Agenda and minutes

An apology for absence was received from Councillor Audrey Forrest.

There were no declarations of interest.

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 video call and joined the meeting by Microsoft Teams.  Police Scotland opted to proceed by way of audio call and Sergeant David Holmes joined the meeting by telephone.

The Chair outlined the procedure that would be followed and invited the Applicant to speak in support of his application.

APPLICANT

Mr Plumb said that he had moved up from England 12 months ago and was looking to improve his lifestyle and mental health.  He advised that it had been a dream of his from 16 years old, to work in a catering van.  He said that he had seen a gap in the market and that he was really passionate about doing this and had everything set up and ready to go.

POLICE SCOTLAND

Sergeant Holmes referred to a letter dated 18 October 2022 from the Divisional Commander which advised that the Chief Constable objected to this application on the grounds that the Applicant was not a fit and proper person to be the holder of a licence by virtue of a conviction dated 12 February 2020 which related to assault occasioning actual bodily harm.

MEMBERS’ QUESTIONS

Councillor Kain asked Mr Plumb to outline what the assault related to.  Mr Plumb advised that he and a friend went to Wales for a night out and water sports.  A friend of his friend also came along on the night out and that he did not know him at this point.  He advised that they went out for a meal and a couple of beers and then on to a night club.  At closing time they came out of the club and he saw 20 to 30 people, mainly girls, having a squabble and scuffle.  He said that after 2 or 3 minutes he realised that the person that had come out with him and his friend was in a fight.  He said he did not go near the fight.  He advised that the boy his friend’s friend was fighting with came towards him with his arms open and that he had taken this as a threat and threw a punch.  He said that the Police arrived and he admitted to what had happened.

Councillor Kain commented on the conviction being extreme for one punch.  He asked Mr Plumb if there were other charges.  Mr Plumb advised that due to the person having the fight first being a friend of his friend, and as he had fought with the same person, his offence was put together with what the other person was charged with.  He advised that in the Court they were charged with the same thing.  He said it was classed as if they had both fought at the same time but it had not been like that.

Councillor Armour asked Mr Plumb why he had not declared his conviction on his application form when it clearly stated that all convictions should be declared.  Mr Plumb said it had been an honest mistake and that he had nothing to hide.  He advised that when the incident happened he was the first person to hold his hand up and admit fault.  He referred to going through the application with his mum and girlfriend and that they had thought that as the suspended sentence had been done there was no need to declare it.

Councillor Armour referred again to the application form clearly stating that all criminal convictions should be stated.  Mr Plumb said he could only apologise for not reading the application properly, or misinterpreting it.  He said he was not trying to get away with anything and that it was just a mistake.

Councillor Brown referred to part 5 of the application which referred to the ownership of land where the burger van would be sited.  She noted that Mr Plumb had indicated he was not the owner of the land.  She sought and received confirmation from Mr Plumb that he had received permission from the land owner via an email.  Mr Plumb advised that he had forwarded this email 2 or 3 months back confirming he had permission.

Councillor Brown sought and received confirmation from Mr Plumb that he had his Food Hygiene certificate from Environmental Health.  He advised that there was another couple of courses he would like to do to improve things and that he also had the experience of working in catering vans for 3 or 4 years.

Councillor Brown asked Mr Plumb what days and times he would operate as this detail was not filled out on the application form.  Mr Plumb said he was not sure yet and that he needed to work out when the best times would be for business.  He said he was thinking about working Thursdays – Sundays from 8 am.  He hoped to provide for tourists as well as locals.

Councillor Brown asked Mr Plumb if the disposal of a suspended prison sentence for 48 weeks and compensation of £1,000 was just for him or if the other person got the same.  Mr Plumb said the other person got a longer suspended sentence of a few more weeks.  He did not receive a fine as he was on benefits and that he was given community service.

Councillor Kennedy sought and received confirmation from Mr Plumb that the victim was not hospitalised at the time of the incident.  Mr Plumb advised that if he remembered correctly, the victim got 4 stitches the day after.

Councillor Kennedy asked Mr Plumb how long before the conviction the offence occurred.  Mr Plumb said the offence was in 2019 just before Covid.  He said that everything was adjourned 3 or 4 times.  He advised that he had pled guilty  ...  view the full minutes text for item 3.