Issue - meetings

With reference to article 2 of the minute of the meeting of the Sub Committee of 22 March 2018, the Sub Committee had before it (1) an information note prepared by the Chief Officer - Governance in respect of the request for suspension which advised that the request had to be determined by 5 April 2018; and (2)a letter dated 21 February 2018 from the Chief Constable, Police Scotland, c/o Aberdeen City Division, which in terms of Paragraphs 11 and 12 of Schedule 1 to the Civic Government (Scotland) Act 1982, requested the suspension of the licence holder’s taxi driver’s licence.

The licence holder was not in attendance.

Constable Fyfe was in attendance on behalf of Police Scotland and spoke in support of the request for suspension from Police Scotland.

The Sub Committee asked questions of Constable Fyfe.

The Sub Committee resolved:

to agree to suspend the licence holder’s taxi driver’s licence with immediate effect for its unexpired portion in terms of Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 on the basis that the applicant was not a fit and proper person and that the licence holder be instructed to return his licence plates to the Head of Legal and Democratic Services immediately.

The Sub Committee had before it (1) an information note prepared by the Chief Officer - Governance in respect of the request for suspension which advised that the request had to be determined by 5 April 2018; and (2)a letter dated 21 February 2018 from the Chief Constable, Police Scotland, c/o Aberdeen City Division, which in terms of Paragraphs 11 and 12 of Schedule 1 to the Civic Government (Scotland) Act 1982, requested the suspension of the licence holder’s taxi driver’s licence.

The licence holder was not in attendance.

Sergeant Flett was in attendance on behalf of Police Scotland.

The Sub Committee heard from Mr Munro, Legal Advisor, who advised that the licence holder had advised that he was unable to attend today’s meeting and had ask that the request be deferred to another date to enable him to be in attendance.

The Sub Committee resolved:

to agree to defer consideration of the request for the suspension of the licence holder’s taxi driver licence to a further meeting of the Sub Committee on 3 April 2018 at 9.30am.

JOHN REYNOLDS, Convener

The Sub Committee had before it (1) a letter dated 16 January 2018 from the Chief Constable, Police Scotland, c/o Aberdeen City Division, which in terms of Paragraphs 11 and 12 of Schedule 1 to the Civic Government (Scotland) Act 1982, requested the suspension of the licence holder’s taxi driver’s licence; and (2) a letter from the licence holder.

The licence holder was in attendance, accompanied by his solicitor, Mr Flowerdew.

Sergeant Flett was in attendance on behalf of Police Scotland and spoke in support of the request for suspension from Police Scotland.

The Sub Committee asked questions of Sergeant Flett.

The Sub Committee heard from the licence holder’s solicitor in support of his case, during which, he requested that the copy of complaint from the Crown Office and Procurator Fiscal Service be circulated to those present.

The Sub Committee resolved:

to agree to circulate the copy of complaint.

The Sub Committee asked questions of the licence holder and his solicitor.

The Sub Committee resolved:

to agree to take no action.

JOHN REYNOLDS, Convener

The Sub Committee had before it a letter dated 20 November 2017 from the Chief Constable, Police Scotland, c/o Aberdeen City Division, which in terms of Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982, requested the suspension of the licence holder’s taxi driver’s licence.

The licence holder was not in attendance.

Sergeant Flett was in attendance on behalf of Police Scotland.

Sergeant Flett raised as a preliminary matter that following the submission of the letter of request from Police Scotland, proceedings had progressed and she could now provide further information verbally in respect of charges of which the licence holder was currently subject to.

The Sub Committee resolved:

to accept the further information into today’s proceedings.

Sergeant Flett spoke in support of the request for suspension from Police Scotland and provided the additional information referred to above.

The Sub Committee asked questions of Sergeant Flett.

The Sub Committee resolved:

to agree to suspend the licence holder’s taxi driver’s licence with immediate effect for its unexpired portion in terms of Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 on the basis that the applicant was not a fit and proper person and that the licence holder be instructed to return his licence plates to the Head of Legal and Democratic Services immediately.

- JOHN REYNOLDS, Convener

With reference to article 2 of the minute of the meeting of the Licensing Urgent Business Sub Committee of 27 October 2017, the Sub Committee had before it an information note prepared by the Head of Legal and Democratic Services in respect of the request which advised that any suspension imposed under paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982 expired after 6 weeks or when a decision is taken under paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982.

The licence holder was in attendance, accompanied by his trade union representative.

The Sub Committee heard from Mrs May, Legal Advisor, who provided an update in respect of the licence holder.

The licence holder’s trade union representative spoke on behalf of the licence holder.

