Scottish Borders Council

Agenda and minutes

Venue: Committee Rooms 2 and 3, Council Headquarters, Newtown St Boswells

Items
No. Item

1.

Minute pdf icon PDF 63 KB

Minute of Meeting held on 14 December 2018 to be approved and signed by the Chairman.  (Copy attached.)

Minutes:

1.0       Minute

The Minute of the Meeting of 14 December 2018 had been circulated.

 

DECISION

APPROVED and signed by the Chairman.

2.

Licences issued under Delegated Powers pdf icon PDF 58 KB

(Copy attached.)

Minutes:

2.0       Licences issued under Delegated Powers

There had been circulated copies of the Civic Government and Miscellaneous Licences issued under delegated powers between 5 December 2018 to 8 January 2019.

 

DECISION 

NOTED.

 

3.

Items Likely to be Taken in Private

Before proceeding with the private business, the following motion should be approved:

 

“That under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be exclude from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 14 of Part 1 of Schedule 7A to the aforementioned Act.”

Minutes:

3.0       Private BUSINESS

               DECISION

AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix to this Minute on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 12  of part 1 of Schedule 7A to the Act.

 

 

SUMMARY OF PRIVATE BUSINESS

 

DECLARATION OF INTEREST

Councillor Tatler declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

 

4.0       LICENSING OF SECOND HAND DEALERS

There had been circulated copies of an application for the Grant of a Second Hand Dealer Licence together with a letter of representation dated 19 December 2018 from Police Scotland. The representation highlighted that a conviction which it was considered relevant to the licensable activity had not been declared on the application.  The applicant was present at the meeting.  After hearing both parties, the Committee agreed to Grant the Second Hand Dealer Licence.   

 

 

5.0       CONTINUATION OF SUSPENSION OF TAXI DRIVER LICENCE

With reference to paragraph 5 of the Private Minute of 14 December 2018, there had been circulated copies of letters from Police Scotland dated 13 and 23 November 2018, requesting immediate suspension of a Taxi Drivers Licence in terms paragraph 12(1) of Schedule 1 of the Civic Government (Scotland) Act 1982 and in terms of paragraph 11(2)(a) and/or (2)(c) of Schedule 1 of the same Act. It was submitted that due to ongoing matters raising concerns regarding public safety, the licence holder was not a fit and proper person to hold the licence.  The licence holder and his partner were present.  The Committee agreed to continue the suspension until evidence of the current position as stated by the licence holder at the hearing was received.  It was further agreed that those matters could be dealt with by delegated powers if the Committee’s requirements were satisfied otherwise to be referred to a future meeting.

 

6.0       CONTINUATION OF SUSPENSION OF TAXI DRIVER LICENCE

There had been circulated copies of a letter from Police Scotland dated 24 December 2018, requesting immediate suspension of a Taxi Drivers Licence in terms of paragraph 12(1) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the grounds of public safety.  There had also been circulated copies of a supporting submission dated 14 January 2019 from the licence holder’s solicitor.  The Licence Holder was present.  After hearing from both parties, the Committee agreed that the Taxi Driver Licence be reinstated with immediate effect.

 

7.0       RENEWAL OF TAXI DRIVER LICENCE

There had been circulated copies of an application for the renewal of a Taxi Driver Licence together with a letter of objection from Police Scotland detailing an incident resulting in pending criminal charges against the applicant.  The applicant was present and after hearing from both parties the Committee agreed that the renewal of  the Taxi Driver Licence application be refused.              

                                                             

8.0       REVIEW DECISION TO  ...  view the full minutes text for item 3.

4.

Declarations of Interest

5.

Licensing of Second Hand Dealers

Hearing to consider Grant of Second Hand Dealer Licence.  (Copy application and letter of representation received from Police Scotland attached.)

 

6.

Continuation of suspension of Taxi Driver Licence

Hearing to consider continuation of suspension of Taxi Driver Licence (following delegated decision by Chief Legal Officer). (Copy request for suspension received from Police Scotland attached.) (Remitted from last meeting.)

 

7.

Continuation of suspension of Taxi Driver Licence

Hearing to consider continuation of suspension of Taxi Driver Licence (following delegated decision by Chief Legal Officer.) (Copy request for suspension received from Police Scotland attached.)

 

8.

Renewal of Taxi Driver Licence

Hearing to consider renewal of Taxi Driver Licence - (Copy application and objection received from Police Scotland attached.)

 

9.

Review Decision to revoke Taxi Driver Licence

Review previous decision to revoke Taxi Driver Licence. (Verbal update by Managing Solicitor - Property and Licensing.) (Copy letter from Police Scotland attached.)

 

10.

Declaration of Interest

11.

Licensing of Street Traders.

Hearing to consider request for  revocation of Street Trader Licence (following suspension at last meeting). (Copy request for revocation received from Police Scotland and supporting statement by licence holder attached.)

12.

Minute

Private section of Minute of Meeting held on 14 December 2018 to be approved and signed by the Chairman.  (Copy attached.)

 

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