THE MORAY COUNCIL MINUTE OF MEETING OF THE LICENSING COMMITTEE WEDNESDAY 3 JUNE 2015 COUNCIL OFFICE, ELGIN

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1 Page:1 THE MORAY COUNCIL MINUTE OF MEETING OF THE LICENSING COMMITTEE WEDNESDAY 3 JUNE 2015 COUNCIL OFFICE, ELGIN PRESENT Councillors R Shepherd (Chair), G Cowie (Depute Chair), G Alexander, J Allan, S Cree, J Divers, G Leadbitter, M McConachie, E McGillivray, A McLean, M Shand and C Tuke. APOLOGIES Apologies were intimated on behalf of Councillors M Howe and S Warren. IN ATTENDANCE Inspector G Milne, Police Scotland; Mrs M Forrest, Legal Services Manager (Litigation and Licensing); Ms H Locker, Solicitor (Litigation and Licensing) as Legal Advisor to the Committee and Mrs C Howie, Committee Services Officer as Clerk to the Committee. 1. DECLARATION OF GROUP DECISIONS AND MEMBER S INTERESTS In terms of Standing Order 20 and the Councillors Code of Conduct, there were no declarations from group leaders or spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Members interests in respect of any item on the agenda. 2. EXEMPT INFORMATION The meeting resolved that in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting during consideration of the items of business appearing at the relevant paragraphs of this minute as specified below, so as to avoid disclosure of exempt information of the class described in the appropriate paragraphs of Part 1 of Schedule 7A of the Act. Paragraph No. of Minute Paragraph No. of Schedule 7A MINUTE OF THE LICENSING COMMITTEE DATED 8 APRIL 2015 The Minute of the Meeting of the Licensing Committee dated 8 April 2015 was submitted and approved.

2 Page:2 Under reference to Paragraph 7 of the Minute Councillor Tuke sought clarification on the outcome of Ms Locker s investigations into the alleged non-use of meters by some taxi drivers. In response Ms Locker advised that investigations were ongoing. 4. WRITTEN QUESTIONS The Committee noted that no written questions had been submitted. 5. CIVIC GOVERNMENT (SCOTLAND) ACT 1982 APPLICATION FOR GRANT OF A TAXI DRIVER LICENCE (Case No. TD/15/006) There was submitted a report by the Corporate Director (Corporate Services) inviting the Committee to consider an application for the grant of a taxi driver licence in respect of Case No TD/15/006. The Committee noted that the Applicant was present and the Objector, the Chief Constable of Police Scotland, was represented by inspector G Milne, Police Scotland. The Solicitor (Litigation and Licensing) outlined for the Committee the process to be followed for them to consider information in relation to spent convictions given that the letter received from Police Scotland, not yet circulated to the Committee, contained reference within it to these. Inspector Milne addressed the Committee on the issue of consideration of spent convictions and advised she was unfamiliar with the protocol of asking if spent convictions were to be considered and stated that in respect of taxi driver licence applications no convictions are considered spent. In response the Solicitor (Litigation and Licensing) advised that consideration of and deciding the preliminary point (of whether justice can only be done by hearing details of the spent convictions) is in accordance with Supreme Court case law and considered good practice. The Applicant addressed the Committee on the issue of spent convictions and confirmed that he had no objection to the circulation of information regarding spent convictions. The Committee agreed that justice could not be done without admitting the spent convictions and the letter received from Police Scotland was distributed to the Committee. Thereafter the Committee heard from both the Applicant and Inspector Milne and the Applicant responded to questions from the Committee. Following consideration, the Committee agreed to grant the taxi driver licence in respect of Case No. TD/15/006 for a period of 3 years.

