CLACKMANNANSHIRE COUNCIL

Report to Regulatory Committee

Date of Meeting: 06 August 2018

Subject: Revocation of Second Hand Dealer’s Licence

Report by: Regulatory Services Manager

1.0 Purpose

1.1. On 06 July 2018 the Service Manager Regulatory Services received information of complaint regarding Second Hand Dealer’s Licence SCH77 asking for the licence to be suspended.

1.2. The Committee is required to hold a hearing to determine whether to suspend Second Hand Dealer’s Licence SCH77 (expiry date 30 April 2020) with immediate effect.

2.0 Recommendations

2.1. That the Committee considers all of the information provided including representations from all parties and determine the matter before them in accordance with the provisions of the Civic Government (Scotland) 1982 (the 1982 Act).

3.0 Considerations

3.1. On 06 July 2018 the Service Manager Regulatory Services received information requesting under paragraph 11(2)(a) of Schedule 1 of the Act for the suspension of Second Hand Dealer’s Licence SCH77. A copy of the letter is attached and marked as Appendix 1.

3.2. The Civic Licensing Standards Officer has submitted a representation detailing the circumstances leading up to the immediate suspension of the licence on 6 July 2018. A copy of the representation is attached and dated 16 July 2018 marked as Appendix 2.

THIS PAPER RELATES TO ITEM 4

ON THE AGENDA

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3.3. The Committee is asked to consider all information before them and give all relevant parties present an opportunity to be heard. Having heard the evidence and if the Committee is of opinion that a ground has been established in accordance with Schedule 1 paragraph 11(2) of the 1982 Act, it may order the licence to be suspended.

3.4. Normally, any period of suspension does not commence until the expiry of the time within which a licence holder may appeal however, if the Committee determines that the circumstances of the case justify immediate suspension they may without prejudice of their other powers, order that the licence be revoked immediately, Schedule 1 paragraph 11 (10) of the 1982 Act.

4.0 Exempt Reports

4.1. Is this report exempt? Yes (please detail the reasons for exemption below) No

5.0 Legality

5.1 It has been confirmed that in adopting the recommendations contained in this report, the Council is acting within its legal powers. Yes 5.2 The Council is required to determine licence applications as the licensing authority under the 1982 Act.

6.0 Background Papers

6.1 The following items are background papers for the purposes of section 50D of the Local Government (Scotland) Act 1973:

6.2 Letter Service Manager Regulatory Services dated 06 July 2018 (Appendix 1 )

6.3 Letter from Civic Licensing Standards Officer dated 16 July 2018 (Appendix 2)

Author(s)

NAME DESIGNATION TEL NO / EXTENSION

June Andison Licensing Administrator 2093

Approved by

NAME DESIGNATION SIGNATURE

Ian Doctor Service Manager Regulatory

Gary Dallas Executive Director

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Development and Environmental Services Kilncraigs, Greenside Street, Alloa, FK10 1EB Telephone: 01259 450000

Memo

To:

Andrew Crawford Team Leader Environmental Health and Licensing Kilncraigs Alloa FK10 1EB

From: Paul Fair, Licensing Standards Officer

Extension

: 01259 452091

Email: pfair@clacks.gov.uk Our Ref: PF/CLSO/SCHD/SCH77

Your Ref: 16/00752/SECHND

Date: 16 July, 2018

Civic Government (Scotland) Act, 1982 Second Hand Dealers Licence SCH77 Jacqueline James, Sauchie,

1. On Friday 6 July, 2018, Clackmannanshire Council made a decision in the terms of Schedule 1, paragraph 12(1) of the Civic Government (Scotland) Act, 1982, to immediately suspend the Second Hand dealers Licence held by Jacqueline James,

, Sauchie. 2. The licence relates to a business known to trade as Glenfoot 4x4, from premises at

Glenfoot Farm, Marchglen, Tillicoultry. 3. The licence was granted to Jacqueline James on 7 April, 2017, who in turn

nominated Drew Henderson, , Clackmannan as the person responsible for the day to day management of the business.

4. The licence expires on 30 April, 2020. 5. A copy of the licence and the standard licence conditions was sent to Ms James and

received by her shortly after the licence was granted. 6. This representation outlines the circumstances of the events leading up to the

immediate suspension of the licence on 6 July, 2018, and asks the Regulatory Committee to consider this representation along with any other information presented to them and to determine whether or not Jacqueline James continues to be a fit and proper person to hold a second hand dealers licence.

