shutters at all catering units being replaced as necessary;

(4) the replacement of fire exit signs to indicate exits from on field;

(5) the cordoning off of all faulty seats in all Stands so as to prevent usage, and (6) any issues arising from the evaluation of the relevant certificates submitted being addressed.

21 CORPORATE SERVICES (LICENSING) SUB - 4 August 2010

Motherwell, 4 August 2010 at 9.30 am.

A Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor McAuley, Vice-Convener; Councillors Ferrie, Harmon, Irvine, McElroy and Sullivan.

CHAIR

In the absence of Councillor Hogg, Councillor McAuley (Vice-Convener) presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Chief Solicitor (Licensing), Corporate Services.

ALSO IN AlTENDANCE

Chief Inspector Connell and Sergeant Hayburn, “N” Division, Strathclyde Police

APOLOGIES

Councillors Clarke, Hogg and S. 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

(1) PRIVATE HIRE CAR DRIVER’S LICENCE - (a) RENEWAL - ALAN KONOPATE 2. The Chief Solicitor advised that an application (tabled) by Alan Konopate for the renewal of his Private Hire Car Driver’s Licence had been received.

The Sub-Committee then heard the applicant and Chief Inspector Connell speak in respect of the application.

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

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

22 CORPORATE SERVICES (LICENSING) SUB - 4 August 2070

Decided: that the application by Alan Konopate for the renewal of his Private Hire Car Driver’s Licence be granted.

(b) NEW APPLICATIONS (A) RYAN CUSACK

3. The Chief Solicitor advised that an application (tabled) by Ryan Cusack for a Private Hire Car Driver’s Licence had been received.

The Sub-Committee then heard the applicant and Chief Inspector Connell speak in respect of the application.

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

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

Decided: that the application by Ryan Cusack for a Private Hire Car Driver’s Licence be granted.

(6) JAMES McCRACKEN

4. The Chief Solicitor advised that an application (tabled) by James McCracken for a Private Hire Car Driver’s Licence had been received.

The Sub-Committee then heard the applicant and Chief Inspector Connell speak in respect of the application.

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

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

Decided: that the application by James McCracken for a Private Hire Car Driver’s Licence be granted.

5. The Chief Solicitor advised (1) that an application (tabled) by Gerard McKendrick 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, Strathclyde Police.

The Sub-Committee then heard Chief Inspector Connell outline the Chief Constable’s objection to the application and Gerard McKendrick speak in support of his application.

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

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

Decided: that the application by Gerard McKendrick for a Private Hire Car Driver‘s Licence be granted.

23 CORPORATE SERVICES (LICENSING) SUB - 4 August 2010

(2 TAXI DRIVER’S LICENCE - NEW APPLICATION - CRAIG McMASTER 6. The Chief Solicitor advised (1) that an application by Craig McMaster for a Taxi Driver’s Licence had been received, and (2) that Craig McMaster 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 Craig McMaster for a Taxi Driver’s Licence be continued to allow the applicant another opportunity to appear before the Sub-Committee to speak in support of his application.

(3) WINDOW CLEANER’S LICENCE - NEW APPLICATION - JOHN DICKENS

7. The Chief Solicitor advised (1) that an application (tabled) by John Dickens for a Window Cleaner’s Licence had been received; (2) that the Chief Constable had objected to the application (tabled), and (3) that John Dickens had spent convictions.

The Sub-Committee, having enquired as to the age and general nature of the spent convictions, were provided, in broad terms, with such information by Chief Inspector Connell who advised why, in the Chief Constable’s opinion, full details of John Dickens’ spent convictions should be disclosed. The applicant then advised that he had no objections to the spent convictions being disclosed.

The Sub-Committee then heard Chief Inspector Connell give details of the spent convictions (tabled) and outline the Chief Constable’s objection to the application, and John Dickens speak in support of his application.

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

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

Councillor Ferrie, seconded by Councillor McElroy, moved that the application by John Dickens for a Window Cleaner’s Licence be granted for a period of one year.

