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Planning, Protective Services and Licensing Committee held on 24 January 2024 at 4.00 pm

Argyll and Bute Council · 21 February 2024
Back to Planning, Protective Services and Licensing Committee — 21 February 2024 and its agenda

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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE
held BY MICROSOFT TEAMS on WEDNESDAY, 24 JANUARY 2024 
Present: Councillor Amanda Hampsey (Chair) 
Councillor John Armour
Councillor Jan Brown
Councillor Audrey Forrest
Councillor Kieron Green 
Councillor Graham Hardie
Councillor Liz McCabe
Councillor Peter Wallace 
Attending: Shona Barton, Governance Manager
Fiona Macdonald, Solicitor
Katie Clanahan, Solicitor
Sergeant David Holmes, Police Scotland 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Gordon Blair, Daniel Hampsey,
Mark Irvine, Andrew Kain, Paul Kennedy and Dougie Philand. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: REQUEST FOR SUSPENSION
OF TAXI CAR LICENCE NUMBER 6685 (J MACINTYRE, OBAN) 
The Chair welcomed everyone to the meeting.  In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the options for
participating in the meeting today.  The options available were by video call, by audio call
or by written submission.  For this hearing Police Scotland opted to proceed by way of
video call and Sergeant David Holmes joined the meeting by MS Teams. 
The Licence Holder had confirmed that he would not be attending the meeting. 
The Chair then outlined the procedure that would be followed at each stage and invited
the Police Scotland to speak in support of the Chief Constable’s complaint.   
POLICE SCOTLAND 
Sergeant Holmes read out the contents of a letter dated 13 November 2023 from the
Divisional Commander which advised that the Chief Constable complained, in terms of
Paragraph 11(1) of Schedule 1 of the Act that the Licensing Committee suspend Mr
MacIntyre’s taxi car licence.  The Chief Constable complained, in terms of Paragraph
11(2)(a) of Schedule 1 of the Act that Mr MacIntyre was no longer a fit and proper person
to hold this licence.  In addition the Chief Constable asked the Committee to order the
immediate suspension of his taxi car licence in terms of Paragraph 12(1) of Schedule 1 of
the act, on the grounds that the carrying out on of the activity to which his licence related
was likely to cause a serious threat to public order or public safety.  In support of this
request the Chief Constable asked the Committee to consider the details of an incident
which took place on 10 November 2023.

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Sergeant Holmes confirmed that Mr MacIntyre pled guilty to drink driving and careless
driving at Oban Sheriff Court on 29 November 2023 and he was disqualified from driving
for 16 months and received a monetary fine. 
MEMBERS’ QUESTIONS 
There were no questions. 
SUMMING UP 
Police Scotland 
Sergeant Holmes advised that he had nothing further to add and confirmed that he had
received a fair hearing. 
DEBATE 
Councillor Forrest advised that she supported the immediate suspension of this licence. 
Councillor Brown confirmed that she too would support the immediate suspension of the
licence. 
Councillor Hardie advised that he agreed with his fellow Councillors.  He said that
following the decision taken at the previous hearing, he thought the licence should be
suspended with immediate effect for the duration of the licence. 
Councillor Hampsey agreed with the recommendation of Sergeant Holmes and supported
the immediate suspension of the licence for the duration of the licence. 
DECISION 
The Committee unanimously agreed to suspend Mr MacIntyre’s Taxi Car Licence (No
6685) with immediate effect for the unexpired portion of the licence. 
It was noted that written confirmation of this would be issued within 7 days. 
(Reference: Report by Head of Legal and Regulatory Support, submitted)