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ANGUS COUNCIL

MINUTE of MEETING of the CIVIC LICENSING COMMITTEE held in the Town and County Hall, Forfar on Tuesday 7 September 2010 at 6.00 pm.

Present: Councillors IAN MACKINTOSH, DAVID FAIRWEATHER, COLIN BROWN, MAIRI EVANS, DAVID LUMGAIR, ROB MURRAY and HELEN OSWALD.

Councillor MACKINTOSH, Convener, in the Chair.

1. APOLOGIES

Apologies for absence were intimated on behalf of Councillors Jim Millar, Mark Salmond, Bob Spink and Margaret Thomson.

2. DECLARATIONS OF INTEREST

Councillor Oswald declared an interest in item 6 as her son-in-law’s brother plays for Football Club, (Junior Section). She advised that she would be taking part in any discussion and voting.

3. MINUTE OF PREVIOUS MEETING

The minute of meeting of this Committee of 17 August 2010 was approved as a correct record and signed by the Convener.

4. DELEGATED APPROVALS

There was submitted Report No 658/10 by the Director of Corporate Services detailing applications for licences under the Civic Government (Scotland) Act 1982 and other miscellaneous Acts, which had been granted/renewed by the Head of Law and Administration in accordance with the Scheme of Delegation appended to Standing Orders.

The Committee agreed to note the applications, detailed in the Appendix to the Report, granted/renewed under delegated powers during the period 5 to 24 August 2010.

5. BALCATHIE FARM, BY ARBROATH

There was submitted Report No 659/10 by the Director of Infrastructure Services regarding an application received from Andrew Gray, for a licence to operate a temporary workers caravan site at Balcathie Farm, by Arbroath.

The Committee agreed:-

(i) to grant a temporary workers caravan site licence to Andrew Gray, Auchrennie Farm, Muirdrum, by Carnoustie, for a site located at Balcathie Farm, by Arbroath for up to 14 static caravans, the site licence to expire on 2 July 2015; and

(ii) to note that the site would operate between 1 March to 31 October each year.

6. DESIGNATED SPORTS GROUNDS AND REGULATED STANDS IN ANGUS

With reference to Article 9 of the minute of meeting of this Committee of 18 August 2009, there was submitted Report No 671/10 by the Director of Corporate Services which dealt with the annual inspection by the Tayside Sports Ground Safety Team of Gayfield Park, Arbroath, and the regulated stands at , Montrose, Glebe Park, Brechin and Station Park, Forfar.

429 The Committee agreed:-

(i) to note the outcome of the annual inspections of the sports ground at Gayfield Park, Arbroath and the regulated stands at Links Park, Montrose, Glebe Park, Brechin and Station Park, Forfar;

(ii) to note that the General Safety Certificates had been issued to Arbroath, Brechin, Forfar and Montrose Football Clubs covering the period 1 July 2010 to 30 June 2011, subject to identified actions being taken by the clubs; and

(iii) to remit to the Tayside Sports Grounds Safety Team to follow up the various matters raised in the inspection reports with the clubs concerned.

7. EXCLUSION OF PUBLIC AND PRESS

The Committee resolved, in terms of Standing Order 27(2) that the public and press be excluded from the meeting during consideration of the following items, so as to avoid the possible disclosure of information that was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraphs 3 and 6.

8. NEW APPLICATIONS

There was submitted Report No 672/10 by the Director of Corporate Services on applications received for new licences under the Civic Government (Scotland) Act 1982 and other miscellaneous Acts, which required to be determined by the Committee, as detailed in the appendix to the Report.

(a) Taxi Driver's Licence (TD13)

The Committee considered an application for a taxi driver's licence (TD13) received on 11 March 2010 and noted that the applicant had not completed a satisfactory knowledge test.

The applicant was not present.

The Committee noted that the application required to be determined before its next scheduled meeting and agreed that the application be refused on the grounds that the applicant was not a fit and proper person to hold a licence.

(b) Taxi Driver's Licence (TD14)

The Committee considered a letter of representation received from Tayside Police dated 6 July 2010 in relation to an application for a taxi driver's licence (TD14) received on 30 June 2010.

The applicant was present and answered questions from the Committee.

The Committee agreed that the application be granted, subject to standard conditions.

(c) Dog Breeding Establishment Licence (DB2)

The Committee considered a letter of representation received from Tayside Police dated 11 May 2010 in relation to an application for a dog breeding establishment licence (DB2) received on 5 May 2010 and noted that a memorandum from the Senior Service Manager, Economic Development and Environmental and Consumer Protection Division dated 4 August 2010 had been received outwith the statutory 21 day period.

Stewart Ball, Senior Service Manager advised the Committee that the memorandum had been submitted late due to the Council’s animal health inspector being unable to inspect the premises, resulting in them being unable to reply within the statutory period.

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The Committee agreed that it was satisfied there were sufficient reasons for the lateness of the memorandum and accordingly it was then circulated to the Committee.

The applicant was present and addressed the Committee after which the Committee heard from Stewart Ball, Senior Service Manager, Economic Development and Environmental and Consumer Protection Division.

The Committee agreed that the application be granted, subject to the standard conditions and the following additional conditions:-

(i) that no more than 5 bitches be used in the breeding establishment and these be identified by microchip; and

(ii) that all dogs in the establishment have a valid certificate of vaccination, and that the records of mating, births and sale of puppies be available for inspection at all times.