Councillor Sullivan, seconded by Councillor Harmon, moved, as an amendment, that the application by John Dickens for a Window Cleaner’s Licence be refused.

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

Decided: that the application by John Dickens for a Window Cleaner’s Licence be granted for a period of one year.

(4) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS

(a) BE IN BELHAVEN COMMITTEE PER HELEN KEENAN

8. The Chief Solicitor advised (1) that an application by Be In Belhaven Committee per Helen Keenan for a Public Entertainment Licence in respect of a family funfair to be held in Belhaven Park, Wishaw on 7 August 2010 between 11 am and 12 pm had been received; (2) that an objection to the application had been received from the Executive Director of Environmental Services; (3) that the Executive Director of Environmental Services had subsequently withdrawn his objection to the application, and (4) that, the application had been granted under delegated powers.

24 CORPORATE SERVICES (LICENSING) SUB - 4 August 2010

Decided: that it be noted that the application by Be In Belhaven Committee per Helen Keenan for a Public Entertainment Licence had been granted under delegated powers.

(b) KILSYTH INTERNATIONAL CARNIVAL COMMITTEE INTEREST COMPANY PER EMMA NEILSON

9. The Chief Solicitor advised (1) that an application by Kilsyth International Carnival Committee Interest Company per Emma Neilson for a Public Entertainment Licence in respect of a family funfair to be held in Colzium Lennox Estate, Kilsyth from Friday, 13 to Sunday, 15 August 2010 between the hours of 12 noon and 10.30 pm (Friday and Saturday) and 12 noon and 7 pm (Sunday) had been received; (2) that an objection to the application had been received from the Executive Director of Environmental Services; (3) that the Executive Director of Environmental Services had subsequently withdrawn his objection to the application, and (4) that the application had been granted under delegated powers.

Decided: that it be noted that the application by Kilsyth International Carnival Committee Interest Company per Emma Neilson for a Public Entertainment Licence had been granted under delegated powers.

25 CORPORATE SERVICES (LICENSING) SUB - 25 August 2010

Motherwell, 25 August 2010 at 9.30 am.

A Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor Hogg, Convener; Councillors Irvine, S.Love, McElroy and Sullivan. CHAIR

Councillor Hogg (Convener) presided.

IN AlTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Chief Solicitor (Licensing).

ALSO IN AlTENDANCE

Chief Inspector McPhail and Sergeant Hayburn, “N” Division, Strathclyde Police.

APOLOGIES

Councillors Clarke, Harmon and McAuley.

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

1. No declarations were made.

HEARINGS

(1) PRIVATE HIRE CAR DRIVER’S LICENCE - NEW APPLICATIONS

(a) BIN HAMZA IQBAL

2. The Chief Solicitor advised that consideration of an application (tabled) by Bin Hamza lqbal for a Private Hire Car Driver’s Licence had been received.

The Sub-Committee then heard the applicant’s agent, Mr. Devanney, Smail and Ewart, Solicitors, and Mr. Wardroper, GFT Minibus Hire speak in support of the application and Chief Inspector McPhail speak in respect of the application.

Thereafter, the applicant, Mr. Devanney, Mr. Wadroper and representatives of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

26 CORPORATE SERVICES (LICENSING) SUB - 25 August 2010

The applicant, Mr. Devanney, Mr. Wardroper and representatives of the Police were then re-admitted to the meeting.

Decided: that the application by Bin Hamza lqbal for a Private Hire Car Driver’s Licence be granted.

(b) STEVEN PLUNKETT

3. The Chief Solicitor advised that an application (tabled) by Steven Plunkett for a Private Hire Car Driver’s Licence had been received.

The Sub-Committee then heard the applicant and Chief Inspector McPhail speak in respect of the application.

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

The applicant and representatives of the Police were then re-admitted to the meeting,

Decided: that the application by Steven Plunkett for a Private Hire Car Driver’s Licence be granted.

(2) TAXI DRIVER’S LICENCE - NEW APPLICATION - CRAIG McMASTER

4. With reference to paragraph 6 of the Minute of the meeting of this Sub-Committee held on 4 August 2010, the Chief Solicitor advised that consideration of an application (tabled) by Craig McMaster for a Taxi 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.