3 Page:3 6. REVIEW OF TAXI LICENSING Under reference to paragraph 7 of the Minute of the meeting of this Committee dated 7 May 2014 there was submitted a report by the Corporate Director (Corporate Services) informing the Committee of progress towards implementation of various changes to taxi licensing that were agreed upon at that meeting and seeking approval for a dress code for taxi drivers. The Solicitor (Litigation and Licensing) referred Committee to the proposed dress code, attached at Appendix 1 of the report, and to the Equalities Impact Assessment, attached as Appendix 2 of the report. During discussion in regard to the proposed dress code Councillor Tuke stated that, in his opinion the dress code would not be enforceable and moved that it be removed. Councillor Alexander seconded the motion. As an amendment Councillor McGillivray, seconded by Councillor Divers, moved to accept the dress code as detailed in Appendix 1 of the report. On a division there voted:- For the Motion (3) For the Amendment (9) Councillors Tuke, Alexander and McConachie Councillors McGillivray, Divers, Allan, Cowie, Cree, Leadbitter, McLean, Shand and Shepherd Abstentions (0) Accordingly the amendment became the finding of the meeting and the dress code as detailed in Appendix 1 of the report was agreed. Thereafter, the Committee agreed to: (i) (ii) note the progress made towards implementation of the various changes agreed by the Committee in May 2014; and the dress code for taxi drivers as detailed in Appendix 1 of the report. 7. CIVIC GOVERNMENT (SCOTLAND) ACT 1982 MANDATORY REVIEW OF TAXI FARES AND CHARGES There was submitted a report by the Corporate Director (Corporate Services) inviting the Committee to consider the responses received as part of the formal consultation carried out in relation to the review of the maximum fares and charges applicable to taxis and, in light of those responses, to agree a new fare card. There are no powers delegated to Officers in this regard. Following consideration, the Committee agreed to:

4 Page:4 (i) (ii) (iii) note the responses received from the formal public consultation carried out in relation to the review of the maximum fares and charges applicable to taxis in Moray; no change to the maximum fares and charges applicable to taxis in Moray to have effect from 7 August 2015; and instruct the Head of Legal and Democratic Services to implement the new fare card on that date. 8. QUESTION TIME Councillor Leadbitter referred to a disconnect in how spent convictions are handled between the Council and Police Scotland and queried if a better system could be put in place prior to the next meeting of this Committee. In response the Legal Services Manager (Litigation and Licensing) referred to the legal advice regarding the process for considering spent convictions, that the issue was one of how the paperwork was handled around this and agreed to meet with Inspector Milne to discuss the matter outwith the meeting. 9. CIVIC GOVERNMENT (SCOTLAND) ACT 1982 POSSIBLE SUSPENSION OF A TAXI DRIVER LICENCE (CASE NO STD/15/001) [PARA 14] Under reference to paragraph 9 of the minute of this Committee dated 8 April 2015 there was submitted a report by the Corporate Director (Corporate Services) inviting the Committee to consider what action to take in relation to the Chief Constable s request for a suspension of a taxi driver licence, under Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 in respect of Case No. STD/15/001 which had been deferred to allow time for further information, if not disposal, of the licence holders pending court case. The Committee noted that the licence holder was not present and that the Chief Constable of Police Scotland was represented by Inspector G Milne, Police Scotland. The Solicitor (Litigation and Licensing) circulated to the Committee a letter received from the licence holder to explain his absence. Inspector Milne addressed the Committee and advised that the court case was no further forward and queried if the Committee wished her to go over her points re suspension or if the Committee was satisfied that it had heard these last time. Following some discussion Inspector Milne addressed the Committee on their consideration of pending cases and outlined the circumstances surrounding the pending case. Thereafter Councillor Tuke stated that due to the person involved having prior driving offences and despite repeat tests still driving carelessly, he agreed with Police Scotland and moved to revoke the licence. Councillor Alexander seconded the motion.

