Licensing Panel Minutes

Date:
Friday 17 February 2017
Time:
10:30am
Place:
Municipal Chambers, Buccleuch Street, Dumfries

Attendance Details

Members:
David J McKie (Chairman)-North West Dumfries
Alistair Geddes-Mid Galloway
Patsy Gilroy-Dee
Jack Groom-Nith
Tom A McAughtrie-Abbey
Jim McColm-Mid Galloway
Ted Thompson-Lochar
Officials:
Caroline Treanor - 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

Jack Groom declared an interest in Item 4 by virtue of one of the objector’s being well known to himself and determined that his interest was such that he would leave the meeting for this Item.

 

MEMBER - Jack Groom left the meeting - 6 Members present

4 NOTICE OF PROPOSAL TO HOLD PUBLIC PROCESSIONS LOCHARBRIGGS LOYAL ORANGE LODGE : DUMFRIES AND LOCHARBRIGGS - 4 MARCH 2017 - REPORT BY ROADS MANAGER

Decision

 

AGREED to issue permission for Locharbriggs Loyal Orange Lodge to hold their proposed processions through Dumfries at 3.30pm and Locharbriggs at 6pm on Saturday 4 March 2017.

 

MEMBER: Jack Groom re-entered the meeting - 7 Members present.

5 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.

6 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
7 REGISTRATION OF PRIVATE LANDLORDS : CONSIDERATION OF A LANDLORD AS A FIT AND PROPER PERSON - REPORT BY HMO LICENSING AND REGISTRATION OFFICER

Report Summary - This report provided Members with details of the reasons for request to remove the Landlord from the Register.

 

Decision

 

7.1 NOTED that the Applicant, had not attended the meeting;

 

7.2 AGREED to determine the application in the absence of the Applicant; the HMO Licensing and Landlord Registration Officer’s confirmation that he had served upon the applicant via recorded delivery service with signature a letter advising him of the said hearing.

 

7.3 The Panel heard from the HMO Licensing and Landlord Registration Officer
and AGREED to remove Landlord from the Register of Landlords on the ground that he is no longer a fit and proper person.
 

8 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 historical background leading to the interim suspension now in place and details of the Chief Constable’s complaint.

The Licensing Panel heard from Sergeant Dodds on the grounds of the Chief Constable’s objection and the Applicant’s Agent.

 

VOTE

 

MOTION by DAVID J MCKIE seconded by PATSY GILROY to further suspend for unexpired portion on the ground that the licence holder is no longer a fit and proper person to hold a licence.

 

AMENDMENT by TOM A MCAUGHTRIE seconded by ALISTAIR GEDDES not to invoke further suspension of the licence on the basis that an undertaken can be given by the licence holder that he undergo an anger management course and submit a letter of referral from his GP confirming such as well as further documented evidence that he attend said course.

 

In a vote taken by roll call Members voted as follows:-

Motion - 4 votes being: Patsy Gilroy, Jack Groom, Jim McColm, David J McKie.

Amendment - 3 votes being: Alistair Geddes, Tom McAughtrie, Ted Thompson

 

Decision

 

AGREED to further suspend for unexpired portion on the ground that the licence holder is no longer a fit and proper person to hold a licence.
 

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

Report Summary - This report provided Members with details of the historical background leading to the interim suspension now in place and details of the Chief Constable’s complaint.

 

Decision

 

The Panel heard from Sergeant Dodds on the reasons for the Chief Constable’s request for suspension and AGREED not to invoke further suspension of the Taxi Operator’s licence.
 

10 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 : REQUEST FOR SUSPENSION OF PRIVATE HIRE 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.

 

Decision

 

NOTED


10.1 the Licence Holder had been unable to attend and she had notified the Clerk of such that morning;

10.2 the present Interim Suspension would lapse on 24 February 2017,

10.3 AGREED that this matter required to be dealt with at this meeting otherwise the present Interim suspension would lapse and the Private Driver’s licence would come back into effect without the scrutiny of the Panel; and

 

10.4 The Panel heard from Sergeant Dodds on the reasons for the Chief Constable’s request for suspension and AGREED not to invoke further the suspension of the licence.