The Administrative Officer then indicated that Craig McMaster was not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in the applicant’s absence.

Decided: that the application by Craig McMaster for a Taxi Driver’s Licence be refused.

(3) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATION - RAYMOND CODONA

5. The Chief Solicitor advised (1) that an application (tabled) by Raymond Codona for a Public Entertainment Licence for two children’s amusement rides at the car park of the Faraday Retail Park, Coatbridge had been received, and (2) that an objection (tabled) to the application had been received from Councillor Welsh.

The Administrative Officer then indicated that Raymond Codona and Councillor Welsh were not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in the applicant and objector’s absence.

Decided: that the application by Raymond Codona for a Public Entertainment Licence be refused.

27 CORPORATE SERVICES (LICENSING) SUB - 25 August 2010

(4) STREET TRADER’S LICENCE - NEW APPLICATION - ANNE WHARRIE AND BRIAN WHARRIE PARTNERSHIP

6. The Chief Solicitor advised (1) that an application (tabled) by Anne Wharrie and Brian Wharrie Partnership for a Street Trader’s Licence to enable them to trade from a static snack van at the north east side of Woodhall, Eurocentral had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Strathclyde Police.

The Sub-Committee then heard Chief Inspector McPhail outline the Chief Constable’s objection to the application and Alexandra Tolson, Traffic and Transportation Section, Environmental Services and Brian Wharrie speak to the application.

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

The applicant, Alexandra Tolson and representatives of the Police were then re-admitted to the meeting.

Decided: that consideration of the application by Anne Wharrie and Brian Wharrie Partnership be continued.

(5) WINDOW CLEANER’S LICENCE - NEW APPLICATIONS

(a) JAMES ALEXANDER HUGHES

7. The Chief Solicitor advised that an application (tabled) by James Alexander Hughes for a Window Cleaner’s Licence had been received.

The Sub-Committee then heard the applicant and Chief Inspector McPhail speak in respect of the application.

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

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

Decided: that the application by James Alexander Hughes for a Window Cleaner’s Licence be granted.

(b) THOMAS McGlVERN

8. The Chief Solicitor advised that an application by Thomas McGivern for a Window Cleaner’s Licence had been received.

The Administrative Officer then indicated that Thomas McGivern 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 Thomas McGivern 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.

28 CORPORATE SERVICES (LICENSING) SUB - 8 September 2010

Motherwell, 8 September 2010 at 9.30 am.

A Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor Hogg, Convener; Councillor McAuley, Vice-Convener; Councillors Ferrie, lrvine and McElroy.

CHAIR

Councillor Hogg (Convener) presided.

IN AlTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Chief Solicitor (Licensing).

ALSO IN ATENDANCE

Superintendent Dougall and Sergeant Hayburn, “N” Division, Strathclyde Police.

APOLOGIES

Councillors Clarke, Harmon, S. Love and Sullivan.

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

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

1. No declarations were made.

HEARINGS

(1) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATION - STEVEN LENNON, SIMON FOY AND CRAIG KELMAN, TIA PARKLIFE LIMITED

2. The Chief Solicitor advised (1) that an application by Steven Lennon, Simon Foy and Craig Kelman, t/a Parklife Limited for a Public Entertainment Licence to enable them to stage live music, DJs and a funfair in Strathclyde Country Park, Motherwell on 11 September 2010 had been received; (2) that an objection to the application had been received from the Executive Director of Environmental Services; (3) that the Executive Director of Environmental Services had withdrawn his objection to the application, and (4) that the application had subsequently been granted under delegated powers.

29 CORPORATE SERVICES (LICENSING) SUB - 8 September 2010

Decided: that it be noted that the application by Steven Lennon, Simon Foy and Craig Kelman, tla Parklife Limited for a Public Entertainment Licence had been granted under delegated powers.

