Issue - meetings

With reference to (1) article 6 of Appendix B of the minute of the meeting of the Licensing Committee of 19 January 2016, and (2) article 1 of the minute of the meeting of the Licensing Evidential Hearings Sub Committee of 10 March 2016, the Sub Committee had before it (a) an information sheet prepared by the Head of Legal and Democratic Services; (b) judgement by the Sheriff; (c) correspondence from the Chief Constable, Police Scotland, c/o Aberdeen City Division; and (d) a range of documents submitted by the applicant.

The applicant was in attendance, accompanied by his Counsel, solicitor and a witness.

The Chief Constable, Police Scotland, was represented by Counsel, Sergeant Flett and a witness.

As a preliminary matter, Ruth O’Hare, Legal Advisor to the Sub Committee, advised that a further letter of had been received from Police Scotland in respect of the application beyond the statutory time period within which such letters must be received.  A copy of the letter had been provided to the applicant.

Thereafter, Counsel for Police Scotland advised that he wished to refer to (1) section 52(A) of the Civic Government (Scotland) Act 1982 and (2) Murdo v HMA and the rationale for this.

The Sub Committee heard from the applicant’s Counsel regarding the additional documents which Police Scotland had requested be entered into proceedings.  The applicant’s Counsel had no objection to the further letter from Police Scotland and section 52(A) of the Civic Government (Scotland) Act 1982, however objected to case Murdo v HMA being entered into proceedings.

The Sub Committee resolved:

that the letter of representation from Police Scotland and section 52(A) of the Civic Government (Scotland) Act 1982 be introduced to the proceedings and that case Murdo v HMA should not be introduced into proceedings.

The Sub Committee heard the evidence from Police Scotland’s Counsel.

The Sub Committee heard from the applicant’s Counsel in support of the application.

The Sub Committee asked questions of both Police Scotland’s Counsel and witness and the applicant’s Counsel and witness.

The Sub Committee resolved:

to grant the application.

- BARNEY CROCKETT, Convener

With reference to article 6 of Appendix B of the minute of the meeting of the Licensing Committee of 19 January 2016, the Sub Committee had before it (1) an information sheet prepared by the Head of Legal and Democratic Services; (2) judgement by the Sheriff; (3) correspondence from the Chief Constable, Police Scotland, c/o Aberdeen City Division; and (4) a range of documents submitted by the applicant.

As a preliminary matter, the applicant’s Counsel referred to the Sheriff’s judgement that a differently constituted committee should reconsider the application and therefore objected to the current membership of the Sub Committee.  He moved that any Member on the Sub Committee who had previously considered the application should stand down or be substituted for this item of business.

The Sub Committee heard from Police Scotland regarding the preliminary matter.

Thereafter, Members considered the preliminary matter, during which it was proposed that a deferral of the application would be required in order to accommodate the matter raised.  Both the applicant’s Counsel and Police Scotland’s Counsel spoke in response to the proposed deferral.

The Sub Committee resolved:

(i)         to defer consideration of the application to a further meeting of the Sub Committee to be held on a mutually agreeable date and that the membership of the Sub Committee at that time would not include Members who had previously considered the application;  and

(ii)        to request officers to confirm the procedure to be adopted at the meeting with both parties.

- SCOTT CARLE, Convener