The Sub Committee asked questions of the licence holder and his representative.

The Sub Committee resolved:

to agree to lift the suspension of the licence holder imposed under paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982 in light of the new information received.

- JOHN REYNOLDS, Convener

The Sub Committee had before it a letter dated 8 August 2017 from the Chief Constable, Police Scotland, c/o Aberdeen City Division, which in terms of Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982, requested the suspension of the licence holder’s taxi driver’s licence.

The licence holder was in attendance.

Inspector McGeough was in attendance on behalf of Police Scotland.

Inspector McGeough spoke in support of the request for suspension from Police Scotland.

The Sub Committee asked questions of Inspector McGeough.

The Sub Committee heard from the licence holder in support of his case.

The Sub Committee asked questions of the licence holder.

The Sub Committee resolved:

to agree to suspend the licence holder’s taxi driver’s licence with immediate effect for its unexpired portion in terms of Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 on the basis that the applicant was not a fit and proper person.

- JOHN REYNOLDS, Convener

The Sub Committee had before it (1) an information sheet prepared by the Head of Legal and Democratic Services in respect of the request for suspension of the licence holder; and (2) a letter dated 22 February 2017 from the Chief Constable, Police Scotland, c/o Aberdeen City Division, which in terms Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982, requested the suspension of the licence holder’s private hire car driver’s licence.

The licence holder was not in attendance.

Sergeant Flett was in attendance on behalf of Police Scotland.

Sergeant Flett spoke in support of the request for suspension from Police Scotland.

The Sub Committee resolved:

to agree to suspend the licence holder’s private hire car driver’s licence with immediate effect for its unexpired portion in terms of Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 on the basis of that the applicant was not a fit and proper person.

- MARIE BOULTON, Convener

The Sub Committee had before it (1) an information sheet prepared by the Head of Legal and Democratic Services in respect of the request for suspension and the licence holder; and (2) a letter dated 19 January 2017 from the Chief Constable, Police Scotland, c/o Aberdeen City Division, which in terms of schedule 1, of section 11 of the Civic Government (Scotland) Act 1982, requested the suspension of the licence holder’s window cleaner’s licence.

The licence holder was in attendance, accompanied by his wife.

Sergeant Flett was in attendance on behalf of Police Scotland.

Sergeant Flett spoke in support of the request for suspension from Police Scotland.

The Sub Committee asked questions of Sergeant Flett.

The Sub Committee heard from the licence holder in support of his case.

The Sub Committee asked questions of the licence holder.

The Sub Committee resolved:

to agree to suspend the licence holder’s window cleaner’s licence with immediate effect for its unexpired portion in terms of Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 on the basis of public safety.

MARIE BOULTON, Convener

The Sub Committee had before it (1) a letter from the Head of Legal and Democratic Services to the licence holder dated 20 January 2017; and (2) a letter dated 6 January 2017 from the Chief Constable, Police Scotland, c/o Aberdeen City Division, which in terms of schedule 1, of sections 12 and 11 of the Civic Government (Scotland) Act 1982, requested the suspension of the licence holder’s late hours catering licence.

The licence holder was in attendance, accompanied by his solicitor, Ms Wilson.

Sergeant Flett was in attendance on behalf of Police Scotland.

Sergeant Flett spoke in support of the request for suspension from Police Scotland.

The Sub Committee asked questions of Sergeant Flett.

The Sub Committee heard from the licence holder’s solicitor in support of his case during which she referred to a letter from the Crown Office and Procurator Fiscal Service in respect of the current court proceedings relating to the licence holder.

The Sub Committee asked questions of the licence holder and his solicitor.

The Sub Committee resolved:

to agree to suspend the licence holder’s late hours catering licence with immediate effect for its unexpired portion in terms of Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 on the basis of public safety.

The Sub Committee had before it a letter dated 23 August 2016 from the Chief Constable, Police Scotland, c/o Aberdeen City Division, which in terms of schedule 1, paragraph 11 of the Civic Government (Scotland) Act 1982, requested the suspension a private hire car driver’s licence.

The licence holder was in attendance.

Inspector McGeough was in attendance on behalf of Police Scotland.

Inspector McGeough spoke in support of the letter of representation from Police Scotland.

The Committee asked questions of Inspector McGeough.

The Sub Committee heard from the licence holder in support of his case, during which he advised that he wished to lodge two documents in respect of his submission.  Inspector McGeough advised that he had no objection to the additional documents being entered into proceedings.

The Sub Committee resolved:

to agree that the two documents from the licence holder be entered into proceedings.

The Sub Committee asked questions of the licence holder.

