Minutes of Special Meeting of The Caithness Committee Held in Mowat Room, Assembly Rooms, Wick on Tuesday 21st June, 2005



Councillor David Flear (Convener of the Caithness Committee in the Chair)
Councillor John H. Green
Councillor Alastair MacDonald Councillor Donald Mackay
Councillor William Mowat Councillor Graeme Smith

In Attendance:


Mrs. Fiona Sinclair, Area Solicitor/Administrator
Acting Inspector Graeme Chalmers, Northern Constabulary

Caithness Committee

(Chairman – Councillor Flear, Area Convener)

1. Apologies for Absence


Apologies for absence were intimated on behalf of Councillor William Fernie, Councillor Thomas Jackson, Councillor Katrina MacNab and Councillor Roger Saxon.

2. Hearing - Application for Renewal of Taxi Driver’s Licence


There was circulated at the meeting report (CC/129/05) by the Area Solicitor/Administrator with copy application for renewal of taxi driver’s licence received from James Baikie McPhee.  It was noted that the applicant had declared a total of six penalty points on his application form which arose from two separate incidents earlier in the year.  Three penalty points had been occurred in respect of each incident.  The Chief Constable of Northern Constabulary had intimated that he had no objections to the application being granted.


A copy of the Hearings procedure had been circulated with the Agenda for the meeting.


The applicant was present at the meeting.  Mrs Sinclair reminded the meeting that as the Committee is acting in a quasi-judicial capacity it would inappropriate to make a recommendation on the application.


Mr McPhee addressed the Committee, outlined the circumstances which had given rise to the two offences and answered questions from Members. 


Following consideration of the application the Committee agreed to renew Mr McPhee’s taxi driver’s licence.

3. Exempt Business


The Committee resolved that under Section 50(A) 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 disclosed information falling within the categories of exempt information defined in paragraphs 6 and 9 of Part I of Schedule 7A of the Act.

4. Hearing - Application for Taxi Driver’s Licence


There were circulated at the meeting report (CC/130/05) by the Area Solicitor/Administrator along with the copy application for a taxi driver’s licence received from David John Haggarty, and a copy of a letter of objection lodged on behalf of the Chief Constable, Northern Constabulary.  A copy of the Council’s Hearing procedure had been circulated prior to the Hearing.  The Chairman explained the hearings procedure to the applicant and Acting Inspector Chalmers who were present at the meeting.


At the commencement of the Hearing the applicant agreed that the objection had been presented in a proper format, that it was relevant to the application and that he had no objection to it being circulated to the Committee members.  The applicant advised the Committee that he had letters of reference in support of his application which he wished to circulate.  The Committee agreed to accept the letters after having heard from the Police Inspector.  The Committee considered the letter of objection, the letters of reference and heard from the applicant and Acting Inspector Chalmers on behalf of the Police.  


The Committee retired to consider the application.


When the meeting resumed, the Committee advised Mr Haggarty that they considered him to be a fit and proper person to hold a taxi driver’s licence and agreed to grant the licence after Mr Haggarty obtains satisfactory results in the Council’s knowledge test, and other preliminary matters have been completed.