agenda item no , 100 - mars.northlanarkshire.gov.uk · cleaner’s licence had been received; (2)...

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AGENDA ITEM No , ...... 100 ...... ......... CORPORATE SERVICES (LICENSING) SUB - 30 October 2013 Motherwell, 30 October 2013 at 10 am. A Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE PRESENT Councillor W. Hogg, Convener; Councillors Irvine, Love, McKendrick, Majid and Nolan. CHAIR Councillor W. Hogg (Convener) presided. IN ATTENDANCE The Administrative Officer (Committee and Civic Governance Services) and Principal Solicitor (Licensing) ALSO IN ATTENDANCE John Waddell, Lanarkshire Division, Police Scotland. APOLOGIES Councillors Clinch, McVey and Sullivan. DEATH OF COUNCILLOR ANNITA McAULEY, VICE-CONVENER OF CORPORATE SERVICES COMMITTEE The Convener referred to the death of Councillor Annita McAuley who became a Member of North Lanarkshire Council in 2003 and who, prior to her death, had served as Vice-Convener of this Committee, Chair of the Corporate Services (Public Processions) Sub-Committee and previously as the Convener of Motherwell and District Area Committee and spoke of her hard work for her area and constituents of Motherwell North during her time with North Lanarkshire Council. Thereafter, the Sub-Committee observed one Minute’s Silence. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. 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. 60

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Page 1: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

AGENDA ITEM No ,...... 1 0 0 ...... ......... CORPORATE SERVICES (LICENSING) SUB - 30 October 2013

Motherwell, 30 October 2013 at 10 am.

A Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor W. Hogg, Convener; Councillors Irvine, Love, McKendrick, Majid and Nolan.

CHAIR

Councillor W. Hogg (Convener) presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Principal Solicitor (Licensing)

ALSO IN ATTENDANCE

John Waddell, Lanarkshire Division, Police Scotland.

APOLOGIES

Councillors Clinch, McVey and Sullivan.

DEATH OF COUNCILLOR ANNITA McAULEY, VICE-CONVENER OF CORPORATE SERVICES COMMITTEE

The Convener referred to the death of Councillor Annita McAuley who became a Member of North Lanarkshire Council in 2003 and who, prior to her death, had served as Vice-Convener of this Committee, Chair of the Corporate Services (Public Processions) Sub-Committee and previously as the Convener of Motherwell and District Area Committee and spoke of her hard work for her area and constituents of Motherwell North during her time with North Lanarkshire Council.

Thereafter, the Sub-Committee observed one Minute’s Silence.

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

1. No declarations were made.

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.

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Page 2: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

CORPORATE SERVICES (LICENSING) SUB - 30 October 2073

HEARINGS

(1) PRIVATE HIRE CAR DRIVER’S LICENCE

(a) NEW APPLICATION - MUHAMMAD NAWAZ

2. The Principal Solicitor advised (1) that an application (tabled) by Muhammad Nawaz for a Private Hire Car Driver’s Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Administrative Officer then indicated that Muhammad Nawaz was not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in the applicant‘s absence.

The Sub-Committee then heard John Waddell outline the Chief Constable’s objection to the application.

Thereafter, the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The representative of the Police was then re-admitted to the meeting.

Decided: that the application by Muhammad Nawaz for a Private Hire Car Driver’s Licence be refused.

(b) RENEWAL - SHAHID IQBAL

3. The Principal Solicitor advised that an application by Shahid lqbal for the renewal of his Private Hire Car Driver’s Licence had been received.

The Administrative Officer then indicated that although Mr. lqbal was not in attendance, Mr. Wardropper, GFT Minibus and Taxis was in attendance to speak in respect of the application.

The Sub-Committee then heard Mr. Wardropper speak in relation to the application.

Thereafter, Mr. Wardropper and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

Mr. Wardropper and the representative of the Police were then re-admitted to the meeting

Decided: that consideration of the application by Shahid lqbal for the renewal of his Private Hire Car Driver’s Licence be continued to allow the applicant another opportunity to appear before the Sub-Committee to speak in support of his application.

(2) TAXI DRIVER’S LICENCE - COMPLAINTS

(a) JAMES DUFFY

4. The Principal Solicitor advised that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, a complaint (tabled) had been received from the Chief Constable, Police Scotland relative to the behaviour of James Duffy who currently held a Taxi Driver’s Licence.

The Sub-Committee then heard John Waddell outline the Chief Constable’s complaint and James Duffy’s agent, Peter Gunn, Airdrie Taxis speak in respect of the complaint.

