Licensing Sub Committee of Corporate Services Committee 24 September 2002
IRVINE, 24 September 2002 - At a meeting of the Licensing Sub Committee of Corporate Services Committee at 2.00 p.m.
Present David Munn, Robert Reilly, Jack Carson, Ian Clarkson, David Gallagher, John Moffat and David O'Neill.
In Attendance I Mackay, Assistant Chief Executive; J Kerr, Principal Licensing and District Court Officer and A Toul, Clerical Assistant (Legal and Protective); and S Bale and A Sobieraj, Corporate and Democratic Support Officers (Chief Executive's).
Chair Councillor Munn in the Chair. Apologies for Absence Samuel Gooding and Elizabeth McLardy. 1. Civic Government (Scotland) Act 1982: Taxi and Private Hire Car Licences
Submitted report by the Assistant Chief Executive (Legal and Protective) on proposals for the review of the licensing procedures for taxi and private hire cars in respect of application forms and licensing conditions.
The Civic Government (Scotland) Act 1982 sets out specific requirements which regulate the powers of licensing authorities to make changes to their licensing systems. This means that any changes to application forms or the conditions of licences must be approved by the authority and that specific procedures must be followed to vary the conditions of existing licences.
These issues had, in the first instance, been considered by the Member/Officer Working Group on Civic Government: Licensing Review and the Group's recommendations were presented for consideration, as follows: -
(a) New application forms have been drawn up for taxi and private hire car licences and for substitute vehicles for both categories, with a revised layout and more information required which will assist in processing the application;
(b) The new licence conditions use a new format highlighting the main points of the licence. The section in respect of plates has been reworded to take into account the new system of front and rear plates and window stickers. A clause has been added in respect of assistance dogs and a total ban on smoking in the vehicle has been imposed. Some of the former conditions have been reworded for clarity and remaining changes are minor.
Page 1 (c) As part of the review of the limit of the number of taxi licences to be issued, all new and reissued licences will be subject to a new vehicle specification. These licences will only be granted in respect of vehicles capable of carrying non ambulatory disabled. The new taxi licence conditions will be used, but additional conditions will be added dependent on the type of vehicle concerned;
(d) The revised conditions will be adopted for all new private hire cars; and
(e) As the Civic Government (Scotland) Act 1982 requires that each licenceholder be given the opportunity to be heard before any licence condition is varied, approximately 300 Hearings will require to be convened for existing licenceholders.
The Sub Committee agreed (i) to approve the new format of application forms as considered by the Member/Officer Working Group on the Civic Government (Scotland) Act 1982: Licensing Review on 25 June 2002; (ii) to authorise the commencement of the statutory consultation procedure to vary conditions attached to all existing taxi and private hire car licences in accordance with Appendices A and B to the report respectively; (iii) that the Principal Licensing and District Court Officer arranges to convene Hearings in terms of the legislation for all existing licenceholders in groups as considered appropriate; (iv) that all new taxi licences issued will be in accordance with conditions set out in Appendix A to the report subject to (a) an amendment to Condition 7 in respect of plates and window notices, to read "If one or both of the plates is lost or if it cannot be read, the licensed vehicle cannot operate as a taxi until a replacement plate supplied by the licensing authority, has been securely fixed to the appropriate part of the vehicle"; (b) an amendment to Condition 8 in respect of advertisements to read "The licenceholder is permitted to advertise on the sides, but not on the front, rear or roof of the vehicle, subject to the approval of the licensing authority"; and (c) any additional conditions arising from the requirement that these vehicles must be wheelchair accessible; (v) that a policy on advertising be submitted to a future meeting; and (vi) that all new private hire car licences issued after 1 October 2002 will be in accordance with the revised conditions as set out in Appendix B to the report, subject to an amendment to Condition 8 in respect of plates and window notices, to read "If one or both of the plates is lost or if it cannot be read, the licensed vehicle cannot operate as a Private Hire Car until a replacement plate, supplied by the licensing authority, has been securely fixed to the appropriate part of the vehicle".
