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THE INVERCLYDE COUNCIL

 

LICENSING AND REGISTRATION PANEL

 

TUESDAY 14 OCTOBER 1997 - 3.00 pm

 

Present:-  Councillors Calvert, Morrison (D), Clocherty, Roach, Nimmo and Rebecchi, Councillor Morrison (D), Convener, in the Chair.

 

In attendance:-  The Director of Central Services and Mr H McNeilly (for the Director of Legal Services).

 

The following paragraphs are submitted for information only, having been dealt with under the powers delegated to the Panel.

 

1119      ADDITIONAL AGENDA ITEM                                                                                                           1119

 

The Director of Central Services referred to his report on the current position and future developments in relation to Cappielow Park, Greenock.  The Convener indicated that consideration of the item was urgent to allow early consideration of proposed improvements to the stadium and moved that the item be added to the Agenda.  This was unanimously agreed in terms of the relevant Standing Order.

 


1120      APPLICATION FOR LATE HOURS CATERING LICENCE:                                                            1120

THE GALLERY, 134 WEST BLACKHALL STREET, GREENOCK

 

SUBMITTED:  Report dated 30 September 1997 by the Director of Central Services on an application for a Late Hours Catering Licence by Kau Chai Chan to allow the operation of a hot food takeaway between the hours of 11.00 pm and 12 midnight on Sundays to Thursdays and between 11.00 pm and 12.30 am on Fridays and Saturdays at premises known as The Gallery, 134 West Blackhall Street, Greenock.

DECIDED:  That the application be granted.

 

1121      APPLICATION FOR VARIATION OF STREET TRADER'S LICENCE:                                           1121

ALEXANDER WHITTLE

 

SUBMITTED:  Report dated 30 September 1997 by the Director of Central Services on an application for Variation of Street Trader's Licence by Alexander Whittle to allow him to trade from a mobile snack bar at Dubbs Place car park, Port Glasgow.  The report advised of a representation from Strathclyde Police in response to the application and advised that the activity did not have the necessary planning permission.

DECIDED:  That the application be refused.

 

1122      APPLICATION FOR SECOND HAND DEALER'S LICENCE:  BRIAN BOYLE,                             1122

63 KEMPOCK STREET, GOUROCK

 

SUBMITTED:  Report dated 29 September 1997 by the Director of Central Services advising that authority had been received using the procedure under Standing Order 66 to grant a


 Second Hand Dealer's Licence to Brian Boyle to allow him to sell second-hand records, CDs, videos, books and posters at premises at 63 Kempock Street, Gourock.

NOTED

 

1123      APPLICATION FOR SECOND HAND DEALER'S LICENCE AND METAL DEALER'S                1123

LICENCE:  SAMUEL FREEBURN, 10 BOUVERIE STREET, PORT GLASGOW

 

SUBMITTED:  Report dated 29 September 1997 by the Director of Central Services advising that authority had been received using the procedure under Standing Order 66 to grant a Second Hand Dealer's Licence and Metal Dealer's Licence to Samuel Freeburn to allow him to sell second-hand car parts at premises at 10 Bouverie Street, Port Glasgow.

NOTED

 

1124      TAXI FARES REVIEW                                                                                                                         1124

 

SUBMITTED:  Report dated 2 October 1997 by the Director of Central Services advising of the results of the statutory consultation exercise in respect of the taxi fares review and on the responses received to the Council's proposals.

DECIDED:

(a)  That the contents of the report be noted and that the following fare scales be adopted from Sunday 16 November 1997:-

 

TARIFF 1

Hirings from ranks or 'flag' hirings begun between 6 am and midnight

 

Initial charge (1,582 yards or part thereof)

 

Subsequent charge (each additional 198 yards or part thereof)

 

 

 

              £1.30

 

                   10p

TARIFF 2

Hirings from ranks or 'flag' hirings begun between midnight and 6 am and all pre-booked hirings begun between 6 am and midnight

 

Initial charge (1,535 yards or part thereof)

 

Subsequent charge (each additional 192 yards or part thereof)

 

 

 

 

              £1.50

 

                   10p

TARIFF 3

Pre-booked hirings begun between midnight and 6 am and hirings from ranks or 'flag' hirings on 25 and 26 December and 1 and 2 January

 

Initial charge (1,535 yards or part thereof)

 

Subsequent charge (each additional 171 yards or part thereof)

 

 

 

 

              £1.70

 

                   10p

WAITING TIME

For each period of 45 seconds or part thereof

 

                   10p

SOILING CHARGE

Charge dependent on severity up to a maximum of

 

            £15.00

VAT

The foregoing charges are inclusive of Value Added Tax;

 

            and

 

(b)  That it be remitted to the Director of Central Services to take all necessary action to implement the new fare scales.

