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Special Meeting of the Planning and Regulation Panel - Friday 22nd September 2017

Last updated

09 Mar 2023

 

STIRLING COUNCIL

 

MINUTES of SPECIAL MEETING of the PLANNING & REGULATION PANEL held in
BRUCE ROOM, OLD VIEWFORTH, FRIDAY 22 SEPTEMBER 2017 at 9.00 am

 

Present

 

Councillor Alasdair MACPHERSON (in the Chair)

Councillor Maureen BENNISON
Councillor Neil BENNY‌‌

Councillor Douglas DODDS
Councillor Graham LAMBIE

 

In Attendance

 

Shona Campbell, Licensing Paralegal (Localities & Infrastructure)

Christina Cox, Planning & Building Standards Manager (Localities & Infrastructure)
Lindsay Fyfe, Licensing Standards Officer (Localities & Infrastructure)

Rebecca Jardine, Communications Officer (Children, Communities & Enterprise)
Peter McKechnie, Planning Officer (Localities & Infrastructure)

Gillian Rutherford, Planning Technician (Localities & Infrastructure)
Karen Swan, Committee Officer (Localities & Infrastructure)

Iain Strachan, Chief Officer – Governance (Localities & Infrastructure) (Clerk)

 

Also Present

PC Gordon Hutchinson, Police Scotland
PS Claire MacKenzie, Police Scotland

 

PL031 APOLOGIES AND SUBSTITUTIONS

 

Apologies were submitted on behalf of Councillor Alastair Berrill, Councillor Chris Kane, Councillor Evelyn Tweed and Councillor Jeremy McDonald. Councillor Neil Benny was in attendance as substitute for Councillor Jeremy McDonald.

 

PL032 DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

PL033 PROPOSED CHANGE OF USE FROM CLASS 7 TO CLASS 9 AND CONVERSION
OF EXISTING BUILDING TO FORM 14NO. APARTMENTS WITH ASSOCIATED
AMENDITY SPACE AND PRIVATE PARKING AT THE KILLEARN HOTEL, 2 THE
SQUARE, KILLEARN, G63 9NG – APSIS SOLUTIONS – 17/00529/FUL

 

The application sought planning permission to change the use of a Class 7 hotel to Class 9 Residential use by converting, extending and rebuilding parts of the Killearn Hotel at 2, The Square, Killearn, forming 14 residential apartments with associated amenity space and private parking. The proposed parking was to be formed towards the north western corner of the site where the hotel parking was currently located.

 

The site was located within the Killearn Conservation Area, within the historic core of Killearn, within a picturesque grouping of historic buildings and open space around the nearby original church site. The location of the property itself closes the vista looking south along Balfron Road and although the building itself was not listed, it was identified within the Killearn Conservation Area Appraisal as a key unlisted building of importance to its character. It was considered that the proposal could be supported for the reasons set out within the assessment section of the report at 3.17 onwards.

 

The application had been brought before the Panel following a request from Councillor Lambie, as he wished the Killearn Community to be given more time to fully investigate all possible development possibilities on what was a key site in the village. Councillor Lambie had also requested that the Planning & Regulation Panel visit the application site and have a Hearing, prior to determining the application.

 

Decision

 

The Panel agreed to defer consideration of the application pending a site visit and Hearing to take place at a future Panel meeting. No further discussion took place in respect of the application.

 

(Reference: Report by Senior Manager Infrastructure (Localities & Infrastructure), dated 15 September 2016, submitted)

 

The Committee resolved under Section 50A (4) of the Local Government (Scotland) Act
1973 that the public be excluded from the meeting for the following items of business
on the grounds they involved the disclosure of exempt information as defined in
Paragraphs 6 and 13, of Part 1 of Schedule 7A of the Local Government (Scotland) Act
1973.

 

PL034 TAXI DRIVER’S LICENCE 1600

 

Police Scotland had lodged a complaint in terms of Paragraph 12(1) Schedule 1 of the Civic Government (Scotland) Act 1982 in relation to the taxi driver and their suitability as a fit and proper person to hold a taxi driver’s licence.

 

The purpose of the report was to advise Members of the circumstances leading to the immediate suspension of the taxi driver’s licence, reference 1600, following the Chief Officer – Governance reviewing CCTV footage made available by Police Scotland. A letter from Police Scotland setting out the reasons for the suspension was also attached as an Appendix to the submitted report.

 

Under Paragraph 11, Schedule 1 of the Civic Government (Scotland) Act 1982 the Panel may consider the suspension of a licence if in their opinion: -

 

  • the holder of the licence was not or no longer a fit and proper person to hold a licence;

  • the carrying on of the activity to which the licence related had caused, was causing or was likely to cause undue public nuisance or a threat to public order or public safety; or

  • a condition of the licence had been contravened.