2. Zoo Licensing Act 1981
Submitted report by the Assistant Chief Executive (Legal and Protective) on a request from the University Marine Biological Station, Millport to seek from Scottish Ministers a direction under Section 14 of the Zoo Licensing Act 1981 that this Act does not apply to that establishment.
If the Council supports the request, it will inform Scottish Ministers that, in its opinion, a direction should be made that the establishment is exempt from the requirement to be licensed on account of the small size of the zoo, or the small number of "kinds" of animals kept there. The definition of animals within the Act includes fish.
Page 2 The Marine Biological Station keeps all its animals within an aquarium, which occupies a very small area of the station. Visits to the aquarium by members of the public for viewing only are very low compared to those visiting for research and teaching.
The Sub Committee agreed to seek from Scottish Ministers a direction under Section 14 of the Zoo Licensing Act 1981 that this Act does not apply to the University Marine Biological Station, Millport.
3. Exclusion of Public
The Sub Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude from the meeting the press and the public for the following items of business on the grounds indicated in terms of Paragraph 6, 13 and 14 of Part 1 of Schedule 7A of the Act.
4. Civic Government (Scotland) Act 1982: Second Hand Dealers Licences
Submitted report by the Assistant Chief Executive (Legal and Protective) on a variation of licensing conditions attached to licences presently in force.
At the meeting on 12 August 2002, the Sub Committee agreed to invite the current holders of Second Hand Dealers Licences to a Hearing to consider the revised conditions to be attached to their licences. 63 existing licenceholders were invited to attend the meeting but none were present. Two licenceholders had submitted apologies in writing and requested that their Hearings be continued.
The Sub Committee agreed (a) to vary the conditions attached to licences presently in force in respect of licenceholders as indicated in the attached Appendix LS1 in accordance with Paragraph 10 of Schedule 1 of the Act; and (b) to recall the Hearings in respect of licenceholders SHDL/031 & SHDL/039.
5. Civic Government (Scotland) Act 1982: Applications for Licences
Submitted report by the Assistant Chief Executive (Legal and Protective) on (a) applications for the grant or renewal of licences which require to be dealt with by the Sub Committee; (b) licenceholders where the issues raised may require a Hearing; and (c) individual licences where a formal Hearing has been convened.
The Sub Committee agreed to dispose of these matters as indicated in the attached Appendix LS2.
The meeting ended at 3.00 p.m.
Page 3 Licensing Sub Committee of Corporate Services Committee 24/09/2002
Appendix No LS1
List of Second Hand Dealers
Ref No Applicant Details of Premises
SHDL/005 Paul O'Hanlon 26 Hamilton Street 6 Melbourne Terrace Saltcoats Saltcoats
SHDL/011 James Bunting 2 Headrigg No 5 Parkend West Kilbride Cubrieshaw Drive and West Kilbride 125/126 Main Street West Kilbride
SHDL/018 Douglas Archibald 15b Spiersfield Court 15b Speirsfield Court Paisley Paisley
SHDL/023(B) Emco Holdings Ltd 20 Green Street 12 Hamilton Street Saltcoats Saltcoats
SHDL/024(A) Emco Holdings Ltd 104/106 Dockhead Street 12 Hamilton Street Saltcoats Saltcoats
SHDL/026 Eileen McCormick 10 Bradshaw Street 41 Ailsa Street Saltcoats East Girvan