 

1125      REVIEW OF TAXI STANCES                                                                                                             1125

 

SUBMITTED:  Report by the Director of Central Services advising of consultations carried out by the taxi trade and Strathclyde Police on proposals to designate a list of existing and new taxi stances and to revoke the designation of taxi stances that were no longer used.

The Director of Central Services orally advised the Panel as to the following details to complete and amend the description of taxi stances in the report:-

(i)  Regent Street (Wellpark), Greenock - Following advice from the Director of Transportation and Roads, a stance for nine cabs extending 45 metres in length commencing from a point 76 metres east of the extended east kerbline of Bank Street.

(ii)  West Stewart Street, Greenock - a stance for eight cabs extending 40 metres in length commencing from a point opposite the extended southeast kerbline of Argyle Street.

DECIDED:  That it be remitted to the Director of Central Services to carry out the statutory procedure in respect of the list of taxi stances to be designated and the list of taxi stances to be revoked as set out in Appendices 2 and 3 of the report respectively as completed and amended above but with the following changes:-

(i)  Bank Street, Greenock - to be designated as a taxi stance but for two cabs only;

(ii)  Car park at Auchmead Road, Greenock - to be designated as a taxi stance for ten cabs;

(iii)  Station Road, Port Glasgow - to be designated as a taxi stance only between the hours of 7.00 am and 10.00 pm for three cabs;

(iv)  Church Street/Crawford Street, Port Glasgow - to be designated as a taxi stance only between the hours of 8.00 am and 10.00 pm for seven cabs;  and

(v)  Scarlow Street, Port Glasgow - to be designated as a taxi stance only between the hours of 10.00 pm and 8.00 am for eight cabs.


1126      DISABILITY DISCRIMINATION ACT 1995 FOR THE DISABLED -                                              1126

THE GOVERNMENT'S PROPOSALS FOR TAXIS:  INFORMAL CONSULTATION

 

SUBMITTED:  Report dated 1 September 1997 by the Director of Central Services seeking the views of the Council to the Government's proposals which seek to ensure, in pursuance of the Disability Discrimination Act 1995, that disabled people, including those who use and wish to remain in their wheelchairs, can get into and out of and to travel in licensed taxis in safety and reasonable comfort.

DECIDED:  That it be remitted to the Director of Central Services to respond to the Government's consultation paper as set out in paragraph 7 of the report.

 

1127      TAXIS AND PRIVATE HIRE VEHICLES - ADVERTISING IN AND ON VEHICLES                     1127

 

SUBMITTED:  Report dated 2 October 1997 by the Director of Central Services on the current policy on signage for vehicles licensed as taxis or for private hire.

DECIDED:  That the Panel consider a new policy for advertising and that it be remitted to the Director of Central Services to submit a further report on the proposed guidelines on an advertising policy for taxi and private hire vehicles.

 

1128      APPROVAL OF VEHICLES AS TAXIS OR PRIVATE HIRE CARS - ESTATE CARS                     1128

 

SUBMITTED:  Report dated 2 October 1997 by the Director of Central Services on the current policy which excludes the approval of estate cars operating as taxis or private hire cars and outlining specific requirements which the Panel may wish to consider if approving estate cars as licensed vehicles.  After discussion, Councillor Calvert moved that estate cars be approved as licensed vehicles.  As an amendment, Councillor Morrison (D) moved that estate cars be not approved as licensed vehicles.  On a vote, 2 Members voted for the amendment and 4 for the motion which was declared carried.  As a further motion, Councillor Rebecchi moved that no luggage be carried in the vehicle so as to protrude above the top of the rear seat.  As an amendment, Councillor Roach moved that a guard be erected between the rear seat and the luggage compartment which would allow luggage carried in the vehicle so as to protrude  above the top of the rear seat.  On a vote, 3 Members voted for the motion and 3 for the amendment and the Chairman, having given his casting vote, declared the motion carried.

