GENERAL PURPOSES (LICENSING) SUB – 19 November 1998

Motherwell, 19 November 1998 at 9.30 am.

A Meeting of the GENERAL PURPOSES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor Craig, Convener; Councillors Barrie, Chadha, Clarke, Devine, Gormill, Grant, J. Martin, Shaw and Wilson.

CHAIR

Councillor Craig (Convener) presided.

IN ATTENDANCE

The Committee Services Officer; Head of Legal Services; Chief Solicitor (Licensing), and Senior Solicitor (Licensing).

ALSO IN ATTENDANCE

Superintendent Ingram and N. Slamin, “P” Division, and Superintendent Buchan, Sgt. Coogans and Mrs. S. Murray, “N” Division, Strathclyde Police.

APOLOGIES

Councillors Leitch, McCabe and McKendrick.

ALLOCATION OF VACANT TAXI LICENCES

1. With reference to paragraph 2 of the Minute of the meeting of this Sub-Committee held on 5 June 1998, there was submitted a report dated 9 November 1998 by the Head of Legal Services (1) reminding Members that since the number of applicants for a vacant Taxi Licence in the South Licensing Area, all of whom had agreed to provide a fully wheelchair accessible purpose built taxi, exceeded the number of Licences which were available, the Sub-Committee had agreed to take further criteria into consideration before reaching a final determination, and (2) advising that, following a further Licence becoming available, the number of applicants who had responded affirmatively to the initial questions now equalled the number of vacant Licences and, accordingly, there was now no requirement to take into account any further criteria.

Decided: that applications for Taxi Licences be processed and, subject to satisfactory police reports, Licences be issued to (1) Hugh Green, 10 High Street, ; (2) Constantine and Peter Coakley, 4 Amethyst Avenue, ; (3) John Fearon, 23 Abbotsford Road, , and (4) John and Kim Keenan, 43 Hillside Crescent, Newarthill.

SECOND HAND DEALER’S LICENCE - NEW APPLICATION

2. The Sub-Committee considered an application received for a Second Hand Dealer’s Licence, and resolved as follows, viz:-

15 GENERAL PURPOSES (LICENSING) SUB – 19 November 1998

Applicant: David Clark, 17 Corrie Drive,

Nature of Business: Second Hand Cars.

Premises: Woodend Garage, 11 Road, Mossend

Decided: that the application by David Clark for a Second Hand Dealer’s Licence be granted.

STREET TRADER’S LICENCE - NEW APPLICATION

3. The Sub-Committee considered an application received for a Street Trader’s Licence, and resolved as follows, viz:-

Applicant: Joseph Hunter, 37 Binniehill Road, Balloch,

Nature of Business: Snack Van.

Location: Tower Road, Blairlinn Industrial Estate, Cumbernauld

Decided: that consideration be continued to allow the applicant an opportunity to appear before the Sub-Committee to speak in support of his application.

It was agreed in terms of Section 50A(4) of the Local Government () 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.

TAXI DRIVER’S LICENCE - NEW APPLICATIONS

4. The Sub-Committee considered applications received for a Taxi Driver’s Licence, and resolved as follows, viz:-

Applicant: Ian Dunne, 77 Kirkhill Road, Netherton, Wishaw

Decided: that consideration be continued to allow the applicant an opportunity to appear before the Sub-Committee to speak in support of his application.

Applicant: William Sutherland Tippett, 54 Spruce Road, Abronhill, Cumbernauld

Decided: that consideration be continued to allow the applicant an opportunity to appear before the Sub-Committee to speak in support of his application.

PRIVATE HIRE CAR LICENCE - NEW APPLICATION

5. The Sub-Committee considered an application received for a Private Hire Car Licence, and resolved as follows, viz:-

16 GENERAL PURPOSES (LICENSING) SUB – 19 November 1998

Applicant: Alexander Rungrose, 98 Howletnest Road, Airdrie and Tracy Horn, 96 Howletnest Road, Airdrie

Decided: that consideration be continued to allow the applicants an opportunity to appear before the Sub-Committee to speak in support of their application.

PRIVATE HIRE CAR DRIVER’S LICENCE - NEW APPLICATIONS

6. The Sub-Committee considered applications received for a Private Hire Car Driver’s Licence, and resolved as follows, viz:-

Applicant: Tracy Horn, 96 Howletnest Road, Airdrie

Decided: that consideration be continued to allow the applicant an opportunity to appear before the Sub-Committee to speak in support of her application.

Applicant: Charles Findlay Hardie, 8 Innellan Crescent,

Decided: that consideration be continued to allow the applicant an opportunity to appear before the Sub-Committee to speak in support of his application.