(2) SECOND HAND DEALER’S LICENCE - NEW APPLICATION - ARLENE HUNT AND CRAIG HUNT, THE WATCH MEDIC, TIA GOLD 375

3. The Chief Solicitor advised (1) that an application (tabled) by Arlene Hunt and Craig Hunt, the Watch Medic, tla Gold 375 for a Second Hand Dealer’s Licence to enable them to trade as Jewellers, Cheque Cashers and Gold Buyers at 2 Brandon Parade East, Motherwell had been received, and (2) that an objection (tabled) to the application had been received from the Executive Director of Environmental Services.

The Administrative Officer then indicated that Arlene Hunt was not in attendance.

The Sub-Committee then heard Moira McKenna, Building Standards outline the Executive Director of Environmental Services’ objection to the application and Craig Hunt speak in support of his application.

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

The applicant, Moira McKenna and representatives of the Police were then re-admitted to the meeting.

Decided: that the application by Arlene Hunt and Craig Hunt, the Watch Medic, t/a Gold 375 for a Second Hand Dealer’s Licence be granted, subject to the premises satisfying Building Standards requirements.

(3) WINDOW CLEANER’S LICENCE - NEW APPLICATION - GREIG WlLKlE 4. The Chief Solicitor advised that an application (tabled) by Greig Wilkie for a Window Cleaner’s Licence had been received.

The Sub-Committee then heard the applicant and Superintendent Dougall speak in respect of the application.

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

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

Decided: that the application by Greig Wilkie for a Window Cleaner’s Licence be granted for a period of one year.

(4) SECOND HAND DEALER’S LICENCE - NEW APPLICATION - ANTHONY JAMES COOPER

5. The Chief Solicitor advised (1) that an application by Anthony James Cooper for a Second Hand Dealer’s Licence to enable him to trade in second hand car sales at 42 Main Street, Chapelhall had been received; (2) that a late objection to the application had been received from the Chief Constable, Strathclyde Police, and (3) that Strathclyde Police wished to introduce further information.

The Sub-Committee then heard (1) Superintendent Dougall explain the reason for the Chief Constable’s objection being submitted late and indicate that a holding letter had been submitted within

30 CORPORATE SERVICES (LICENSING) SUB - 8 September 2010

the timescale, and (2) the applicant’s agent, Teresa McWilliams, Trainor Alston, Solicitors, advise, on behalf of her client, that she objected to the late objection by the Chief Constable being considered.

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

The applicant, Mrs. McWilliams and representatives of the Police were then re-admitted to the meeting.

The Sub-Committee determined that the late objection by the Chief Constable be considered.

The Sub-Committee, having enquired as to the general nature of the further information, was provided, in broad terms with such information by Superintendent Dougall, who advised why, in the Chief Constable’s opinion the further information be disclosed.

The Sub-Committee then heard Mrs. McWilliams who considered that details of the further information should not be disclosed.

Thereafter, the applicant, Mrs. McWilliams and representatives of the Police again withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The applicant, Mrs. McWilliams and representatives of the Police were again re-admitted to the meeting and the Sub-Committee advised that consideration of the request that further information be disclosed would be continued to a future meeting.

Decided: that consideration of the application by Anthony James Cooper for a Second Hand Dealer’s Licence be continued.

(5) WINDOW CLEANER’S LICENCE - NEW APPLICATION - ZAlD ZUBYDY 6. The Chief Solicitor advised (1) that an application by Zaid Zubydy for a Window Cleaner’s Licence had been received, and (2) that an objection to the application had been received from the Chief Constable, Strathclyde Police.

The Administrative Officer then indicated that Zaid Zubydy was not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in the applicant’s absence.

Decided: that the application by Zaid Zubydy 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.

31 SPECIAL CORPORATE SERVICES (LICENSING) SUB - 15 September 2010

Mothetwell, 15 September 2010 at 9.30 am.

A Special Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor Hogg, Convener; Councillor McAuley, Vice-Convener; Councillors Ferrie, Irvine, S. Love, McElroy and Sullivan.

CHAIR

Councillor Hogg (Convener) presided.