DECIDED:  That the Council's policy on the types of vehicles approved as taxis or private hire cars include estate cars but that no luggage be carried in the vehicle so as to protrude above the top of the rear seat of the vehicle.

 

1129      PROPOSED TAXI CHARTER                                                                                                             1129

 

SUBMITTED:  Report dated 18 September 1997 by the Director of Central Services on a request from Strathclyde Police that the Council consider the formulation and promulgation of a charter to be adopted by the taxi trade.

DECIDED:  That the concept of a taxi charter be agreed in principle and that it be remitted to the Director of Central Services in consultation with the Chairman, Councillor Roach and a Member of the Minority Groups to discuss with the Police and the Lower Clyde Taxi Owners' Association the form and content of the proposed charter with a view to reporting back with recommendations to the Licensing and Registration Panel in early course.


1130      RESOLUTION:  EXCLUSION OF PUBLIC AND PRESS                                                                  1130

 

On the motion of the Convener it was agreed unanimously that, in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, the public and press be excluded from the meeting during consideration of the undernoted items of business on the grounds that consideration of the items involved the likely disclosure of exempt information as defined in paragraph 6 of Part I of Schedule 7(A) of the Act.

 

1131      APPLICATION FOR TAXI LICENCE:  PAUL McCLUSKEY                                                           1131

 

SUBMITTED:  Report dated 2 October 1997 by the Director of Central Services on an application for a Taxi Licence by Paul McCluskey to make available to the public a vehicle specially adapted for use by the disabled.  Mr McCluskey was present and with consent spoke to the Panel on his application.  After discussion, Councillor Morrison (D) moved that the application for a Taxi Licence be granted on the terms set out in paragraph 8.1 of the report and subject to an overall limit of five passengers (including those in wheelchairs) for the vehicle.  As an amendment, Councillor Clocherty moved that the application be refused.  On a vote, 1 Member voted for the amendment and 5 for the motion which was declared carried.

DECIDED:  That the application for a Taxi Licence by Paul McCluskey to provide to the public a vehicle specially adapted for use by the disabled be granted on the terms set out in paragraph 8.1 of the report and subject to an overall limit of five passengers (including those in wheelchairs) for the vehicle.

 

1132      REQUEST FOR SUSPENSION OF TAXI LICENCES AND METAL DEALER'S LICENCE:           1132

ALEXANDER EASDALE

 

SUBMITTED:  Report dated 18 August 1997 by the Director of Central Services requesting the Panel to consider the suspension of the following licences granted by the Licensing Authority to Alexander Easdale:

(a)  Taxi Licences Nos 20, 100, 171, 198 and 202;  and

(b)  Metal Dealer's Licence permitting him to trade under the name of Clyde Metals at 3 Upper Ingleston Street, Greenock.

The Panel heard acting Chief Superintendent Anderson and Mr Johnstone on behalf of Mr Easdale.

DECIDED:  That the Taxi Licences and Metal Dealer's Licence held by Alexander Easdale be suspended immediately for the remainder of their respective terms.

 

1133      APPLICATION FOR TAXI LICENCES:  CHRISTINA EASDALE                                                    1133

 

SUBMITTED:  Report dated 3 October 1997 by the Director of Central Services on applications for the grant of five Taxi Licences following an objection by the Chief Constable on the grounds that Mrs Easdale would not be a suitable person to hold the licences by virtue of (a) the conviction of Mr Alexander Easdale and (b) the close family association between Mr Easdale and his mother, Mrs Christina Easdale.  The Panel heard acting Chief Superintendent Anderson, Mr Johnstone, agent for the applicant, and Mrs Easdale.

DECIDED:  That the applications be refused.