7. During 2017 and 2018 a number of concerns about the trading practices of Glenfoot 4x4 where brought to the attention of Clackmannanshire Trading Standards Officers, in particular there were allegations that a number of vehicles, in a dangerous condition, were sold to members of the public.

8. After discussions with the Civic Licensing Standards Officer, Police Scotland it was agreed that a joint visit would be made to the premises where any vehicle identified as being offered for sale would be examined by a qualified vehicle examiner. In addition compliance with the terms and conditions of the Second Hand Dealers Licence granted to Jacqueline James would also be verified.

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9. As a result of a number of matters outwith the control of the investigating officers arrangements for the joint inspection operation were not finalised until June, 2018.

10. The inspection was due to be carried out on Wednesday 4 July, 2018. 11. In the weeks prior to 4 July, 2018, evidence was gathered from a number of open

sources of information. This evidence identified 18 vehicles being offered for sale by Jacqueline James, trading as Glenfoot 4 x 4.

12. These vehicles were offered for sale in “Trade” adverts in Gumtree and in a widely available vehicle sales magazine.

13. On the morning of Wednesday 4 July, 2018, Trading Standards Officers verified that all 18 of these vehicles were still being offered for sale.

14. At 10:15am accompanied by officers from Police Scotland, Trading Standards Officers (Lindsay McNeil and Claire Conlan), and a qualified vehicle examiner from North Lanarkshire Council the Civic Licensing Standards Officer attended at Glenfoot 4 x 4, Marchglen, Tillicoultry.

15. Access to the site was granted and it was immediately recorded that there was approximately 20 vehicles, being openly offered for sale at the site. The vehicles were all parked in a forecourt display style, side by side, facing inward to a central point, with clear pricing information on display in the front windscreen of each vehicle.

16. There was no person present at the site; however telephone contact was made with Drew Henderson who attended at the site within 15 minutes.

17. Mr Henderson confirmed that he was the person named on the application for the licence as the day to day manager. However he advised that he had no real decision making or management powers in relation to the business. He explained that he had no power to set prices or make decisions in relation to offers significantly below the advertised price. He had no involvement in the buying of stock, and had no financial interest in the business.

18. The Civic Licensing Standards Officer questioned Mr Henderson in relation to compliance with the conditions attached to the second hand dealer’s licence. A copy of the second hand dealer’s licence was on display in the office at the premises.

19. It was established that the licence holder had made no effort to comply with the key conditions of the licence; in particular there was no evidence produced that any of the documentation required by Conditions 1 & 2 was being kept. There were no pre sales advice documents on display on any of the vehicle being offered for sale.

20. A copy of the licence and conditions is at Appendix A to this representation. 21. The vehicle examiner thereafter carried out an examination of 11 vehicles being

offered for sale. 22. Of these 11 vehicles 9 of them were found to have undisclosed defects that in the

opinion of the vehicle examiner were dangerous, and would have resulted in the vehicle failing an MOT test. These defects should have all been disclosed on a pre sales information sheet on display to potential buyers in the vehicle.

23. A summary of the defects is included at Appendix B of this representation. 24. As a result of the defects, statutory withdrawal notices were served by Trading

Standards Officers on all 9 of the vehicles with the dangerous defects. A withdrawal notice means that the trader is prohibited from supplying, offering to supply, agreeing to supply or exposing for supply the vehicle without consent of the Trading Standards

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Service. The trader cannot move the vehicle (other than reasonable movements associated with repairs etc) unless they have written permission from Trading Standards. Once the defects have been remedied and evidence of this provided to Trading Standards the notice can be withdrawn.

25. The business was offering for sale a number of vehicles with serious and undisclosed defects. These defects rendered the use of the vehicle on a road as potentially dangerous and an immediate risk to public safety. In addition the licence holder has failed without any explanation to comply with any of the key licence conditions.

