Webcasting - Moray Council

Meeting Details

Licensing Committee
17 Apr 2019 - 09:30
Occurred

Documents

Agenda

Public Items
1. Sederunt
2. Declaration of Group Decisions and Members Interests *
2.

In terms of Standing Order 20 and the Councillor's Code of Conduct there were no declarations from group leaders or spokespersons in regards to any prior decisions taken on how Members will vote on any item on the agenda.  Councillor A Mclean declared an interest in respect of item 8 on the agenda and would leave the meeting at the end of item 7.

 

3. Resolution

Consider, and if so decide, adopt the following resolution:

"That under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item 8 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act.”

 

4. pdf 2019-02-20 - Minute (110Kb)
5. Written Questions **
4.

The Committee noted that no written questions had been submitted.

 

6. pdf TD-19-002 - report (215Kb)

Report by the Corporate Director (Corporate Services)

 

  1. TD-19-002 - app form
    • Information relating to action taken, or to be taken, in connection with the prevention, investigation or prosecution of crime.
  2. TD-19-002 - pol ltr
    • Information relating to action taken, or to be taken, in connection with the prevention, investigation or prosecution of crime.
7. Question Time ***

Consider any oral question on matters delegated to the Committee in terms of the Council's Scheme of Administration. 

 

6.

There were no further questions.

 

Councillor A McLean left the meeting at this juncture after having declared an interest in Item 8 on the agenda.

 

 

 

Item(s) which the Committee may wish to consider with the Press and Public excluded

 

Chair
1.

The meeting was chaired by Councillor Amy Taylor.

 

Minute of the Meeting on 20 February 2019
3.

The minute of the meeting of the Licensing Committee dated 20 February 2019 was submitted and approved.

 

Application for Taxi Driver Licence TD-19-002
5.

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.

 

The Committee noted that the applicant was in attendance.  The Chief Constable of Police Scotland was represented by Constable Ray Walker, Police Scotland.

 

Police Constable Walker, Police Scotland addressed the Committee.

 

The Applicant addressed the Committee and responded to questions raised by the Committee.

 

Following consideration, the Chair asked the applicant and Police Constable Walker if they were happy with the proceedings and if they felt they had received a fair hearing.

 

The applicant and Police Constable Walker advised that they were both happy with proceedings and confirmed that they felt they had received a fair hearing.

 

Councillor Shepherd, seconded by Councillor Macrae moved to grant the application for a Taxi Driver Licence in respect of Case No. TD-19-002.

 

Councillor Coy proposed an amendment to refuse the application for a Taxi Driver Licence as she was satisfied that the applicant was not a fit and proper person to hold a taxi driver licence having regard to the evidence presented.  Therefore a ground for refusal existed and the Committee was obliged to refuse. This was seconded by Councillor Divers.

 

On the division there voted:

 

For the Motion (10)         Councillors Shepherd, Macrae, Allan, Coull, Cowie, Edwards, Gatt, A McLean, M McLean and Taylor
   
 For the Amendment (3) Councillors Coy, Divers and Laing
   
Abstentions (0)  

 

Accordingly the motion became the finding of the meeting and Committee agreed to grant the application for a Taxi Driver Licence in respect of application TD-19/002.

 

Application for Taxi Driver Licence - TD-19-003
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 13 February 2019.

 

The Committee noted that the applicant was in attendance.  The Chief Constable of Police Scotland was represented by Constable Ray Walker, Police Scotland.

 

Police Constable Walker, Police Scotland addressed the Committee.

 

The Applicant addressed the Committee and responded to questions raised by the Committee.

 

Following consideration, the Chair asked the applicant and Police Constable Walker if they were happy with the proceedings and if they felt they had received a fair hearing.

 

The applicant and Police Constable Walker advised that they were both happy with proceedings and confirmed that they felt they had received a fair hearing.

 

Councillor Macrae, seconded by Councillor M Mclean moved to grant the application for a Taxi Driver Licence in respect of Case No. TD-19-003.

 

Councillor Coy proposed an amendment to refuse the application for a Taxi Driver Licence as she was satisfied that the applicant was not a fit and proper person to hold a taxi driver licence having regard to the evidence presented.  Therefore a ground for refusal existed and the Committee was obliged to refuse.  This was seconded by Councillor Laing.

 

On the division there voted:

 

For the Motion (9)         Councillors Macrae, M McLean, Allan, Coull, Cowie, Edwards, Gatt, Shepherd and Taylor
   
 For the Amendment (3) Councillors Coy, Divers and Laing
   
Abstentions (0)  

 

Accordingly the motion became the finding of the meeting and Committee agreed to grant the application for a Taxi Driver Licence in respect of application TD-19-003.

Private Items
8. TD-19-003 - report
  • Information relating to action taken, or to be taken, in connection with the prevention, investigation or prosecution of crime.
  1. TD-19-003 - app form
    • Information relating to action taken, or to be taken, in connection with the prevention, investigation or prosecution of crime.
  2. TD-19-003 - pol ltr
    • Information relating to action taken, or to be taken, in connection with the prevention, investigation or prosecution of crime.
Summary of Licensing Committee functions:

To deal with all aspects of the issue of licenses by Local Authorities as required by Government; to deal with matters of Licensing and registration not falling within the functions of any other Committee.

 

 

Meeting Documents

There are no separate meeting documents but there may be meeting documents assigned to the Agenda.

Declarations of Interests

Visitors

Also in attendance at the above meeting were Police Constable Ray Walker on behalf of Police Scotland, Sean Hoath, Senior Solicitor and Tracey Sutherland, Committee Services Officer.

 




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