 

1134      APPLICATION FOR TAXI DRIVER'S LICENCE:  STEPHEN BRYCE                                             1134

 

SUBMITTED:  Report dated 17 September 1997 by the Director of Central Services on an application for a Taxi Driver's Licence by Stephen Bryce following an objection by the Chief Constable on the grounds that the applicant is not a fit and proper person to hold such a licence by virtue of his previous convictions.  The Panel heard acting Chief Superintendent Anderson and Mr Bryce.

DECIDED:  That the application be refused.

 

1135      APPLICATION FOR TAXI DRIVER'S LICENCE:  BRIAN McARTHUR                                          1135

 

SUBMITTED:  Report dated 16 September 1997 by the Director of Central Services on an application for a Taxi Driver's Licence by Brian McArthur following an objection by the Chief Constable on the grounds that the applicant is not a fit and proper person to hold such a licence by virtue of his previous convictions.  The Panel heard acting Chief  Superintendent Anderson and Mr McArthur.  Following discussion, Councillor Nimmo moved that the application be refused.  As an amendment, Councillor Clocherty moved that the application be granted.  On a vote, 2 Members voted for the motion and 4 for the amendment which was declared carried.

DECIDED:  That the application be granted.

 

1136      APPLICATION FOR TAXI DRIVER'S LICENCE:  ANDREW TAIT                                                 1136

 

SUBMITTED:  Report dated 26 September 1997 by the Director of Central Services on an application for a Taxi Driver's Licence by Andrew Tait following an objection by the Chief Constable on the grounds that the applicant is not a fit and proper person to hold such a licence by virtue of his previous convictions.

DECIDED:  That the application be refused.

 

1137      APPLICATION FOR TAXI DRIVER'S LICENCE:  JAMES GILLESPIE                                            1137

 

SUBMITTED:  Report dated 26 September 1997 by the Director of Central Services on an application for a Taxi Driver's Licence by James Gillespie following an objection by the Chief Constable on the grounds that the applicant is not a fit and proper person to hold such a licence by virtue of his previous conviction.

DECIDED:  That the application be refused.

 

1138      APPLICATION FOR TAXI DRIVER'S LICENCE:  IAN HEMPSEY                                                  1138

 

SUBMITTED:  Report dated 26 September 1997 by the Director of Central Services on an application for a Taxi Driver's Licence by Ian Hempsey following an objection by the Chief Constable on the grounds that the applicant is not a fit and proper person to hold such a licence by virtue of his previous convictions.

DECIDED:  That the application be refused.


1139      APPLICATION FOR TAXI DRIVER'S LICENCE:  THOMAS GIVEN                                              1139

 

SUBMITTED:  Report dated 24 September 1997 by the Director of Central Services on an application for a Taxi Driver's Licence by Thomas Given following an objection by the Chief Constable on the grounds that the applicant is not a fit and proper person to hold such a licence by virtue of his previous conviction.  The Panel heard acting Chief Superintendent Anderson and Mr Given.

The Director of Central Services drew to the Panel's attention his concern that the Council might not be entitled to grant a licence in the circumstances of the applicant's recent previous conviction.

DECIDED:  That consideration of the application be declined as incompetent in view of the applicant's recent restoration of his driving licence.

 

1140      SAFETY OF SPORTS GROUNDS ACT 1975:  CAPPIELOW PARK, GREENOCK                        1140

 

SUBMITTED:  Report dated 13 October 1997 by the Director of Central Services advising Members (i) of the current position in relation to outstanding matters from the annual inspection of Cappielow Park, (ii) of the up-to-date position with regard to proposed future developments of the stadium and (iii) seeking delegated authority from the Panel in relation to the General Safety Certificate applying to the stadium.

DECIDED:

(a)  That the contents of the report be noted; and

(b)  That authority be delegated to the Director of Central Services following consultation with the Police and Fire Brigade and other Council Officers where appropriate and the Chairman, Councillor Roach and a Member of the Minority Groups to (i) approve the specification and installation of a turnstile metering system, (ii) approve the specification, method statement and other details for the repair and refurbishment of the steelwork, replacement of external cladding and installation of individual seating for the main stand , and (iii) determine a new maximum capacity for the main stand and a consequent increase in the total capacity of Cappielow Park under the General Safety Certificate in accordance with the relevant statutory regulations and guidance on the matter.

 

 

                                                                                                                                                                                    

 

 

 

 

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