Item No. 4 COUNCIL CIVIC GOVERNMENT LICENSING COMMITTEE

MINUTE of MEETING of the CIVIC GOVERNMENT LICENSING COMMITTEE held in COMMITTEE ROOMS 2/3, COUNCIL HQ, NEWTOWN ST BOSWELLS on Friday, 21 February 2014 at 12 noon.

Present:- Councillors W. Archibald (Chairman), J. Campbell, G. Edgar, G. Logan, D. Paterson, R. Stewart, T. Weatherston, B. White. Apologies:- Councillors J. Greenwell, B. Herd. In attendance:- Legal and Licensing Services Manager, Licensing Team Leader, Democratic Services Officer (F. Henderson), Inspector Scott, PC C. Lackenby, - Police .

MINUTE 1. The Minute of the Meeting of 24 January 2014 had been circulated.

DECISION APPROVED and signed by the Chairman.

LICENSES ISSUED UNDER DELEGATED POWERS 2. There had been circulated copies of a list detailing the Civic Government and Miscellaneous Licences issued under delegated powers between 17 January 2014 and 12 February 2014.

DECISION NOTED.

MEMBER Councillor Paterson left the meeting during consideration of the following matter and took no part in the discussion and subsequent vote.

HEARING TO CONSIDER GRANT OF TAXI DRIVER’S LICENCE – E. HALL 3. There had been circulated copies of an application submitted by Mr Edmund Hall for the Grant of a Taxi Driver’s Licence and a letter of objection dated 30th January 2014 received from which stated that the Police could not support the grant of the licence on the basis that the applicant was not a fit and proper person to be the holder of such a licence, in terms of Schedule1, Paragraph 5(3)(a)(ii) of the Civic Government (Scotland) Act 1982. Mr Hall was present at the meeting.

4. Inspector Scott reported that Mr Hall had submitted an application for the grant of a Taxi Driver’s Licence to Scottish Borders Council on 23rd January 2014 and had disclosed his conviction on 25 July 2012. Mr Hall was interviewed at Galashiels Police Station on 29th January 2014, when he admitted his previous convictions which he had not fully declared. Inspector Scott went on to report that in relation to the offence referred to on16 February 1996, Mr Hall admitted that he had been socialising in Galashiels and at the end of the night he decided to sleep in his car to keep warm. Mr Hall had stated during interview that the other motoring offences related to driving above the speed limit and while he was using his motorbike. Inspector Scott advised that his last conviction in 2012 related to Mr Hall riding his motorbike without displaying L-plates for which he currently had three penalty points on his licence.

5. On being invited by the Chairman to address the Committee, Mr Hall submitted a letter of representation dated 20 February 2014 from Miss Alison Marshall of Messrs Haddon & Turnbull W.S. who stated she was unable to attend the hearing due to court commitments. Item No. 4 Miss Marshall’s written submission, which was circulated at the meeting, explained that Mr Hall had not disclosed the full extent of his previous convictions on his application as he had misunderstood the application form and did not realise they required to be declared given the significant amount of time which had passed. The submission stated that the first offence in 1996 had occurred when Mr Hall had been socialising in Galashiels and while waiting for a bus back to Hawick had decided to sit in the back seat of his motor vehicle with the engine running to provide heat and was therefore considered in charge of the motor vehicle. In relation to the offence on 29 December 2005, Mr Hall advised that he had received a telephone call advising him of his father’s serious illness and was travelling to the Borders General Hospital. His father had later died as a result of the illness. Mr Hall advised that the offence in July 2012, being the most recent came about as a result of the ‘L’ plate secured to the rear of the vehicle falling off. An ‘L’ plate was secured to the front of the vehicle however the offence was committed as no ‘L’ plate was displayed to the rear. With the exception of the offence in 1996, all offences had been dealt with by way of fixed penalty. In summary, Miss Marshall was of the opinion that Mr Hall had made a genuine mistake and had not made a deliberate attempt to mislead the Committee and was in her submission a fit and proper person to hold a taxi driver licence. The Committee invited Mr Hall to address them and questioned him on various matters including his future employment should a taxi drivers licence be granted, the matters surrounding the previous offences and his motorbike, which he had advised he had subsequently sold. He responded that he had an offer of employment in the event that his application was granted and considered that the convictions were of a minor nature and should not affect his application, that he was a fit and proper person.