26. The Regulatory Committee are requested to consider the information contained in paragraphs 1-25 along with the content of Appendix A and Appendix B, before coming to a decision as to whether or not Jacqueline James is a fit and proper person to continue to hold a second hand dealers licence, and to what action if any is required in the terms of Schedule 1 Paul Fair

Civic Licensing Standards Officer

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Licence No SCH77

CLACKMANNANSHIRE COUNCIL

CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (SECTION 43)

SECOND HAND DEALER'S LICENCE

The above-named is hereby authorised to act as a Second Hand Dealer within Clackmannanshire in the terms of the above Act, and to carry on, in or from the premises detailed below, the activity of Second Hand Dealer. Glenfoot Marchglen Tillicoultry Clackmannanshire FK13 6BT

This licence is granted under the authority of Clackmannanshire Council and is conditional on the Licence-holder complying with the provisions of the Civic Government (Scotland) Act, 1982 and also with the attached conditions. This licence shall expire on: 30 April 2020

Date: 16 July 2018 ................................................................

Team Leader Environmental Health & Licensing

1. See conditions attached hereto:-

Jacquline James

Sauchie Clackmannanshire

Appendix A – Second Hand Dealers Licence (COPY)

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CLACKMANNANSHIRE COUNCIL

CIVIC GOVERNMENT (SCOTLAND) ACT 1982

LICENCE CONDITIONS

SECOND-HAND DEALERS

1 (a) The Dealer shall keeper or cause to be kept a record of all items bought and sold. The record must be in the form of a properly bound book with consecutively numbered pages and each article purchased by the Dealer must be numbered. The book must be kept on the premises specified in the Licence at all times;

(b) Records must be preserved for at least three years, and the record must include the

following details:-

Date and time of purchase; A full description of each article; The name and address of the seller; Date and time of sale by the Dealer, description of the article at the time of sale

by the Dealer; and the name and address of the purchaser. 2. (a) Dealers in second-hand motor vehicles must comply with Condition 1 hereof and

further must keep a record book including the following details:-

Registration number; Date and time of purchase; Colour, make and model of vehicle; Date of first registration; Engine and chassis numbers and registration number; Name and address of seller and name and address of any previous owner

shown on the registration document; Statement as to whether vehicle registration document V5 was completed; Odometer reading both on purchase and on sale; Name and address of purchaser; Statement whether or nor form V5 was given to the purchaser; and date of last

MOT Certificate,

(b) Dealers in second-hand motor vehicles must:-

Prepare an information report on each vehicle in the form approved by the Licensing Authority from time to time (see annexation);

Retain one copy of the said Information Report as part of his records for at least

three years.

Display one copy of the said Information Report on the inside of the windscreen of the vehicle at all times when the vehicle is on display or offer for sale, so that all the information on the Information Report can easily be read from outside the vehicle;

Complete all sections of the Information Report; and supply any prospective

purchaser(s) with a copy of the Information Report.

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3. The Dealer shall not receive or take goods in pledge. 4. The Dealer shall not receive or take a pawn ticket issued by a pawnbroker for any article

which has been pawned, or negotiate in any manner with the holder of any such pawn ticket, or any person on his behalf, for the purchase of any article to which the pawn ticket refers.

5. The Dealer shall not carry on business as a Second-Hand Dealer in any premises in

which the business of a pawnbroker is carried on or in any other premises having access to such premises.

6. The Dealer shall not keep or permit to be kept on his premises any smelting pot or

implement for smelting, altering or defacing gold, silver, lead or other metals. 7. The Dealer shall not dispose of goods or articles to, or acquire goods or articles from,

any person who appears to be under sixteen years of age, whether such person is acting on his own behalf or on behalf of another person.

8. The Dealer shall keep the records mentioned in Condition 1 and 2 hereof available for

inspection by any Police Constable or any Officer authorised by the Licensing Authority at all times when the premises are open for business .

9. The Dealer shall not in any way alter, erase or deface his licence. 10. The Dealer shall store goods and articles purchased in the course of his dealing only on

the premises specified in the licence or on other premises approved by the Licensing Authority from time to time.

