LICENSING AND REGISTRATION PANEL

 

TUESDAY 19 JANUARY 1999 - 3.00 pm

 

Present:-  Councillors Calvert, Morrison (D), Roach, Nimmo and Rebecchi, Councillor Morrison (D), Convener, in the Chair.

 

In attendance:-  Mr H McNeilly (for the Executive Director Legal, Information & Support Services) and the Director of Central Services.

 

Apologies for absence were intimated on behalf of Councillors Clocherty and Sir Simpson Stevenson.

 

The following paragraphs are submitted for information only, having been dealt with under the powers delegated to the Panel.

 

     75      ADDITIONAL AGENDA ITEMS                                                                                                             75

 

The Convener referred to two reports by the Executive Director Legal, Information & Support Services on applications for Taxi Licences submitted by Robert McGeachy and Henry Black.  The Convener indicated that consideration of the items was urgent to inform the Panel of the action taken and moved that the items be added to the Agenda.  This was unanimously agreed in terms of the relevant Standing Order.

 

     76      APPLICATION FOR SECOND HAND DEALER'S LICENCE:                                                              76

JOHN PEARSON (MOTORS) 1924 LTD

 

SUBMITTED:  Report dated 8 January 1999 by the Executive Director Legal, Information & Support Services on an application by John Pearson (Motors) 1924 Ltd to allow the sale of second-hand cars from premises known as The Garage, Wemyss Bay.

DECIDED:  That the application be granted.

 

     77      APPLICATION FOR SECOND HAND DEALER'S LICENCE:                                                              77

MANOR VEHICLES (TURIN) LTD

 

SUBMITTED:  Report dated 8 January 1999 by the Executive Director Legal, Information & Support Services on an application for a Second Hand Dealer's Licence by Manor Vehicles (Turin) Ltd to allow the sale of second-hand cars from premises at 92 Manor Crescent, Gourock.

DECIDED:  That the application be granted.

 

     78      APPLICATION FOR SECOND HAND DEALER'S LICENCE:                                                              78

ARNOLD CLARK AUTOMOBILES LTD

 

SUBMITTED:  Report dated 8 January 1999 by the Executive Director Legal, Information & Support Services on an application for a Second Hand Dealer's Licence by Arnold Clark Automobiles Ltd to allow the

sale of second-hand cars from premises at (a) 60 East Hamilton Street, Greenock and (b) 9/15 Port Glasgow Road, Greenock.

DECIDED:  That the applications be granted.

 

     79      TAXI DRIVER'S LICENCES:  STANDARDS OF FITNESS:  PERSONS SUFFERING                        79

FROM EPILEPSY

 

SUBMITTED:  Report dated 11 January 1999 by the Executive Director Legal, Information & Support Services advising that the Council's medical adviser, Dr Sykes, had intimated that the Council would have to consider its current policy and practice in determining the relevant standard of fitness for applicants for a Taxi Driver's Licence, in particular persons suffering from epilepsy, following new guidelines issued by the Driver and Vehicle Licensing Agency.   Dr Sykes was present and advised the Panel on the new guidelines.

DECIDED:  That the report be continued for further information on the proposals set out in the report and the matters raised by Members.

 

     80      APPLICATION FOR TAXI LICENCE:  ROBERT McGEACHY                                                            80

 

SUBMITTED:  Report dated 14 January 1999 by the Executive Director Legal, Information & Support Services on an application for a Taxi Licence by Robert McGeachy.  The report advised that Mr McGeachy had omitted to make timeous application for renewal of his licence prior to its expiry and advised that authority had been received using the procedure under Standing Order 66 to grant Mr McGeachy a Taxi Licence.

NOTED

 

     81      APPLICATION FOR TAXI LICENCE:  HENRY BLACK                                                                      81

 

SUBMITTED:  Report dated 14 January 1999 by the Executive Director Legal, Information & Support Services on an application for a Taxi Licence by Henry Black.  The report advised that Mr Black had omitted to make timeous application for renewal of his licence prior to its expiry and advised that authority had been received using the procedure under Standing Order 66 to grant Mr Black a Taxi Licence.

NOTED

 

     82      RESOLUTION:  EXCLUSION OF PUBLIC AND PRESS                                                                      82

 

On the motion of the Convener it was agreed unanimously that, in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 as amended, the public and press be excluded from the meeting during consideration of the undernoted items of business on the grounds that consideration of the items involved the likely disclosure of exempt information as defined in paragraph 6 of Part I of Schedule 7(A) of the Act.

 

     83      APPLICATION FOR TAXI DRIVER'S LICENCE:  JOHN ALLAN                                                       83

 

SUBMITTED:  Report dated 11 January 1999 by the Executive Director Legal, Information & Support Services on an application for a Taxi Driver's Licence by John Allan following a representation from Dr Sykes, the Council's medical adviser, advising that he did not consider Mr Allan to be a fit and proper person to hold such a licence by virtue of his medical condition.  The Panel heard Dr Sykes on the representation received and Mr Allan in support of his application.