IN ATENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Chief Solicitor (Licensing).

ALSO IN ATTENDANCE

Sergeant Hayburn, “N” Division, Strathclyde Police.

APOLOGIES

Councillors Clarke and Harmon.

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

1. No declarations were made.

INDOORS SPORTS ENTERTAINMENT LICENCES - RENEWALS - BLANE DODDS, NORTH LANARKSHIRE LEISURE LIMITED, CIO TIME CAPSULE, 100 BUCHANAN STREET, COATBRIDGE ML5 IDL

2. The Chief Solicitor advised (1) that consideration of applications by Blane Dodds, North Lanarkshire Leisure Limited, clo Time Capsule, 100 Buchanan Street, Coatbridge for the renewal of Indoor Sports Entertainment Licences in respect of John Smith Pool, Stirling Street, Airdrie; Aquatec, Menteith Road, Motherwell; Airdrie Leisure Centre, Motherwell Street, Airdrie; Keir Hardie Sports Centre, Main Street, Holytown; Wishaw Sports Centre, Alexander Street, Wishaw; Shotts Leisure Centre, Benhar Road, Shotts; Birkenshaw Sports Hall, Fourth Street, Tannochside; Sir Matt Busby Sports Complex, 50 Main Street, Bellshill; lan Nicholson Centre, Chryston Road, Glasgow; Kirkwood Sports Barn, Viewfield Road, Coatbridge; Tryst Sports Centre, Tryst Walk, Cumbernauld; Kilsyth Swimming Pool, 1 Airdrie Road, Kilsyth, and Coatbridge Outdoor Sports Centre, Coatbridge had been received; (2) that objections to the applications had been received from the Executive Director of Environmental Services, and (3) that the Executive Director of Environmental Services had subsequently withdrawn his objections.

Decided: that the applications by Blane Dodds for the renewal of the Indoors Sports Entertainment Licences be granted.

32 SPECIAL CORPORATE SERVICES (LICENSING) SUB - 15 September 2010

PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATION - DAVID MONTGOMERY 3. The Chief Solicitor advised (1) that consideration of an application (tabled) by David Montgomery for a Public Entertainment Licence for a Summer Festival outside Stables Bar, East Waterhead Farm, Palacerigg Road, Cumbernauld had been received, and (2) that objections (tabled) to the application had been received from the Executive Director of Environmental Services and Ms. Murray, local resident.

The Administrative Officer then indicated that Ms. Murray was not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in Ms. Murray’s absence.

The Sub-Committee then heard Moira Cartwright outline the Executive Director of Environmental Services’ objections to the application and David Montgomery speak in support of his application.

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

The applicant, Moira Cartwright and the representative of the Police were then re-admitted to the meeting.

Decided: that the application by David Montgomery for a Public Entertainment Licence be granted, subject to the conditions set out by the Executive Director of Environmental Services.

33 CORPORATE SERVICES (LICENSING) SUB - 30 September 2010

Mothetwell, 30 September 2010 at 11 am.

A Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor Hogg, Convener; Councillors Ferrie, S.Love, McElroy and Sullivan. CHAIR

Councillor Hogg (Convener) presided.

IN AlTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Chief Solicitor (Licensing).

ALSO IN ATTENDANCE

Chief Inspector Connell and Sergeant Hayburn, ‘IN” Division, Strathclyde Police.

APOLOGIES

Councillors Cefferty, Clarke, Harmon, lrvine and McAuley.

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

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

1. Councillor Sullivan declared an interest on paragraph (2) below due to the applicant being known to him.

HEARINGS

Councillor Sullivan declared an interest in the following item of business as the applicant was known to him, withdrew from the meeting and took no part in the consideration thereof. SECOND HAND DEALER’S LICENCE - RENEWAL - JOHN HlGGlNS

2. The Chief Solicitor advised (1) that an application (tabled) by John Higgins for the renewal of his Second Hand Dealer’s Licence to enable him to trade in second hand car sales at 29 Moray Avenue, Airdrie had been received, and (2) that an objection (tabled) to the application had been received from the Executive Director of Environmental Services.