VOTE Councillor Edgar, seconded by Councillor White moved, that Mr Hall’s application for the grant of a Taxi Driver’s licence be refused.

Councillor Weatherston, seconded by Councillor Stewart, moved as an amendment, that Mr Hall’s application for the grant of a Taxi Driver’s Licence be granted but for 6 months only with a requirement to attend a future hearing in respect of a renewal application.

On a show of hands Members voted as follows:-

Motion - 3 votes Amendment - 4 votes

Accordingly, the amendment was carried.

DECISION AGREED that the application for grant of a Taxi Driver’s Licence from Mr Hall be granted for a period of 6 months and that he would be required to attend a future hearing of the Committee to determine his renewal application.

MEMBER Councillor Paterson re-joined the meeting prior to consideration of the following item.

HEARING TO CONSIDER SUSPENSION OF TAXI DRIVER LICENCE – G. RABCEWICZ 6. There had been circulated copies of a letter from Police Scotland dated 11 February 2014 which reported on a recent incident involving Mr Rabcewicz which brought into question his continued suitability as a taxi driver. Mr Rabcewicz was present at the meeting with his wife. Prior to commencing consideration of the application, the Legal and Licensing Services Manager enquired of Mr Rabcewicz whether he required an interpreter. It was agreed that Mrs Rabcewicz would interpret for her husband. Inspector Scott requested clarification in relation to the appropriateness of Mrs Rabcewicz’s input at the meeting in view of her involvement in the incident leading to the hearing. Mrs Rabcewicz restated her decision to support her husband. Item No. 4 7. Inspector Scott reported that during the afternoon of Sunday, 9 February 2014, Mr Rabcewicz and his wife were within their home address when an argument broke out regarding grocery shopping, during which Mr Rabcewicz had become agitated and began shouting and swearing at his wife. Mrs Rabcewicz had left for work about 4 p.m., returning at 6.30 p.m. to find that Mr Rabcewicz had removed the contents of the kitchen fridge. As a result the earlier argument resumed and Mr Rabcewicz grabbed his wife by her clothing and pulled her towards him. Mrs Rabcewicz pushed her husband away, however he grabbed her left wrist and twisted her arm up her back causing her pain. They both fell backwards onto the couch where Mr Rabcewicz is reported to have said ‘I have had enough of you I hope you die first’. Mr Rabcewicz had then grabbed his wife by the neck and face, but Mrs Rabcewicz had kicked her husband in the stomach and managed to break free. Mrs Rabcewicz had attempted to telephone the Police using the landline, but could not get through and suspected her husband had unplugged the telephone. Mrs Rabcewicz had managed to contact the Police on a mobile when she advised in an emotional state that her husband had assaulted her. Mr Rabcewicz was traced and detained for questioning at Galashiels Police Station. He was subsequently arrested and charged with a Domestic Breach of the Peace due to evidence available and held to appear at Court the following day, where Mr Rabcewicz pled guilty and was admonished. In view of the evidence presented, the Police were of the opinion that Mr Rabcewicz was no longer a fit and proper person to be the holder of a taxi driver’s licence, and requested the immediate suspension of his taxi driver’s licence under the terms of Schedule 1, Paragraph 11(2)(a) of the Civic Government Scotland Act 1982.

8. On being invited by the Chairman to address the Committee, Mrs Rabcewicz explained on behalf of her husband, that the argument had taken place in their own home and they had been shocked when his Taxi Driver’s licence had been suspended after the Court decision. No one had advised them that pleading guilty would affect his Taxi Drivers Licence. Mrs Rabcewicz further explained that herself and her husband had managed to settle their differences. Members expressed concern that Mr Rabcewicz may lose his temper with a customer and after conferring with her husband, Mrs Rabcewicz advised that her husband had driven a taxi for six years and this was the first incident of this kind and unrelated to his taxi driver duties. Whilst the Members viewed the offence as very serious, they took into account his previous history as a taxi driver and that the incident had resulted from a domestic dispute with his wife who was fully supportive of him. They were of the opinion that the period of suspension already imposed on Mr Rabcewicz was sufficient for him to realise the gravity of his actions.

