Minute of Meeting of the
Caithness, Sutherland and Easter Ross Licensing Committee
held in the Mowat Room, Assembly Rooms, Wick
on Tuesday 17 June, 2008 at 11:00am
Present:
Mr Alasdair Rhind, Chairman
Mr Michael Finlayson
Mr Willie Mackay
Mrs Katrina MacNab
Mr John Rosie
In Attendance:
Fiona Sinclair, Area Solicitor
Lorraine Paterson, Acting Inspector, Northern Constabulary
Mr Alasdair Rhind in the Chair
Declarations of Interest - none
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mrs Linda Munro, Mrs Deirdre Mackay, Mr David Flear and Ms Maxine Smith.
2. Conformation of Minutes
There had been circulated for conformation the Minutes of the Meeting of the Caithness, Sutherland and Easter Ross Licensing Committee held on 29 April 2008. The minutes were held as read and were approved.
3. Civic Government (Scotland) Act 1982 – Application for Street Traders Licence – Michael Barker
There was circulated at the meeting Report Number LCC/8/08 by the Area Solicitor inviting the Committee to consider an application for a Street Traders licence lodged by Mr Michael Barker from the East Sutherland and Edderton Ward. Mr Barker was present at the meeting.
Mrs Sinclair explained that the hearing procedure had been circulated with the agenda for the meeting and that a copy of the applicants application for a Street Traders Licence was appended to the Committee report. She said that the question for the Committee is whether the applicant is a fit and proper person to hold a Street Traders Licence. The application had been on the agenda for consideration at the meeting on 29th April but Mr Barker having been unable to attend that meeting had requested that consideration of the application to be deferred. Mr Barker had no convictions but a letter from Northern Constabulary, the terms of which were self explanatory was appended to the report. Inspector Mckinnon of Northern Constabulary had telephoned Mrs Sinclair to initmate his apologises for being unable to attend the meeting.
The Committee heard from Mr Barker in relation to the application and following consideration aggreed to grant the application subject to the standard conditions for the standard period of three years.
4. Civic Government (Scotland) Act 1982 – Application for Taxi Driver’s Licence – Francis William Robertson
There was circulated at the meeting Report by the Area Solicitor inviting the Committee to consider an application for a taxi driver’s licence lodged by Mr Francis William Robertson from the Wick Ward. Mr Robertson was present at the meeting.
Mrs Sinclair explained that the hearings procedure had been circulated with the agenda for the meeting and that a copy of the applicants application was appended to the Committee report along with a copy of a letter from Northern Constabulary. There had been no objections to the application and the application had been brought to the Committee as Mr Robertson had six current penalty points on his driving licence.
Mrs Sinclair explained that the question for the committee is whether the applicant is a fit and proper person to hold a Taxi Drivers Licence.
The Committee heard from the applicant and from Inspector Paterson from Northern Constabulary.
Following the hearing the Committee agreed to GRANT the application subject to the standard conditions for the standard period of three years.
5. Civic Government (Scotland) Act 1982 – Application for Taxi Driver’s Licence – Dean Eric Meiklejohn
There was circulated at the meeting Report by the Area Solicitor inviting the Committee to consider an application for a Taxi Driver’s licence lodged by Mr Dean Eric Meiklejohn from the Thurso Ward. Mr Meiklejohn was not present at the meeting. Mr Meiklejohns’ mother appeared to represent her son. Mrs Sinclair explained that the hearings procedure had been circulated with the agenda for the meeting and that a copy of the applicant’s application for a Taxi Drivers Licence was appended to the Committee report along with a letter of objection from Northern Constabulary. Mrs Sinclair explained that the question for the Committee was whether the applicant is a fit and proper person to hold a taxi drivers licence and suggested to the Committee that they may wish to defer consideration of the application to enable the applicant to be present. The Committee noted the terms of the report, the letter of objection and a letter in support of the application lodged by Mr Meiklejohn’s father who would be his employer if his application were to be successful. On being asked whether she had any objection to the hearing proceeding in the absence of her son, Mrs Meiklejohn said that she had no objection to this. The Committee resolved that the hearing should proceed in the absence of Mr Meiklejohn.
The Committee heard from Mrs Meiklejohn and from Acting Inspector Paterson of Northern Constabulary.
The Committee heard from the parties and having considered the letter of objection, the letter of support and the Committee report the Committee agreed to REFUSE the application on the grounds that Mr Meiklejohn is not a fit and proper person to hold a Taxi Drivers Licence.
6. Civic Government (Scotland) Act 1982 – Application for Window Cleaners Licence – Richard N Thompson
There was circulated at the meeting Report by the Area Solicitor inviting the Committee to consider an application for a Window Cleaners Licence lodged by Mr Richard Thompson from the Thurso Ward. Mr Thompson was present at the meeting.