The Sub-Committee then heard Mr. Cruickshanks outline the Executive Director of Environmental Services’ objection to the application and John Higgins speak in support of his application.

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

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

34 CORPORATE SERVICES (LICENSING) SUB - 30 September 2010

Decided: that the application by John Higgins for the renewal of his Second Hand Dealer’s Licence be granted.

STREET TRADER’S LICENCE

(1) NEW APPLICATIONS

(a) ADELE CAMPBELL

3. The Chief Solicitor advised (1) that an application (tabled) by Adele Campbell for a Street Trader’s Licence to enable her to trade from a static snack van 3 metres from the Wishaw Wash and Part Worn Tyre Building at 457 Glasgow Road, Wishaw had been received, and (2) that objections (tabled) to the application had been received from (1) Councillor Lunny, a local Member; (2) Gareth Ward, local trader, and (3) E. Robertson, local trader, addressed to the Head of Planning and Development.

The Administrative Officer then indicated that Councillor Lunny and E. Robertson were not in attendance.

The Sub-Committee then heard Gareth Ward outline his objection to the application and Adele Campbell speak in support of her application.

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

The applicant, Gareth Ward and representatives of the Police were then re-admitted to the meeting.

Decided: that the application be Adele Campbell for a Street Trader’s Licence be refused

(b) ANNE WHARRIE AND BRIAN WHARRIE PARTNERSHIP

4. With reference to paragraph 6 of the Minute of the meeting of this Sub-Committee held on 25 August 2010 when consideration of an application (tabled) by Anne Wharrie and Brian Wharrie Partnership for a Street Trader’s Licence to enable them to trade from a static snack van, north east side of Woodhall, Eurocentral had been continued to allow the applicants another opportunity to appear before the Sub-Committee to speak in support of their application, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Strathclyde Police.

The Sub-Committee then heard Chief Inspector Connell outline the Chief Constable’s objection to the application and Mr. Johnstone, Roads and Transportation, Environmental Services and Brian Wharrie speak to the application.

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

The applicant, Mr. Johnstone and representatives of the Police were then re-admitted to the meeting.

Decided: that the application by Anne Wharrie and Brian Wharrie for a Street Trader’s Licence be refused.

(2) COMPLAINT - THOMAS DEMPSIE

5. The Chief Solicitor advised that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, complaints (tabled) had been received from (1 ) the Chief Constable, Strathclyde

35 CORPORATE SERVICES (LICENSING) SUB - 30 September 2010

Police; (2) Eric Rennie, Managing Director, Consarc Engineering Limited; (3) Morag Lyons, Marketing Manager, Muse Developments, and (4) Richard Bennett, Manufacturing Manager, Newsprinters (Eurocentral) Limited relative to the behaviour of Thomas Dempsie who current held a Street Trader’s Licence to enable him to trade from a static snack van in Byramsmuir Road, Eurocentral.

The Sub-Committee then heard (1) Eric Rennie, Morag Lyons and Richard Bennett outline their complaint, and table photographs and maps; (2) Chief Inspector Connell outline the Chief Constable’s complaint, and (3) Mr. Johnstone, Roads and Transportation and Thomas Dempsie speak in respect of the complaint, and table a petition in support.

Thereafter, Eric Rennie, Morag Lyons, Richard Bennett, Mr. Johnston and representatives of the Police and Thomas Dempsie withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

Thomas Dempsie, Eric Rennie, Morag Lyons, Richard Bennett, Mr Johnston and representatives of the Police were then re-admitted to the meeting.

The Sub-Committee determined that the complaints by Eric Rennie, Morag Lyons, Richard Bennett and the Chief Constable relative to the behaviour of Thomas Dempsie be upheld, then heard Thomas Dempsie in mitigation.

Thomas Dempsie, Eric Rennie, Morag Lyons, Richard Bennett, Mr. Johnston and representatives of the Police again withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

Thomas Dempsie, Eric Rennie, Morag Lyons, Richard Bennett, Mr. Johnston and representatives of the Police were again re-admitted to the meeting.

