189

 

 

GENERAL PURPOSES BOARD - 13 JUNE 2007

_______________________________________________________________________

 

General Purposes Board

 

 

 

 

 

Wednesday 13 June 2007 at 3.30 pm

 

 

 

 

 

Present:  Councillors Ahlfeld, Brooks, Dorrian, Fyfe, Grieve, MacLeod, McCallum, McIlwee, McKenzie and Rebecchi.

 

 

 

 

 

Chair:  Councillor Ahlfeld presided.

 

 

 

 

 

Apologies:  Councillor Moran.

 

 

 

 

 

In attendance:  Mr G Douglas (for Head of Legal and Administration).

 

 

 

 

 

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

 

 

 

 

406

Application for Taxi Licence: Mr Robert McIntyre

406

 

 

 

 

There was submitted a report by the Head of Legal and Administration advising that Mr McIntyre had omitted to make timeous application for his licence to be renewed before it expired but it had been dealt with using the procedure for the exercise of powers delegated to the Chief Executive for use between Committees and it had been agreed to authorise the grant of a Taxi Licence to Mr McIntyre.

 

 

Noted

 

 

 

 

407

Application for Taxi Licence: Mr Joseph Phillips

407

 

 

 

 

There was submitted a report by the Head of Legal and Administration advising that Mr Phillips had omitted to make timeous application for his licence to be renewed before it expired but it had been dealt with using the procedure for the exercise of powers delegated to the Chief Executive for use between Committees and it had been agreed to authorise the grant of a Taxi Licence to Mr Phillips.

 

 

Noted

 

 

 

 

408

Civic Government (Scotland) Act 1982

408

 

Reformed Procedure for Management of Public Processions

 

 

 

 

 

There was submitted a report by the Head of Legal and Administration advising the Board of the changes in the legislation within the Civic Government (Scotland) Act 1982 relating to the local authority’s responsibility for the administration and management of public processions.

 

 

Decided:  that delegated authority be granted to the Head of Legal and Administration in accordance with the recommendations:

 

 

(a)                                                                                                   to deal with all applications for consent to hold a public procession;

 

 

(b)                                                                                                   to determine the appropriate procedure for consulting on a proposed public procession (taking due account of whether or not the organisation applying for consent was, or would have been, previously on the local authority’s list of exempt organisations);

 

 

(c)                                                                                                   to waive the minimum statutory period of 28 days in appropriate circumstances and to issue an order waiving the requirement for that period of notice under Section 62(4) of the Civic Government (Scotland) Act 1982 where appropriate;

 

 

(d)                                                                                                   to consult in any appropriate case (taking account of the factors set out in paragraph 5.5 of the report) with all Elected Members through whose Ward(s) the route of a public procession is planned as in the previous procedure;

 

 

(e)                                                                                                   to continue to use, in the meantime, the existing standard conditions in granting consent to a public procession but to review with the Chief Constable, Strathclyde Police those standard conditions;

 

 

(f)                                                                                                    in response to the guidance encouraging wider community involvement and consultation to provide details of a procession in any appropriate case for publication through the Council’s website, libraries and affected Community Councils; and

 

 

(g)                                                                                                   to grant consent on behalf of the local authority for all public processions where no objection or representation has been lodged subject to the standard conditions and where an objection or representation has been received and not withdrawn to call a meeting of the Board following consultation with the Chair, Vice-Chair and Members to hold a hearing to determine the application.

 

 

 

 

409

Application for Street Trader’s Licence: James Hagen

409

 

 

 

 

Councillor Ahlfeld declared a non-financial interest by virtue of personal acquaintance with the applicant and left the meeting.

 

 

Councillor McKenzie presided in his stead.

 

 

There was submitted a report by the Head of Legal and Administration on an application for a Street Trader’s Licence by Mr James Hagen.  The Board heard Mr Hagen in support of his application and Mr David Greenslade of Environmental Services (Roads) in support of his recommendation that the licence be granted for one year only instead of the customary three years with the position to be reviewed annually.

 

 

Decided:  that the application be granted for an initial period of one year only, the position thereafter to be reviewed annually up to a maximum of 3 years at no additional cost to the applicant.

 

 

 

 

 

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 on the grounds that the business involved the likely disclosure of exempt information as defined in Paragraph 6 of Part I of Schedule 7(A) of the Act.

 

 

 

 

410

Application for Licence for House in Multiple Occupation

410

 

Iona Properties, Flat 0/2, 7 Caddlehill Street, Greenock

 

 

 

 

 

Councillor McIlwee declared a non-financial interest by virtue of personal acquaintance with one of the objectors and left the meeting.

 

 

Councillor Ahlfeld had previously declared a non-financial interest by virtue of personal acquaintance with the applicant’s representative and was not present for this item.

 

 

There was submitted a report by the Head of Legal and Administration on an application for the grant of a licence to operate a House in Multiple Occupation (HMO) following receipt of objections.  The Board heard Mr Pol Stewart in support of the application and Mrs Janice Wright and Ms Jennifer Fairhurst, two of the objectors.

 

 

Decided:  that the application be refused.

 

 

 

 

 

Councillors Ahlfeld and McIlwee returned to the meeting.

 

 

Councillor Ahlfeld resumed presiding.

 


 

411

Application for Street Trader’s Licence: Mr Duncan Lever Rodgers

411

 

 

 

 

There was submitted a report by the Head of Legal and Administration on an application for a Street Trader’s Licence by Mr Duncan Lever Rodgers following an objection by the Chief Constable on the grounds that the applicant was not a fit and proper person to hold such a licence by virtue of his previous convictions.  The Board heard Superintendent Stewart and Mr Rodgers.

 

 

Councillor McIlwee moved to grant the application for 1 year.  As an amendment Councillor McKenzie moved to refuse the application.  On a vote 3 Members voted for the amendment and 7 for the motion which was declared carried.

 

 

Decided:  that the application be granted for 1 year.

 

 

 

 

412

Application for Taxi Driver’s Licence: Ross James MacBean

412

 

 

 

 

There was submitted a report by the Head of Legal and Administration on an application for a Taxi Driver’s Licence by Mr Ross James MacBean following an objection by the Chief Constable on the grounds 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.

 

 

 

 

413

Application for Taxi Driver’s Licence: Mr Robert Wallace

413

 

 

 

 

There was submitted a report by the Head of Legal and Administration on an application for a Taxi Driver’s Licence by Mr Robert Wallace following an objection by the Chief Constable on the grounds that the applicant was not a fit and proper person to hold such a licence by virtue of his previous convictions.

 

 

The Board heard Superintendent Stewart and Mr Wallace.

 

 

Decided:  that the application be refused.

 

 

 

 

414

Application for Taxi Driver’s Licence: Mr Neil Docherty

414

 

 

 

 

There was submitted a report by the Head of Legal and Administration on an application for a Taxi Driver’s Licence by Mr Neil Docherty following an adverse medical report from the Council’s Medical Adviser.

 

 

Decided:  that delegated authority be granted to the Head of Legal and Administration to grant the licence if a satisfactory medical report by the applicant’s General Practitioner is submitted to the Council’s Medical Adviser no later than 22 July 2007, failing which to refuse the licence.

 

 

 

 

415

Civic Government (Scotland) Act 1982

415

 

Application for Taxi Licence: Mr Paul McDermott

 

 

 

 

 

There was submitted a report by the Head of Legal and Administration on an application for a Taxi Licence following an objection by the Taxi Owners’ Association.  The Board heard Mr McDermott in support of his application.

 

 

Decided:  that the application be granted.

 

 

GP - 13 JUN 07