DECISION AGREED that Mr Rabcewicz’s taxi driver’s licence be reinstated with immediate effect.

PRIVATE BUSINESS DECISION AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix to this Minute on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 14 of Part 1 of Schedule 7A to the aforementioned Act.

SUMMARY OF PRIVATE BUSINESS

Licensing of Skin Piercing and Tattooing 1. The Committee considered an application from Carol Lorraine Shanley for the grant of a Skin Piercing and Tattooing Licence and agreed to grant.

The meeting concluded at 1p.m. CIVIC GOVERNMENT AND MISCELLANEOUS LICENCES ISSUED UNDER DELEGATED POWERS

13 February to 12 March 2014 Applicant/Existing Date Licenceholder Type and Nature of Application Description Granted Neil F King and Carol M D Duncan House in Multiple Occupation - Renewal 8 Bank Court, Galashiels, TD1 1DR - 6 Persons 28/02/2014 Marion Armitage House in Multiple Occupation - Grant 2C Channel Street, Galashiels, TD1 1BA - 3 Persons 05/03/2014 Robert Scott Hamilton House in Multiple Occupation - Grant 2D Channel Street, Galashiels, TD1 1BA - 3 Persons 05/03/2014

Ferdous Ahmed Late Hours Catering - Renewal Subway, 91 Channel Street, Galashiels, TD1 1BN - Fri and Sat 11.00pm05/03/2014 - 3.00am Hawick Reivers Association - Opening Procession - Saturday 29 March 2014 - Union Street to Bourtree Place then proceed to Catherine Elliot-Walker Marches and Parades High Street and Terminate at Drumlanrig Tower 06/03/2014 West Linton & District Churches - Palm Sunday Procession - 13/04/14 - Start at Health Centre, Deanfoot Road to Main Street Dr A Pollock Marches and Parades to Lower Green finishing at St Andrews Parish Church. 11/03/2014

Hawick Reivers Association - Hawick High Street and Common Haugh Car Park - Saturday 29 March 2014 - 10.00am to 4.00pm Evelyn H Sangster Market Operator - Temporary (5.00pm to 7.00pm for torches in Common Haugh Car Park) 06/03/2014

Paul Robertson Metal Dealer - Grant 19 Market Square, Melrose - Mon - Sat 10.00am - 5.00pm 27/02/2014 Bairnkine Sawmill, Chesters Road, - Mon to Sat Brian K Richardson Metal Dealer - Grant 8.30am - 6pm & Sun 9.30am to 3pm 12/03/2014 Cheque Centre, Galashiels - Mon - Fri 9.00am - 5.30pm, Sat David McMillan Metal Dealer - Material Change 9.00am - 5.00pm 27/02/2014 No 7 - Ford Transit Pick-up - Y799 GCL - Monday to Sunday Iain Heard Metal Dealer - Itinerant - Renewal 7.30am - 8.30pm - All Scrap Metal & General Household 18/02/2014

No 11 - Trailer Towed by Car - DS12 CWX - Monday to Saturday Kenneth Weatherston Metal Dealer - Itinerant - Renewal 8.00am - 4.00pm - All Scrap Metal & General Household 03/03/2014

John Lumsden Private Hire Driver - Grant 1/PD9 - George White, West Linton 13/02/2014

Lorraine Fiddes Private Hire Driver - Renewal 1/PD21 - Eric Robertson 25/01/2014

Edith Russell Private Hire Driver - Renewal 2/PD6 - E.J. Taxis 06/03/2014

John Russell Private Hire Driver - Renewal 2/PD7 - E J Taxis 06/03/2014

1 Iain D M Simpson Private Hire Driver - Renewal 4/PD3 - Self 06/03/2014

Andrew Thomson Private Hire Vehicle - Grant 3/PV34 - YP12 MKZ - Ford Transit - Silver - 8 Passengers 06/03/2014 4/PV33 - SK11 XWZ - Volkswagen Transporter - Green - 8 Iain D M Simpson Private Hire Vehicle - Renewal Passengers 25/02/2014

