Minute of Meeting of the Civic Licensing Committee of 9

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ANGUS COUNCIL

MINUTE of MEETING of the CIVIC LICENSING COMMITTEE held in the Town and County Hall, Forfar on Tuesday 9 September 2003 at 6.00 pm.

Present: Councillors HELEN OSWALD, JOHN HENDERSON, ALEX KING, The Hon R J LESLIE MELVILLE, JOY MOWATT, PETER MURPHY, ROB MURRAY, BILL ROBERTON, ROBERT SPINK and TERRY WOOD.

Apology: An apology for absence was intimated on behalf of Councillor DAVID LUMGAIR.

Councillor OSWALD, Convener, in the Chair.

1. DECLARATIONS OF INTEREST

The Committee agreed to note that no declarations of interest were made.

2. DELEGATED APPROVALS

There was submitted Report No 1037/03 by the Director of Law and Administration detailing applications for licences under the Civic Government (Scotland) Act 1982 and other miscellaneous Acts which had been granted/renewed by the Director 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 under delegated powers during the period 6 August to 28 August 2003.

3. NEW APPLICATIONS

There was submitted Report No 1039/03 by the Director of Law and Administration 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) Shiona Mitchell - Private Hire Car Driver’s Licence

The Committee considered information received from Tayside Police in relation to an application for the grant of a private hire car driver’s licence received on 16 July 2003 from Shiona Mitchell, 14 Campbell Crescent, Arbroath.

The Committee noted that Ms Mitchell was unable to attend the Committee as she was away on holiday and agreed that the application be granted, subject to the standard conditions.

(b) Tony Neal Limited - Second-Hand Dealers Licence

The Committee considered an application for the grant of a second-hand dealer’s licence received on 9 July 2003 from Anthony Neal and Elizabeth Neal trading as Tony Neal Limited, 23 Ferrier Street, Carnoustie.

Mr and Mrs Neal were not present.

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

"That no retail sales from 23 Ferrier Street, Carnoustie be permitted".

The Committee considered a letter of objection dated 26 August 2003, in relation to

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an application for the grant of a late hours catering licence received on 11 August 2003 from Margaret Hussain, 1 Ellen Street, Dundee, trading as Kohe-Noor & Iannarellis, 141 - 145 East High Street, Forfar for the hours:-

Sunday to Thursday 11.00 pm to 12 midnight Friday and Saturday 11.00 pm to 1.00 am

Ms Hussain and her agent Ms Beggs were present but did not address the Committee.

The Committee noted that no objections had been received and agreed that the late hours catering licence be granted, subject to the standard conditions and for the standard hours requested.

4. STREET TRADERS’ LICENCES – VARIATION OF CONDITIONS (FIXED PITCH REQUESTS)

There was submitted Report No 1040/03 by the Director of Law and Administration on applications received for the variation of conditions under the Civic Government (Scotland) Act 1982 which required to be determined by the Committee, as detailed in the Appendix to the Report.

(a) Derek Gray - Street Trader's Licence - Fixed Pitch Request

With reference to Article 6(a) of the minute of meeting of this Committee of 21 August 2003, the Committee considered a request received on 16 May 2003 from Derek Gray to waive condition 7(d) of his street trader's licence to allow him a fixed pitch to site an ice cream van at Victoria Park, Arbroath, as detailed in the letter and plan appended to the Report.

Mr Gray was not present.

The Committee agreed to waive condition 7(d) of Mr Gray's street trader's licence to allow him a fixed pitch to site an ice cream van at Victoria Park, Arbroath, subject to a condition that the siting of the van at this location did not cause a wear problem on the grassed area concerned.

(b) Ronald Watson - Street Trader's Licence - Fixed Pitch Request

The Committee considered a request received on 28 July 2003 from Ronald Watson, to waive condition 7(d) of his street trader's licence to allow him a fixed pitch to site a plant stall at Applegate, Arbroath every Sunday and Wednesday from 9.00 am until 4.00 pm, as detailed in the letter and plan attached to the Report.

The Committee agreed to waive condition 7(d) of Mr Watson's street trader's licence to allow him a fixed pitch to site a plant stall at Appelgate, Arbroath on a Sunday and Wednesday from 9.00 am until 4.00 pm, subject to the conditions:

(i) that Mr Watson does not trade on the same days as any other trader and must contact the Roads Department on a month to month basis to check the availability of the site; and

(ii) that no trading be permitted outwith the hours of 9.00 am and 4.00 pm.

The Committee considered an request received on 14 February 2003 from Hazel McFadzean to waive condition 7(d) of her street traders licence to allow her a fixed pitch to site a burger van at Carseview Road, Forfar, as detailed in the letter attached to the Report.

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The Committee noted that Ms McFadzean was unable to attend the meeting and agreed to waive condition 7(d) of her street traders licence to allow her a fixed pitch to site a burger van at Carseview Road, Forfar.

5. APPLICATION TO PLACE ADVERTISEMENT ON TAXI

There was submitted Report No 1041/03 by the Director of Law and Administration regarding an application received from Mr H Grube, 3b Walker Place, Arbroath requesting permission to place an advertisement on taxi No 127 operated by Abbey Taxis, Arbroath, as detailed in the plan attached to the Report.

The Committee agreed to permit the advertisement to be placed on taxi no. 127 operated by Abbey Taxis as requested by Mr Grube.

6. DESIGNATED SPORTS GROUNDS AND REGULATED STANDS IN ANGUS

With reference to Article 5 of the minute of meeting of this Committee of 1 October 2002, there was submitted Report No 1042/03 by the Director of Law and Administration which dealt with the annual inspection by the Tayside Sports Grounds Safety Team of Gayfield Park, Arbroath and the regulated stands at Links Park, Montrose, Glebe Park, Brechin and Station Park, Forfar.

The Report advised that since last year, Arbroath Football Club had completed the refurbishment of the stand at Gayfield Park, which had resulted in improved spectator safety at the ground. The new facility had been inspected by the Safety Team and the necessary amendments to the Club’s General Safety Certificate had been made and issued to the Club in accordance with the delegated authority.

The Report also indicated that, in the light of Brechin City's promotion to the First Division, arrangements had been made with the Club in respect of crowd segregation after consultation with Tayside Police. Members were asked to note that this would only be necessary at pre- determined games where attendance figures could reasonably be anticipated to be higher than the norm, or Police intelligence suggested that segregation would be in the interest of crowd safety.

The Report concluded that the Inspection Reports and the responses from the Football Clubs concerned, indicated that appropriate efforts were continuing to be made to deal with spectator safety within the limited resources available to them. Nevertheless, the Safety Team would continue to monitor the situation at each ground in Angus on a regular basis and, if necessary, would advise the Council whether any action was required in connection with the Safety Certificates.

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 and the responses from the respective Clubs;

(ii) to note the new arrangements at Glebe Park and delegate to the Director of Law and Administration to make any necessary amendments to the General Safety Certificates and issue them to 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.