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Page 3: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

CORPORATE SERVICES (LICENSING) SUB - 30 October 2013

Thereafter, James Duffy, Peter Gunn and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

James Duffy, Peter Gunn and the representative of the Police were re-admitted to the meeting.

The Sub-Committee having determined that the complaint by the Chief Constable relative to the behaviour of James Duffy be upheld heard James Duffy and Peter Gunn in mitigation.

Thereafter, James Duffy, Peter Gunn and the representative of the Police again withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

James Duffy, Peter Gunn and the representative of the Police were again re-admitted to the meeting.

Decided: that, in terms of paragraph 11 and Schedule 1 of the Civic Government (Scotland) Act 1982, the Taxi Driver’s Licence currently held by James Duffy be not suspended on the understanding that the Acting Head of Legal Services issue James Duffy with a letter warning him as to his future conduct.

(b) MATTHEW WHITE

5. The Principal Solicitor advised that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, a complaint (tabled) had been received from the Chief Constable, Police Scotland relative to the behaviour of Matthew White who currently held a Taxi Driver’s Licence.

The Sub-Committee then heard John Waddell outline the Chief Constable’s complaint and Matthew White speak in respect of the complaint.

Thereafter, Matthew White and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

Matthew White and the representative of the Police were re-admitted to the meeting.

Decided: that the complaint by the Chief Constable relative to the behaviour of Matthew White who currently held a Taxi Driver’s Licence be not upheld.

(3) STREET TRADER’S LICENCE - NEW APPLICATION - ARTHUR LITTLEJOHN

6. The Principal Solicitor advised (1) that an application (tabled) by Arthur Littlejohn for a Street Trader’s Licence to enable him to trade from a static snack van adjacent to 16 New Stevenston Road, Motherwell had been received, and (2) that objections (tabled) to the application had been received from James Hainey and Roslyn Keenan, local residents.

The Administrative Officer then indicated that neither the applicant nor the objectors were in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in the applicant and objectors’ absence.

Decided: that the application by Arthur Littlejohn for a Street Trader’s Licence be granted.

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Page 4: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

CORPORATE SERVICES (LICENSING) SUB - 30 October 2013

(4) WINDOW CLEANER’S LICENCE - NEW APPLICATION - MARTIN CASEY

7. The Principal Solicitor advised that consideration of an application by Martin Casey for a Window Cleaner’s Licence had been continued to allow the applicant an opportunity to appear before the Sub-Committee to speak in support of his application.

The Administrative Officer then indicated that Martin Casey was not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in the applicant‘s absence.

Decided: that the application by Martin Casey for a Window Cleaner’s Licence be continued to allow the applicant another opportunity to appear before the Sub-Committee to speak in support of his application.

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Page 5: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

CORPORATE SERVICES (LICENSING) SUB - 20 November 2013

Mothennrell, 20 November 201 3 at I 0 am.

A Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor W. Hogg, Convener; Councillors Love, McKendrick, Majid, Nolan and Sullivan.

CHAIR

Councillor W. Hogg (Convener) presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Principal Solicitor (Licensing).

ALSO IN ATTENDANCE

John Waddell, Lanarkshire Division, Police Scotland.

APOLOGIES

Councillors Farooq and McVey.

On a motion of the Convener, the meeting adjourned.

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Page 6: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

CORPORATE SERVICES (LICENSING) SUB - 28 November 2013

Mothetwell, 28 November 201 3 at 1 I am.

A Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor W. Hogg, Convener; Councillors Farooq, Irvine, Love, McVey, Nolan and Sullivan.

CHAIR

Councillor W. Hogg (Convener) presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Acting Managing Solicitor (Licensing and Litigation).

ALSO IN ATTENDANCE

John Waddell, Lanarkshire Division, Police Scotland.

APOLOGIES

Councillors Clinch and McKendrick.

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

1. No declarations were made.

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 I of Schedule 7A of the Act.

HEARINGS

(1) PRIVATE HIRE CAR DRIVER’S LICENCE - NEW APPLICATIONS

(a) STEVEN KIRKLAND

2. The Acting Managing Solicitor advised (1) that an application (tabled) by Steven Kirkland for a Private Hire Car Driver’s Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable. Police Scotland.

The Administrative Officer then indicated that Steven Kirkland was not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in the applicant’s absence.

The Sub-Committee then heard John Waddell outline the Chief Constable’s objection to the application.