5 Page:5 Councillor Cree referred to the serious circumstances surrounding the current court case and expressed concern that the licence holder was not here today to answer questions. The Legal Services Manager (Litigation and Licensing) advised that the Committee could only suspend a licence and that for the unexpired portion of the licence, and taking account of the licence expiry date and period for appeal as advised by the Solicitor (Litigation and Licensing) then the suspension would only be effective from 1 July. In light of the advice given by the Legal Services Manager (Litigation and Licensing) and the Solicitor (Litigation and Licensing) and in response to a query in regard to the competency of the amendment, Councillor McLean agreed to withdraw his amendment. Councillor Alexander, as seconder, advised he was in agreement. Following further discussion during which clarification was sought in regard to the legislation in respect of revoking the licence and any restrictions that may apply in regard to re-application, the Solicitor (Litigation and Licensing) advised that if a licence was revoked then the applicant would be required to wait 1 year before reapplying. Following discussion between the Legal Services Manager (Litigation and Licensing) and the Solicitor (Litigation and Licensing), the Solicitor (Litigation and Licencing) amended her advice and advised that there was no option within the legislation for revocation of a licence, only suspension. In light of this advice and a further query in regard to the competency of the motion, Councillor Tuke stated that he would be minded to amend his motion and move to suspend the licence with immediate effect. There followed further discussion as to whether or not a suspension could be applied with immediate effect as the police had not requested an immediate suspension, and the Legal Services Manager (Litigation and Licensing) advised that immediate suspension was an option for the Committee at a suspension hearing and outlined the test to be applied to this, which differed from that for a suspension under paragraph 11, following which and following further discussion, Councillor Tuke, with the agreement of Councillor Alexander as seconder, moved to suspend the licence with immediate effect. As an amendment Councillor McConachie, seconded by Councillor Alexander moved to suspend for the length of the unexpired term of the licence. On a division there voted:- For the Motion (3) For the Amendment (9) Councillors Tuke, Shepherd and Cree Councillors McConachie, Alexander, Allan, Cowie, Divers, Leadbitter, McGillivray, McLean and Shand Abstentions (0) Accordingly the amendment became the finding of the meeting and the Committee agreed to suspend the licence in respect of Case No. STD/15/001 for the unexpired portion of the said licence.

6 Page:6 Immediately following the vote, Inspector Milne requested a written Statement of Reasons. The Solicitor (Litigation and Licensing) then asked the Committee to confirm the reasons for its decision and it was noted that: (i) (ii) a request had been mad for a suspension by Police Scotland; and the Committee agreed that suspension was the correct way to deal with the matter as there is a pending driving offence case against the licence holder and a suspension was needed to protect the public. 10. CIVIC GOVERNMENT (SCOTLAND) ACT 1982 APPLICATION FOR RENEWAL OF A TAXI DRIVER LICENCE (CASE NO. TD/15/003) [PARA 14] Under reference to paragraph 9 of the minute of this Committee dated 11 February 2015 there was submitted a report by the Corporate Director (Corporate Services) inviting the Committee to consider an application for the renewal of a taxi driver s licence received on 15 December 2014 subject to adverse representations received from the Chief Constable, Police Scotland which had been deferred to allow time for the outcome of pending court proceedings to be known. The Committee noted that the Applicant was present and represented by Matthew O Neill, Cruickshank Law Practice and that the Objector, the Chief Constable of Police Scotland, was represented by Inspector G Milne, Police Scotland. The Solicitor (Litigation and Licensing) advised the Committee that a decision was needed today and that this matter could not be further deferred and thereafter confirmed that the letter received from Police Scotland, had not been circulated to the Committee, given its previous decision that justice could be done without sight of spent convictions, which were contained within the said letter. A redacted letter was then circulated to the Committee together with two letters received from the Applicant s solicitor. Thereafter the Committee heard from both Inspector Milne and the Applicant s representative and both responded to questions from the Committee. The Committee noted that information regarding spent convictions had not been redacted from the application that was circulated and queried whether they should read it. The Solicitor (Litigation and Licensing) apologised for this and confirmed that this information should not be before the Committee. Following further discussions and questioning of parties, Councillor Alexander, seconded by Councillor Shepherd, moved to grant the licence for a period of 1 year. As an amendment Councillor Tuke, seconded by Councillor McLean, moved to grant the licence for a period of 3 years. On a division there voted:- For the Motion (4) Councillors Alexander, Shepherd, Cree and McGillivray

7 Page:7 For the Amendment (8) Councillors Tuke, McLean, Allan, Cowie, Divers, Leadbitter, McConachie, and Shand Abstentions (0) Accordingly the amendment became the finding of the meeting and the Committee agreed to grant the renewal of a taxi driver licence in respect of Case No. TD/15/003 for a period of 3 years.