Agenda and minutes

Venue: BY SKYPE

Contact: Fiona McCallum Tel. No. 01546 604392 

Items
No. Item

Members were asked to suspend Standing Order 5.4 – the Member who is presiding at the meeting must do so from the specified location for the meeting and cannot join by video conferencing. 

 

The requisite two thirds of Members present agreed to suspend Standing Order 5.4 to enable discussion of report on the Agenda.

1.

APOLOGIES FOR ABSENCE

Minutes:

An apology for absence was received from Councillor Audrey Forrest.

2.

DECLARATIONS OF INTEREST

Minutes:

There were no declarations of interest.

3.

CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR RENEWAL OF TAXI DRIVER LICENCE (NUMBER 5680) (S MATHIESON, DRUMLEMBLE, CAMPBELTOWN)

Report by Head of Legal and Regulatory Support

Minutes:

The Chair welcomed everyone to the meeting and introductions were made.  He then outlined the procedure that would be followed and invited the Applicant, who was joining the meeting by phone, to speak in support of his application.

 

APPLICANT

 

Mr Mathieson advised that he had been forced out of his job at the start of March when he was paid off by Wind Towers.  He referred to 7 penalty points he had on his driving licence as a result of an accident he had in his own car in 2018.   Due to the present circumstances he said that he had no other work and relied on his taxi job to bring in money.  He advised that he was currently working for his uncle who had a taxi business in Campbeltown and had given him the opportunity of working with him when was paid off from his job as a welder with Wind Towers.  He advised that he hoped the Committee would agree to renew his licence, even though he had points on his driving licence, as he had no other source of income.

 

The Chair then asked the Council’s Solicitor, Mr McMillan, to provide an update from Police Scotland.  Mr McMillan advised that he had received a phone call this morning confirming that Police Scotland would not be taking part in the meeting today.  They advised that their representation was the same as previously submitted and was there for Members’ information.  They also wanted to point out that they have noted that the conviction referred to in the Chief Constable’s letter was declared on the application form by the Applicant and that they have taken that into account.

 

MEMBERS’ QUESTIONS

 

Councillor Freeman advised that he was disappointed that Police Scotland were not in attendance as he would like to have sought clarity from them on what the excessive speed they referred to in their letter related to.  He said that it was also unclear whether the conviction was as a result of the accident Mr Mathieson had referred to or if this was for a different incident.  He sought clarity on this from Mr Mathieson.  Mr Mathieson explained that he had been driving on the B842 which was the road from Drumlemble to Campbeltown.  He advised that he had been driving between 55 – 60 mph and that it was raining heavily with rough winds.  He said that he lost control of his car going round a bend.  He had tried to correct it but could not and went into a field.  He said it was about 10 pm when the accident occurred and that he had been driving his own personal car and not the taxi.  He added that he was the only one in the car and there had been no collision with any other vehicle.  He confirmed that no one had been hurt and that he had got away with some minor bruising from the seat belt.

 

Councillor Colville said that he noted from the paperwork that Mr Mathieson’s current licence expired on 18 April 2020.  He sought and received confirmation from Mr Mathieson that he had been working part time when he first drove his taxi and later became full time.  He had previously worked full time for CS Wind.

 

Councillor Colville commented that he would have thought Police Scotland would have drawn this conviction to the Committee’s attention before now.  Mr McMillan explained that it was correct to say that it was open to the Police, on the date of conviction, to submit a suspension request if they were so minded.  Mr McMillan advised that he had followed this up with Sgt Maginnes in advance of today’s meeting and she had stated their position had taken account that Mr Mathieson, at the time he was convicted, had advised the licensing authority of his conviction.  Mr McMillan explained that the Head of Service at that time had seen no need to call a suspension hearing and on that basis Police Scotland said they did not feel the need to bring a suspension request of their own accord.

 

Councillor Blair asked Mr Mathieson if he drove his taxi in the same way he drove his private car.  He advised that he was perturbed to hear about people who were professional taxi drivers having accidents.  He said he knew of the personal upset accidents could cause.  He asked if Mr Mathieson had reflected on this incident, he asked if his car had been repaired and asked if he could give the Committee his absolute assurance that he would not drive his taxi in the way he drove his own car.  Mr Mathieson said he could give this assurance. He explained the personal cost to him due to the extent of the damage to his car which he had written off.  He also referred to buying a new car and said that the insurance premium had more than doubled.  He said that he had been disheartened about the entire situation and that he realised that if this was to happen with his taxi he would not be able to have his taxi licence anymore.  He gave the Committee his full assurance that he would not be driving his taxi in any sort of dangerous manner and that he would take care.  He referred to this being his uncle’s business and that he wanted to make him proud and do the best for him.

 

Councillor Kinniburgh sought and received confirmation from Mr Mathieson that the road he was driving on had a speed limit of 60 mph and that he had been driving at between 55 - 60 mph at the time of the accident. 

 

Councillor Kinniburgh sought confirmation from Mr Mathieson that he had been convicted under Section 2 of the Road Traffic Act 1988 which related to dangerous driving.  Mr Mathieson said it was a careless driving charge.

 

Councillor Kinniburgh sought clarity on this from Mr McMillan.  Mr McMillan confirmed that he had followed this up with Police  ...  view the full minutes text for item 3.