MINUTES of SPECIAL MEETING of the PLANNING & REGULATION PANEL held in the
WALLACE ROOM, OLD VIEWFORTH, STIRLING on MONDAY 11 APRIL 2016 at 9.15 am
Councillor Margaret BRISLEY (in the Chair)
Councillor Scott FARMER
Councillor Graham LAMBIE
Councillor Christine SIMPSON
Councillor Jim THOMSON
Stephanie Cameron, Licensing Team Leader, Corporate Operations
Iain Strachan, Chief Governance Officer
Sheila McLean, Committee Officer, Corporate Operations (Clerk)
Constable Andrew Kane, Police Scotland
The Licence Holder and his Legal Representative, Gordon Murphy
PL426 APOLOGIES AND SUBSTITUTIONS
There were no apologies or substitutions.
PL427 DECLARATIONS OF INTEREST
There were no declarations of interest.
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.
PL428 PRIVATE HIRE DRIVER’S LICENCE
A report by the Director of Corporate Services advised of a complaint lodged by Police Scotland in terms of Paragraphs 11 & 12, Schedule 1 of the Civic Government (Scotland) Act 1982 in relation to the suitability of an individual as a fit and proper person to hold a Private Hire Driver’s licence.
Letters of objection submitted by Police Scotland were attached as Appendices to the report.
Members were advised that the licence had been suspended with immediate effect under delegated powers on 9 March 2016.
At its meeting on 29 March 2016, the Panel had agreed to defer consideration of the application to allow the licence holder to have legal representation.
The Panel heard from the Chief Constable’s representative, who set out the
background to the complaint.
The Panel then heard from the Licence Holder’s legal representative, who presented the case on behalf of his client and handed to Panel Members a number of testimonials in support of his client’s character.
The Panel put a number of questions to officers, the Chief Constable’s representative and the Licence Holder’s legal representative.
The Panel agreed:-
to suspend the Private Hire Driver’s licence with immediate effect under
Paragraph 11(10) of the Civic Government (Scotland) Act 1982;
to defer further consideration of the application for the renewal of the Private Hire Driver’s licence until the outcome of the pending Court case was known;
to delegate authority to officers to grant the renewal of the licence and cancel the suspension in the event that the outcome of the Court case was a Not Guilty or Not Proven verdict, providing that officers considered that no issues required to be brought back to the Panel for its consideration in respect of the same.
(Reference: Report by Director of Corporate Operations dated 17 March 2016,
The Chair declared the Meeting closed at 9.50 am