STIRLING COUNCIL
MINUTES of MEETING of the PLANNING & REGULATION PANEL held in the COUNCIL
CHAMBERS, OLD VIEWFORTH, STIRLING on TUESDAY 26 JUNE 2018 at
10.00 am
Present
Councillor Alasdair MacPHERSON (in the Chair)
Councillor Maureen BENNISON
Councillor Neil BENNY
Councillor Alistair BERRILL
Councillor Douglas DODDS
Councillor Graham LAMBIE
Councillor Jeremy MCDONALD
Councillor Susan McGILL
In Attendance
Jane Brooks-Burnett, Senior Planning Officer
Shona Campbell, Licensing Paralegal
Jay Dawson, Principal Planning Officer
Lyndsay Fyfe, Licensing Paralegal
Angela McGibbon, Traffic Management Officer
Mary Love, Committee Officer (Minute)
Martin Reilly, Licensing Paralegal
Keir Stevenson, Place Development Manager
Iain Strachan, Chief Officer – Governance (Clerk)
Also Present
Sgt Claire MacKenzie, Police Scotland
PC Gordon Hutchison, Police Scotland
PL130 APOLOGIES AND SUBSTITUTIONS
Apologies were received from Councillor Chris Kane.
Councillor Evelyn Tweed also submitted apologies, with Councillor Susan McGill in attendance as her substitute.
PL131 DECLARATIONS OF INTEREST
There were no declarations of interest.
PL132 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR
There were no items of urgent business brought forward.
PL133 MINUTES – PLANNING & REGULATION PANEL 1 MAY 2018
The Minutes of the Planning & Regulation Panel held on 1 May 2018 were submitted for approval.
Decision
The Panel agreed to approve the Minutes of Meeting held on 1 May 2018 as an
accurate record of proceedings.
PL134 REDEVELOPMENT OF EXISTING HMP YOI CORNTON VALE TO FORM NATIONAL FACILITY, INCLUDING DEMOLITION OF EXISTINGPROVISION OF NEW ACCESS, CAR PARKING, BOUNDARYAND SITE LANDSCAPING AT CORNTON VALE PRISON,
CORNTON ROAD, CORNTON, STIRLING, FK9 5NU - SCOTTISH PRISON
SERVICE ON BEHALF OF SCOTTISH MINISTERS - 18/00175/PPP
Planning Permission in Principle was sought from the Planning and Regulation Panel by the Scottish Prison Service to the redevelopment of the existing prison site to form a Women’s National Facility.
The application was a major planning application under the terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009.
The report formed the Report of Handling for the planning application in compliance with the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.
The Senior Planning Officer introduced the report, which provided details of (a) the site; (b) the proposal and (c) consultations and responded to a number of questions from the Panel. In response to a particular question from the Panel, the Senior Planning Officer confirmed that the current 20mph speed limit located near the proposed site would not change. Completion of a Road Safety Audit was also included within the conditions, along with completion of a Construction Management Plan for each phase of the development.
The Panel noted the potential loss of the independent living units, which were to be demolished, and were suggested as being suitable for social rented housing. The Senior Planning Officer replied that the units, which were owned and run by the Scottish Prison Service, would not have been beneficial to retain for re-development. The hub and entrance of the proposed new development was more public focused than the current layout and had been very carefully designed for those who would be coming in for assessment for the first time and would provide visibility for them to see where they would be moving to, resulting in reducing stress for those in attendance.
Decision
The Panel approved the application subject to the conditions set out in Appendix 1 to the report.
(Reference: Report by Senior Manager Infrastructure, dated 1 June 2018, submitted). In terms of Standing Order 39, the Panel adjourned at 10.20am for a comfort break.
The meeting reconvened at 10.25am with the same Members present.
PL135 TEMPORARY PUBLIC ENTERTAINMENT LICENCE - RUNRIG CONCERTS
The report sought a decision from the Planning & Regulation Panel with regards to an application for a Temporary Public Entertainment licence submitted by LCC Live Event Services Ltd for Runrig’s “Last Dance” concerts within City Park, Falleninch Farm, Stirling between Thursday 16 August and Sunday 19 August 2018.
The Licensing Officer introduced the report and highlighted that LCC Events had confirmed the event would be commencing on Friday 17 August. It was expected that twenty thousand would attend the event on the Friday and twenty five thousand on the Saturday.
LCC Events would be responsible for the clear-up process and discussions had taken place with David Leitch, Waste Services to ensure adequate services were in place for the surrounding area. It was estimated that the event would bring £7.25m to the local economy. LCC events would also be providing an impact assessment post event.
The Traffic Management Officer provided an update on extensive traffic measures in place for the event, which were based on measures taken for Armed Forces Day, and had been approved by Transport Scotland. Advance traffic signage would be in place fourteen days prior to the event. In response to a comment from the Panel regarding ‘next exit’ signage, the Traffic Management Officer noted that proposals had been approved but this could be taken on board.
