7.
A report by the Corporate Director (Corporate Services) invited the Committee to consider an application for the grant of a taxi driver licence received on 17 January 2019 subject to an adverse representation received from a consultee.
The Committee noted that the applicant was in attendance. The Chief Constable of Police Scotland was represented by Constable Ray Walker, Police Scotland.
The Senior Solicitor advised the Committee that a further representation had been received from Police Scotland regarding protected spent convictions of the applicant and the Committee must determine, as a preliminary issue, whether the further convictions should be heard on the basis that justice could not be done without hearing the evidence.
The Senior Solicitor then read out the number, general nature and age of protected convictions. The Committee then heard from the parties on the preliminary issue. The Committee was then invited to consider whether justice could only be done by admitting the additional evidence.
In response, Councillor A McLean proposed that the Committee should hear the protected spent convictions of the applicant on the basis that justice could not be done by admitting the evidence.
Councillor Coull further added that the applicant is still coming to the attention of the police.
As there was no one else otherwise minded the Committee agreed to hear the applicant's further convictions and the Senior Solicitor then circulated details of the additional convictions to the Committee.
Constable Walker, Police Scotland addressed the Committee and responded to questions raised by the Committee.
The applicant advised the Committee that he had no further information to add to his application and responded to questions raised by the Committee.
Following consideration, the Chair asked Constable Walker and the applicant if they were happy with proceedings and if they felt they had received a fair hearing.
Constable Walker and the applicant advised that they were both happy with proceedings and confirmed that they felt they had had a fair hearing.
Councillor A McLean moved that having regard to all the evidence the applicant was not a fit and proper person to hold a taxi driver licence and therefore the Committee should refuse the application. The evidence was clear, relevant and consistent.
As there was no one else otherwise minded the Committee agreed to refuse the application for a Taxi Driver licence in respect of Case TD/19/002 as they were satisfied that the applicant is not a fit and proper person to hold the licence due to a disregard for the law. There being a ground for refusal the Committee were obliged to refuse the application.