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At a Meeting of the Licensing Sub Committee of Corporate Services Committee at 2.00 P.M

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At a Meeting of the Licensing Sub Committee of Corporate Services Committee at 2.00 P.M Licensing Sub Committee of Corporate Services Committee 6 January 2003 IRVINE, 6 January 2003 - 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, Elizabeth McLardy, John Moffat, David O'Neill, Robert Rae and John Reid. In Attendance A Fraser, Manager, Legal Services; J Kerr, Chief Legal Officer (District Court & Licensing); and M McCann, Administrative Assistant (Legal and Protective); and A Sobieraj, Corporate and Democratic Support Officer (Chief Executive's). Chair Councillor Munn in the Chair. Apologies for Absence Samuel Gooding and David Gallagher. 1. Exclusion of Public The Sub Committee resolved in terms of Section 50(A) 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 Paragraphs 6, 13 and 14 of Part I of Schedule 7A of the Act. 2. 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 LS1. Councillors Carson, Clarkson, Moffat and O'Neill declared an interest in item 026 under Taxi Driver licenceholders in the attached Appendix LS2 and left the meeting. 3. Civic Government (Scotland) Act 1982: Taxi Driver Licences Submitted report by the Assistant Chief Executive (Legal and Protective) on the variation of licensing conditions attached to taxi driver licences presently in force, under the Civic Government (Scotland) Act 1982. At the Meeting on 11 November 2002, the Sub Committee agreed to invite current holders of taxi and private hire car driver licences to a Hearing to consider a revision Page 1 of the conditions to be attached to their licences. In view of the large number of licenceholders, citations were issued to 251 taxi driver licenceholders to attend this meeting. Taxi driver licenceholders listed at items 013, 026, 133 and 152 as indicated in the attached Appendix LS2 were present and were given the opportunity to individually address the Sub Committee. Those listed at 013, 133 and 152 raised concerns on licensing condition 3 on a total ban on smoking by drivers and passengers within the vehicle. The licenceholder listed at 026 requested that in relation to condition 10.2, the current positioning of the fire extinguisher within the vehicle be reviewed and that in relation to condition 10. 5, there should be a right for taxi drivers to display the company's telephone number on the vehicle for the purposes of passenger safety . The licenceholder listed at 026 was advised in respect of condition 10.2, that a request could be made in writing to the licensing authority for a different location for the fire extinguisher. It was noted that there was no proposed change to condition 10.5 from the previous licensing conditions. The Sub Committee was of the view that licenceholders had not made a sufficient case to justify any adjustment to the proposed new conditions and agreed to vary the conditions attached to taxi driver licences presently in force as indicated in the attached Appendix LS2 in accordance with Paragraph 10 of Schedule 1 of the Civic Government (Scotland) Act 1982. The meeting ended at 4.40 p.m. Page 2 Licensing Sub Committee of Corporate Services Committee 06/01/2003 Appendix No LS1 PART A: Applications for Licences/Renewals of Licences under the Civic Government (Scotland) Act 1982 Type of Licence/Ref. Applicant Decision No TDL/478 (R) Deborah Bell Agreed to grant. TDL/476 (R) Anthony Gallagher Agreed to grant. TDL/255 (N) On the basis of the information before them the Sub Committee agreed to hold a Hearing in terms of Paragraph 4 of Schedule 1 of the Civic Government (Scotland) Act 1982. TDL/914 (N) Mark Benson Agreed to grant. TDL/911 (N) Sarah P P Hays Agreed to grant. TDL/913 (N) On the basis of the information before them the Sub Committee agreed to hold a Hearing in terms of Paragraph 4 of Schedule 1 of the Civic Government (Scotland) Act 1982. TDL/907 (N) Richard C Johnstone Agreed to grant. TDL/915 (N) David S Wilde Agreed to grant. TDL/916 (N) Alan Hamilton Agreed to grant. TDL/917 (N) Dyan K Christie Agreed to grant. PEL/066 (N) Gerry Horwell Agreed to grant for a period of three years. PEL/054 (R) William G Lindsay Agreed to grant. and Margaret R Lindsay Page 1 PART B: Reports in respect of Licenceholders where the issues raised may require a formal Hearing Type of Licence/Ref. Licenceholder Decision No TDL/131 No action required. TDL/053 No action required. TDL/064 No action required. TDL/331 No action required. TDL/284 No action required. TDL/232 No action