Mrs Sinclair explained that the hearings procedure had been circulated with the agenda for the meeting and that a copy of the applicant’s application for a Window Cleaners Licence was appended to the Committee report. She said that the question for the Committee is whether the applicant is a fit and proper person to hold a Window Cleaner’s Licence. There had been no objections to the application. The application had been brought to the Committee because of the previous convictions which had been declared in the application form.
The Committee noted that the most recent conviction had occurred in the year 2003. The Committee heard from the applicant. Following consideration of the application the Committee agreed to grant the application subject to the standard conditions for the standard period of three years.
7. Civic Government (Scotland) Act 1982 – Application for a Taxi Drivers Licence - Mr Colin A Gauld
There was circulated at the meeting Report Number LCC/13/08 by the Area Solicitor inviting the Committee to consider an application for a Taxi Driver’s Licence lodged by Mr Colin Gauld from the Thurso Ward. Mr Gauld was not present at the meeting and had sent a letter to Mrs Sinclair advising that he would be unable to attend.
Mrs Sinclair explained that the hearings procedure had been circulated with the agenda for the meeting and that a copy of the applicants’ application for a Taxi Drivers Licence was appended to the Committee report. She said that the question for the Committee is whether the applicant is a fit and proper person to hold a Taxi Driver’s Licence and explained that she had advised the applicant that the hearing may take place in his absence should he not attend. There had been no objection to the application which had been brought to the Committee because the applicant had two previous convictions declared on his application form.
Noting the terms of the previous convictions the Committee resolved to defer consideration of the application to give Mr Gauld a further opportunity to address them. The Committee noted that Mr Gauld had yet to pass the Taxi Driver’s Knowledge Test and agreed that he be invited to attend a future hearing after he had passed the knowledge test.
8. Civic Government (Scotland) Act 1982 – Application for a Taxi Drivers Licence – Donald J A McPhee
There was circulated at the meeting Report Number LCC/14/08 by the Area Solicitor inviting the Committee to consider an application for a Taxi Drivers Licence lodged by Mr Donald J A McPhee from the Thurso Ward. Mr McPhee was present at the meeting.
Mrs Sinclair explained that the hearings procedure had been circulated with the agenda for the meeting and that a copy of the applicants’ application for a Taxi Driver Licence was appended to the Committee report along with a letter of observation from Northern Constabulary. She said that the question for the Committee is whether the applicant is a fit and proper person to hold a Taxi Drivers Licence bearing in mind that his driving licence had been endorsed with nine penalty points since his licence had last been granted.
The Committee heard from the applicant and from Acting Inspector Paterson of Northern Constabulary. Following consideration the Committee agreed to GRANT the application subject to the standard conditions for the standard period of three years. The Committee warned Mr McPhee to be mindful of the speeds at which he was driving in future.
9. Exempt Information - Section 50A (4) of the Local Government Scotland Act 1973
The Committee resolved that under Section 50A (4) of the Local Government Scotland Act 1973 the public be excluded from the meeting during consideration of the remaining items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs three and six of part one of schedule 7A of the Act.
10. Suspension Hearing - Civic Government (Scotland) Act 1982 –Taxi Drivers Licence – Scott Lyall
There was circulated at the meeting Report Number LCC/15/08 by the Area Solicitor with appendix inviting the Committee to consider whether Mr Scott Lyall continued to be a fit and proper person to hold a Taxi Drivers Licence Mrs Sinclair gave detailed advice to the Committee on the terms of the report.
Mr Lyall was present before the Committee accompanied by his employer Mr Ross. Following the hearing, taking into account the terms of the Committee report and appendix and the particular circumstances of the case the Committee resolved that Mr Lyall is a fit and proper person to hold a taxi driver’s licence provided he undertakes an annual medical examination to the satisfaction of the Committee. The Committee further agreed that the interim suspension of his licence be lifted. The Committee instructed Mr Lyall to report the outcome of his medical examination to the DVLA and to deliver a copy of the written response from the DVLA to the Area Solicitor’s Office within two months of the date of the hearing. The Committee further resolved that in the event that Mr Lyall failed to deliver the DVLA response to the Area Solicitor’s office within two months of the hearing the Area Solicitor would have the authority to immediately suspend his taxi driver’s licence.
11. Suspension Hearing - Civic Government (Scotland) Act 1982 – Taxi Drivers Licence – Issac McPhee
There was circulated at the meeting Report Number LCC/16/08 by the Area Solicitor with appendix inviting the Committee to consider whether Mr Issac McPhee continued to be a fit and proper person to hold a Taxi Drivers Licence.
Mr McPhee was present before the Committee. The Committee heard from Mr McPhee and considered the advice from the Area Solicitor along with the Committee report and appendix. The Committee resolved to lift the suspension of Mr McPhee’s taxi driver’s licence and agreed that he was a fit and proper person to hold a taxi driver’s licence subject to the additional requirement that he undertakes a medical examination to the satisfaction of the Council annually.
The meeting closed at 1.20 pm.