Minute
North Lanarkshire Council · 10 January 2023
Back to Regulatory Committee — 10 January 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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REGULATORY - 10 JANUARY 2023 48 Motherwell, 10 January 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillors Ballinger, Beveridge, Crichton, Docherty, Dunbar, Fisher, Robb, Thomas and Watson. CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Solicitor (Licensing) and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE Inspector Conn, Police Scotland. In respect of paragraph 2 – the Civic Licensing Standards Officer. APOLOGIES Councillors Baudo, Hughes, McVey and Shevlin. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. HEARINGS (1) STREET TRADERS LICENCE - COMPLAINT - M & D TOWN CAR WASH LIMITED 2. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted a complaint received from the Council's Civic Licensing Standards Officer, relative to Annas Konbus, T/A M & D Town Car Wash Limited. The Committee then heard the Civic Licensing Standards Officer outline the complaint, and Annas Konbus speak in respect of the complaint. Thereafter, Annas Konbus, the Civic Licensing Standards Officer and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Annas Konbus, the Civic Licensing Standards Officer and the representative of Police Scotland were then re-admitted to the meeting.
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REGULATORY - 10 JANUARY 2023 49 The Committee, having determined that the complaint by the Civic Licensing Standards Officer, relative to M & D Town Car Wash Limited, be upheld, then heard Annas Konbus in mitigation. Thereafter, Annas Konbus, the Civic Licensing Standards Officer and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Annas Konbus, the Civic Licensing Standards Officer and the representative of Police Scotland were then re-admitted to the meeting. Decided: that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, the complaint by the Civic Licensing Standards Officer, relative to M & D Town Car Wash Limited, firstly be upheld, and secondly that the Street Trader's Licence be suspended, with immediate effect, for a period of six weeks. (2) STREET TRADER'S LICENCE (EMPLOYEE) - NEW APPLICATION - MARK SPEIRS 3. There was submitted (1) an application by Mark Speirs for a Street Trader's Licence (Employee), and (2) an objection to the application received from the Chief Constable, Police Scotland. The Committee then heard Inspector Conn outline the Chief Constable's objection to the application, and Mark Speirs speak in support of the application. Thereafter, Mark Speirs and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Mark Speirs and the representative of Police Scotland were then re-admitted to the meeting. Decided: that the application by Mark Speirs for a Street Trader's Licence (Employee) be granted. (3) PRIVATE HIRE DRIVER'S LICENCE AND PRIVATE HIRE CAR OPERATOR LICENCE - COMPLAINT - MIROSLAW SUPRUN 4. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted a complaint received from the Chief Constable, Police Scotland, relative to Miroslaw Suprun, who currently held a Private Hire Driver's Licence and a Private Hire Car Operator Licence. The Committee then heard Inspector Conn outline the Chief Constable's complaint, and Miroslaw Suprun speak in respect of the complaint. Thereafter, Miroslaw Suprun and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Miroslaw Suprun and the representative of Police Scotland were then re-admitted to the meeting. Councillor Watson, seconded by Councillor Dunbar, moved that the complaint received from the Chief Constable, relative to Miroslaw Suprun, in respect of his Private Hire Driver's Licence and his Private Hire Car Operator Licence be not upheld. Councillor Robb, seconded by Councillor Crichton, moved, as an amendment, that the complaint received from the Chief Constable, relative to Miroslaw Suprun, in respect of his Private Hire Driver's Licence and his Private Hire Car Operator Licence be upheld. On a vote being taken, 4 Members voted for the amendment, and 6 Members voted for the motion, which was accordingly declared carried.
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REGULATORY - 10 JANUARY 2023 50 Decided: that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, the complaint by the Chief Constable, relative to Miroslaw Suprun, in respect of his Private Hire Driver's Licence and his Private Hire Car Operator Licence be not upheld. (4) PRIVATE HIRE DRIVER'S LICENCE - RENEWAL - STUART CAIRNS 5. There was submitted (1) an application received from Stuart Cairns for the renewal of his Private Hire Driver's Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. The Committee then heard the Solicitor (Licensing) advise that, for the reasons narrated, that consideration of the application required to be continued until 24 January 2023. The Committee then heard Inspector Conn advise that, given the circumstances, he had no objection to consideration of the application being continued until 24 January 2023. Decided: that consideration of the application by Stuart Cairns for the renewal of his Private Hire Driver's Licence be continued until 24 January 2023.