Kathryn Todd Public Entertainment - Grant Greenlaw War Memorial Hall, Greenlaw 04/03/2014

James Scott Public Entertainment - Grant Community Centre, Walkershaugh, Peebles 06/03/2014 70A High Street, Coldstream - Mon - Sat 9am-5pm - Furniture, Stephen Barrett Second Hand Dealer - Grant Soft Furnishings and Bric a Brac 20/02/2014 Cheque Centre, Galashiels - Mon - Fri 9.00am - 5.30pm, Sat David McMillan Second Hand Dealer - Material Change 9.00am - 5.00pm 27/02/2014 Fish Van - FX58 XJF or W621 JFB - Sale of Fish - Station Road Car Park, Peebles and various locations throughout SBC Area - William Crawford Street Trader - Grant Monday to Sunday - 8.00am to 5.00pm 06/03/2014 Ice Cream Van - SN52 YTW - Sale of Ice-Cream and associated products - various locations throughout SBC Area - Sunday to Martha Gibson Street Trader - Grant Saturday 10.00am - 9.00pm 06/03/2014 Ice Cream Van - SN52 YTW - Sale of Ice-Cream and associated products - various locations throughout SBC Area - Sunday to Brian Gibson Street Trader - Grant Saturday 10.00am - 9.00pm 06/03/2014 Stephanie Melville-Parkinson Street Trader - Material Change Change of Site Leadburn 05/03/2014 Sebastian Wronski Taxi Driver - Grant 3/TD90 - A1 Taxis, Hawick 19/02/2014 Catherine Davidson Taxi Driver - Renewal 1/TD16 - John's Cabs 18/02/2014 Kim Hackney Taxi Driver - Renewal 2/TD1 - Self 13/02/2014 Thomas Bradley Taxi Driver - Renewal 2/TD12 - Five Star Taxis 06/03/2014 Gordon Stewart Taxi Driver - Renewal 2/TD36 - West End Taxis 06/03/2014 John Gibson Taxi Driver - Renewal 2/TD48 - Mobility Assist 06/03/2014 Graeme Hogg Taxi Driver - Renewal 2/TD81 - Self 25/02/2014 Ian Manks Taxi Driver - Renewal 2/TD104 - Five Star Taxis 06/03/2014 Darren Benson Taxi Driver - Renewal 2/TD121 - Self 18/02/2014 Brian Niven Taxi Driver - Renewal 2/TD207 - Self 06/03/2014 Kimberly Martin Taxi Driver - Renewal 2/TD234 - Leader Taxis 06/03/2014 Steven McFarlane Taxi Driver - Renewal 2/TD311 - Darren Benson 18/02/2014 Robert Miller Taxi Driver - Renewal 2/TD316 - Self 06/03/2014 Michael Tetulics Taxi Driver - Renewal 2/TD351 - Self 06/03/2014 John King Taxi Driver - Renewal 3/TD18 - Kwik Cab Taxis, Kelso 25/02/2014 Gabriele Cunningham Taxi Driver - Renewal 3/TD94 - Five Star Taxis, Galashiels 25/02/2014 Daniel Adamson Taxi Driver - Renewal 3/TD97 - J W Taxis, Hawick 17/02/2014 Robert Little Taxi Driver - Renewal 3/TD100 - E T Taxis, Hawick 20/02/2014 Patricia Caswell Taxi Driver - Renewal 3/TD127 - Self 25/02/2014