    The Chief Officer – Governance explained the process on how the meeting would be conducted. The Taxi Driver, accompanied by the owner of the Taxi and Chair of the Taxi Association, along with the Panel would review the CCTV footage supplied by Police Scotland. Both Police Scotland and Taxi Driver would be given an opportunity to address the Panel in relation to the footage supplied. All parties confirmed they
    understood the process, and had no questions it.

     

    Police Scotland stated their position, and confirmed an official court date had been set for 20 October 2017. The Panel asked the Police various questions and the CCTV footage was shown. The Taxi Driver then stated their position. The Panel asked the Taxi Driver various questions, and also the Police.

     

    Councillor Maureen Bennison, seconded by Councillor Graham Lambie proposed that the Panel should agree that the taxi driver was not a threat to the public and that no sanctions be taken against the taxi driver due to the particular circumstances.

     

    Councillor Douglas Dodds, seconded by Councillor Neil Benny and supported by Councillor Alasdair MacPherson proposed that the Panel should agree to suspend the license holder’s taxi driver’s licence, this being with immediate effect and a report be brought to a future meeting of the Planning & Regulation Panel following the court diet which was due to take place on 20 October 2017, so the Panel could re-assess the
    suspension in case circumstance had changed.

     

    The Panel took this decision because of the concerns raised by Police Scotland, these being a material consideration for the Panel. In particular the Panel felt that the incident demonstrated 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 license.

     

    Decision

     

    The Panel agreed:-

     

    1. to suspend the license holder’s taxi driver’s licence under Paragraph, Schedule 1 of the Civic Government (Scotland) Act 1982, this being with immediate effect. The Panel took this decision because Police Scotland had raised concerns following an incident the license holder was involved in on 5 July 2017, these being material consideration for the Panel. In particular the Panel felt that the incident demonstrated 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 license; and

       

    2. a report be brought to a future meeting of the Planning & Regulation Panel following the court diet which was due to take place on 20 October 2017, so the Panel could re-assess the suspension in case circumstance had changed.

     

    (Reference: Report by Chief Officer – Governance (Localities & Infrastructure), dated 14 September 2016, submitted)

    PL035 TAXI DRIVER’S LICENCE 1095

     

    Police Scotland had lodged a complaint in terms of Paragraph 12(1) Schedule 1 of the Civic Government (Scotland) Act 1982 in relation to a taxi driver and the suitability as a fit and proper person to hold a taxi driver’s licence.

     

    The purpose of the report was to advise Members of the circumstances leading to the immediate suspension of the taxi driver’s licence, reference 1095, following the Chief Governance Officer reviewing CCTV footage made available by Police Scotland.

     

    Under Paragraph 11, Schedule 1 of the Civic Government (Scotland) Act 1982 the Panel may consider the suspension of a licence if in their opinion: -

     

  • the holder of the licence was not or no longer a fit and proper person to hold a licence;

  • the carrying on of the activity to which the licence related had caused, was causing or was likely to cause undue public nuisance or a threat to public order or public safety; or

  • a condition of the licence had been contravened.

     

    The Chief Officer – Governance explained the process on how the meeting would be conducted. The Taxi Driver, accompanied by the owner of the Taxi and Chair of the Taxi Association, along with the Panel would review the CCTV footage supplied by Police Scotland. Both Police Scotland and Taxi Driver would be given an opportunity
    to address the Panel in relation to the footage supplied. All parties confirmed they understood the process, and had no questions it.

     

    Police Scotland stated their position, and confirmed an official court date had been set for 20 October 2017. The Panel asked the Police various questions and the CCTV footage was shown. The Taxi Driver then stated their position. The Panel asked the Taxi Driver various questions, and also the Police.

     

    The Chief Officer – Governance asked if the Taxi Driver had been given suitable opportunity to present his position today, and they confirmed they had.

     

    Councillor Graham Lambie proposed that the Panel should agree that the taxi driver was not a threat to the public and no sanctions be taken against the taxi driver due to extreme provocation.

     

    Councillor Douglas Dodds, seconded by Councillor Neil Benny and supported by Councillor Maureen Bennison and Councillor Alasdair MacPherson proposed that the Panel should agree to suspend the license holder’s taxi driver’s licence, this being with immediate effect, the licences holder’s current application for a renewal of the taxi
    drivers licence should be placed on hold and a report be brought to a future meeting of the Planning & Regulation Panel following the court diet which was due to take place on 20 October 2017, so the Panel could re-assess the suspension in case circumstance had changed.

