Item No. 4SCOTTISH BORDERS COUNCIL

CIVIC GOVERNMENT LICENSING COMMITTEE

MINUTE of MEETING of the CIVICGOVERNMENT LICENSING COMMITTEEheld in COMMITTEE ROOMS 2/3, COUNCILHQ, NEWTOWN ST BOSWELLS on Friday, 26September 2014 at 10.15 a.m.

Present:- Councillors W. Archibald (Chairman), J. Campbell, J. Greenwell, G. Logan, D.Paterson, R. Stewart, B. White.

Apologies:- Councillors, G. Edgar, B. Herd, J. Torrance, T. Weatherston.In attendance:- Legal and Licensing Services Manager, Licensing Team Leader, Democratic

Services Officer (F. Henderson), Inspector C. Wood, PC Lackenby, PCRobertson - Police Scotland.

ORDER OF BUSINESS1. The Chairman varied the order of business as shown on the agenda and the Minute reflects

the order in which the items were considered at the meeting.

MINUTE2. The Minute of the Meeting of 22 August 2014 had been circulated.

DECISIONAPPROVED and signed by the Chairman.

LICENSES ISSUED UNDER DELEGATED POWERS3. There had been circulated copies of a list detailing the Civic Government and

Miscellaneous Licences issued under delegated powers between 15 August and 16 September 2014.

DECISION NOTED.

HEARING TO CONSIDER RENEWAL OF TAXI DRIVER’S LICENCE – MR EDMUNDHALL

4. With reference to paragraphs 3 to 5 of the Minute of 21 February 2014, there had beencirculated copies of an application submitted by Mr Edmund Hall for the renewal of a TaxiDriver’s Licence. The Legal and Licensing Services Manager explained that Mr Hall hadpreviously been granted a Taxi Driver’s Licence for 6 months with the requirement for himto attend a future Committee meeting on renewal. Mr Hall was present at the meeting. TheLegal and Licensing Services Manager advised that there had been no issues raised overthe previous 6 months.

DECISIONAGREED that the application from Mr Hall for the renewal of a Taxi Driver’s Licencebe granted for a further six month period.

HEARING TO CONSIDER RENEWAL OF TAXI DRIVER’S LICENCE – CAMERONMABEN

5. There had been circulated copies of an application submitted by Cameron Maben for therenewal of a Taxi Driver’s Licence and an information letter dated 26 August 2014 receivedfrom Police Scotland. Mr Maben was present at the meeting, together with his employer,Mr Keith Gibb.

6. Inspector Wood reported that Mr Maben had submitted an application for the renewal of aTaxi Driver’s Licence to Scottish Borders Council on 20 August 2014 and had disclosedthat he had a speeding offence from 2010, but had failed to disclose his other offences.Inspector Wood went on to report that Mr Maben had been convicted in 2001 under theRoad Traffic Act 1988, Section 5(1)(A) and fined £400 and Disqualified for one year andthen further convicted in 2005 for a Breach of the Peace when he was fined £70 andordered to pay £100 in compensation. The Legal and Licensing Services Managerreported that Mr Maben had held a licence with Scottish Borders Council since 2007 andhad previously disclosed all his convictions.

7. On being invited by the Chairman to address the Committee, Mr Maben advised that hisfailure to disclose all his convictions had merely been an oversight on his behalf. Hecurrently worked as a Taxi Driver and had no recent convictions.

DECISIONAGREED that the application from Mr Maben for the renewal of a Taxi Driver’sLicence be granted.

HEARING TO CONSIDER RENEWAL OF METAL DEALER AND SECOND HANDDEALER LICENSES – S CLARK

8. There had been circulated copies of applications submitted by Shane Clark for the Renewalof a Second Hand Dealer Licence and Metal Dealer Licence together with a letter ofobjection dated 29 August 2014 received from Police Scotland which stated that the Policecould not support the grant of the licences on the basis that the applicant was not a fit andproper person to be the holder of such licences, in terms of Schedule 1, Paragraph5(3)(a)(ii) of the Civic Government (Scotland)Act 1982. Mr Clark was not in attendance atthe meeting. The Legal and Licensing Services Manager advised that a letter had beenreceived from Bannerman Burke, Solicitors who explained they were acting on behalf of MrClark but could not be present at the meeting due to commitments on their behalf andrequesting that the matters be continued to a future meeting. The Committee agreed todefer consideration of the applications until the next meeting to allow Mr Clark to berepresented.

