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, Newarthill; (2) Constantine and Peter Coakley, 4 Amethyst Avenue, Bellshill; (3) John Fearon, 23 Abbotsford Road, Wishaw, 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, Motherwell Nature of Business: Second Hand Cars. Premises: Woodend Garage, 11 Holytown 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, Cumbernauld 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 (Scotland) 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, Shotts 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, VIEWPARK 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