Agenda and minutes

Apologies were received from Councillors Audrey Forrest and Sandy Taylor

There were no declarations of interest.

Report by Head of Legal and Regulatory Support

The Chair welcomed everyone to the meeting.  In line with recent legislation for Civic Government Hearings, the parties (and any representatives) were given the options for participating in the meeting today.  The options available were by video call, by audio call or by written submission.  For this hearing the Applicant opted to proceed by way of video call and joined the meeting by MS Teams.  Police Scotland opted to proceed by way of audio call and Sgt Maginnis joined the meeting by telephone.

The Chair then outlined the procedure that would be followed and invited the Applicant to speak in support of his application.

APPLICANT

Mr Hutchinson said he understood why the objection had been brought forward as the evidence did not look good.  He advised that 5 to 6 years ago, when the incidents occurred he was not in a good way.  He had problems at home, problems with family and that he was just not in a good place.  He acknowledged that his mistakes were serious.  He said that 5½ years on his life had totally turned around for the better.  He advised that he has been fully employed for 4 years and in that time he had gained promotion twice.  He also gained his HGV licence and had a family with 2 children and a girlfriend he provided for.  He said that was why he was submitting this application as he wanted to provide for his family.  He advised that he was embarrassed and ashamed about the offences.  He said that at the time in 2015 when it happened he lost his job due to the offence and that he felt that he had served his time and he just wanted a chance to provide for his family.  He advised that he was fully employed but as could be seen in the news and the papers, life was getting harder for everyone.  He said that he was in a totally different place and would like the opportunity to work and provide for his family.  He advised that he has been given the opportunity help out at his family’s local taxi firm.  He said he would not quit his current job as he would just be helping out the taxi firm when needed.

POLICE SCOTLAND

Sgt Maginnis referred to a letter dated 29 November 2021 which advised that the Chief Constable objected to this application on the grounds that the Applicant was not a fit and proper person to be the holder of a licence by virtue of convictions Mr Hutchinson received at Court on 14 September 2009 and 29 September 2015.

MEMBERS’ QUESTIONS

Councillor McCuish sought and received confirmation from Mr Hutchinson that the Council put him through his HGV licence. 

Councillor McCuish asked Mr Hutchinson if he had to declare his convictions when he applied.  Mr Hutchinson said he did not.  He advised that he had to go for a medical and an eye test and that he passed both. 

Councillor McCuish sought and received confirmation from Mr Hutchinson that he drove lorries, gritters, tractors and all sorts of other vehicles in his job with the Council.

Councillor Trail noted that Mr Hutchinson had said he was fully employed.  He asked how he would be able to do the taxi work.  Mr Hutchinson explained that the taxi job would be just to help out on the weekends and for events such as the Whisky Weekend.  He said it would not interfere with his other employment.

Councillor Trail asked why Mr Hutchinson was applying for a private hire driver licence if he was going to work for a taxi firm.  He asked if a taxi driver was different from a private hire driver.  Mr McMillan advised that the application was for a private hire driver to drive a private hire car.  He said he believed the operator was a private hire operator that Mr Hutchinson proposed working for.

Councillor Moffat referred to Mr Hutchinson driving lorries and gritters and commented that it would be unfortunate if he was not able to drive a private hire car.  She asked Mr Hutchinson if he would agree.  Mr Hutchinson replied yes.  He said that he felt he had moved on so much with his life.  He acknowledged that to drive HGVs was a massive responsibility and that he knew every time he went out in that vehicle he had peoples’ lives in his hands.  He said that if he could do that, and advised that he did so very professionally, he felt he could be a taxi driver.

Councillor Colville asked Mr Hutchinson what had brought him to Islay.  Mr Hutchinson advised that he used to install soft surface flooring for play areas and 15 years ago, when working on Islay, he first met his girlfriend.  He said that they lost touch while he was working around England and Wales and that 5 years ago they got back in touch.  He came back to Islay and fell in love with it and the rest was history.  He did not want to go back home.  He advised that he and his girlfriend had a baby together and she also had another child.  Their children were now 9 years and almost 2 years old.

Councillor Colville sought and received confirmation from Mr Hutchinson that he would be driving for his girlfriend’s uncle.

Councillor Colville asked Mr Hutchinson why he did not declare his convictions on his application form.  Mr Hutchinson advised that this had been an error.  He thought that he did not need to due to the time that has passed since they occurred.  He apologised for his mistake.

Councillor Devon sought and received confirmation from Mr Hutchinson that he worked for Argyll and Bute Council in the Roads Department on Islay.  He said that in March he would be there 4 years and during that time he had gained promotion twice, going up the grades.  He advised that he loved his job and liked working for the Council.

Councillor  ...  view the full minutes text for item 3.