2 David L Brown Taxi Driver - Renewal 3/TD145 - J W Taxis, Hawick 25/02/2014 Steven F Wheeler Taxi Driver - Renewal 3/TD146 - Andy Thomson, Hawick 12/03/2014 Christopher Stark Taxi Driver - Renewal 4/TD10 - Self 25/02/2014 David Thorburn Taxi Driver - Renewal 4/TD66 - 10-9-8 Taxis, Peebles 17/02/2014 Graeme Geddes Taxi Vehicle - Grant 1/TV20 - NL58 KKC - Vauxhall Zafira - Silver - 6 Passengers 11/03/2014 Central Cab Care Limited Taxi Vehicle - Grant 2/TV66 - YK13 POF - Seat Alhambra - Silver - 6 Passengers 06/03/2014 Jason A Barnett Taxi Vehicle - Grant 2/TV136 - SX54 ROY - Mazda 6 - Silver - 4 Passengers 17/02/2014 Jacek R Zwizchlewski Taxi Vehicle - Grant 3/TV51 - WA07 CZF - Skoda Octavia - Grey - 4 Passengers 26/02/2014 3/TV52 - PX57 ACO - Skoda Octavia Ambiente TDi - Red - 4 Alicja Zwizchlewska Taxi Vehicle - Grant Passengers 26/02/2014 3/TV57 - BD07 FFG - Skoda Octavia Classic TDi - Silver - 4 Alicja Zwizchlewska Taxi Vehicle - Grant Passengers 26/02/2014

Christopher Alder Taxi Vehicle - Material Change 2/TV94 - PN07 ZDL - Volkswagen Sharan - Silver - 6 Passengers 07/03/2014 Roderick A Field Taxi Vehicle - Renewal 2/TV8 - UEZ 2251 - Vauxhall Zafira - Beige - 6 Passengers 24/02/2014 2/TV84 - SP04 TFV - Mercedes Vito 108 CDI - Blue - 6 Kaye Niven Taxi Vehicle - Renewal Passengers 04/03/2014 Gail Wilson Taxi Vehicle - Renewal 2/TV100 - G4 YLU - Vauxhall Zafira - Grey - 6 Passengers 11/02/2014

Colin McLaren Taxi Vehicle - Renewal 2/TV149 - SH06 TVD - Vauxhall Zafira Life - Blue - 6 Passengers 04/03/2014

MISCELLANEOUS LICENSING Applicant/Existing Date Licenceholder Type and Nature of Application Description Granted Tracey Savage and Ross Mitchell Civil Marriage - Temporary Netherurd House, Blyth Bridge - 01/05/14 11/03/2014 Muhammad Zulfikhar Lqbal and Greta Roulotte Retreat, Bowden Mill House, Bowden, Nr Melrose Jankunaite Civil Marriage - Temporary 22/02/14 14/02/2014 Alan George Campbell and Julie Ann Fraser Civil Marriage - Temporary Dryburgh Abbey, St Boswells - 28/03/14 14/02/2014 Gary Jenson and Emma Pearson Civil Marriage - Temporary Dryburgh Abbey, St Boswells - 05/04/14 19/02/2014

Keith Twamley and Daniella Morrison Civil Marriage - Temporary Chapter House, Dryburgh Abbey, St Boswells - 26/04/14 19/02/2014 Paul Alistair McVie and Lorna Anne Fernie Civil Marriage - Temporary Broad Meadows House, Selkirk - 11 April 2014 24/02/2014

3 SCOTTISH BORDERS COUNCIL CIVIC GOVERNMENT LICENSING COMMITTEE

21 MARCH 2014

BRIEFING NOTE ON APPLICATION FOR GRANT OF HOUSE IN MULTIPLE OCCUPATION LICENCE (otherwise “HMO’)

APPLICANT – RAINA HAIG

PREMISES – RAILWAY COURT, NEWTOWN ST BOSWELLS

SUMMARY In terms of the Housing (Scotland) Act 2006, an application for HMO licence requires to be determined within twelve months failing which there will be a deemed grant. The timeline shows the administrative process undertaken in respect of this application. The Committee is therefore asked to consider the application in order to meet its statutory requirements.

24 APRIL 2013 Application for HMO Licence received by Scottish Borders Council and circulated to relevant consultees.

2 MAY 2013 Notification received from Building Standards intimating requirement for Building Warrant.

23 MAY 2013 Representation dated 21 May received by Scottish Borders Council from Newtown St Boswells & Eildon Community Council and forwarded to the applicant for attention.

