Licensing Panel Minutes

Date:
Friday 20 January 2017
Time:
10:30am
Place:
Municipal Chambers, Buccleuch Street, Dumfries

Attendance Details

Members:
David J McKie (Chairman)-North West Dumfries
Andy Ferguson-North West Dumfries
Alistair Geddes-Mid Galloway
Tom A McAughtrie-Abbey
Graham Nicol-Mid Galloway
John Syme-Mid and Upper Nithsdale
Ted Thompson-Lochar
Officials:
Caroline Treanor - Solicitor (Clerk)
Laura Whitelaw - Solicitor
In attendance:
Sergeant Emma Dodds - Police Scotland
Item Number Item/Description
PUBLIC
1 SEDERUNT AND APOLOGIES

7 Members present

2 APPOINTMENT OF CHAIRMAN

Decision

 

AGREED to appoint David J McKie as Chairman for the meeting.

PROCEDURE - David J McKie assumed the role of Chairman.

3 DECLARATIONS OF INTEREST

John Syme declared an interest in Items 9,10,11 and 12 by virtue of the applicant being an individual known to himself and determined that his interest was such that he would leave the meeting for these Items.

4 ANY OTHER BUSINESS DEEMED URGENT BY THE CHAIRMAN DUE TO THE NEED FOR A DECISION

Decision

 

NOTED there was no other business deemed urgent by the Chairman due to the need for a decision.

5 LOCAL GOVERNMENT (SCOTLAND) ACT 1973

Decision

 

AGREED to adopt a resolution to exclude the public from the meeting in terms of Section 50A (4) of and Paragraph14 of Part I of Schedule 7A to the Local Government (Scotland) Act 1973.
 

EXEMPT
6 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 : APPLICATION FOR GRANT OF TAXI DRIVER'S LICENCE - REPORT BY SOLICITOR

Report Summary - This report provided Members with details of the application and objection by the Chief Constable.

6.1 NOTED that the Panel had adjourned consideration of this application to allow the attendance of an Interpreter to assist the applicant in understanding the proceedings and that a qualified Interpreter was in attendance ;

6.2 The Panel heard from Sergeant Dodds on the Chief Constable’s objection and the applicant in support of the application and AGREED to refuse the application on the ground that the applicant was not a fit and proper person to hold a Taxi Driver’s licence.

DISSENT - Andy Ferguson requested that his dissent be recorded in respect of the above decision having failed to secure a seconder for his motion to grant the application for a Taxi Driver's licence.

7 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 : REQUEST FOR SUSPENSION OF TAXI DRIVER'S LICENCE - REPORT BY SOLICITOR

Report Summary - This report provided Members with details of the Chief Constable’s complaint and the existing interim suspension of the licence.

The Panel heard from Sergeant Dodds on the reasons for the Chief Constable’s request for suspension and from the Licence Holder’s Agent, who during his submission circulated correspondence in support of the Licence Holder.

 

Decision

 

AGREED that the grounds for suspension had been made out in that the Panel was of the opinion that (a) the carrying on of the activity to which the licence relates has caused, is causing or is likely to cause a threat to public safety and that the Taxi Driver’s licence (TXD381) be suspended under Paragraph 11 (2) (c) of Schedule 1 to the Civic Government (Scotland) Act 1982 for its unexpired portion (presently 16 July 2017) and that with immediate effect.

PROCEDURE - The Chairman intimated that, with the consent of Members, he intended to take Item 9, 10, 11 and 12 next.  This was agreed. The remaining items in this Minute are recorded in the order in which they appeared on the Agenda calling the meeting

MEMBER: John Syme declared an interest in respect of the following 4 Items of Business and left the meeting - 6 Members present.
 

8 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 : APPLICATION FOR GRANT OF TAXI OPERATOR'S LICENCE - REPORT BY SOLICITOR

Report Summary - This report provided Members with details of the application and the Chief Constable’s objection to the application.
 

The Panel having heard from Sergeant Dodds on the Chief Constable’s objection and the applicant’s agent. 

 

Decision

 

AGREED to grant the application for a Taxi Operator’s licence.

9 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 : REQUEST TO TRANSFER TAXI BUSINESS/RESTRUCTURE TAXI BUSINESS - REPORT BY SOLICITOR

Report Summary - This report provided Members with details of the application and parties.

 

The Panel heard from the parties.
 

Decision


AGREED to grant the request to transfer TX015 insofar as the Council’s interests in the matter are concerned.


 

10 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 : REQUEST TO TRANSFER TAXI BUSINESS/RESTRUCTURE TAXI BUSINESS - REPORT BY SOLICITOR

Report Summary - This report provided Members with details of the application and parties.

 

The Panel heard from the parties.


Decision


AGREED to grant the request to transfer TX025 insofar as the Council’s interests in the matter are concerned.


 

11 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 : REQUEST TO TRANSFER TAXI BUSINESS/RESTRUCTURE TAXI BUSINESS - REPORT BY SOLICITOR

Report Summary - This report provided Members with details of the application and parties.

 

The Panel heard from the parties.


Decision


AGREED to grant the request to transfer TX027 insofar as the Council’s interests in the matter are concerned.


 

12 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 : REQUEST TO TRANSFER TAXI BUSINESS/RESTRUCTURE TAXI BUSINESS - REPORT BY SOLICITOR

Report Summary - This report provided Members with details of the application and parties.

 

The Panel heard from the parties.


Decision


AGREED to grant the request to transfer TX036 insofar as the Council’s interests in the matter are concerned.

 

MEMBER: John Syme entered the meeting 7 members present.


 

13 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 : REQUEST FOR SUSPENSION OF TAXI DRIVER'S LICENCE AND APPLICATION FOR RENEWAL OF TAXI DRIVER'S LICENCE - REPORT BY SOLICITOR

Report Summary - This report provided Members with details of the application and objection by the Chief Constable.

 

The Panel heard from Sergeant Dodds on the grounds of the Chief Constable’s objection and the Applicant’s Agent who circulated letters of support.

 

Decision

 

AGREED to grant the application for a Taxi Driver’s licence for the full 3 year period.
 

14 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 : REQUEST FOR SUSPENSION OF TAXI DRIVER'S LICENCE - REPORT BY SOLICITOR

 Report Summary - This report provided Members with details of the existing interim suspension of the licence.

 

The Licensing Panel heard from the Applicant.

 

Decision

 

14.1 AGREED to grant the renewal of the Taxi Driver’s licence for a three year period.

 

14.2  to suspend the licence for the unexpired portion of the licence or until such times as a clear report is received from the Applicant’s Consultant confirming fitness to drive, and

 

14.3  to delegate authority to the Depute Clerk to withdraw the suspension on receipt of said clear report. If said report was not clear, then the Panel requested that the matter be put before them at a further Hearing to determine the matter.

15 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 : APPLICATION FOR GRANT OF TAXI DRIVER’S LICENCE - REPORT BY SOLICITOR

Report Summary - This report provided Members with details of the Chief Constable’s complaint and the existing interim suspension of the licence.

 

The Panel heard from Sergeant Dodds on the reasons for the Chief Constable’s request for suspension and from the Licence Holder’s agent.

 

Decision

 

AGREED to take no further action on the current complaint and await the outcome following conclusion of criminal proceedings by the Chief Constable .