Webcasting - Moray Council

Meeting Details

Licensing Committee
11 Sep 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.

 

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 7 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.”

 

3.

The Committee 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 Number of Minute Paragraph Number of Schedule 7A
 7

14

Information relating to any action taken in connection with the prevention,

investigation or prosecution of crime


4.

The minute of the meeting of the Licensing Committee dated 12 June 2019 was submitted and approved.

 

Report by the Corporate Director (Corporate Services)

 

5.

A report by the Corporate Director (Corporate Services) invited 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, agree a new fare card.

 

Following consideration of the report and the responses received, Councillor Cowie moved to leave all charges the same as per the existing fare card including the fouling charge at the current level of £120.  This was seconded by Councillor Aaron McLean 

 

Councillor Gatt, seconded by Councillor Coy proposed leaving all charges the same as the existing fare card save for increasing the fouling charge to £150.

 

Following Councillor A McLean's summing up, Councillor Coy was minded to withdraw her second of Councillor Gatt's amendment.  As a result of this, Councillor M McLean seconded Councillor Gatt's amendment.

 

On the division there voted:

 

For the Motion (7) Councillors Cowie, A McLean, Coull, Coy, Edwards, Laing and Taylor 
   
 For the Amendment (3) Councillors Gatt, M Mclean and Allan
   
 Abstentions (0)  

 

Accordingly the motion became the finding of the meeting and thereafter Committee agreed to:

i)   note the responses received from the formal consultation process;
     
ii)   fix the maximum fares and charges applicable to taxis in Moray as stated in the report; and 
     
 iii)   instruct the Head of Legal and Democratic Services to implement the new fare card from 29 December 2019.

 


6. Question Time ***

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

 

6.

The Committee noted that there were no questions.

 

Chair
1.

The meeting was chaired by Councillor Amy Taylor.

 

Civic Government (Scotland) Act 1982 - Application for Grant of a Taxi Driver Licence (Case No. TD/19/004) [Para 14]
7.

A report by the Corporate Director (Corporate Services) invited the Committee to consider an application for the grant of a taxi driver licence validated on 17 July 2019 subject to a representation received from a consultee.

 

 The Committee noted that the applicant was in attendance.  The Chief Superintendent was represented by Sergeant Gillian Flett, Police Scotland.

 

Sergeant Flett addressed the Committee and responded to questions raised by the Committee.

 

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

 

Both Sergeant Flett and the applicant summed up their case.

 

Councillor Coy moved to refuse to grant the application for a taxi driver licence in respect of Case No. TD/19/004 as she was satisfied on balace 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 Taylor.

 

Councillor Edwards stated he was of the view that whilst it had been correct for the Committee to previously suspend the applicant's licence, he now thought it appropriate to propose and amendment to grant the licence as he was no longer satisfied on the balance of evidence, that the applicant was not a fit and proper person.  The amendment was seconded by Councillor Gatt. 

 

On the division there voted:

 

For the Motion (5) Councillors Coy, Taylor, Coull, Laing and A McLean
   
For the Amendment (5) Councillors Edwards, Gatt, Allan, Cowie and M McLean
   
Abstentions (0)  

 

There being an equality of votes, and in terms of Standing Order 62(e), the Chair cast her casting vote in favour of the motion.

 

Accordingly the motion became the finding of the meeting and the Committee agreed to refuse to grant the licence.

Private Items
7. Civic Government (Scotland) Act 1982 - Application for Grant of a Taxi Driver Licence (Case No. TD/19/004) [Para 14]
  • Information relating to action taken, or to be taken, in connection with the prevention, investigation or prosecution of crime.
  1. TD-19-004 - Police Letter
    • 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 Sergeant Gill Flett, Police Scotland, Sean Hoath, Senior Solicitor, Jo Larsen, Licensing Standards Officer, Tracey Sutherland, Committee Services Officer all Moray Council.

 




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