     

    The Panel took this decision because of concerns raised by Police Scotland, these being a material consideration for the Panel. In particular the Panel felt that the incident demonstrated 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 license.

    Councillor Graham Lambie requested that his dissent be recorded.

     

    Decision

     

    The Panel agreed:-

     

    1. to suspend the license holder’s taxi driver’s licence under Paragraph11, Schedule 1 of Civic Government (Scotland) Act 1982, this being with immediate effect. The Panel took this decision because Police Scotland had raised concerns following an
      incident the license holder was involved in on 5 July 2017, these being material consideration for the Panel. In particular the Panel felt that the incident demonstrated 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 license;

       

    2. that the licence holder’s current application for a renewal of the taxi drivers licence would be placed on hold; and

       

    3. a report be brought to a future meeting of the Planning & Regulation Panel following the court diet which was due to take place on 20 October 2017, so the Panel could re-assess the suspension in case circumstances had changed.

     

    (Reference: Report by Chief Officer – Governance (Localities & Infrastructure), dated 14 September 2016, submitted)

     

    PL036 TAXI DRIVER’S LICENCE 1855

     

    Police Scotland had lodged a complaint in terms of Paragraph 12(1) Schedule 1 of the Civic Government (Scotland) Act 1982 in relation to a taxi driver and the suitability as a fit and proper person to hold a taxi driver’s licence.

     

    The purpose of the report was to advise Members of the circumstances leading to the immediate suspension of the taxi driver’s licence, reference 1855, following the Chief Governance Officer reviewing CCTV footage made available by Police Scotland.

     

    Under Paragraph 11, Schedule 1 of the Civic Government (Scotland) Act 1982 the Panel may consider the suspension of a licence if in their opinion: -

     

  • the holder of the licence was not or no longer a fit and proper person to hold a licence;

  • the carrying on of the activity to which the licence related had caused, was causing or was likely to cause undue public nuisance or a threat to public order or public safety; or

  • a condition of the licence had been contravened.

 

The Chief Officer – Governance explained the process on how the meeting would be conducted. The Taxi Driver, accompanied by the owner of the Taxi and Chair of the Taxi Association, along with the Panel would review the CCTV footage supplied by Police Scotland. Both Police Scotland and Taxi Driver would be given an opportunity to address the Panel in relation to the footage supplied. All parties confirmed they understood the process, and had no questions it.

Police Scotland stated their position, and confirmed an official court date had been set for 20 October 2017. The Panel asked the Police various questions and the CCTV footage was shown. The Taxi Driver then stated their position. The Panel asked the Taxi Driver various questions, and also the Police.

 

The Chief Officer – Governance asked if the Taxi Driver felt he had suitable opportunity to present his position today, and he confirmed he had.

 

Councillor Douglas Dodds proposed that the Panel should agree to continue the suspension of the license holder’s taxi driver’s licence, this being with immediate effect.

 

Councillor Maureen Bennison, seconded by Councillor Neil Benny and supported by Councillor Graham Lambie and Councillor Alasdair MacPherson proposed that the Panel should agree to terminate the suspension and reinstate the licence holder’s taxi driver’s licence with immediate effect due to mitigating circumstances in respect of this incident which, on balance, meant that the licence holder has not demonstrated to be a serious threat to public safety in his role as a taxi driver, and as a consequence was a fit and proper person to hold a taxi driver’s licence and a report be brought to a future
meeting of the Planning & Regulation Panel following the court diet which was due to take place on 20 October 2017, so the Panel could re-assess the suspension in case circumstances had changed.

 

Councillor Douglas Dodds requested that his dissent be recorded.

 

Decision

 

The Panel agreed:-

  1. to terminate the suspension and reinstate the licence holder’s taxi driver’s licence with immediate effect. The Panel took this decision because, even though Police Scotland had raised concerns following an incident the licence holder had been involved in on 5 July 2017, which were a material consideration for the Panel, the Panel felt that there were mitigating circumstances in respect of this incident
    which, on balance, meant that the licence holder has not demonstrated to be a serious threat to public safety in his role as a taxi driver, and as a consequence was a fit and proper person to hold a taxi driver’s licence; and

  2. a report be brought to a future meeting of the Planning & Regulation Panel following the court diet which was due to take place on 20 October 2017, so the Panel could re-assess the suspension in case circumstances had changed.

 

(Reference: Report by Chief Officer – Governance (Localities & Infrastructure), dated 14 September 2016, submitted)

 

The Chair declared the Meeting closed at 11:20am.