Agenda and minutes

Apologies for absence were received from Councillors Rory Colville, Lorna Douglas, Audrey Forrest, Roderick McCuish and Sandy Taylor.

There were no declarations of interest.

Report by Head of Legal and Regulatory Support

The Chair welcomed everyone to the meeting and introductions were made.  He then outlined the procedure that would be followed.

 

The Chair advised that a representation from Police Scotland had been received outwith the time period allowed by the Civic Government (Scotland) Act 1982 for making objections or representations.  He invited Sgt MacNicol to explain why the representation from Police Scotland had been submitted late. 

 

Sgt MacNicol advised that a letter dated 11 December 2019 advising of this application was received by the Dumbarton Police Office on 20 December 2019 just before the festive public holidays.  He said there was a disparity regarding the disclosed convictions on the application form as the Police system had different versions of events and they had to wait until clarity on this had been sought from the Procurator Fiscal.

 

The Chair sought the view of the Applicant as to whether or not this late representation should be taken into consideration.  Mr Fox confirmed that he was happy for the Police representation to be submitted to the Committee for consideration.

 

The Chair sought the views of Members as to whether or not this late representation should be taken into consideration.

 

The Committee agreed to take this late representation into consideration and copies were circulated.

 

The Chair then invited the Applicant to speak in support of his application.

 

APPLICANT

 

Mr Fox advised that he was applying for a Taxi Driver’s Licence as he wanted to start a company based in Oban.  He said that he wanted to start a tour operator company offering tours from Oban to Fionnphort and Staffa, and also to Glencoe and castles close to Oban.  He advised that he wanted to offer tours that could be done in a day.

 

POLICE SCOTLAND

 

Sgt MacNicol referred to a letter of representation submitted by the Chief Constable which advised of the circumstances surrounding a conviction of Assault to Injury & Permanent Disfigurement which the Applicant had received at court on 23 August 2012 as a result of an incident which took place on 28 August 2011

 

MEMBERS’ QUESTIONS

 

Councillor Trail asked why Mr Fox was applying for a Taxi Driver’s Licence and not a Private Hire Driver’s Licence if he was just going to operate tours.  Mr Fox explained that when he had asked for an application form for a Private Hire Driver’s Licence he was advised on the phone to apply for a Taxi Driver’s Licence as this would allow him to drive both taxis and private hire vehicles on that licence.  Mr Fox confirmed that he did not want to drive taxis, and only wanted to a drive private hire vehicle.

 

Councillor Trail sought clarification from Officers on Mr Fox applying for a Taxi Driver’s Licence instead of a Private Hire Driver’s Licence.  The Council’s Solicitor, Mr McMillan, explained that in terms of the provisions of the Act a Taxi Driver’s Licence would allow the licence holder to drive taxis or private hire vehicles which would give flexibility to provide cover for other businesses in the area.  He said that as it was only a driver application that was sought that was why this advice was given.

 

Councillor Hardie sought and received confirmation from Mr Fox that before and after his conviction he has worked at Sanda Quarry.

 

Councillor Currie asked how a Taxi Driver’s Licence corresponded to conducting tours.  Councillor Kinniburgh explained that if you held a Taxi Driver’s Licence this allowed you to drive taxis or private hire vehicles.  He advised that as Mr Fox has intimated that he wishes to do tours then he would then apply for a Private Hire Operator’s Licence.  He asked Mr McMillan if that was correct.  Mr McMillan replied yes and advised that if this licence was granted and until Mr Fox applied for an Operator’s Licence he could, if he wished, drive taxis or private hire vehicles.  He confirmed that if Mr Fox wishes to have his own business he would need to apply for an Operator’s Licence.  He said that the Taxi Driver’s Licence would open up options for employment.

 

Councillor Freeman sought and received confirmation from Officers that if Mr Fox’s application was approved today he would be able to work as a taxi driver.

 

Councillor Kinniburgh asked Mr Fox if it would be his intention to drive taxis even if he was granted a Private Hire Operator’s Licence in the future.  Mr Fox confirmed that he had no intention of being a taxi driver or working the ranks.  He said that he wanted to start his own business and wanted to apply for a driver licence first before purchasing a car.

 

Councillor Freeman asked Officers to confirm if the Committee could legally put conditions on the licence to ensure Mr Fox only operated the tours he referred to.  Mr McMillan advised that the licence issued would be a standard taxi driver licence and it would be up to the licence holder how much they wished to utilise that licence.  He said that he would advise against putting conditions on it.

 

Councillor Moffat asked Mr Fox if he had looked into setting up a tour business and if he had obtained any facts or figures and information about running the business.  Mr Fox said that he had spoken to a lot of people and had first approached Visit Scotland in their Oban office to find out what people were looking for.  He said that they had advised him that 75% of their customers were looking to book tours to Staffa and that he had a friend who owned a boat.  He said that the availability of tours to Glencoe was poor and that bus times were not the best so he hoped to fill a gap there too.  He also referred to there being many castles in the area and he hoped to offer tours to these as well.

 

Councillor Blair referred to the assault in 2011 and noted that Mr Fox had paid back his debt to society.  He pointed out  ...  view the full minutes text for item 3.