The Sub Committee further resolved:

to agree to suspend the private hire driver’s licence under paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982 until the licence holder’s application to the Home Office had been concluded and to request the Licensing Team Leader to clarify with the licence holder’s solicitor the timescales in respect of the application to the Home Office being determined.

- SCOTT CARLE, Convener

With reference to article 14 of appendix B of the minute of the meeting of Licensing Committee of 14 June 2016, the Sub Committee had before it (1) a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 15 April 2016, and Sergeant Gillian Flett was in attendance; and (2) various documents submitted by the applicant in support of the application.

The applicant was present, along with four witnesses.

Sergeant Flett spoke in support of the letter of representation from Police Scotland.

The Sub Committee asked questions of Sergeant Flett.

The Sub Committee heard from the applicant and the four witnesses in support of the application.

The Sub Committee asked questions of the applicant and his witnesses.

The Sub Committee resolved:

to grant the application for a six month period with the condition that the licence holder work through a licensed booking office.

- SCOTT CARLE, Convener

With reference to article 2 of the minute of the meeting of Licensing Evidential Hearings Sub Committee of 26 May 2016, the Sub Committee had before it a letter dated 25 April 2016 from the Chief Constable, Police Scotland, c/o Aberdeen City Division, which in terms of sections 12 and 11 of the Civic Government (Scotland) Act 1982, requested the suspension a taxi driver’s licence and a taxi licence.

The licence holder was not in attendance.  The Sub Committee heard from Mrs Ruth O’Hare who advised that the licence holder had confirmed that he had no objection to the Sub Committee continuing to consider the matter in his absence.

Sergeant Gillian Flett was in attendance on behalf of Police Scotland.

Mrs Ruth O’Hare, Legal Advisor, advised that Police Scotland wished to lodge a supplementary letter in respect of the suspension requests.  She advised that the Sub Committee might consider further representations if it was satisfied there was a sufficient reason why it was not made in the time required.

The Sub Committee heard from Sergeant Gillian Flett, Police Scotland who explained why the supplementary letter was late and should be considered today, during which she confirmed that the licence holder had received a copy.

The Sub Committee resolved:

that the supplementary letter of representation from Police Scotland be introduced to the proceedings.

Sergeant Gillian Flett spoke in support of both the letter from Police Scotland’s which requested the suspension of the licence holder’s taxi driver’s licence and taxi licence.

The Sub Committee resolved:

(i)         to agree to suspend the taxi driver’s licence with immediate effect for its unexpired portion in terms of Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982; and

(ii)        to agree not to suspend the taxi licence.

- SCOTT CARLE, Convener

With reference to article 1 of the minute of the meeting of Licensing Evidential hearings Sub Committee of 12 May 2016, the Sub Committee had before it a letter dated 25 April 2016 from the Chief Constable, Police Scotland, c/o Aberdeen City Division, which in terms of sections 12 and 11 of the Civic Government (Scotland) Act 1982, requested the suspension a taxi driver’s licence and a taxi licence.

The licence holder was in attendance, accompanied by his representative.

Sergeant Gillian Flett was in attendance on behalf of Police Scotland.

As a preliminary point, Sergeant Flett advised that she had received further information regarding the case later the previous day and wished to rely on that information in her submission.  She further advised that the licence holder and his representative had only just been made aware of this information.

The Sub Committee heard from the applicant’s representative regarding the additional information which Police Scotland had requested be entered into proceedings.  The applicant’s representative advised that they sought an adjournment to consider that information and take legal advice.  The applicant’s representative advised that they would not object to the suspension of the licences for the period of the adjournment.

The Sub Committee resolved:

to assign a further meeting of the Sub Committee on a date suitable for all to enable the licence holder to consider the new information and take legal advice; and to agree to suspend the taxi driver’s licence and taxi licence under paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982 until the date of the next meeting.

- SCOTT CARLE, Convener

The Sub Committee had before it a letter dated 25 April 2016 from the Chief Constable, Police Scotland, c/o Aberdeen City Division, which in terms of sections 12 and 11 of the Civic Government (Scotland) Act 1982, requested the suspension a taxi driver’s licence and a taxi licence.

A representative from Police Scotland was not present.

The taxi driver was in attendance and spoke in support of his case.

The Sub Committee asked a number of questions of the taxi driver.

The Sub Committee resolved:

to defer consideration of both the taxi driver’s licence and taxi licence suspension requests until a further meeting of the Sub Committee on 26 May 2016 to enable (1) the taxi driver to undertake a medical assessment with the Licensing Committee’s nominated Occupational Health Service Provider (OH Assist); and (2) for a representative from Police Scotland to be in attendance.

- SCOTT CARLE, Convener