Decided: that the Street Trader’s Licence currently held by Thomas Dempsie be suspended for the unexpired duration of the Licence with immediate effect.

(3) NEW APPLICATION - KRlS MARSHALL

6. The Chief Solicitor advised (1) that an application (tabled) by Kris Marshall for a Street Trader’s Licence to enable him to trade from a static snack van 150 yards from Edinburgh Road towards the junction of Glasgow and Edinburgh Roads and Legbrannock Road, Holytown had been received; (2) that an objection (tabled) to the application had been received from the Executive Director of Environmental Services, and (3) that a late representation had been received from the Chief Constable, Strathclyde Police.

The Administrative Officer then indicated that Kris Marshall was not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in the applicant’s absence.

The Sub-Committee then heard Chief Inspector Connell explain the reasons for the Chief Constable’s representation being submitted late.

The Sub-Committee then heard (1 ) Mr. Johnstone outline the Executive Director of Environmental Services’ objection to the application, and (2) Chief Inspector Connell outline the Chief Constable’s representation.

Thereafter, Mr. Johnstone and representatives of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

Mr. Johnstone and representatives of the Police were then re-admitted to the meeting. Decided: that the application by Kris Marshall for a Street Trader’s Licence be refused.

36 CORPORATE SERVICES (LICENSING) SUB - 6 October 2010

Motherwell, 6 October 2010 at 9.30 am.

A Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor Hogg, Convener; Councillor McAuley, Vice-Convener; Councillors Ferrie, Harmon, and Sullivan.

CHAIR

Councillor Hogg (Convener) presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Chief Solicitor (Licensing).

ALSO IN AlTENDANCE

Superintendent Pretswell and Sergeant Hayburn, “N” Division, Strathclyde Police.

APOLOGIES

Councillors Cefferty, Clarke, Irvine, S. Love and McElroy.

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

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

1. No declarations were made.

INDOOR SPORTS ENTERTAINMENT LICENCE - NEW APPLICATION - NORTH LANARKSHIRE LEISURE TRUST LIMITED, THE TIME CAPSULE, 100 BUCHANAN STREET, COATBRIDGE

2. The Chief Solicitor advised (1) that an application by North Lanarkshire Leisure Trust Limited, The Time Capsule, 100 Buchanan Street, Coatbridge for an Indoor Sports Entertainment Licence in respect of the premises at Ravenscraig Regional Sports Facility, 1 O’Donnell Way, Motherwell had been received; (2) that an objection to the application had been received from the Executive Director of Environmental Services; (3) that the Executive Director of Environmental Services had withdrawn his objection to the application, and (4) that the application had subsequently been granted under delegated powers.

Decided: that it be noted that the application by North Lanarkshire Leisure Trust Limited for an Indoor Sports Entertainment Licence for the Ravenscraig Regional Sports Facility had been granted under delegated powers.

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 two 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.

37 CORPORATE SERVICES (LICENSING) SUB - 6 October 2010

PRIVATE HIRE CAR DRIVER’S LICENCE - NEW APPLICATIONS

(1) ASlF SATTAR

3. The Chief Solicitor advised (1) that an application by Asif Sattar for a Private Hire Car Driver’s Licence had been received; (2) that a late objection to the application had been received from the Chief Constable, Strathclyde Police, and (3) that Asif Sattar had requested that consideration of the matter be continued to allow him another opportunity to appear before the Sub-Committee to speak in support of his application.

Decided: that consideration of the application by Asif Sattar for a 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.

(2) CRAIG STEVENSON

4. The Chief Solicitor advised that an application (tabled) by Craig Stevenson for a Private Hire Car Driver’s Licence had been received.

The Sub-Committee then heard the applicant and Superintendent Pretswell speak in respect of the application.

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

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

Decided: that the application by Craig Stevenson for a Private Hire Car Driver’s Licence be granted for a period of one year.

