SCOTTISH BORDERS COUNCIL CIVIC GOVERNMENT LICENSING COMMITTEE MINUTE of MEETING of the CIVIC GOVERNMENT LICENSING COMMITTEE held in COMMITTEE ROOMS 2/3, COUNCIL HQ, NEWTOWN ST BOSWELLS on Friday, 25 October 2013 at 11 a.m. Present:- Councillors W. Archibald (Chairman), J. Brown, G. Edgar, J Greenwell, B. Herd, G. Logan, D. Paterson, T. Weatherston, B. White. Apologies:- Councillors J. Campbell, R. Stewart. In attendance:- Legal and Licensing Services Manager, Licensing Team Leader, Democratic Services Officer (F. Henderson), Inspector M. Wynne, PC C. Lackenby, PC P. Robertson - Police Scotland. MINUTE 1. The Minute of the Meeting of 20 September 2013 had been circulated. APPROVED and signed by the Chairman. HEARING TO CONSIDER GRANT OF TAXI DRIVER S LICENCE A BALLANTYNE 2. With reference to paragraph 2 of the Private Minute of 21 June 2013, there had been recirculated copies of an application submitted by Mr Alan Ballantyne for the Grant of a Taxi Driver s Licence and a representation dated 24 May 2013 received from Police Scotland. The Legal and Licensing Services Manager explained that the matter had been continued at a hearing held on 21 June 2013 to allow for the outcome of pending criminal charges. She confirmed that Mr Ballantyne had been invited to attend the meeting and it was agreed to proceed in his absence. 3. Inspector Wynne reported that Mr Ballantyne had submitted an application for the renewal of a Taxi Driver s Licence to Scottish Borders Council on 1 May 2013 and had disclosed his convictions between September 1997 and October 2005. He further reported that Mr Ballantyne had also disclosed the fact that he had a case pending with Edinburgh JP Court under the Road Traffic Act 1988 Section 170(2) &(4) and Section 3. Inspector Wynne advised Members of the outcome of the pending charges to which Mr Ballantyne had pled guilty and been fined a total of 270 and his DVLA Driving Licence endorsed with 5 penalty points. 4. In view of Mr Ballantyne s previous convictions and his most recent conviction, Members unanimously agreed that Mr Ballantyne was not a fit and proper person to hold a Taxi Driver s Licence. REFUSED the application from Mr Ballantyne for the Grant of a Taxi Driver Licence. HEARING TO CONSIDER GRANT OF TAXI DRIVER S LICENCE A PIRIE 5. There had been circulated copies of an application submitted by Mr Alan Duncan Pirie for the grant of a Taxi Driver Licence and a letter of objection dated 1 October 2013 received from Police Scotland. The Legal and Licensing Services Manager confirmed that Mr Pirie had been invited to attend the meeting, however, he was not present. 6. Inspector Wynne reported that Mr Pirie had submitted an application for the grant of a Taxi Driver s Licence to Scottish Borders Council on 12 September 2013 and had declared his
previous convictions as required. Mr Pirie was interviewed by the Police and when asked about his previous convictions, he claimed that at the time of the offence he was going through a difficult period in his life as he had separated from his wife and had lost his job. He had entered a supermarket in West Linton and stolen four tins of cider, as he was drinking to excess at that time, although when asked, by the interviewing officer if he was dependent on drink, had stated that he was not. It was further reported by Inspector Wynne that Mr Pirie had also been charged with drink driving and driving without insurance in September 2011, however the Procurator Fiscal took no proceedings with the case. The Committee expressed their concern relating to the matters highlighted by Inspector Wynne and agreed that determination of the application be continued for personal appearance. CONTINUED for personal appearance to the next meeting. DECLARATION OF INTEREST Councillor Paterson declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the meeting during the discussion. HEARING TO CONSIDER GRANT OF TAXI DRIVER S LICENCE L MACHIN 7. There had been circulated copies of an application submitted by Mr Lee Machin for the grant of a Taxi Driver Licence and a letter of objection dated 25 September 2013 received from Police Scotland. Mr Machin was present at the meeting. 8. Inspector Wynne reported that Mr Machin had submitted an application for the grant of a Taxi Driver s Licence to Scottish Borders Council on 15 August 2013 and had declared a previous conviction of driving without insurance in Newcastle in February 2010. Mr Machin was interviewed by the Police on 18 September 2013 and when asked about his previous convictions between 1993 and 2010, listed in the appendix to the letter, he claimed to have no recollection of the offence of shoplifting, which he was convicted of on 20 August 1993 at North Tyneside District Magistrates Court. In relation to the conviction at Newcastle Upon Tyne District Magistrates on 27 March 2000, Mr Machin stated that he was residing in Newcastle and had been pressurised by others to commit the crime of handling stolen goods and obtaining goods by deception. Mr Machin was convicted at Jedburgh Sheriff Court on 8 October 2002 with urinating in a public place and in March 2006 was convicted at Selkirk District court with an offence contrary to the Vehicle Excise & registration Act 1994, which