Licensing Sub-committee - 28/03/2024

At a MEETING of the LICENSING SUB-COMMITTEE held remotely on 28th March, 2024.

APPENDIX I

Present:-

Bailie Christina ROBERTS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

I DECLARATION OF INTEREST

There were no declarations of interest.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) STREET TRADER - SUSPENSION HEARING

Having heard from the Legal Officer, the Sub-Committee noted that no further action was required as the Street Traders Licence held by D M had been surrendered.

(b) TAXI DRIVER - SUSPENSION HEARINGS

Reference was made to Article II(a) of the minute of meeting of this Sub-Committee held on 11th January, 2024, wherein it was agreed to adjourn consideration of the hearing to await the outcome of court proceedings. The Sub-Committee noted that G P was not present and agreed to consider the matter in their absence. The Sub-Committee noted that a letter of information had been received from the Chief Constable. The Sub-Committee gave consideration to the content of the letter. The Sub-Committee noted that a written submission had been received from G P. The Sub-Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Sub-Committee agreed to adjourn consideration of the hearing to the meeting of the Licensing Sub-Committee to be held on 13th June, 2024 to await the outcome of court proceedings.

Reference was made to Article II(a) of the minute of meeting of this Sub-Committee held on 11th January, 2024, wherein it was agreed to adjourn consideration of the hearing to await the outcome of court proceedings. The Sub-Committee noted that R T was not present and agreed to consider the matter in their absence. The Sub-Committee noted that a letter of information had been received from the Chief Constable. The Sub-Committee gave consideration to the content of the letter.

Thereafter, having heard from the Legal Officer, and the representative of the Chief Constable, the Sub-Committee noted that the Chief Constable had withdrawn the letter of information and agreed to take no further action.

(c) TAXI OPERATOR - SUSPENSION HEARINGS

Reference was made to Article VI(f) of the minute of meeting of the Licensing Committee held on 1st February, 2024, wherein it was agreed to hold a hearing to determine the fitness of Company S to hold a Taxi Operators Licence. The Sub-Committee noted that a report had been received from the Fleet Manager. The Sub-Committee gave consideration to the content of the report. Thereafter, having heard from the Legal Officer, the Fleet Manager and a representative for Company S, the Sub‑Committee agreed to issue a warning to Company S with regards to their fitness to be the holder of a Taxi Operators Licence and the fitness of their vehicle.

Reference was made to Article VI(f) of the minute of meeting of the Licensing Committee held on 1st February, 2024, wherein it was agreed to hold a hearing to determine the fitness of Company D to hold a Taxi Operators Licence. The Sub-Committee noted that a report had been received from the Fleet Manager. The Sub-Committee gave consideration to the content of the report. The Sub‑Committee noted that a written submission had been received from Company D. The Sub‑Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Fleet Manager and a representative for Company D, the Sub-Committee agreed to issue a warning to Company D with regards to their fitness to be the holder of a Taxi Operators Licence and the condition of their vehicle.

(d) TAXI DRIVER AND TAXI OPERATOR - SUSPENSION HEARINGS

Reference was made to Article VI(f) of the minute of the meeting of the Licensing Committee held on 1st February, 2024, wherein it was agreed to hold a hearing to determine the fitness of A C to hold a Taxi Operator and Taxi Drivers Licence. The Sub-Committee noted that a report had been received from the Fleet Manager. The Sub-Committee gave consideration to the content of the report. The Sub‑Committee noted that a letter of information had been received from the Chief Constable. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, a representative of the Chief Constable, the Fleet Manager and a representative for A C, the Sub-Committee agreed to adjourn consideration of the hearing to the meeting of this Sub‑Committee to be held on 13th June, 2024 to ascertain whether a fixed penalty had been accepted by A C.

Reference was made to Article VI(f) of the minute of the meeting of the Licensing Committee held on 1st February, 2024, wherein it was agreed to hold a hearing to determine the fitness of C S to hold a Taxi Operator and Taxi Drivers Licence. The Sub-Committee noted that a letter had been received from the Fleet Manager. The Sub-Committee gave consideration to the content of the letter and reviewed CCTV footage of the alleged incident. Thereafter, having heard from the Legal Officer, the

Fleet Manager and a representative for C S, the Sub-Committee agreed to issue a warning with regards to the future conduct of C S.

Stewart HUNTER, Convener.