Applicant
Les Kidger, Director and Bob Reid, Operations Manager, LCC Events were in
attendance in support of the application. Mr Kidger provided a comprehensive
overview of all the measures in place for the event. Cleaning teams would be in place on the Monday prior to the event until the Wednesday following the event. It was noted that a large percentage of tickets were sold abroad. Mr Kidger went on to explain security, police and medical plans in place for the event. LCC explained there would be fireworks on the Saturday evening.
Mr Kidger responded to questions from the Panel.
Decision
The Panel agreed to grant the Temporary Public Entertainment Licence subject to all relevant conditions being met by the organiser to the satisfaction of the Chief Governance Officer and all relevant documents being supplied.
(Reference: Report by Chief Governance Officer, dated 18 June 2018, submitted). In terms of Standing Order 39, the Panel adjourned at 10.55am for a comfort break. The meeting reconvened at 11.05am with the same Members present.
The Panel resolved that under Section 50A (4) of the Local Government (Scotland) Act
1973, the public be excluded from the Meeting for the following item of business on the
grounds that it involved the disclosure of exempt information as defined in Paragraphs
6 & 13 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.
PL136 TAXI DRIVER RENEWAL APPLICATION
The report sought a decision from the Planning & Regulation Panel with regards to the renewal application for a Taxi Driver’s Licence and how the Panel wished this to proceed.
At its meeting on 12 December 2017, the Panel agreed to grant a 6 month renewal of the applicant’s application for a Taxi Driver’s Licence, subject to a good behaviour condition and a report to be brought back to a future meeting of the Panel.
The Chief Officer, Governance explained the process on how the meeting would be conducted.
The Licensing Officer confirmed that no complaints had been received from Police Scotland or any other party regarding the applicant in the six months since the applicant’s taxi driver’s licence had been granted.
Police Scotland stated their position, and confirmed that the applicant had not been convicted of any offence within the period of six months since the licence was granted, therefore Police Scotland had no objections to the taxi driver’s licence being granted to the applicant.
The applicant was in attendance and accompanied by the taxi operator they were employed by.
In response to a question from the Chair, the applicant confirmed they had received a fair hearing and added that they had completed their community service twelve weeks ahead of schedule.
Decision
The Panel agreed to grant the renewal application of the licence holder’s taxi driver’s licence until the expiry date of 31 July 2019.
(Reference: Report by Chief Governance Officer, dated 18 June 2018, submitted).
PL137 TAXI DRIVER RENEWAL APPLICATION
The report sought a decision from the Planning & Regulation Panel with regards to extending the licence for the unexpired portion (until 31 December 2018), due to the licence holder being of 6 months good behaviour, of a Taxi Driver’s Licence and how the Panel wished this to proceed.
At its meeting on 5 December 2017, the Panel agreed to grant the application for a taxi driver’s licence for a period of 6 months with immediate effect, with an added good behaviour condition and a report to be brought back to a future meeting of the Panel.
The Chief Officer, Governance explained the process on how the meeting would be conducted.
The Licensing Officer confirmed that no complaints had been received from Police Scotland or any other party regarding the applicant in the six months since the applicant’s taxi driver’s licence had been granted.
Police Scotland stated their position, and confirmed that the applicant had not been convicted of any offence within the period of six months since the licence was granted, therefore Police Scotland had no objections to the taxi driver’s licence being granted to the applicant.
The applicant was in attendance and accompanied by the taxi operator they were employed by.
In response to a question from the Chair, the applicant confirmed they had received a fair hearing and had nothing to add.
There were no questions from the Panel.
Decision
The Panel agreed to grant the remaining portion of the grant application of the licence holder’staxi driver’s licence until the expiry date of 31 December 2018.
(Reference: Report by Chief Governance Officer, dated 1 June 2018, submitted).
The report advised the Planning and Regulation Panel on circumstances relating to the hearing which would determine the outcome of the applicant’s taxi driver’s licence application.
The Clerk advised that he would not explain the process on how the meeting would be conducted, given that neither the applicant nor a representative were in attendance.
The Licensing Officer provided an overview of the report and noted concerns raised that the applicant had not declared all of his convictions when applying for a taxi driver’s licence. Despite two letters being sent to the applicant, no response had been received.
Police Scotland provided a brief overview of the applicant’s convictions, and re-iterated that some of them were not declared on the taxi driver’s application form. Police Scotland therefore objected to the granting of such a licence in terms of Section 3(1) of the Civic Government (Scotland) Act 1982.
There were no questions from the Panel.
Decision
The Panel agreed to refuse the applicant’s taxi driver’s licence application under Section 5(3) of the Civic Government (Scotland) Act 1982. The Panel took this decision because Police Scotland had raised concerns, which related to incidents which took place between December 2011 and May 2018 and were reported to Police Scotland, which were a material consideration for the Panel. In particular, the Panel felt that the incidents demonstrated that the licence holder might be a serious threat to public safety and be unable to conduct himself in a suitable manner in situations a taxi
driver might find themselves in, in particular as a road user, and as a consequence was not a fit and proper person to hold a taxi driver’s licence.
(Reference: Report by the Chief Governance Officer, dated 1 June 2018, submitted).