SECOND HAND DEALER’S LICENCE - RECALL OF SUSPENSION - THOMAS DUNNE 5. With reference to paragraph 5 of the Minute of the meeting of this Sub-Committee held on 5 August 2009 when it was agreed that the Second Hand Dealer’s Licence, currently held by Thomas Dunne, be suspended for the unexpired duration of the Licence, the Chief Solicitor advised that a request had been received from Thomas Dunne’s agent, Stephen McGowan, Lindsays Solicitors, seeking the recall of the suspension of Thomas Dunne’s Second Hand Dealer’s Licence.

The Sub-Committee then heard Stephen McGowan in respect of the request.

Thereafter, Thomas Dunne, Stephen McGowan and representatives of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

Thomas Dunne, Stephen McGowan and representatives of the Police were re-admitted to the meeting.

Decided: that, in terms of paragraph 1l(6) of Schedule 1 of the Civic Government (Scotland) Act 1982, the suspension of Thomas Dunne’s Second Hand Dealer’s Licence be recalled.

38 CORPORATE SERVICES (LICENSING) SUB - 6 October 2010

LATE HOURS CATERING LICENCE - NEW APPLICATION - KAREN WALKER AND KENNY WALKER, PER MCDONALDS RESTAURANT, 402 NEW EDINBURGH ROAD, BELZIEHILL FARM, BELLSHILL

6. The Chief Solicitor advised that consideration of an application (tabled) by Karen Walker and Kenny Walker, per McDonalds Restaurant for a Late Hours Catering Licence in respect of the premises at McDonalds Restaurant, 402 New Edinburgh Road, Belziehill Farm, Bellshill had been received, and (2) of the background relative thereto.

The Sub-Committee then heard the applicants and Superintendent Pretswell speak in respect of the application.

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

The applicants and representatives of the Police were then re-admitted to the meeting.

Decided: that the application by Karen Walker and Kenny Walker for a Late Hours Catering Licence be granted.

WINDOW CLEANER’S LICENCE - NEW APPLICATIONS (1) DANNI McDOUGALL

7. The Chief Solicitor advised (1) that an application by Danni McDougall for a Window Cleaner’s Licence had been received, and (2) that an objection to the application had been received from the Chief Constable, Strathclyde Police.

The Sub-Committee then heard Superintendent Pretswell outline the Chief Constable’s objection to the application and Danni McDougall and his mother, Karen Pichenco speak in support of the application and table a letter from Crawford Mason, Solicitors.

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

The applicant, Karen Pichenco and representatives of the Police were then re-admitted to the meeting.

Decided: that the application by Danni McDougall for a Window Cleaner’s Licence be refused.

(2) THOMAS McGlVERN

8. The Chief Solicitor advised (1) that an application (tabled) by Thomas McGivern for a Window Cleaner’s Licence had been received, and (2) that a late objection to the application had been received from the Chief Constable, Strathclyde Police.

The Administrative Officer then indicated that Thomas McGivern was not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in the applicant’s absence.

39 CORPORATE SERVICES (LICENSING) SUB - 6 Ocfober 2010

The Sub-Committee then heard Superintendent Pretswell explain the reason for the Chief Constable’s objection being submitted late.

The Sub-Committee then heard Superintendent Pretswell outline the Chief Constable’s objection to the application.

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

Representatives of the Police were then re-admitted to the meeting.

Decided: that the application by Thomas McGivern for a Window Cleaner’s Licence be refused

(3) ZAlD ZUBYDY

9. The Chief Solicitor advised (1) that an application (tabled) by Zaid Zubydy for a Window Cleaner’s Licence had been received, and (2) that a late objection to the application had been received from the Chief Constable, Strathclyde Police.

The Administrative Officer then indicated that Zaid Zubydy was not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in the applicant‘s absence.

The Sub-Committee then heard Superintendent Pretswell explain the reason for the Chief Constable’s objection being submitted late.

The Sub-Committee then heard Superintendent Pretswell outline the Chief Constable’s objection to the application.

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

Representatives of the Police were then re-admitted to the meeting.

Decided: that the application by Zaid Zubydy for a Window Cleaner’s Licence be refused.