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Page 7: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

CORPORATE SERVICES (LICENSING) SUB - 28 November 2013

Thereafter, the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The representative of the Police was then re-admitted to the meeting.

Decided: that the application by Steven Kirkland for a Private Hire Car Driver’s Licence be refused.

(b) MICHAEL McATASNEY

3. The Acting Managing Solicitor advised (1) that an application (tabled) by Michael McAtasney for a Private Hire Car Driver’s Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Administrative Officer then indicated that Michael McAtasney was not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in the applicant‘s absence.

The Sub-Committee then heard John Waddell outline the Chief Constable’s objection to the application.

Thereafter, the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The representative of the Police was then re-admitted to the meeting.

Decided: that the application by Michael McAtasney for a Private Hire Car Driver’s Licence be refused.

(2) WINDOW CLEANER’S LICENCE - NEW APPLICATION - MARTIN CASEY

4. The Managing Solicitor advised (1) that an application (tabled) by Martin Casey for a Window Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable, Police Scotland, and (3) Martin Casey had indicated that he was unable to be in attendance and requested that the Sub-Committee resume consideration of the application in his absence .

Thereafter, the Sub-Committee resumed consideration of the matter in the applicant‘s absence.

The Sub-Committee then heard John Waddell outline the Chief Constable’s objection to the application.

Thereafter, the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The representative of the Police was then re-admitted to the meeting.

Decided: that the application by Martin Casey for a Window Cleaner’s Licence be refused.

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Page 8: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

CORPORATE SERVICES (LICENSING) SUB - 4 December 2013

Motherwell, 4 December 2013 at 10 am.

A Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor W. Hogg, Convener; Councillors Clinch, Farooq, McKendrick, McVey, Majid, Nolan and Sullivan.

CHAIR

Councillor W. Hogg (Convener) presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Acting Managing Solicitor (Licensing and Litigation).

ALSO IN ATTENDANCE

Sergeant McGovern, Lanarkshire Division, Police Scotland.

APOLOGIES

Councillors lrvine and Love.

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

1. No declarations were made.

Councillor McVey, having submitted an objection to the undernoted application, was not present during consideration of the application.

STREET TRADER’S LICENCE - NEW APPLICATION - DENSE MATHIESON

2. The Acting Managing Solicitor advised (1) that an application (tabled) by Denise Mathieson for a Street Trader’s Licence to enable her to trade from a static snack van at 6 Balmalloch Road, Kilsyth had been received; (2) that objections (tabled) to the application had been received from Councillors McVey and Stevenson, two local Members, and the Executive Director of Regeneration and Environmental Services, and (3) Denise Mathieson had indicated that her husband, John Mathieson, would be in attendance to speak on her behalf.

The Administrative Officer then indicated that Councillors McVey and Stevenson were not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in Councillors McVey and Stevenson‘s absence.

The Sub-Committee then heard Mike Murphy, Roads and Transportation outline the Executive Director of Regeneration and Environmental Services objection to the application and John Mathieson speak in support of the application.

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Page 9: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

CORPORATE SERVICES (LICENSING) SUB - 4 December 2013

Thereafter, John Mathieson, Mike Murphy and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

John Mathieson, Mike Murphy and the representative of the Police were then re-admitted to the meeting.

Decided: that consideration of the application by Denise Mathieson for a Street Trader’s Licence be continued to permit the Sub-Committee a site visit and further hearing.

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.

PRIVATE HIRE CAR DRIVER’S LICENCE - RENEWAL - SHAHID IQBAL

3. With reference to paragraph 3 of the Minute of the meeting of this Sub-Committee held on 30 October 2013, the Acting Managing Solicitor advised that consideration of an application (tabled) by Shahid lqbal for the renewal of his Private Hire Car Driver’s Licence had been continued to allow the applicant another opportunity to appear before the Sub-Committee to speak in support of his application.

The Sub-Committee then heard the applicant and Sergeant McGovern speak in relation to the application.

Thereafter, the applicant and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The applicant and the representative of the Police were then re-admitted to the meeting.

Decided: that the application by Shahid lqbal for the renewal of his Private Hire Car Driver’s Licence be granted.

PRIVATE HIRE CAR DRIVER’S LICENCE AND PRIVATE HIRE CAR OPERATOR’S LICENCE - COMPLAINT - THOMAS KEENAN

4. The Acting Managing Solicitor advised that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland Act 1992, a complaint had been received from the Chief Constable, Police Scotland relative to the behaviour of Thomas Keenan who currently held a Private Hire Car Driver’s Licence and Private Hire Car Operator’s Licence.

