Minute of Meeting of the
Caithness, Sutherland and Easter Ross Licensing Committee
held in the Mowat Room, Assembly Rooms, Wick
on Tuesday 26th August 2008 at 10.30am
Present:
Mr Alasdair Rhind
Mr David Flear
Mr Willie Mackay
Mrs Linda Munro
Mr John Rosie
Non Members Also Present:
None
In Attendance:
Mrs Fiona Sinclair, Area Solicitor
Mr Alasdair Rhind in the Chair
Declarations of Interest
Councillor Flear declared a non financial interest in Item 3 on the Agenda as a relative of the applicant’s family and announced that he would be leaving the meeting during consideration of that Item of Business.
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mrs Katrina MacNab, Ms. Maxine Smith, Mr Michael Finlayson and Mrs Deirdre Mackay.
2. Confirmation of Minutes
There had been circulation for confirmation the Minutes of the Meeting of the Caithness, Sutherland and Easter Ross Licensing Committee held on 17th June 2008. The Minutes were held as read and were approved.
3. Civic Government (Scotland) Act 1982 – Application for Taxi Driver’s Licence – Colin A. Gauld
Mr Flear left the meeting.
There was circulated at the meeting Report Number LCC/17/08 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, Caithness Ward. Mr Gauld 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 Taxi Driver’s Licence was appended to the Committee Report circulated at the meeting. She said the question for the Committee is whether the applicant is a fit and proper person to hold a Taxi Driver’s Licence. The application had been on the Agenda for consideration at the meeting on 17th June but Mr Gauld had been unable to attend and had requested that consideration of the application be deferred. Mr Gauld had declared one previous conviction and a speeding offence on his application form. There were no objections to the application.
The Committee heard from Mr Gauld in relation to the application and following consideration agreed to grant the application subject to the standard conditions for the standard period of three years.
Mr Flear returned to the meeting.
4. Civic Government (Scotland) Act 1982 – Application for Taxi Driver’s Licence – Alistair D. Aitken
There was circulated at the meeting Report Number LCC/18/08 by the Area Solicitor inviting the Committee to consider an application for a Taxi Driver’s Licence lodged by Mr Alistair Aitken from Kirkwall. Mr Aitken was present at the meeting.
Mrs Sinclair explained that the Hearing’s procedure had been circulated with the Agenda for the meeting and that a copy of the applicant’s application for a Taxi Driver’s Licence was appended to the Committee Report. She said that the question for the Committee was whether the applicant is a fit and proper person to hold a Taxi Driver’s Licence. Mr Aitken had a number of previous convictions and although there were no objections from Northern Constabulary Mrs Sinclair had in this case declined to exercise her delegated powers and had referred the application to the Committee for consideration.
Mr Aitken emphasised that he had no convictions for driving with excess alcohol and that most of the offences he had committed had occurred whilst he was under the influence of alcohol and that he had not taken alcohol recently. He stressed that he had obtained employment with Pentland Cabs and that he would, through that firm, be able to obtain accommodation in the area.
Following consideration of the information before it the Committee decided that further information in relation to the application was required. Mr Aitken advised that he would be able to provide references from his landlords and his current employers. The Committee instructed Mrs Sinclair to make contact with the Orkney Housing Association, Stromness Taxis and Northern Constabulary in order to obtain further information in relation to Mr Aitken before a decision could be made. The Committee deferred consideration of the application until its next meeting on 30th September and advised Mr Aitken that it would not be necessary for him to appear before the Committee on that date although he is welcome so to do. On being advised that Mr Aitken suffered from diabetes, the Committee further resolved that Mr Aitken undergo a medical examination the terms of which would be reported back to the Committee.
5. Civic Government (Scotland) Act 1982 – Application for Street Trader’s Licence – David Jaffray
Mrs Sinclair reported that Mr Jaffray had advised her assistant that he had not received notification of the Hearing and in the circumstances the Committee resolved to continue consideration of the application until 30th September 2008 when the Committee would next meet.
6. Civic Government (Scotland) Act 1982 – Application for Taxi Driver’s Licence – Darren Westphal
Mrs Sinclair reported that Mr Westphal had verbally advised her assistant that he intended to withdraw his application. He had been invited to submit written confirmation of this but had failed to do so. In these circumstances the Committee resolved to continue consideration of the application until its next meeting on 30th September 2008.
The meeting closed at 11.15am.