had involved him placing the wrong excise licence on a different vehicle which belonged to him. Mr Machin had stated during interview, that he had no recollection of the offences of Breach of the Peace and Vandalism for which he was convicted at Jedburgh Sheriff Court on 16 May 2006 and the Police report was referred to in which it stated that the incident had involved Mr Machin attending at the Job Centre in Hawick and on being refused an appointment had become irate, shouting and swearing and kicking a computer point as he left the premises. Mr Machin was convicted at Newcastle Upon Tyne District Court on 29 January 2010 for using a vehicle without third party insurance cover and was then given a conditional discharge at South East Northumberland Magistrates Court on 1 September 2010 for stealing paracetamol from Asda which he intended to take to self overdose. 9. On being invited by the Chairman to address the Committee, Mr Machin advised that the incident which involved him placing the wrong excise licence on a different vehicle which belonged to him came about as he had two cars of the same model and as he had been in a hurry, had placed the wrong disc on the vehicle. In relation to the incident in 2010, Mr Machin advised that he had been in a bad relationship at the time, which he had subsequently left. He had now turned his life around and he had a daughter and was preparing to be married in 2014. In response to questions from the Committee, Mr Machin explained that he had been employed as Assistant Manager for Farmfoods but lost his job in August 2013 following a disciplinary hearing. Mr Machin explained that a customer had given 10 at the till, but had returned 20 minutes later claiming that he had handed over a 20. Mr Machin had asked the customer to wait until the tills had been cashed up, Mr Machin had not found any extra money, although the customer had been adamant. Mr Machin had sought advice from his Area Manager, who had advised him to give the 10 to the customer, which
Mr Machin had done grudgingly. The customer had lodged a complaint against Mr Machin and as a result of that he had been dismissed. Mr Machin advised that should he be granted a taxi drivers licence he had been offered a job with a taxi firm in Hawick. Mr Machin went on to advise the Committee that he had left the country in 2006 with his then wife, but had returned following his divorce and had started over again with the help of counselling. Mr Machin advised that he had lost his father in 2006 after a serious illness and this may have accounted for the offence in the job centre. VOTE Councillor Weatherston, seconded by Councillor Logan, moved that Mr Machins application for the grant of a Taxi Drivers licence be refused. Councillor Herd, seconded by Councillor Edgar moved, as an amendment, that Mr Machin s application for a Taxi Driver s Licence be granted for 6 months and that a further hearing be held following that period. On a show of hands Members voted as follows:- Motion - 4 votes Amendment - 4 votes As there was an equality of votes, the Chairman exercised his casting vote in favour of the amendment. Accordingly, the amendment was carried. AGREED that the application for a Taxi Driver s Licence from Mr Machin be granted for six months with a requirement for him to attend a future Committee meeting on renewal. HEARING TO CONSIDER GRANT OF METAL DEALER LICENCE COLDSTREAM RECYCLING LIMITED 10. There had been circulated copies of an application and supporting photographs submitted by Coldstream Recycling Limited for a Metal Dealer Licence together with letters and photographs of objection. Mr Paul Brown and Mr Stephen Brown, Directors of Coldstream Recycling Limited were present at the meeting and were represented by Mr Alan Livingstone, Hastings & Co. Solicitors. None of the objectors were present. 11. On being invited by the Chairman to address the Committee, Mr Livingstone advised that the site in question had previously been occupied by Rutherford Engineering prior to Coldstream Recycling taking ownership and had therefore always been an industrial site. Messrs. Brown had previously had a metal dealers business at Mindrum and elsewhere in Coldstream but had moved to their current premises some 10 years previously. Mr Livingstone had submitted, prior to the meeting, updated photographs of the site. Mr Livingstone went onto advise that the large vehicles which the neighbours had objected to had arrived last summer during a particularly busy time for the company and had been very unsightly but had now been broken down and removed from the front of the site. It was the Company s intention that the front of the site would only be used for car parking and not for storing items to be crushed. The Committee questioned why a licence was being sought now when the business had been in operation for 10 years. Mr Brown explained that the site which was not owned by the applicant was to have been sold, however due to the economic crash there had been a period of limbo. Members raised concerns with regard to the semi demolished roof on the shed to the rear of the site and were advised that this would be replaced. AGREED to grant a Metal Dealer Licence to Coldstream Recycling Limited.