SHDL/030 Gianpiero Narducci 5 Lade Street 5 South Crescent Largs Ardrossan and 13 Waterside Street Largs
SHDL/042 Christopher Fieldhouse Shore Road Dal-na-Mara Brodick Golf Course Road Isle of Arran Whiting Bay Isle of Arran SHDL/045 Beith Domestics 54-56 Main Street 54-56 Main Street Beith Beith
Page 1 SHDL/047 Robert Narducci 13 Waterside Street 5 South Crescent Largs Ardrossan and 5 Lade Street Largs
SHDL/051 Edward Allison 12a Countess Street 12 Countess Street Saltcoats Saltcoats
SHDL/055 James Lees Corrie Crafts & Antiques Cir Mhor Hotel Square Sannox Corrie Isle of Arran Isle of Arrran
SHDL/058 Stanley Oberheim 18/20 Bridgend Threadmill Kilwinning Blair Road Kilwinning
SHDL/060 Cornelius McDade 149 High Street 33 Irvine Road Irvine Crosshouse and Kilmarnock 10 Dockhead Street Saltcoats
SHDL/073 Nyree Cheyne 48a Main Street 62L Canal Street Kilwinning Saltcoats
SHDL/075 Gianpiero Narducci Garage 5 South Crescent Factory Place Ardrossan Saltcoats
SHDL/077 Neil Speirs 153 High Street 21 Mill Road Irvine Irvine
SHDL/078 Patricia Misset Brookholm Brookholm Burnhouse Burnhouse
SHDL/081 Malcolm Chadwick The Byre 18 North Crescent Road Dalgarven Mill Museum Ardrossan Dalry Road Kilwinning
SHDL/083 Robert Cameron 69 Eglinton Street 311 Hillpark Drive Beith Hillpark Glasgow
Page 2 List of Second Hand Motor Vehicle Dealers
Ref No Applicant Details of Premises
SHDL/001 William McMaster 17 Canal Street 4 Busby Place Saltcoats Kilwinning
SHDL/003 David Mackie 4 Wylie Road 5 Hogarth Avenue Saltcoats Saltcoats
SHDL/006 William Anderson 1 St Winnings Road 1 Kilkerran Square Byres Loch Pennyburn Kilwinning Kilwinning
SHDL/007 Jeffrey Aitken 33-35 Harbour Street 2 Adams Avenue Ardrossan Saltcoats
SHDL/009 James Dornan 34 Mackintosh Place 6 Scaur O'Doon Road South Newmoor Industrial Doonfoot Estate Ayr Irvine
SHDL/013 Harry Fairbairn Ayr Road 5 Thornwood Drive Irvine Irvine
SHDL/014 Howie's Garage Ltd 4 Stevenston Road 4 Stevenston Road Kilwinning Kilwinning
SHDL/017 Peter Rennie Rightcars 5 Wood Street 4 Wylie Road Glasgow Saltcoats
SHDL/020 David Paterson Greenbank Garage 10 Smith Street 16 Smith Street Dalry Dalry
SHDL/025(B) Alexander McLaughlan Pathfoot Benslie House Kilwinning Benslie Kilwinning
SHDL/025(A) Alexander McLaughlan 77 East Road Benslie House Irvine Benslie Kilwinning
Page 3 SHDL/027 Alexander Thomson New Road Garage 3 Glebe Road Beith Beith
SHDL/033 Strachans Ayr Ltd 104 Boglemart Street 65 Peebles Street Stevenston Ayr
SHDL/035 George Auld Woodburn Woodburn Dippin Dippin Arran Arran
SHDL/036(A) Colin MacDonald 83 East Road 46 Wood Road Irvine Troon
SHDL/036(B) Colin MacDonald 100 East Road 46 Wood Road Irvine Troon
SHDL/037 Reg Vardy plc 69 Sorbie Road Houghton House Ardrossan Wessington Way Sunderland
SHDL/038 John Pearson (Motors) 1924 123 Main Street Ltd The Garage Largs Shore Road Wemyss Bay
SHDL/040 Robert Harkness 1 Beith Road 1 Beith Road Glengarnock Glengarnock
SHDL/043 John Knowles 51 Vennel Street 29 The Den Dalry Barkip Dalry
SHDL/044 Thomas Anderson Montgomery Street Yard 94 McKinlay Crescent Irvine Irvine
SHDL/046 Kerr Baillie Ltd Pier Garage Harbour Street Harbour Street Ardrossan Ardrossan and 234 Glasgow Street Ardrossan
Page 4 SHDL/048 Jenks Motors Drakemyre Drakemyre Dalry Dalry
SHDL/050 Alexander McLaughlan Bridgend Lane Benslie House Old Glasgow Road Benslie Kilwinning Kilwinning
SHDL/053 Alex McKie Stevenston Road 67 High Street Kilwinning Stewarton
SHDL/059 John Roberts 18/24 Waterside Street 7 New Street Largs Largs
