Venue: By Microsoft Teams
Contact: Fiona McCallum Tel. No. 01546 604392
APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors Audrey Forrest, Daniel Hampsey, Paul Kennedy and Dougie Philand.
DECLARATIONS OF INTEREST
There were no declarations of interest.
The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the press and public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 3 and 14 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR GRANT OF A STREET TRADER LICENCE
Report by Head of Legal and Regulatory Support
The Chair welcomed everyone to the meeting. In line with recent legislation for Civic Government Hearings, the parties (and any representatives) were given the options for participating in the meeting today. The options available were by video call, by audio call or by written submission. For this hearing the Applicant opted to proceed by way of audio call and joined the meeting by telephone.
Police Scotland also opted to proceed by way of audio call and Sergeant David Holmes joined the meeting by telephone.
The Chair then outlined the procedure that would be followed and invited the Applicant to speak in support of his application.
The Applicant spoke in support of his application.
QUESTIONS FROM POLICE SCOTLAND
Sergeant Holmes was given the opportunity to ask the Applicant questions. He confirmed he had no questions.
Sergeant Holmes spoke in support of the Chief Constable’s objection.
QUESTIONS FROM APPLICANT
The Applicant was given the opportunity to ask Police Scotland questions.
The Members were given the opportunity to ask the Applicant and Police Scotland questions.
Sergeant Holmes advised that he had nothing further to add.
The Applicant advised that he had nothing further to add.
When asked, both parties confirmed that they had received a fair hearing.
The Members debated the application for a Street Trader Licence.
To agree to refuse the application for a Street Trader’s Licence on the grounds that the Applicant was not a fit and proper person to be the holder of the Licence.
Moved by Councillor Kieron Green, seconded by Councillor Graham Hardie.
To agree to continue consideration of this application until the conclusion of the pending court case on 9 October 2023 and to bring the matter back to the PPSL Committee on 18 October 2023.
Moved by Councillor John Armour, seconded by Councillor Gordon Blair
A vote was taken by calling the roll.
Councillor Green Councillor Armour
Councillor A Hampsey Councillor Blair
Councillor Hardie Councillor Brown
The Motion was carried by 8 votes to 3 and the Committee resolved accordingly.
The Committee agreed to refuse the application for grant of a Street Trader’s Licence on the grounds that the Applicant was not a fit and proper person to be the holder of the Licence and noted that the Applicant would receive written confirmation of this decision within 7 days.
(Reference: Report by Head of Legal and Regulatory Support, submitted)