DECISIONAGREED to defer consideration of the applications submitted by Mr Clark until thenext meeting.

HEARING TO CONSIDER GRANT OF A STREET TRADER LICENCE9. There had been circulated copies of an application submitted by Mr Johnny Hutchison for

the grant of a Street Trader Licence and a letter dated 21 August 2014 received from PoliceScotland. Mr Hutchinson was not present at the meeting and the Committee agreed todefer consideration.

DECISIONAGREED to defer consideration of the application submitted by Mr Hutchison untilthe next meeting.

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

SUMMARY OF PRIVATE BUSINESS

Hearing to consider Grant of Taxi Driver Licence – Mrs C McLaren1. The Committee considered an application for the grant of a Taxi Driver’s Licence and

agreed to grant for an initial period of 6 months, with no requirement to appear before theCommittee after that time if no representations were received.

Hearing to consider Grant of a Street Trader Licence – Mr P Woods2. The Committee agreed to defer consideration of an application for a Street Trader Licence

submitted by Mr Woods.

Minute3. The Private section of the Minute of 22 August 2014 was approved.

The meeting concluded at 11.00 a.m.

Applicant/Existing Licenceholder Type and Nature of Application DescriptionDateGranted

Geoffrey D Troth Knife Dealer - Temporary Border Union Showground, Kelso - 28-29/03/15 09/10/2014

Chirnside Chasers Marches and Parades Road Race, Chirnside - 28/09/2014 26/09/2014

D Dempster (Border Sport & Leisure Trust) Marches and Parades"The Wee Toughie" Trail Race, Coldingham & St. Abbs -12/10/2014 23/09/2014

D Boland (Rowan Bowland Memorial Trust) Marches and Parades Charity Walk, Galashiels - 03/10/2014 22/09/2014

C Young (Peebles March Rider Assoc.) Marches and Parades Rideout- Peebles - 26/10/2014 15/10/2014

A McLennan, Scottish Mountain Bike Orient. Marches and Parades Mountain Bike Orienteering Event, Tweed Valley - 27/09/2014 23/09/2014

Mr C Hart (RBLS - Melrose) Marches and Parades Remembrance Ceremony, Melrose - 09/11/2014 09/10/2014

Col JJ Purves (Walkerburn Comm. Cncl) Marches and Parades Remembrance Ceremony, Walkerburn - 09/11/2014 18/09/2014

Patricia Anne Paterson Market Operator - TemporaryBorder Union Agricultural Society, Springwood Park, Kelso -19/10/14 09/10/2014

John Armstrong Metal Dealer - Renewal Scrapyard, Galashiels, Mon - Fri - 8.00am - 5.00pm 06/10/2014

Robert Tams Metal Dealer - Itinerant - RenewalMonday - Friday - 9am - 5pm - Y579 BSG - All scrap metal andgeneral household 09/10/2014

John Thompson Private Hire Driver - Renewal 1/PD22 - AM2PM 14/10/2014

Amanda J Millar Private Hire Driver - Renewal 1/PD23 - Eric Robertson 09/10/2014

Kyle Swan Private Hire Driver - Renewal 4/PD8 - Angus Swan 10/10/2014

Eric Robertson Private Hire Vehicle - Grant 1/PV29 - YR64 KZS - Ford Tourneo - White - 8 Passengers 09/10/2014

Eric Robertson Private Hire Vehicle - Grant 1/PV30 - FD63 TWF - Ford Focus - Silver - 4 Passengers 09/10/2014

Colin McLaren Private Hire Vehicle - Grant 2/PV31 - KN04 YJW - Ford Transit - Silver - 8 Passengers 23/09/2014

Colin McLaren Private Hire Vehicle - Renewal 2/PV14 - SN52 JZE - Mercedes Vito - Green - 4 Passengers 30/09/2014

Colin McLaren Private Hire Vehicle - Renewal2/PV47 - MK08 YUD - Vauxhall Zafira Elite - Silver - 6Passengers 01/10/2014

CIVIC GOVERNMENT AND MISCELLANEOUS LICENCES ISSUED UNDER DELEGATED POWERS17 September 2014 to 15 October 2014

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Applicant/Existing Licenceholder Type and Nature of Application DescriptionDateGranted

Colin McLaren Private Hire Vehicle - Renewal2/PV48 - DY08 FLZ - Vauxhall Zafira Elite - Silver - 6Passengers 01/10/2014

G Keddie & Galashiels Fifth Ward CommunityCentre Public Entertainment - Grant Galashiels Fifth Ward Community Centre, Galashiels 22/09/2014