The Sub-Committee then heard Alan Watt, Watt Law, Solicitors, request that consideration of the complaint be continued to allow Thomas Keenan another opportunity to appear before the Sub- Committee to speak in respect of the complaint.

Decided: that consideration of the complaint by the Chief Constable, Police Scotland relative to the behaviour of Thomas Keenan be continued to allow Thomas Keenan another opportunity to appear before the Sub-Committee to speak in respect of the complaint.

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Page 10: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

CORPORATE SERVICES (LICENSING) SUB - 4 December 2013

STREET TRADER’S LICENCE - RENEWAL - KAREN MclNTYRE

5. The Acting Managing Solicitor advised (1) that an application (tabled) by Karen Mclntyre for the renewal of her Street Trader’s Licence to enable her to trade from a static snack van at Drumpellier Country Park, Coatbridge had been received, and (2) that an objection (tabled) to the application had been received from the Head of Land Services, Regeneration and Environmental Services.

The Sub-Committee then heard Mary Anne Robb, outline the Head of Land Services objection to the application and Karen Mclntyre and her husband, Alan Mclntyre speak in support of the application.

Thereafter, the applicant, Mr. Mclntyre, Mary Anne Robb and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The applicant, Mr. Mclntyre, Mary Anne Robb and the representative of the Police were then re-admitted to the meeting.

Decided: that the application by Karen Mclntyre for the renewal of her Street Trader’s Licence be granted.

WINDOW CLEANER’S LICENCE - RENEWAL - JAMES ALEXANDER HUGHES

6. The Acting Managing Solicitor advised (1) that an application (tabled) by James Alexander Hughes for the renewal of his Window Cleaner’s Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Sub-Committee then heard Sergeant McGovern outline the Chief Constable’s objection to the application and James Alexander Hughes speak in support of his application.

Thereafter, the applicant, and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The applicant and the representative of the Police were then re-admitted to the meeting.

Decided: that the application by James Alexander Hughes for the renewal of his Window Cleaner’s Licence be granted.

WINDOW CLEANER’S LICENCE - NEW APPLICATION - ALEXANDER McAULEY

7. The Acting Managing Solicitor advised (1) that an application (tabled) by Alexander McAuley for a Window Cleaner’s Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Sub-Committee then heard Sergeant McGovern outline the Chief Constable’s objection to the application and Alexander McAuley and his mother, Susan McAuley speak in support of the application.

Thereafter, the applicant, Susan McAuley and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The applicant, Susan McAuley and the representative of the Police were then re-admitted to the meeting.

Decided: that the application by Alexander McAuley for a Window Cleaner’s Licence be granted for a period of one year.

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Page 11: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

SPECIAL CORPORATE SERVICES (LICENSING) SUB - 19 December 2013

Mothewell , I 9 December 2013 a t 12 noon.

A Special Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor W. Hogg, Convener; Councillors Clinch, Farooq, Irvine, McKendrick, Majid, Nolan and Sullivan.

CHAIR

Councillor W. Hogg (Convener) presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Acting Managing Solicitor (Licensing and Litigation).

ALSO IN ATTENDANCE

Sergeant McGovern, Lanarkshire Division, Police Scotland.

APOLOGIES

Councillors Love and McVey.

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

1. No declarations were made.

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.

HEARINGS

(1) STREET TRADER’S LICENCE - NEW APPLICATION - WENDY HESKETH

2. The Acting Managing Solicitor advised (1) that an application (tabled) by Wendy Hesketh for a Street Trader’s Licence to enable her to trade from a static pitch at Main Street, Bellshill had been received; (2) that objections (tabled) to the application had been received from the Clerk to the Congregation, St. Andrew’s Free Church of Scotland, the Moderator of the Kirk Session, St. Andrew’s United Free Church, Bellshill, the Secretary, Bellshill Community Council, Councillor H. McGuigan, a local Member and a number of local residents, and (3) that a late objection to the application had been received from Michael McMahon, MSP.

The Sub-Committee then heard the Moderator of the Kirk Session, Mr. Young, Mrs. Lawless, Mr. Russell and Mr. Love, local residents outline their objections to the application and Wendy Hesketh speak in support of her application.

70

Page 12: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

SPECIAL CORPORATE SERVICES (LICENSING) SUB - 19 December 2013

Thereafter, the applicant, the Moderator of the Kirk Session, Mr. Young, Mrs. Lawless, Mr. Russell, Mr. Love and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The applicant, the Moderator of the Kirk Session, Mr. Young, Mrs. Lawless, Mr. Russell, Mr. Love and the representative of the Police were then re-admitted to the meeting.