TAXI LICENCE - VARIATIONS - APPLICATIONS

7. The Sub-Committee considered applications received for the variation of Taxi Licences, and resolved as follows, viz:-

Applicant: John Murphy, 28 Woodhall Street, Airdrie

Requested: that David Gray Upton, 6 Alloway Drive, Airdrie be added to his Licence as a Partner.

Decided: that consideration be continued to allow the applicant an opportunity to appear before the Sub-Committee to speak in support of his application.

Applicant: James Gerard Driscoll and Lynn Driscoll, 15 Aitken Street, Airdrie

Requested: that James Gerard Driscoll’s name be removed from the Licence and Lynn Driscoll to remain as sole Licence holder.

Decided: that consideration be continued.

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

HEARINGS

(1) PRIVATE HIRE CAR DRIVER’S LICENCE - NEW APPLICATION - ROBERT ANDERSON DUNCAN, 21 WOOD VIEW, ALLANTON

8. With reference to paragraph 5 of the Minute of the meeting of this Sub-Committee held on 1 October 1998, the Head of Legal Services advised (1) that consideration of an application by Robert

17 GENERAL PURPOSES (LICENSING) SUB – 19 November 1998

Anderson Duncan, 21 Wood View, Allanton for 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; (2) that the Chief Constable had objected to the application, and (3) that Robert Anderson Duncan 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 Superintendent Ingram who advised why, in the Chief Constable's opinion, full details of Robert Anderson Duncan’s 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 Superintendent Ingram give details of the spent convictions and outline the Chief Constable's objections and Robert Anderson Duncan and his agent, Mr. Gloyer speak in support of the application.

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

Councillor Barrie, seconded by Councillor Shaw, moved that the application by Robert Anderson Duncan for a Private Hire Car Driver’s Licence be granted for a one year period.

Councillor J. Martin, seconded by Councillor Chadha, moved, as an amendment, the application by Robert Anderson Duncan for a Private Hire Car Driver’s Licence be refused.

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

Decided: that the application by Robert Anderson Duncan for a Private Hire Car Driver’s Licence be granted for a one year period.

The Police were re-admitted to the meeting.

(2) PRIVATE HIRE CAR LICENCE - NEW APPLICATION - ROBERT RUSSELL, 78 BON ACCORD CRESCENT, SHOTTS

9. With reference to paragraph 4 of the Minute of the meeting of this Sub-Committee held on 1 October 1998, the Head of Legal Services advised (1) that consideration of an application by Robert Russell, 78 Bon Accord Crescent, Shotts for a Private Hire Car Licence had been continued to allow the applicant an opportunity to appear before the Sub-Committee to speak in support of his application; (2) that the Chief Constable had objected to the application, and (3) that Robert Russell 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 Superintendent Ingram who advised why, in the Chief Constable's opinion, full details of Robert Russell’s 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 Superintendent Ingram give details of the spent convictions and outline the Chief Constable's objections and Robert Russell speak in support of his application.

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

Decided: that the application by Robert Russell for a Private Hire Car Licence be granted.

The Police were re-admitted to the meeting.

18 GENERAL PURPOSES (LICENSING) SUB – 19 November 1998

SUSPENSION HEARINGS - PRIVATE HIRE CAR DRIVER’S LICENCES - STEPHEN HALLIDAY, 95 DOUGLAS STREET, AND DANIEL DUFFY, 13 PALM PLACE, VIEWPARK

10. With reference to paragraphs 8 and 9 of the Minute of the meeting of this Sub-Committee held on 29 October 1998, the Head of Legal Services advised that consideration of complaints which had been received from the Chief Constable relative to the behaviour of Stephen Halliday, 95 Douglas Street, Viewpark and Daniel Duffy, 13 Palm Place, Viewpark, who currently held Private Hire Car Driver’s Licences, had been continued to allow Stephen Halliday and Daniel Duffy an opportunity to appear before the Sub-Committee to speak in relation to these complaints.

The Sub-Committee then heard Superintendent Ingram outline the Chief Constable’s complaints and Stephen Halliday, his agent Mr. Devanny, and Daniel Duffy speak in relation to the complaints.

Thereafter, Stephen Halliday, Mr. Devanny, Daniel Duffy, Superintendent Ingram and representatives of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

Decided: that, with effect from 28 days, the Private Hire Car Driver’s Licences held by Stephen Halliday and Daniel Duffy be suspended for a six month period.

The Police were re-admitted to the meeting.

HEARINGS

(1) LATE HOURS CATERING LICENCE - NEW APPLICATION - SHAFIQ AHMED, 160 ALBERT DRIVE, GLASGOW

11. With reference to paragraph 1 of the Minute of the meeting of this Sub-Committee held on 29 October 1998, the Head of Legal Services advised (1) that consideration of an application by Shafiq Ahmed, 160 Albert Drive, Glasgow for a Late Hours Catering Licence in respect of his premises at Cafe Rumza, 55 Lauchope Street, , Airdrie 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 objections to the application had been received from Alex and Marion Chapman, 56 Lauchope Street, Chapelhall, Airdrie; Patrick McCormick, 35 Lauchope Street, Chapelhall, Airdrie, and Derek Robson, 45 Lauchope Street, Chapelhall, Airdrie.

