Agenda and minutes

Venue: By Microsoft Teams

Contact: Fiona McCallum Tel. No. 01546 604392 

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillors John Armour, Audrey Forrest, Mark Irvine and Andrew Kain.

2.

DECLARATIONS OF INTEREST

Minutes:

There were no declarations of interest.

3.

CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR GRANT OF A TAXI DRIVER LICENCE (T JONES, LOCHGILPHEAD)

Report by Head of Legal and Regulatory Support

Minutes:

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 Microsoft Teams.

 

Police Scotland opted to proceed by way of audio call and Sergeant David Holmes joined the meeting by telephone.

 

The Chair referred to a preliminary matter and advised that Police Scotland had requested the Committee take account of a number of spent convictions the Applicant had which were considered “protected” in terms of the Rehabilitation of Offenders Act 1974.  It was noted that the Committee may take into consideration evidence relating to spent convictions, protected matters, and similar where they were satisfied that justice could not be done except by admitting such evidence.

 

The Chair outlined the procedure that would be followed in this respect and invited Police Scotland to address the relevancy of the protected matters to this application.

 

POLICE SCOTLAND

 

Sergeant Holmes advised that there were various spent convictions that were protected and that in line with public safety it was the Chief Constable’s contention that justice could not be done in this case except by admitting this evidence into the process so that the full facts were in front of the Committee prior to determination of this application from Mr Jones.

 

The Chair then invited the Applicant to ask Police Scotland questions and to address the relevancy of the protected matters to his application.

 

APPLICANT

 

Mr Jones said he was not sure exactly what the protected matters were but that he would have no problem with them being made available to the Committee.  He confirmed that he had no questions for Police Scotland.

 

The Chair then invited Police Scotland to comment on the Applicant’s submission and Sergeant Holmes confirmed that he had nothing further to add.

 

The Chair then invited the Members to ask questions and determine the relevancy of the protected matters.

 

MEMBERS’ QUESTIONS AND DEBATE

 

Councillor Blair sought and received confirmation from Mr Jones that all of his convictions were of a similar nature.

 

Councillor Kennedy asked Sergeant Holmes why some convictions were protected and some were not.  Sergeant Holmes referred to the Rehabilitation of Offenders Act 1974 and explained that it depended on the time of a conviction, the age of the offender and the disposal of a case.

 

The Committee agreed that the protected matters should be taken into consideration and a copy of the detail of these was circulated to the Committee.

 

A short adjournment was taken and the Chair then outlined the hearing procedure that would be followed and invited the Applicant to speak in support of his application.

 

APPLICANT

 

Mr Jones referred to the objection to his application due to his previous convictions and advised that he would be happy to explain what these were about.  He advised that since the last conviction he had lived in Ukraine but then had to leave at the start of the war in 2022.  He said that while in Ukraine he taught English and had military training.  He and his family moved to England in March 2022 just after the war started.  He said they lived in London for 4 months before moving to Ardrishaig and then Lochgilphead and that he currently worked for a breakdown recovery company.  He said that since moving to the area he had also worked in a local pub and that he continued to teach English online.  He said his employer at the Stag Garage was very pleased with his work and that he had received good reviews online. 

 

Mr Jones advised that it was suggested to him by various people in the local community that he should apply to be a taxi driver.  He said that he and his family had been accepted by the community and that they had received a lot of help and that he would like to put something back into the community and thought that this type of work would benefit him, his wife and family, and the community.  He referred to his past which, he said, he could not deny and that he would be happy to answer any questions the Committee may have.

 

QUESTIONS FROM POLICE SCOTLAND

 

Sergeant Holmes confirmed that he had no questions.

 

POLICE SCOTLAND

 

Sergeant Holmes referred to a letter from the Divisional Commander dated 21 April 2023 which advised that the Chief Constable objected to this application on the grounds that the Applicant was not a fit a proper person to be the holder of a licence by virtue of five convictions dated 26 June 2008, 12 September 2012, 26 August 2013, 13 February 2014 and 13 March 2014 which he explained the detail of.

 

He also referred to a further letter dated 21 April 2023 which outlined seven spent convictions which were considered “protected” in terms of the Rehabilitation of Offenders Act 1974, which he also explained the detail of.

 

QUESTIONS FROM APPLICANT

 

Mr Jones advised that he had no questions.

 

MEMBERS’ QUESTIONS

 

Councillor Blair referred to the conviction dated 8 June 1988 which was out of sync from the rest, which were in date order, and he received confirmation from Sergeant Holmes that this was correct.

 

Councillor Blair asked Mr Jones to confirm if he could guarantee that since moving to Argyll things had calmed down for him and that he had since changed his ways.  He pointed out to Mr Jones that as a Taxi Driver he would be driving members of the public on behalf of the Committee and that the Committee wanted the very best people doing this.

 

Mr Jones said that there had been a long gap between now and when things went wrong from him.  He commented that his last conviction was in 2016.  He advised that his life was troubled in England and  ...  view the full minutes text for item 3.