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Special Meeting of the Planning and Regulation Panel - Tuesday 12th December 2017

Last updated

09 Mar 2023

 

STIRLING COUNCIL

 

MINUTES of SPECIAL MEETING of the PLANNING & REGULATION PANEL held in the
COUNCIL CHAMBERS, OLD VIEWFORTH, TUESDAY 12 DECEMBER 2017 at 2.00 pm‌

 

Present

 

Councillor Chris Kane (in the Chair)

Councillor Maureen BENNISON
Councillor Neil BENNY
Councillor Douglas DODDS

Councillor Graham LAMBIE
Councillor Jeremy McDONALD
Councillor Evelyn TWEED

 

In Attendance

 

Shona Campbell, Licensing Paralegal (Localities & Infrastructure)
Lindsay Fyfe, Licensing Standards Officer (Localities & Infrastructure)
Mary Love, Committee Officer (Localities & Infrastructure)

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

 

Also Present

 

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

 

PL71 APOLOGIES AND SUBSTITUTIONS

 

Apologies were received on behalf of Councillor Alasdair MacPherson and Councillor Alistair Berrill.

 

There were no substitutions.

 

PL72 DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

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.

PL73 RENEWAL OF A TAXI DRIVER’S LICENCE

 

A report by the Chief Officer – Governance, advised of an application for a renewal of taxi driver’s licence which was received on 15 August 2017 from the licence holder.

 

Police Scotland lodged a representation in terms of Section 3(1) of Schedule 1 under the Civic Government (Scotland) Act 1982, to the application received by email on 15 September 2017, on the grounds that the licence holder was subject to a pending criminal charge of fraud and embezzlement, which would be heard at the Sheriff Court.

 

A further letter was submitted 20 October 2017 from Police Scotland which provided an update that the licence holder had been convicted of one count of fraud at the hearing, referred to above, and in Police Scotland’s opinion the licence holder was not a fit and proper person to hold a Taxi Driver’s Licence.

 

The Chair explained the process on how the meeting would be conducted to the licence holder, their representative, representatives from Police Scotland and the Panel, and advised that each party would be given the opportunity to speak and respond to questions.

 

The Panel heard from the Chief Constable’s representative, who provided an update on the court proceedings held on the 5 December 2017 and information on the reasons for the request to refuse the licence.

 

The licence holder and their representative were in attendance and both were heard in support of the application.

 

The Panel put a number of questions to the Chief Constable’s representative and to the licence holder and their representative.

 

In response to a question from the Chair, the licence holder confirmed they had received a fair hearing.

 

Motion

 

“That the Panel agrees:-

 

  1. to grant a 6 month renewal of the licence holder’s application for a taxi driver’s licence, subject to the condition that the licence holder demonstrates good behaviour in their holding their taxi driver’s licence. The Panel took this decision because, even though Police Scotland had raised concerns following a conviction on 18 October 2017, the Panel felt that the licence holder had not demonstrated to be a sufficiently serious threat to the public in their role as a taxi driver, and as a consequence was a fit and proper person to hold a taxi driver’s licence, subject to
    these conditions;

  2. a report to be brought to a future meeting of the Planning & Regulation Panel so the Panel could re-assess the circumstances, prior to the completion of the Community Service Order given to the licence holder by the Court”.

 

Proposed by Councillor Chris Kane, seconded by Councillor Graham Lambie.

Amendment

 

“That the Panel agrees to refuse the renewal of the licence holder’s application for a taxi driver’s licence”.

 

Proposed by Councillor Neil Benny, seconded by Councillor Douglas Dodds.
On the roll being called, the Members present voted as follows:-

For the Amendment (3) Councillor Neil Benny
Councillor Douglas Dodds
Councillor Jeremy McDonald

 

Against the Amendment (4) Councillor Maureen Bennison

Councillor Chris Kane
Councillor Graham Lambie
Councillor Evelyn Tweed

 

The Amendment fell by 4 votes to 3.

 

For the Motion (4) Councillor Maureen Bennison
Councillor Chris Kane
Councillor Graham Lambie
Councillor Evelyn Tweed

 

Against the Motion (3) Councillor Neil Benny
Councillor Douglas Dodds
Councillor Jeremy McDonald

 

Decision

 

The Motion was carried by 4 votes to 3 and accordingly the Panel agreed:-

 

  1. to grant a 6 month renewal of the licence holder’s application for a taxi driver’s licence, subject to the condition that the licence holder demonstrates good behaviour in their holding their taxi driver’s licence. The Panel took this decision because, even though Police Scotland had raised concerns following a conviction on 18 October 2017, the Panel felt that the licence holder had not demonstrated to be a sufficiently serious threat to the public in their role as a taxi driver, and as a
    consequence was a fit and proper person to hold a taxi driver’s licence, subject to these conditions;

  2. a report to be brought to a future meeting of the Planning & Regulation Panel so the Panel could re-assess the circumstances, prior to the completion of the Community Service Order given to the licence holder by the Court”.

 

(Reference: Report by Licensing Paralegal (Localities & Infrastructure), dated 5
December 2017, submitted)

 

The Chair declared the Meeting closed at 2.45 pm.