The Sub-Committee then heard Alex Chapman, Patrick McCormick and Derek Robson all outline their objections to the application and Mr. and Mrs. Shafiq Ahmed speak in support of Mr. Ahmed’s application.

Thereafter, the applicant and his wife, Alex Chapman, Patrick McCormick and Derek Robson withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

Decided: that the application by Shafiq Ahmed for a Late Hours Catering Licence be refused.

The Police were re-admitted to the meeting.

(2) PRIVATE HIRE CAR LICENCE AND PRIVATE HIRE CAR DRIVER’S LICENCE - NEW APPLICATIONS - JOSEPH McALLISTER, 42 McKENNA DRIVE, AIRDRIE

12. With reference to paragraph 4 of the Minute of the meeting of this Sub-Committee held on 1 October 1998, the Head of Legal Services advised (1) that consideration of an application by Joseph McAllister, 42 McKenna Drive, Airdrie for a Private Hire Car Licence and a Private Hire Car Driver’s Licence had been continued to allow the applicant an opportunity to appear before the Sub-

19 GENERAL PURPOSES (LICENSING) SUB – 19 November 1998

Committee to speak in support of his applications; (2) that the Chief Constable had objected to the applications, and (3) that Joseph McAllister 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 Superintendent Buchan who advised why, in the Chief Constable's opinion, full details of Joseph McAllister’s 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 Superintendent Buchan give details of the spent convictions and outline the Chief Constable's objections and Joseph McAllister speak in support of his application.

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

Decided: that the applications by Joseph McAllister for a Private Hire Car Licence and a Private Hire Car Driver’s Licence be refused.

The Police were re-admitted to the meeting.

(3) PRIVATE HIRE CAR DRIVER’S LICENCE - NEW APPLICATION - ROBERT CAMPBELL, 24 ASH ROAD, ABRONHILL, CUMBERNAULD

13. With reference to paragraph 5 of the Minute of the meeting of this Sub-Committee held on 29 October 1998, the Head of Legal Services advised (1) that consideration of an application by Robert Campbell, 24 Ash Road, Abronhill, Cumbernauld for 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 Robert Campbell 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 the Head of Legal Services. The applicant then advised that he had no objections to the spent convictions being disclosed.

The Sub-Committee then heard the Head of Legal Services give details of the spent convictions and Superintendent Buchan and Robert Campbell speak in respect of the application..

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

Decided: that the application by Robert Campbell for a Private Hire Car Driver’s Licence be refused.

The Police were re-admitted to the meeting.

(4) STREET TRADER’S LICENCE - VARIATION - DAVID WILSON, 13 FORREST STREET, AIRDRIE

14. With reference to paragraph 13 of the Minute of the meeting of this Sub-Committee held on 20 August 1998, the Head of Legal Services advised (1) that consideration of applications by David Wilson, Drumgelloch House, 13 Forrest Street, Airdrie for a variation of his Street Trader’s Licences to enable him to trade from his mobile ice cream van at Muiryhall Street, (adjacent to St. Patrick’s High School), and Kennihill, Airdrie (adjacent to Airdrie Academy), had been continued for enquiries to be undertaken with regard to the variations, and (2) that an objection to the applications had been received from the Director of Education.

The Committee Services Officer then indicated that David Wilson was not in attendance.

20 GENERAL PURPOSES (LICENSING) SUB – 19 November 1998

The Sub-Committee then heard the Head of Provisions/Contract Services outline the Director of Education’s objections to the applications. Thereafter, the Head of Provisions/Contract Services withdrew from the meeting and the Sub-Committee resumed consideration of the matter in the applicant’s absence.

Decided: that the applications by David Wilson for a variation of his Street Trader’s Licences be refused.

(5) TAXI DRIVER’S LICENCE - NEW APPLICATION - RAYMOND McGUIRE, 14 WESTERMAVISBANK AVENUE, AIRDRIE

15. With reference to paragraph 3 of the Minute of the meeting of this Sub-Committee held on 1 October 1998, the Head of Legal Services (1) advised that consideration of an application by Raymond McGuire, 14 Westermavisbank Avenue, Airdrie 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, and (2) indicated the Chief Constable had submitted a late objection to the application.

The Committee Services Officer then indicated that Raymond McGuire was not in attendance.

The Sub-Committee then heard Superintendent Buchan outline the Chief Constable’s objection to the application, and explain why the objection had been submitted late.

Thereafter, Superintendent Buchan and representatives of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter in the applicant's absence.

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

21