LICENSING AND REGISTRATION PANEL

 

TUESDAY 2 MARCH 1999 - 3.00 pm

 

Present:-  Councillors Calvert, Morrison (D), Clocherty, Roach, Nimmo and Rebecchi.  Councillor Roach took the Chair for the first item only and thereafter Councillor Morrison (D) assumed the Chair.

 

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

 

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

 

   254      CUTTY SARK TALL SHIPS RACE 1999                                                                                              254

 

SUBMITTED:  Report dated 10 February 1999 by the Executive Director Legal, Information & Support Services advising of the likely activities to be held during the Cutty Sark Tall Ships Race focusing principally on the Waterfront area at Greenock with a smaller centre of activity at Cathcart Square and Clyde Square, Greenock.  The report set out the proposed arrangements for temporary licensing of these activities, including the control of public processions, and sought the Panel's authority to set aside for the period of the visit its policy for permitting public charitable collections to accommodate the fund-raising activities forming part of the event.

Mrs Drummond, Event Organiser, spoke to the Panel on the activities.

DECIDED:  That the activities proposed for the Tall Ships visit and the approach to be taken in dealing with the requirements of the Civic Government (Scotland) Act 1982 under delegated authority be approved.

 

   255      REFORM OF CIVIC GOVERNMENT (SCOTLAND) ACT 1982                                                        255

 

SUBMITTED:  Report dated 10 February 1999 by the Executive Director Legal, Information & Support Services advising of the findings of the COSLA Task Group set up to consider reform of the Civic Government (Scotland) Act 1982 and seeking comments from local authorities on their proposals.

DECIDED:  That the contents of the report be noted.

 

   256      APPLICATION FOR TAXI LICENCE:  JOHN MACAULAY                                                              256

 

SUBMITTED:  Report dated 15 February 1999 by the Executive Director Legal, Information & Support Services on an application for a Taxi Licence by John MacAulay.  The report advised that Mr MacAulay 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 66A to grant Mr MacAulay a Taxi Licence.

NOTED

 

257       RESOLUTION:  EXCLUSION OF PUBLIC AND PRESS                                                                         257

 

On the motion of the Chairman 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 the respective paragraphs of Part I of Schedule 7(A) of the Act as are set opposite each item:-

 

Item                                                                                                                            Paragraph(s)

 

Taxi Driver's Licences:  Standards of Fitness:  Persons Suffering                                   12

from Epilepsy

 

Suspension of Taxi Driver's Licence:  Application for Taxi Driver's                                6

Licence:  Neil Haggarty

 

Application for Taxi Driver's Licence:  John Allan                                                         6

 

Application for Taxi Driver's Licence:  Alister Nimmo                                                   6

 

Application for Taxi Driver's Licence:  Douglas Cox                                                     6

 

Application for Taxi Driver's Licence:  James Wilson                                                    6

 

Application for Taxi Driver's Licence:  John McConnachie                                            6

 

   258      TAXI DRIVER'S LICENCES:  STANDARDS OF FITNESS:  PERSONS SUFFERING                      258

FROM EPILEPSY

 

SUBMITTED:  Report dated 10 February 1999 by the Executive Director Legal, Information & Support Services following a request by the Panel for further information on the guidelines issued by the DVLA Swansea to Medical Practitioners with regard to taxi drivers' standards of fitness.  The report advised of the implications of using the Group 2 standards of fitness for the examination of taxi drivers rather than Group 1, the practices of other Local Authorities in the area, the implications of the Council having a policy pitched between Group 1 and Group 2 standards in assessing an applicant's fitness to drive and the advisability of a policy which would distinguish between existing licenceholders and new applicants.

DECIDED:

(a)  That a policy be adopted of applying Group 2 standards, with the exception of medical examinations at five-yearly intervals from age 45, to Taxi Driver's Licences subject to the proviso that each application will be treated on its own merits and that special circumstances might exist for some drivers already licensed;  and

(b)  That it be remitted to the Executive Director Legal, Information & Support Services for a further report on the implications of introducing five-yearly medical examinations for taxi drivers.

   259      SUSPENSION OF TAXI DRIVER'S LICENCE:                                                                                    259

APPLICATION FOR TAXI DRIVER'S LICENCE:  NEIL HAGGARTY

 

SUBMITTED:  Report dated 18 February 1999 by the Executive Director Legal, Information & Support Services on the suspension of the Taxi Driver's Licence held by Neil Haggarty together with an application for a Taxi Driver's Licence by Mr Haggarty, consideration of which was continued from the last meeting.  The Panel heard Mr Ball, agent for the applicant, and Mr Haggarty, and considered a medical report submitted by Mr Haggarty's consultant.

DECIDED:  That Mr Haggarty's Taxi Driver's Licence be not suspended and that his application for renewal of his Taxi Driver's Licence be granted subject to the condition that Mr Haggarty would undergo a medical test in six months, and a further test in 12 months prior to renewal of his Taxi Driver's Licence to allow the Licensing Authority to assess whether he continues to be a fit and proper person to hold a Taxi Driver's Licence.

 

   260      APPLICATION FOR TAXI DRIVER'S LICENCE:  JOHN ALLAN                                                     260

 

SUBMITTED:  Report dated 18 February 1999 by the Executive Director Legal, Information & Support Services on an application for a Taxi Driver's Licence by John Allan, consideration of which was continued from the previous meeting to allow further investigation of Mr Allan's medical condition.  Mr Allan was present and advised the Panel that he had consulted with his own doctor but had not received any written report on his medical condition.

DECIDED:  That the application be continued for Mr Allan to submit a medical report from his own doctor.

 

   261      APPLICATION FOR TAXI DRIVER'S LICENCE:  ALISTER NIMMO                                               261

 

SUBMITTED:  Report dated 9 February 1999 by the Executive Director Legal, Information & Support Services on an application for a Taxi Driver's Licence by Alister Nimmo 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 Nimmo.  Following discussion, Councillor Roach moved that the application be refused.  As an amendment, Councillor Clocherty moved that the application be granted.  On a vote, one Member voted for the amendment and five for the motion which was declared carried.

DECIDED:  That the application be refused.

 

   262      APPLICATION FOR TAXI DRIVER'S LICENCE:  DOUGLAS COX                                                  262

 

SUBMITTED:  Report dated 9 February 1999 by the Executive Director Legal, Information & Support Services on an application for a Taxi Driver's Licence by Douglas Cox 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 Cox.  Following discussion, Councillor Nimmo moved that the application be refused.  As an amendment, Councillor Clocherty moved that the application be granted.  On a vote, 1 Member voted for the amendment and 5 for the motion which was declared carried.

DECIDED:  That the application be refused.

   263      APPLICATION FOR TAXI DRIVER'S LICENCE:  JAMES WILSON                                                 263

 

SUBMITTED:  Report dated 9 February 1999 by the Executive Director Legal, Information & Support Services on an application for a Taxi Driver's Licence by James Wilson 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 conviction.  The Panel heard Superintendent Fleming and Mr Wilson.  Following discussion, Councillor Rebecchi moved that the application be refused.  As an amendment, Councillor Morrison moved that the application be granted.  On a vote, two Members voted for the motion and three for the amendment which was declared carried.

DECIDED:  That the application be granted.

 

   264      APPLICATION FOR TAXI DRIVER'S LICENCE:  JOHN McCONNACHIE                                      264

 

SUBMITTED:  Report dated 1 February 1999 by the Executive Director Legal, Information & Support Services on an application for a Taxi Driver's Licence by John McConnachie 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.

DECIDED:  That the application be refused.