DECIDED:  That the application be continued to the next meeting of the Panel to allow for further investigation of the applicant's medical condition.

 

     84      APPLICATION FOR TAXI DRIVER'S LICENCE:  THOMAS J BOYLE                                               84

 

SUBMITTED:  Report dated 24 December 1998 by the Executive Director Legal, Information & Support Services on an application for a Taxi Driver's Licence by Thomas Boyle following a representation from Dr Sykes, the Council's medical adviser, advising that he does not consider Mr Boyle to be a fit and proper person to hold such a licence by virtue of his medical condition.

DECIDED:  That the application be refused.

 

     85      SUSPENSION OF TAXI DRIVER'S LICENCE:                                                                                      85

APPLICATION FOR TAXI DRIVER'S LICENCE:  NEIL HAGGARTY

 

SUBMITTED:  Report dated 23 December 1998 by the Executive Director Legal, Information & Support Services on (a) the temporary suspension of Mr Haggarty's Taxi Driver's Licence and (b) his application to renew his Taxi Driver's Licence.  The Panel heard Dr Sykes on his representation with regard to Mr Haggarty's medical condition, Mr Ball, agent for the applicant, and Mr Haggarty.

DECIDED:

(a)  That consideration of both the suspension and the application for renewal be continued until the next meeting of the Panel for further investigation into Mr Haggarty's medical condition;  and

(b)  That, to allow such further investigation, Mr Haggarty's licence be the subject of a further temporary suspension for six weeks to the next meeting of the Panel.

 

     86      APPLICATION FOR TAXI DRIVER'S LICENCE:  KEVIN GILLESPIE                                                86

 

SUBMITTED:  Report dated 21 December 1998 by the Executive Director Legal, Information & Support Services on an application for a Taxi Driver's Licence by Kevin Gillespie following an objection by the Chief Constable that the applicant is not a fit and proper person to hold such a licence by virtue of his previous convictions, including his spent convictions.  The Panel heard Superintendent Fleming and Mr Gillespie.

DECIDED:  That the application be refused.

 

     87      APPLICATION FOR TAXI DRIVER'S LICENCE:  SEAN KANE                                                         87

 

SUBMITTED:  Report dated 8 January 1999 by the Executive Director Legal, Information & Support Services on an application for a Taxi Driver's Licence by Sean Kane following an objection by the Chief Constable that the applicant is not a fit and proper person to hold such a licence by virtue of his previous convictions.  It was noted that the application had been considered by the Panel at the previous meeting at which Mr Kane failed to appear but that the Director of Central Services had confirmed that there was sufficient reason to accept a further application to allow him to have a hearing.  The Panel heard Superintendent Fleming and Mr Kane.

DECIDED:  That the application be refused.

 

     88      APPLICATION FOR TAXI DRIVER'S LICENCE:  GABRIEL THAIN                                                  88

 

SUBMITTED:  Report dated 23 December 1998 by the Executive Director Legal, Information & Support Services on an application by Gabriel Thain to renew his Taxi Driver's Licence following an objection by the Chief Constable that the applicant is not a fit and proper person to hold such a licence by virtue of his previous convictions.  The Panel heard Superintendent Fleming and Mr Thain.  Following discussion, Councillor Morrison (D) moved that the application be granted.  As an amendment, Councillor Roach moved that the application be refused.  On a vote, 2 Members voted for the motion and 2 for the amendment.  There being equality in voting, the Chairman exercised his casting vote in favour of the motion which was declared carried.

DECIDED:  That the application be granted.

 

     89      APPLICATION FOR TAXI DRIVER'S LICENCE:  MARK BLACK                                                      89

 

SUBMITTED:  Report dated 24 December 1998 by the Executive Director Legal, Information & Support Services on an application for a Taxi Driver's Licence by Mark Black following an objection by the Chief Constable that the applicant is not a fit and proper person to hold such a licence by virtue of his previous convictions.  The Panel heard Superintendent Fleming, Mr McGhee, agent for the applicant, and Mr Black.  Following discussion, Councillor Roach moved that the application be granted.  As an amendment, Councillor Calvert moved that the application be refused.  On a vote, 2 Members voted for the motion and 3 for the amendment which was declared carried.

DECIDED:  That the application be refused.

 

     90      APPLICATION FOR TAXI DRIVER'S LICENCE:  NEIL HART                                                            90

 

SUBMITTED:  Report dated 24 December 1998 by the Executive Director Legal, Information & Support Services on an application for a Taxi Driver's Licence by Neil Hart following an objection by the Chief Constable that the applicant is not a fit and proper person to hold such a licence by virtue of his previous convictions, including his spent convictions.  The Panel heard Superintendent Fleming, Mr Ball, agent for the applicant, and Mr Hart.

DECIDED:  That the application be granted.