Decided: that the application by Wendy Hesketh for a Street Trader’s Licence be granted.

(2) TAXI DRIVER’S LICENCE - NEW APPLICATION - MICHAEL ROONEY

3. The Acting Managing Solicitor advised (1) that an application by Michael Rooney for a Taxi Driver’s Licence had been received, and (2) that Michael Rooney had failed his knowledge test.

The Administrative Officer then indicated that Michael Rooney was not in attendance.

The Sub-Committee resumed consideration of the matter in the applicant’s absence.

Decided: that the application by Michael Rooney for a Taxi Driver‘s Licence be refused.

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Page 13: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

CORPORATE SERVICES (LICENSING) SUB - 8 January 2014

Motherwell, 8 January 2014 at I 0 am.

A Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor W. Hogg, Convener; Councillors Clinch, Irvine, McVey, Nolan and Sullivan.

CHAIR

Councillor W. Hogg (Convener) presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Acting Managing Solicitor (Licensing and Litigation).

ALSO IN ATTENDANCE

Sergeant McGovern, Lanarkshire Division, Police Scotland.

APOLOGIES

Councillors Love, McKendrick and Majid.

The Convener exercised his discretion to vary the order of business as hereinafter Minuted.

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

1. No declarations were made.

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.

HEARINGS

(1) TAXI DRIVER’S LICENCE - NEW APPLICATION - CATRINA DEANS

2. The Acting Managing Solicitor advised (1) that an application (tabled) by Catrina Deans for a Taxi Driver’s Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Sub-Committee then heard Sergeant McGovern outline the Chief Constable’s objection to the application and Catrina Deans and her agent, Alan Watt, Watt Law, Solicitors speak in support of the application.

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Page 14: AGENDA ITEM No , 100 - mars.northlanarkshire.gov.uk · Cleaner’s Licence had been received; (2) that an objection to the application had been received from the Chief Constable,

CORPORATE SERVICES (LICENSING) SUB - 8 January 2014

Thereafter, the applicant, Alan Watt and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The applicant, Alan Watt and the representative of the Police were then re-admitted to the meeting.

Councillor Hogg, seconded by Councillor Clinch moved that the application by Catrina Deans for a Taxi Driver’s Licence be refused.

Councillor Nolan, seconded by Councillor Irvine, moved, as an amendment, that the application by Catrina Deans for a Taxi Driver‘s Licence be granted for a period of one year.

On a vote being taken, 3 Members voted for the amendment and 3 Members voted for the motion. The vote being equal, the Convener exercised his casting vote in favour of the motion, which was accordingly declared carried.

Decided: that the application by Catrina Deans for a Taxi Driver’s Licence be refused

(2) SECOND HAND DEALER’S LICENCE - RENWAL - ROBERT WALKER

3. The Acting Managing Solicitor advised (1) that an application (tabled) by Robert Walker for the renewal of his Second Hand Dealer’s Licence to enable him to trade in second hand car sales at 317 Orbiston Street, Motherwell had been received, and (2) that a late objection to the application had been received from the Chief Constable, Police Scotland.

The Sub-Committee then heard Sergeant McGovern explain the reason for the Chief Constable’s objection being submitted late.

The Sub-Committee then determined that the late objection by the Chief Constable be not considered.

The Sub-Committee then heard Robert Walker’s agent, John Costello, John A. Bryan, Solicitors, speak in respect of the application.

Thereafter, the applicant, John Costello and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The applicant, John Costello and the representative of the Police were then re-admitted to the meeting.

Decided: that the application by Robert Walker for the renewal of his Second Hand Dealer’s Licence be granted.

(3) PRIVATE HIRE CAR DRIVER’S LICENCE - COMPLAINT - ANDRZEJ SZLYK

4. The Acting Managing Solicitor advised that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, a complaint had been received from the Chief Constable, Police Scotland, relative to the behaviour of Andrzej Szlyk who currently held a Private Hire Car Driver’s Licence .

The Administrative Officer then indicated that Andrzej Szlyk was not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in Andrzej Szlyk’s absence.

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CORPORATE SERVICES (LICENSING) SUB - 8 January 2014

Decided: that consideration of the complaint relative to the behaviour of Andrzej Szlyk be continued to allow Andrzej Szlyk another opportunity to appear before the Sub-Committee to speak in respect of the complaint.