HEARING TO CONSIDER RENEWAL OF STREET TRADERS LICENCE MR BRUCE CONFREY 12. With reference to paragraph 1 of the Private Minute of 21 June 2013, there had been recirculated copies of an application dated 2 April 2013 submitted by Mr Bruce Confrey together with further information submitted by him in support of his application and a letter of objection dated 15 April 2013 from Police Scotland. There had also been circulated copies of a letter from Belmonte & Co, Solicitors dated 10 October 2013 and a letter from Mr Confrey dated 21 October 2013. Additionally, there had also been circulated, prior to the meeting, a copy of a letter from Chief Inspector Clark dated 24 October confirming the outcome of the pending criminal case which had been dealt with by the Court. Mr Confrey was present at the meeting. 13. In relation to the recent court case, Inspector Wynne advised that on 25 October 2012 at 12:35 hours, Mr Confrey had driven past three males in Glensax Road, Peebles. He had turned round and driven back towards them and stopped. He had alighted from his vehicle and approached one of the males in an aggressive manner, pointing at him and had said. Come on then intimating that he wanted to fight. The male was leaning against a fence with his hands in his pockets as Mr Confrey lunged at him with his fists up. The male was able to duck and no contact was made. A verbal altercation ensued and Mr Confrey punched the male, splitting his lip. Mr Confrey had then challenged the male to come to his house to sort the matter out as it should have been done before and apologised to him. Mr Confrey punched the male a second time and the male pushed him away and a physical struggle took place, during which Mr Confrey bit the males finger. Both males fell over a fence bordering the footpath. Another male tried to separate them and an elderly male with his granddaughter witnessed the incident. Police Officers came across the fight and intervened. Mr Confrey was detained by the Police Officers present and interviewed with regard to the incident, as were the three others and subsequently Mr Confrey was charged with Assault and making Criminal Threats. The case was heard on 23 October 2013 at Peebles Sheriff Court where Mr Confrey pleaded guilty to a Breach of the Peace, for which he was fined 400. He pleaded not guilty to a second charge of behaving in a threatening and abusive manner, which was accepted by the Court. Inspector Wynne further advised that while carrying out background checks it came to light that Mr Confrey had been convicted of speeding on 9 May 2013. The circumstances being that on 7 December 2012, Mr Confrey s vehicle which he used as part of the licensed activities was detected travelling at 60 m.p.h, the speed limit being 50 m.p.h for that type of vehicle. Mr Confrey as registered owner was written to and responded to the second letter identifying himself as the driver. He was issued with a conditional offer of fixed penalty in respect of the offence by post, to which he failed to respond. As a result the case was referred to Peebles JP Court where he was convicted and fined 120. Inspector Wynne advised that the Police had many concerns with regard to Mr Confrey s blatant disregard for traffic regulations. 14. On being invited by the Chairman to address the Committee, Mr Confrey explained that he had been in St Lucia for 6 months and therefore unable to respond to letters. Mr Confrey went onto explain that his mother, who was seriously ill had been about to catch a bus when an incident involving the male referred to previously had occurred and she had telephoned him very upset. Mr Confrey acknowledged that when he saw the males he should have carried on driving. Members expressed their concern in relation to the incident which they considered demonstrated Mr Confrey s inability to control his temper. They also considered his disregard for road traffic regulations as evidenced by the most recent road traffic conviction whilst driving his licensed vehicle. In concluding their deliberations Members took account of all the information presented by the Police in relation to previous convictions as well as Mr Confrey s written and verbal submissions. Having heard from both parties, they were of the opinion that they did not consider Mr Confrey to be a fit and proper person to continue to hold a Street Trader s Licence due to further convictions involving assault and road traffic offence. AGREED that the application from Mr Confrey for renewal of a Street Traders Licence be refused.
PRIVATE BUSINESS 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 14 of Part 1 of Schedule 7A to the aforementioned Act. SUMMARY OF PRIVATE BUSINESS Hearing to Consider Request for Suspension of Taxi Driver Licence S. Gibson 1. The Committee agreed not to uphold the suspension and Mr Gibson s Taxi Driver s Licence was reinstated with immediate effect. Minute 2. The Private section of the Minute of 20 September 2013 was approved. The meeting concluded at 12.30 p.m.