Licensing and Registration Panel

Thursday 10 January 2002 at 3.00 pm

Present:  Councillors Calvert, McCormick, McGraw, Morrison (D), Morrison (M), Nimmo and Rebecchi.

Chair:  Councillor Morrison (D) presided.

In attendance:  Mr G Douglas (for Director of Legal & Support Services).

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

14

Application for Late Hours Catering Licence - 33 Nicolson Street, Greenock

14

There was submitted a report by the Director of Legal & Support Services on an application for a Late Hours Catering Licence by Imran Bari to allow the operation of a hot food takeaway between the hours of 11 pm and 12 midnight on Mondays to Thursdays and between 11 pm and 1.30 am on Fridays and Saturdays at the premises at 33 Nicolson Street, Greenock.  The Panel noted that the Head of Environmental and Consumer Services had requested that the licence, if granted, should be for the period of one year in the first instance.

Decided:  that the application be granted for the hours sought for one year.

15

Application for Renewal of Street Trader's Licence - Anna Hagen

15

There was submitted a report by the Director of Legal & Support Services on an application for the renewal of a Street Trader's Licence by Anna Hagen to allow her to trade in Earnhill Road, Greenock.  The Panel noted that a letter of objection had been received from McGrigor Donald, Solicitors, on behalf of National Semiconductors on the grounds that the location of the trailer used for trading caused congestion.  The Panel heard Miss Ferrie, agent for the objector, and Mrs Hagen in support of her application.

Decided:  that the application by Anna Hagen be granted subject to the conditions of her previous licence.

16

Application for Public Entertainment Licence, Permit for Amusement with Prizes Machines and Permit for Commercial Provision of Amusement with Prizes Machines - 29 West Blackhall Street, Greenock

16

There was submitted a report dated 18 December 2001 by the Director of Legal & Support Services on an application for a Public Entertainment Licence, Permit for Amusement with Prizes Machines and Permit for Commercial Provision of Amusement with Prizes Machines submitted by Mr D Taylor to allow the playing of amusements to take place between the hours of 9 am and 7 pm on Mondays to Saturdays at the premises at 29 West Blackhall Street, Greenock.  The Panel noted that objections to the application were received from \Stewarts Amusements and D & D Amusements, James Hendry & Co (Jewellers) Ltd and R C Smith & Co Ltd.  The Panel heard Mr Henderson, QC for Mr D Stewart, licenceholder of Stewarts Amusements, 21 West Stewart Street, Greenock and D & D Amusements, 14 Westburn Street, Greenock who had objected to the application and Mr Gordon, agent and the applicant in support of the application.

After the hearing of submissions, the meeting was adjourned at 4.30pm to allow the Panel to consider the matter in private.  Thereafter the meeting was reconvened at 4.50pm and the public were re-admitted.

Decided:  that the application for a Public Entertainment Licence, Permit for Amusement with Prizes Machines and Permit for Commercial Provision of Amusement with Prizes Machines be refused. 

Following intimation of the decision the applicant requested a Statement of Reasons for the decisions and the request was accepted and remitted to the Director of Legal & Support Services.

17

Public Processions

17

There was submitted a report dated 7 January 2002 by the Director of Legal & Support Services setting out the existing arrangements for the control of public processions inherited from the former Strathclyde Regional Council, reviewing these arrangements and recommending that the Panel consider making an Order under Section 62 of the Civic Government (Scotland) Act 1982 to include (a) revised standard conditions accompanying the Council's consent to a public procession and (b) a revised list of organisations considered suitable to be exempt from the full requirements of the Civic Government (Scotland) Act 1982 regarding the holding of such processions.

In considering the report the Panel noted that the existing period for response by a Member when consulted about a proposal in normal circumstances was and was to remain 7, not 14 days.

Decided:  that an Order be made in the following terms, namely

“THE INVERCLYDE COUNCIL, incorporated under the Local Government etc (Scotland) Act 1994, RESOLVE to make as they HEREBY MAKE an Order under Section 62 of the Civic Government (Scotland) Act 1982 relating to the notification of and conditions imposed on the holding of public processions, all as detailed in a copy of the Order forming a supplement to the principal minute hereof” and that the Director of Legal & Support Services be authorised to take all necessary action in connection therewith.

It was agreed in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 as amended that the public and press be excluded from the meeting during consideration of the following items of business on the grounds that the business involved the likely disclosure of exempt information as defined in the respective paragraphs of Part I of Schedule 7(A) of the Act as are set opposite each item.

Item

Paragraph(s)

Application for Taxi Driver's Licence - James Cummings

6

Procedure for the Surrender/Transfer of Taxi Licences

12

18

Application for Taxi Driver’s Licence - James Cummings

18

There was submitted a report dated 14 December 2001 by the Director of Legal & Support Services on an application for a Taxi Driver’s Licence by James Cummings following an objection by the Chief Constable that the applicant was not a fit and proper person to hold such a licence by virtue of his previous convictions.

Decided:  that the application be refused.

19

Procedure for the Surrender/Transfer of Taxi Licences

19

There was submitted a report dated 14 December 2001 by the Director of Legal & Support Services on the Council’s current policy and legal position in dealing with the surrender and grant of taxi licences following a remit from the meeting on 17 May 2001 (para 450).

Decided:  that the established Council policy of permitting the current holder of a taxi licence to surrender that licence to allow the grant of a new licence to a named third party be retained.