(4) TAXI DRIVER’S LICENCE - COMPLAINT - JAMESMcLEAN

5. The Acting Managing Solicitor advised that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, a complaint (tabled) had been received from the Chief Constable, Police Scotland, relative to the behaviour of James McLean who currently held a Taxi Driver’s Licence.

The Sub-Committee then heard Sergeant McGovern outline the Chief Constable’s complaint and James McLean speak in respect of the complaint.

Thereafter, James McLean and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

James McLean and the representative of the Police were then re-admitted to the meeting.

The Sub-Committee having determined that the complaint be upheld heard James McLean in mitigation.

Thereafter, James McLean and the representative of the Police again withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

James McLean and the representative of the Police were again re-admitted to the meeting.

Decided: that the Taxi Driver’s Licence currently held by James McLean be not suspended on the understanding that the Acting Head of Legal Services issue James McLean with a letter warning him as to his future conduct.

(5) TAXI OPERATOR’S LICENCE - VARIATION - MARGARET HAMILTON AND DAVID HAMILTON

6. The Acting Managing Solicitor advised that an application by Margaret Hamilton and David Hamilton to vary their Taxi Operator’s Licence had been received.

The Administrative Officer then indicated that Margaret Hamilton and David Hamilton were not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in the applicants’ absence.

Decided: that the application by Margaret Hamilton and David Hamilton to vary their Taxi Operator’s Licence be refused.

(6) WINDOW CLEANER’S LICENCE - NEW APPLICATION - ANDREW MULLEN

7. The Acting Managing Solicitor advised (1) that an application (tabled) by Andrew Mullen for a Window Cleaner’s Licence had been received, and (2) that an objection (tabled) to the application had been received from the Chief Constable, Police Scotland.

The Sub-Committee then heard Sergeant McGovern outline the Chief Constable’s objections to the application and Andrew Mullen speak in support of his application.

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Thereafter, the applicant and representatives of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

The applicant and representatives of the Police were then re-admitted to the meeting.

Councillor McVey, seconded by Councillor Sullivan, moved that the application by Andrew Mullen for a Window Cleaner’s Licence be refused.

Councillor Irvine, seconded by Councillor Clinch, moved, as an amendment, that the application by Andrew Mullen be granted for a period of one year.

On a vote being taken, 2 Members voted for the amendment and 4 Members voted for the motion which was accordingly declared carried.

Decided: that the application by Andrew Mullen for a Window Cleaner’s Licence be refused.

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SPECIAL CORPORATE SERVICES (LICENSING) SUB - 13 January 2014

Mothewvell, 13 January 2014 at 11.15 am.

A Special Meeting of the CORPORATE SERVICES (LICENSING) SUB-COMMITTEE

PRESENT

Councillor W. Hogg, Convener; Councillors Clinch, McKendrick and Nolan

CHAIR

Councillor W. Hogg (Convener) presided.

IN ATTENDANCE

The Administrative Officer (Committee and Civic Governance Services) and Acting Managing Solicitor (Licensing - Litigation).

APOLOGIES

Councillors Love, McVey and Sullivan.

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

1. No declarations were made.

HEARING

STREET TRADER’S LICENCE - NEW APPLICATION - DENISE MATHIESON

2. With reference to paragraph 2 of the Minute of the meeting of the Sub-Committee held on 4 December 2013, the Acting Managing Solicitor advised (1) that an application (tabled) by Denise Mathieson for a Street Trader’s Licence to enable her to trade from a static snack van at 6 Balmalloch Road, Kilsyth had been received; (2) that objections (tabled) to the application had been received from Councillors McVey and Stevenson, two local Members, and the Executive Director of Regeneration and Environmental Services, and (3) that Denise Mathieson had indicated that her husband, John Mathieson, would be in attendance to speak on her behalf.

The Administrative Officer then indicated that Councillors McVey and Stevenson were not in attendance.

Thereafter, the Sub-Committee resumed consideration of the matter in Councillors McVey and Stevenson’s absence.

The Sub-Committee then heard Mike Murphy, Roads and Transportation, outline the Executive Director of Regeneration and Environmental Services objection to the application and John Mathieson speak in support of the application.

Thereafter, John Mathieson, Mike Murphy and the representative of the Police withdrew from the meeting and the Sub-Committee resumed consideration of the matter.

John Mathieson and Mike Murphy were then re-admitted to the meeting.

Decided: that the application by Denise Mathieson for a Street Trader’s Licence be refused.

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