The report advised the Planning and Regulation Panel on circumstances relating to the immediate suspension of the licence holder’s taxi driver’s licence and provided detail on the options available to the Panel.
The Chief Officer, Governance explained the process on how the meeting would be conducted.
The Licensing Officer introduced the report and provided details of the reason for the suspension of the licence holder’s taxi driver’s licence.
Police Scotland provided the Panel with an overview of the incidents involving the licence holder and a current update on matters. It was noted that there were ongoing criminal proceedings. Police Scotland responded to questions from the Panel.
The licence holder advised the Panel that they had copies of a letter from their solicitor which they wished to circulate to the Panel for reading.
The meeting adjourned at 11.29 am for a temporary period to allow the Panel to read the letter from the licence holder’s solicitor.
The meeting reconvened at 11.33 am with the same members present.
Police Scotland clarified details within the solicitor’s letter and responded to questions from the Panel.
In response to a question from the Chair, the licence holder confirmed that they had received a fair hearing.
Motion
“That the Panel agrees:-
to suspend the licence holder’s taxi driver’s licence under Paragraph 12(1), Schedule 1 of the Civic Government (Scotland) Act 1982, this being with immediate effect, for the unexpired portion of its duration, with the matter being brought back before the Panel when the court proceedings in respect of the incidents in question are concluded. The reason for this was because Police Scotland had raised concerns, which related to the said incidents, which took place between February 2018 and May 2018 and were reported to Police Scotland, which were a material consideration for the Panel. In particular, the incident demonstrated that the licence holder might be a
serious threat to public safety and be unable to conduct himself in a suitable manner in situations a taxi driver might find themselves in, and as a consequence was not a fit and proper person to hold a taxi driver’s licence.”
Proposed by Councillor Neil Benny, seconded by Councillor Douglas Dodds.
Amendment
“That the Panel agrees:-
“to lift the suspension of the licence holder’s taxi driver’s licence and attach a good behaviour condition until the outcome of the court process associated with this matter.”
Proposed by Councillor Susan McGill, seconded by Councillor Alasdair MacPherson.
On the roll being called, the Members present voted as follows:-
For the Amendment (2) Councillor Alasdair MacPherson
Councillor Susan McGill
Against the Amendment (6) Councillor Maureen Bennison
Councillor Neil Benny
Councillor Alistair Berrill
Councillor Douglas Dodds
Councillor Graham Lambie
Councillor Jeremy McDonald
The Amendment fell by 6 votes to 2.
For the Motion (6) Councillor Maureen Bennison
Councillor Neil Benny
Councillor Alistair Berrill
Councillor Douglas Dodds
Councillor Graham Lambie
Councillor Jeremy McDonald
Against the Motion (2) Councillor Alasdair MacPherson
Councillor Susan McGill
Decision
The Motion was carried by 6 votes to 2 and accordingly the Panel agreed to suspend the licence holder’s taxi driver’s licence under Paragraph 12(1), Schedule 1 of the Civic Government (Scotland) Act 1982, this being with immediate effect, for the unexpired portion of its duration, with the matter being brought back before the Panel when the court proceedings in respect of the incidents in question are concluded. The Panel took this decision because Police Scotland had raised concerns, which related to the said incidents, which took place between February 2018 and May 2018 and were reported to Police Scotland, which were a material consideration for the Panel. In particular, the Panel felt that the incident demonstrated that the licence holder might
be a serious threat to public safety and be unable to conduct himself in a suitable manner in situations a taxi driver might find themselves in, and as a consequence was not a fit and proper person to hold a taxi driver’s licence.
(Reference: Report by Chief Governance Officer, dated 15 June 2018, submitted).
PL140 TEMPORARY PUBLIC ENTERTAINMENT LICENCE – STUNTS UK
The report sought a decision from Planning & Regulation Panel with regards to an application for a Temporary Public Entertainment Licence submitted by Stunts UK Limited for ‘Scott May’s Daredevil Stunt Show’ at Caledonian Auction Mart, Millhall Road, Stirling, FK7 7LS on Saturday 30 June 2018.
The Licensing Officer outlined the report and advised that the applicant was not in attendance to today’s meeting.
A letter of representation was received by Police Scotland, which noted that that applicant had an unspent conviction in relation to a previous stunt carried out. The Licensing Officer advised the Panel that the applicant no longer performed the particular stunt mentioned within the letter from Police Scotland and that Environmental Health and the Fire Service were satisfied with the applicant’s health and safety document presented, along with other letters of representation. It was noted that Environmental Health would inspect the proposed site, should the applicant’s application for a Temporary Public Entertainment Licence be granted.
It was noted that posters advertising the event were already in situ with Stirling and it was agreed that the Licensing Officer would contact the applicant to advise that all advertising materials should be removed as soon as possible.
Decision
The Panel agreed to grant the Temporary Public Entertainment Licence subject to all relevant conditions being met by the organiser to the satisfaction of the Chief Governance Officer and all relevant documents being supplied.
(Reference: Report by Chief Governance Officer, dated 15 June 2018, submitted).
The Chair declared the Meeting closed at 11.50 am