SHDL/061 Clive Blackwood Kings Road Service Station 30 Kings Road 30 Kings Road Beith Beith
SHDL/063 Robert Hammond 9 Wylie Road 37 Gladstone Road Saltcoats Saltcoats
SHDL/066 Kevin Warden 12 Moorpark Road East 12 Moorpark Road East Stevenston Stevenston
SHDL/067 Parks of Hamilton (Townhead Corsehill Mount Road Garage) Ltd Dreghorn 20 Bothwell Road Irvine Hamilton
SHDL/068 Barkip Filling Station Beith Road Beith Road Dalry Dalry
SHDL/069 Ian Tolland Units 1 & 2 4 Franklin Road North Crescent Road Saltcoats Ardrossan
SHDL/070 North Aryshire Commercials 5 Irvine Road 5 Irvine Road Irvine Lugton
SHDL/072 W & R Hamilton Painters Ltd Unit 11 Unit 11 22 Quarry Road 22 Quarry Road Irvine Irvine
SHDL/079 Bickets Premier Vehicles Ltd 7 Ayr Road
Page 5 67 Campbell Street Irvine Kilmarnock
SHDL/082 Elizabeth Campbell 15 Alford Place 15 Alford Place Stanecastle Stanecastle Irvine Irvine
SHDL/084 William Frew 2b Alexandra Terrace 20 St Winnings Road Kilwinning Kilwinning
SHDL/085 Graham Cook 8 Paddockholm Place Barclosh Kilbirnie Dalbeattie Kirkcudbrightshire
SHDL/086 William Clark Holmhead Garage Holmhead Garage Kilbirnie Kilbirnie
SHDL/087 D Young 5 McMillan Place 4 Hepburn Way Oldhall West Industrial Estate Irvine Irvine
Page 6 Licensing Sub Committee of Corporate Services Committee 24/09/2002
Appendix No LS2
PART A: Applications for Licences under the Civic Government (Scotland) Act 1982.
Type of Licence/ Applicant Decision Ref No
TDL/146 (N) On the basis of the information before them the Sub Committee agreed to hold a Hearing in terms of Paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982.
TDL/394 (N) Crawford Little Agreed to grant.
TDL/398 (N) James S Dean Agreed to grant.
TDL/471 (N) On the basis of the information before them the Sub Committee agreed to hold a Hearing in terms of Paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982.
LHCL/056 (N) On the basis of the information before them the Sub Committee agreed to hold a Hearing in terms of Paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982.
PART B: Reports in respect of Licenceholders where the issues raised may require a formal Hearing.
Type of Licence/ Licenceholder Decision Ref No
TDL/147 No action required.
TDL/153 No action required.
Page 1 TDL/239 On the basis of the information before them the Sub Committee agreed to hold a Hearing in terms of Paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982.
PART C: Individual Licences where Hearings have been convened.
Type of Licence/ Proceedings Decision Ref No
STL/E/110 The applicant having been Agreed unanimously to duly cited was present at grant. the Hearing.
On the issue of the applicant's spent convictions, the Sub Committee agreed to hear these.
The Principal Licensing and District Court Officer set out the background to the Hearing as previously intimated to the applicant.
The applicatn then addressed the Hearing before withdrawing together with the Principal Licensing and District Court Officer, to allow the Sub Committee to deliberate. All parties thereafter returned to hear the Sub Committee's decision.
LHCL/077 The applicant having been Agreed unanimously to duly cited was not present refuse the application in at the Hearing. The terms of Paragraph applicant's agent had 5(3)(c)(ii) of Schedule 1 of however provided the Civic Government clarification in writing for (Scotland) Act 1982 on the the Sub Committee's grounds that the premises information. are not suitable or convenient for the conduct of this activity.
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