5 MARCH 2014 Notification received from Environmental Health indicating matters to be addressed by applicant in order to meet Scottish Government’s shared standards of accommodation for HMO as follows:- (a) 1 sink & drainer per 5 persons. (b) Potable water supply (rising main) to every sink. (c) 1m3 storage per 5 persons and additional 0.2m3 for each additional person. (d) Sufficient drawer space for cutlery & utensils. (e) Impervious work surface 2m in length for 3 persons and additional 0 .6m for each additional person. (f) 1 reasonable size fridge and 1 freezer per 5 persons. (g) 4 ring cooker with oven & grill per 5 persons. (h) 1m activity space in front of cooker. (i) 0.3m work surface each side of cooker.

Verbal confirmation from Scottish Fire and Rescue Service intimating no objections to HMO in principle subject to fire safety requirements being satisfied once works completed.

6 MARCH 2014 Notification received from Building Standards that Building Warrant matters are being progressed towards conclusion subject to communication with them by the applicant. HOUSES IN MULTIPLE OCCUPATION – LICENSING CONDITIONS

1. The Premises shall comply with the Scottish Borders Council’s “Standards for Shared Accommodation”.

2. Where appropriate the Licenceholder shall comply with The Food Safety Act 1990, The Food Hygiene Regulations, The Health and Safety at Work Act 1974, and the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended from time to time.

3. The Premises shall be provided with: (a) adequate means of escape in case of fire; (b) adequate means of ensuring that the means of escape can be safely and effectively used at all times; (c) adequate and suitable fire-fighting equipment; (d) an adequate fire alarm system; (e) an adequate number of smoke detectors; (f) an adequate number of Notices detailing procedures in the event of fire; (g) adequate heating, lighting and ventilation.

The equipment required to comply with this Condition shall be adequately maintained at all times, and it shall be the responsibility of the Licenceholder to ensure adequate instruction is given to residents/occupants of the premises in the said procedures.

4. The use of the premises must comply with the terms of any planning permission and/or listed building consent issued by the Scottish Borders Council’s Planning and Development Committee from time to time.

5. The use of the premises shall be as authorised from time to time by the Scottish Borders Council in terms of The Building (Scotland) Acts 1959 and 1970.

6. The number of persons residing in the premises at any one time shall not exceed the maximum number stated on the Licence.

7. Liquefied Petroleum Gas (LPG) shall not be used or stored in any part of the premises.

8. The Licenceholder shall allow access to the premises for the following officials for licensing purposes: (i) Any officer of The Scottish Borders Council; (ii) Any officer of Police Scotland; (iii) Any officer of Fire Scotland.

9. The Licenceholder shall be responsible for the day-to-day running of the premises and shall use all available means to ensure that no disturbance arises within or from the premises.

10. The Licenceholder shall ensure that adequate and up-to-date records are maintained for all residents. These records shall be made available on request to officers of Scottish Borders Council and shall include the following details: (i) Each resident’s full name; (ii) Dates of entry and departure of each resident; (iii) Each resident’s record of rental payments/arrears.

11. Where the rent is payable weekly, the Licenceholder shall record all payments of rent in a Rent book which shall be retained by the resident. Otherwise, a written receipt of each rental payment shall be issued to residents. 12. The Licenceholder shall issue receipts for any rental deposits received.

13. The Licenceholder shall refund the rental deposit, or part thereof, within fourteen days of any agreed occupancy termination date or as soon as is practicable thereafter.

14. The Licenceholder shall comply with all relevant legislation affecting private sector residential tenancies, including any regulations made thereunder.

15. Occupancy agreements must meet with the approval of The Scottish Borders Council, and once approved must not be altered unless the Licenceholder obtains further Council approval.

16. The Licenceholder shall be responsible for ensuring that all electrical installations are in accordance with the current IEE Wiring Regulations, and that electrical appliances provided by the Licenceholder are maintained in a safe and satisfactory condition. The Licenceholder shall be responsible for ensuring that a certificate of compliance and test for the electrical system shall be submitted to the Council at least once every three years at the time of licence renewal (PIR - periodic inspection report). PIR reports last for a period of five years. Where the validity of a report runs out part way through a licence period the Licenceholder should submit a new report. The Licenceholder shall also be responsible for ensuring that a certificate of compliance and test for any appliances provided is carried out every year (PAT - portable appliance report). A current PAT report must be submitted to the council at the time of licence renewal. A registered electrical contractor shall provide the certification of compliance.

