Agenda and minutes

Apologies for absence were received from Councillors Audrey Forrest, Willie Hume, Mark Irvine and Paul Kennedy.

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 Licence Holder opted to proceed by way of audio call and joined the meeting by telephone.

It was noted that Mr Tyreman had not received 14 days notice of this hearing as his letter had only arrived in the post on 15 August 2022.  He confirmed that he was content with the hearing proceeding today.

A report advising that the Council were seeking to vary the conditions applicable to taxi licence number 6578 held by Mr Morgan Tyreman by reinstating the condition that was imposed when the licence was granted at a hearing of the Committee on 21 April 2021.

The Chair outlined the procedure that would be followed and invited the Licence Holder to speak in relation to the proposal to vary his licence.

LICENCE HOLDER

Mr Tyreman referred to the condition missed off his licence when it was renewed and advised that he would be happy for this to be reinstated.  He said that he understood that it was a technical issue that had led to it being omitted when his licence was renewed.

MEMBERS’ QUESTIONS

Councillor Green asked Officers if the condition was reinstated, would Mr Tyreman’s vehicle meet that condition.  Ms Macdonald explained that it was her understanding that Mr Tyreman’s vehicle was a hybrid.  She said that it was a separate issue as to whether or not his vehicle would meet that condition if it were reinstated.  Mrs MacFadyen said that it could be a matter for a separate hearing and that the complainant would be invited to that hearing.

Mr Tyreman commented that the Legal Team had been provided with a copy of written confirmation from the manufacturer that this was an electric vehicle.  He said that it was his understanding that the condition was that he should have an electric vehicle and that it did not stipulate a 100% electric vehicle.  He advised that as it was for an electric vehicle he would be happy for the condition to be reinstated.

Councillor Howard asked if the Committee could wait to make a decision on this until after it had been confirmed whether or not the vehicle would meet the condition if it was reinstated.  Mrs MacFadyen advised that the matter before the Committee today was to determine whether or not to reinstate the condition and that only if it was reinstated in its original format would it be necessary to hold another hearing as the Applicant and the complainant would need to be given the opportunity to respond to the issue of whether or not the vehicle met the criteria of the condition.

Councillor Armour sought and received confirmation from Mrs MacFadyen that if the condition was not reinstated, then the Licence Holder would be subject to the standard conditions of a taxi licence.  She pointed out that this condition was put on his licence by the Members of the PPSL Committee in April 2021.  If the Members had not put that condition on, then it would have been the standard conditions that would have applied.

Councillor Armour asked if it would be wrong to say that it would not be in the Licence Holder’s interest to have this condition.  Mrs MacFadyen said that Mr Tyreman had advised that he would be happy for the condition to the reinstated.

Councillor Green asked if it would be possible for the Committee to apply a different condition, such as one that stated that the vehicle could also be a plug-in electric hybrid vehicle.  Mrs MacFadyen said that this would be a matter for the Committee to decide.  She advised that the original licence was granted on condition that the vehicle was substituted within 6 months.

Councillor Green sought and received confirmation from Mrs MacFadyen that it would be a matter for the Committee to decide whether to reinstate, or not reinstate or add any other condition.

Councillor Wallace asked why the condition was placed on the licence in the first place.  Mrs MacFadyen advised that at the meeting on 21 April 2021 there was a detailed discussion regarding objections to the application.  She said that the Applicant himself had said that he was going to have an electric vehicle and that it would be the first 100% electric vehicle in Scotland.  She advised that a vote was taken on a Motion to refuse the application and on an Amendment to agree to grant the licence on condition that the Applicant would substitute his vehicle for an electric vehicle within 6 months, and that the Amendment was carried.

Mr Tyreman advised that it had been his original plan to acquire the vehicle referred to at the hearing but in the end this type of vehicle was not available so he went for a vehicle as close as possible to that.  He said that he had an electric vehicle which ran for the majority of the time on electric.  He advised that it had a purpose built ramp.  He referred to the letter from the manufacturer confirming that it was an electric vehicle and he commented on the complainant being fixated on the vehicle not being 100% electric.  He said that he had not tried to deceive anyone and that even if the condition was reinstated, he would not be changing the vehicle.

Mrs MacFadyen suggested that the Committee may wish to continue consideration of this matter to allow for more information on the vehicle to be made available to the Committee.

Councillor Green commented that it was his understanding the Committee were being asked whether or not to reinstate the condition and that advice from Officers was that whether or not the vehicle would comply with this condition was a separate matter.  Mrs MacFadyen acknowledged that this  ...  view the full minutes text for item 3.