B Phethean for Gavinton Village Hall Fund Public Entertainment - Grant Gavinton Village Hall, Gavinton 18/09/2014

B Lamb, Gytes Leisure Centre Public Entertainment - Renewal Gytes Leisure Centre, Peebles 18/09/2014

Fiona Mallen Skin Piercing & Tattooing - Renewal Fiona Ann's Beauty Salon, Newtown St. Boswells 13/10/2014

Diane Farquhar Taxi Driver - Grant 2/TD40 - (Unknown) 29/09/2014

Alistair Learmonth Taxi Driver - Grant 3/TD50 - A4 Taxi 13/10/2014

Edward Conway Taxi Driver - Grant 4/TD11 - BARC Travel 01/10/2014

Andrew Rae Taxi Driver - Renewal 2/TD11 - Diamond Cabs 06/10/2014

Derek Anderson Taxi Driver - Renewal 2/TD62 - Self 06/10/2014

John Hope Taxi Driver - Renewal 2/TD184 - Mobility Assist 18/09/2014

David McCudden Taxi Driver - Renewal 2/TD208 - Self 01/10/2014

Philip Turnbull Taxi Driver - Renewal 2/TD239 - Mobility Assist 14/10/2014

Alistair Vernon Taxi Driver - Renewal 2/TD317 - Mobility Assist 01/10/2014

Angus F McMillan Taxi Driver - Renewal 3/TD5 - 1st Taxis, Jedburgh 25/09/2014

Alan Watt Taxi Driver - Renewal 3/TD25 - A1 Taxis, Hawick 23/09/2014

Arthur Cossar Taxi Driver - Renewal 3/TD47 - Cooks Taxi 08/10/2014

Ghulam Murtaza Taxi Driver - Renewal 3/TD58 - Ali's Taxi 08/10/2014

James McKenzie Taxi Driver - Renewal 3/TD96 - Fone-a-Cab, Kelso 10/10/2014

Stuart R Stoneham Taxi Driver - Renewal 3/TD137 - Self 23/09/2014

Ashley Scott Taxi Driver - Renewal 3/TD114 - A1 Taxi 02/10/2014

Jam I Law Taxi Driver - Renewal 3/TD151 - William Cook, Kelso 23/09/20142

Applicant/Existing Licenceholder Type and Nature of Application DescriptionDateGranted

Gordon Crooks Taxi Driver - Renewal 4/TD9 - Goldstar 06/10/2014

Alistair Stewart Taxi Driver - Renewal 4/TD17 - 1098 Taxis 23/09/2014

Brian Murphy Taxi Driver - Renewal 4/TD44 - 1098 Taxis 17/09/2014

Alan Knox Taxi Driver - Renewal 4/TD53 - Tweedline Taxis 10/10/2014

Sovereign Automotive Limited Taxi Vehicle - Grant2/TV6 - AF14 CVT - Mercedes-Benz E220 - Silver, 4Passengers 10/10/2014

Ian Hamilton Taxi Vehicle - Grant 2/TV25 - OY07 XSM - Ford Galaxy - Silver - 6 Passengers 17/09/2014

Michael C Tetulics Taxi Vehicle - Grant2/TV145 - SA59 EKX - Citroen Grand Picasso - Red - 6Passengers 18/09/2014

Ian G McClure Taxi Vehicle - Renewal2/TV75 - PX08 HBP - Skoda Octavia Estate - Silver - 4Passengers 25/09/2014

Colin McLaren Taxi Vehicle - Renewal 2/TV127 - SG58 NCC - Mercedes Vito - Silver - 8 Passengers 01/10/2014

John Wood Taxi Vehicle - Renewal 3/TV15 - W33 JWW - VW Passat - Blue - 4 Passengers 29/09/2014

Shirley Johnston Taxi Vehicle - Renewal 3/TV86 - SV09 FVX - Black - 6 Passengers 23/09/2014

MISCELLANEOUS LICENSINGType and Nature of Application

Hana Hearn Animal Boarding - Grant Valley House, Coldingham - 2 Dogs 25/09/2014

Belinda Nunn HMO - Renewal 78 Overhaugh Street, Galashiels 24/09/2014

James Hughes Riding Establishment - Renewal Shepherd Cottage Stables, Galashiels 22/09/2014

Janet Stark Riding Establishment - Renewal Stark Equestrian Centre, Nr Selkirk 22/09/2014

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