Agenda item
CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR GRANT OF TAXI OPERATOR'S LICENCE (D LAIRD, KINGARTH, ISLE OF BUTE)
Minutes:
The Chair welcomed everyone to the meeting and introductions were made. Thereafter he outlined the procedure that would be followed and invited the Applicant’s representative to speak in support of the Application.
Applicant
Mrs MacLeod apologised for Mr Laird’s absence at this
hearing and explained the reason for this.
She advised that Mr Laird was born in Dunoon in 1963 and moved to
Bonnybridge during his school years. She
advised that he moved to Rothesay in 1984 where he worked as mechanic in a
garage owned by an ex Provost of Argyll and Bute District Council. She advised that he worked as a mechanic
during the week and in the evenings and at weekends worked as a taxi driver for
the garage. She advised that Mr Laird
settled down and married in Rothesay and had three children who have since left
school. She advised that Mr Laird moved
to
As Inspector Watson had no questions the Chair invited him to speak in support of the Police objection.
Police
Inspector Watson advised that he and Ms Murray were representing the Area Inspector for Rothesay and that they were not recommending that this application be endorsed for a number of reasons. He advised that as a public service the Police demand a high standard of integrity from a taxi driver and that there were two issues that required to be addressed. The first was in relation to endorsements. He advised that the Applicant had only listed two endorsements on his application form and that he was in fact charged with three separate offences, one for drink driving, one for careless driving and one for failing to stop and report a road accident. The second issue was that the Applicant had still to apply for insurance which the Applicant will find will be high as a result of the drink driving offence. Inspector Watson advised that for the reasons stated above the Police were not recommending that the Applicant be granted a Taxi Operator’s Licence.
As Mrs MacLeod had no questions the Chair invited questions from Members.
Members’ Questions
Councillor Kinniburgh referred to three judgements being
handed out at the
Mrs MacLeod advised that she did not think it was Mr Laird’s intention to deceive and that this was down to a lay person filling out the application form.
Inspector Watson confirmed that there were three endorsements and that he was not sure why only two were on the Applicant’s driving licence.
Councillor McNaughton sought clarification on where Mr Laird
would be operating his business and Mrs MacLeod advised that it was his
intention to operate throughout
The Chair reminded Members of the need to consider the issue of over provision and that there had been no evidence presented to show that there was unmet demand.
The Chair invited Inspector Watson and Mrs MacLeod to sum up.
Summing Up
Police
Inspector Watson advised that the Police were not recommending that this application be granted.
Applicant
Mrs MacLeod advised that Mr Laird deeply regretted what had happened
and that he has made sure he has not been in trouble since or before then. She advised that he was a hard working man
who wanted to provide a service on
The Chair asked Mrs MacLeod and Inspector Watson to confirm they had received a fair hearing and they both confirmed this to be the case.
Discussion
Councillor Trail advised that this was quite a difficult hearing. He stated that Mrs MacLeod had given a very good character reference for the Applicant who had made a mistake. Against that there was the Police recommending that he was not a fit and proper person to hold a Taxi Operator’s Licence and that he had to give a fair bit of weight to that and therefore he was really reluctant to agree to give Mr Laird a licence.
Councillor Kinniburgh advised that he was like minded to his colleague. He advised that the Police have given a statement that Mr Laird is not a fit and proper person to hold a Taxi Operator’s Licence and that he was of that opinion too. He advised that he found it hard to believe that Mr Laird had forgotten to include the third endorsement on his application form and that he felt he was trying to hide this information from the Members.
Councillor McNaughton advised that he was prepared to accept Mrs MacLeod’s reasoning and that Mr Laird had accepted that he should not have driven the car. If Mr Laird now wished to make something of his life he was minded to give him a chance and asked if it would be possible to grant a licence for a shorter period.
The Head of Governance and Law confirmed that if the Committee wished they could grant a licence for a shorter period that the normal period.
Councillor MacDougall advised that he supported what Councillor McNaughton was saying.
Councillor MacMillan advised that he had sympathy for the people who wished to give Mr Laird a chance.
Motion
That Mr Laird was a fit and proper person and to grant him a Taxi Operator’s Licence for a period of 12 months.
Moved by Councillor Alex McNaughton, seconded by Councillor Donald MacMillan
Amendment
That Mr Laird was not a fit and proper person to hold a Taxi Operator’s Licence and that even if the survey about to be carried out establishes that there was an unmet demand for taxis on Bute Mr Laird would still not be a fit and proper person to hold a Taxi Operator’s Licence and that his application should be refused.
Moved by Councillor David Kinniburgh, seconded by
The Motion was carried by 5 votes to 3 and the Committee resolved accordingly.
Decision
To grant Mr Laird a Taxi Operator’s Licence for a period of 12 months.
(Reference: Report by Head of Governance and Law, submitted)