17. The Licenceholder shall be responsible for ensuring that all gas-fired, oil fired and solid fuel installations are in accordance with the current British Standards, and that all appliances provided by the Licenceholder are maintained in a safe and satisfactory condition, including any chimney and/or flueing arrangement. A gas safety test and inspection report should be carried out annually on all appliances. The Licenceholder shall be responsible for ensuring that a certificate of compliance and test is carried out annually and a current gas safety inspection and report shall be submitted to the Council at least once every three years at the period of licence renewal. A registered competent contractor shall provide the certificate of compliance.

18. The Licenceholder shall comply with the current regulations regarding the maximum re-sale prices of gas and electricity supplied, where appropriate.

19. The Licenceholder shall ensure that residents’ mail is available to residents on a daily basis.

20. A telephone to which the residents have access shall be installed in the premises for the purpose of calling the Emergency Services, and shall be maintained in good working order by the Licenceholder.

21. Adequate facilities must be provided for the storage and disposal of refuse.

22. Where appropriate the Licensee shall ensure that let rooms are secure with a suitable lock. The type of lock used must ensure that immediate exit from the room can be achieved without using a key.

23. The Licenceholder shall display the Licence and these Conditions in a prominent position within the premises. STANDARDS FOR SHARED ACCOMMODATION

1.0 Fire Safety and Means of Escape from Fire

1.1 All premises must have adequate fire safety precautions and means of escape from fire. (Note: Scottish Borders Council will consult with Fire Scotland on this matter and will take action to ensure compliance with their recommendations).

2.0 Space Standards for Sleeping Accommodation

2.1 Sleeping accommodation should be single or double rooms. Minimum space standards are as follows:-

8 square metres per person, where the room is only used as a bedroom 10 square metres per person, for a bed-sitting room

3.0 Cooking Facilities

3.1 Where board is not provided, each letting unit must contain a cooker (with rings, grill and oven) or a combination microwave. Where a common kitchen is provided it must contain a cooker (with rings, grill and oven) and sink for each five people or part thereof. No common kitchen shall be used by more than ten people.

3.2 Each sink must be provided with a hot and cold mains water supply and drainer.

3.3 Each letting unit or common kitchen must have suitable and sufficient facilities for preparing and storing food and for storing and disposing of refuse.

4.0 Sanitary Facilities

4.1 For each five people or part thereof there must be provided a bath or shower, water closet and wash-hand basin.

4.2 Each bath, shower and wash-hand basin must have hot and cold running water available at all times.

4.3 Each letting unit to be no more than one floor from any sanitary fitting. (Note: These standards apply to the total number of people living in the premises, including owners, staff and residents).

5.0 Other Facilities

5.1 Each premise must have a fixed space heating appliance or a central heating system, capable of either:-

(a) maintaining a temperature of 18 centigrade throughout the premises when the outside temperature is minus 1 centigrade, or (b) making available not less that 3KW of heating in a living room.

5.2 Every bedroom, bed-sitting room and living room must have an openable window of an aggregate glazed area equal to at least 1/15th of the floor area of the room and situated in an external wall or roof.

5.3 Every kitchen, bathroom and wc compartment must have an openable window of an aggregate glazed area equal to at least 1/15th of the floor area of the room or a mechanical ventilation system capable of providing at least 3 air changes per hour. 5.4 Every bedroom or bed-sitting room must be located so that it is not necessary to pass through a kitchen or a bedroom in order to reach a bathroom, wc compartment or hall.

5.5 There must be an electric lighting system providing at least one lighting point to every room, kitchen, bathroom or wc compartment.

5.6 In every kitchen and bed-sitting room there must be provided at least 6 electric socket outlets: and in every bedroom and living room there must be provided at least 4 electric socket outlets.

5.7 The fabric of the premises must be maintained in a good state of repair. All fixtures and fittings within the premises must be maintained in a good state of repair and working order.

6.0 General

6.1 The Health and Safety at Work Act 1974 and the Food Hygiene Regulations will apply in any premises where persons are employed or where board is provided.