required. PART C: Individual Licences where Hearings have been convened. Type of Licence/Ref No: TDL/901 The applicant having been duly cited was present at the Hearing. The Chief Legal Officer (District Court & Licensing) set out the background to the Hearing as previously intimated to the applicant. The representative of the Chief Constable of Strathclyde Police addressed the Sub Committee in respect of an objection by the Chief Constable, which was considered competent in terms of Paragraph 3 of Schedule 1 of the Civic Government (Scotland) Act 1982. The applicant then addressed the Hearing before withdrawing together with the Chief Legal Officer (District Court & Licensing) and the representative of the Chief Constable, to allow the Sub Committee to deliberate. All parties thereafter returned to hear the Sub Committee's decision. Councillor Carson, seconded by Councillor Rae, moved that the application be granted for one year. As an amendment, Councillor Moffat, seconded by Councillor Reilly, moved that the Sub Committee refuse the application. On a division, there voted for the amendment 5 and for the motion 4, and the amendment was declared carried. Decision Agreed to refuse the application in terms of Paragraph 5(3)(a)(ii) of Schedule 1 of the Civic Government (Scotland) Act 1982, on the grounds that the applicant is not a fit and proper person to be the holder of a taxi drivers licence. Page 2 Type of Licence/Ref No: STL/E/154 The applicant having been duly cited was not present at the Hearing. The Chief Legal Officer (District Court & Licensing) set out the background to the Hearing as previously intimated to the applicant. On the issue of the applicant's spent convictions, the Sub Committee agreed to hear these. The representative of the Chief Constable of Strathclyde Police addressed the Sub Committee in respect of an observation by the Chief Constable, which was considered competent in terms of Paragraph 3 of Schedule 1 of the Civic Government (Scotland) Act 1982. Decision Agreed unanimously to refuse the application in terms of Paragraph 5(3)(a)(ii) of Schedule 1 of the Civic Government (Scotland) Act 1982, on the grounds that the applicant is not a fit and proper person to be the holder of a street traders licence. Type of Licence/Ref No: TDL/239 (Suspension) The licenceholder having been duly cited was present at the Hearing. The Chief Legal Officer (District Court & Licensing) set out the background to the Hearing as previously intimated to the applicant. This Hearing was continued at the meeting on 21 October 2002 in order that the licenceholder could undergo a medical examination in terms of Section 13(4) of the Civic Government (Scotland) Act 1982. The representative of the Chief Constable of Strathclyde Police addressed the Sub Committee in respect of an observation by the Chief Constable, which was considered competent in terms of Paragraph 3 of Schedule 1 of the Civic Government (Scotland) Act 1982. The licenceholder then addressed the Hearing before withdrawing together with the Chief Legal Officer (District Court & Licensing) and the representative of the Chief Constable, to allow the Sub Committee to deliberate. All parties thereafter returned to hear the Sub Committee's decision. Decision Agreed unanimously not to suspend the licence in terms of Paragraph 10 of Schedule 1 of the Civic Government (Scotland) Act 1982. Type of Licence/Ref No: TDL/705 (Suspension) The licenceholder having been duly cited was present at the Hearing. The Chief Legal Officer (District Court & Licensing) advised the Sub Committee as to the background of this case. The licenceholder then intimated that he was withdrawing the notification submitted to the licensing authority in terms of Condition 19 of his licence. Page 3 Decision The Sub Committee noted this withdrawal and accordingly that there was now no basis for a Hearing under Paragraph 10 of Schedule 1 of the Civic Government (Scotland) Act 1982. Page 4 Licensing Sub Committee of Corporate Services Committee 06/01/2003 Appendix No LS2 Taxi Driver Licenceholders cited to attend variation of Licensing Condition Hearings Number Reference Number Applicant 001 TDL/001 Mr Joseph Herring 68 Stanley Road Ardrossan 002 TDL/002 Mr Eric Hollywood 18 Beggs Terrace Ardrossan 003 TDL/003 Mr John McLuskie 25 Kirkland Crescent Dalry 004 TDL/005 Ms Isobel McLelland 1A Weirston Road Kilwinning 005 TDL/006 Mr William Myers 9 Knockrivoch Gardens Ardrossan 006 TDL/007 Mr Andrew Sinclair 61 Barrie Terrace Ardrossan 007 TDL/008 Ms Diane Sturgeon 6 Knockrivoch Wynd Ardrossan 008 TDL/009 Mr Hugh Adams G.L.
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