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USED CAR PRE-SALES INFORMATION REPORT

Details of Car:- Make …………………………………… Model ………………………………………… Exact Model …………………………… Estate/Saloon ………………………………. Colour …………………………………. Colour/Artwork Number ……………………. Engine Capacity ……………………… Date of First Registration.…………………... Registration No ……………………….. Fuel Type: …………………………………… Maximum Number of Passengers ………… Odometer Reading ............................... Where the lower box has been ticked the statutory mileage information notice must be displayed alongside the mileage reading

The reading is CORRECT

The reading is UNVERIFIED

The reading is UNVERIFIED REQUIRES REPAIR OR REPLACEMENT Either YES or NO to be deleted. If YES, list faults and state repairs or replacements required. Brakes (Inc. servo)

YES/NO

Wheels and Tyres (Inc. spare)

YES/NO

Steering (Inc. power System)

YES/NO

Suspension

YES/NO

Engine (Inc. ancillaries)

YES/NO

Cooling System

YES/NO

Clutch/Torque Convertor

YES/NO

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Gear Box (Inc. auto or overdrive)

YES/NO

Transmission (Inc. final drive and draft shaft)

YES/NO

Electrical System

YES/NO

Body, Trim and Understructure

YES/NO

Signed: …………………………………………. Name …………………………………………….. Status of person making this statement ………………………........................................ Date …………………… For (e.g. body corporate) ……………………......................... IF YOU BUY THIS CAR IT IS IN YOUR INTEREST TO KEEP THIS REPORT

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Appendix B – Trading Standards Report – Glenfoot 4x4 :Withdrawal Notices JACQUELINE JAMES T/A GLENFOOT 4X4, GLENFOOT FARM, MARCHGLEN, TILLICOULTRY, FK13 6BT 04/07/18 – USED MOTOR VEHICLE WITHDRAWAL NOTICES ISSUED –

No. Vehicle Description Reg. No. Mileage Price Defects 1 NISSAN NAVARA

OUTLAW DC1 – BLACK N13 VRA 165,342 £6950 1) N/S FRONT TYRE –underinflated, damaged

& wheel nut missing 2) N/S REAR TYRE – underinflated 3) NUMBER PLATE LIGHT NOT WORKING 4) NUMBER PLATE LIGHT INSECURE 5) HIGH LEVEL BRAKE LIGHT NOT WORKING 6) PASSENGER SIDE WASHER NOT

WORKING 2 ISUZU RODEO DENVER

CREW CAB – SILVER SG08 PSU 123,289 £3599 1) DRIVER SIDE REAR DOOR WON’T OPEN

2) OFF SIDE REAR TYRE EXCESSIVELY CRACKED

3) NEAR SIDE WIPER DAMAGED 4) REGISTRATION PLATE LIGHT – BOTH OUT

3 TOYOTA RAV 4 – BLACK SH03 PFJ 102,565 £1850 1) BATTERY INSECURE 4 LANDROVER

DISCOVERY TD5 – BLUE

SV04 KNU 115,887 £3195 1) BATTERY INSECURE 2) REAR DOOR DOESN’T OPEN 3) REAR SEAT BELTS CANNOT BE TESTED 4) HORN DOESN’T WORK 5) OFFSIDE FOG & REAR LIGHTS DO NOT

WORK 6) OFFSIDE FOG & REAR LIGHTS INSECURE 7) OFFISDE BRAKE LIGHTS DO NOT WORK 8) 3RD LEVEL BRAKE LIGHT DOESN’T WORK 9) OFFSIDE REAR & NEARSIDE WINGS

INSECURE 5 PORSCHE CAYENNE –

BLACK K666 CAN 108,782 £9295 1) AIR BAG WARNING LIGHT ON

2) NO WATER FOR WASHERS 3) BONNNET OPENING LEVER INOPERABLE

THEREFORE UNABLE TO OPEN BONNET 4) NEAR SIDE REAR TYRE HAS A CUT IN

EXCESS OF 20MM 6 MERCEDES ML270 –

BLACK SY05 0SF 91,482 £3650 1) NO NUMBER PLATE LIGHTS

Vehicle Description Reg. No. Mileage Price Defects 7

LANDROVER DISCOVERY – GOLD

SD02 WWP

100,379 £2950 1) NO NUMBER PLATE LIGHTS 2) OFFSIDE REAR TYRE UNDERINFLATED 3) OFFSIDE REAR TYRE WORN ON EDGE

8 SUZUKI JIMNY CONVERTIBLE – RED

SO03 HMF 88,796 £2650 1) STEERING JOINT SECURING BOLT MISSING

2) OFFSIDE REAR TYRE TREAD BELOW 1.6MM

3) SLIGHT ENGINE OIL LEAK 9 SUZUKI SX4 GLX –

GREY SG06 UHB 55,769 £2350 1) OFFSIDE FRONT TYRE UNDERINFLATED

2) REAR SIDE FRONT TYRE UNDERINFLATED

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