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Minute

North Lanarkshire Council · 1 November 2022
Back to Regulatory Committee — 1 November 2022 and its agenda

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Page 1

REGULATORY  -  1  NOVEMBER  2022 
38
Motherwell, 1 November 2022 at 10 am. 
A Meeting of the REGULATORY  COMMITTEE 
PRESENT 
Councillor McLaren, Convener; Councillor McVey, Vice-Convener; Councillors, Beveridge, Crichton, Docherty,
Dunbar, Hughes, B. McCulloch, Robb, Smith, Thomas and Watson. 
CHAIR 
Councillor McLaren (Convener) presided. 
IN  ATTENDANCE 
The Solicitor (Licensing) and Administrative Officer, Legal and Democratic Solutions. 
ALSO  IN  ATTENDANCE 
Inspector McCluskey, Police Scotland. 
In respect of paragraph 5 – Civic Licensing Standards Officer. 
APOLOGIES 
Councillors Ballinger and Shevlin. 
DECLARATIONS  OF  INTEREST  IN  TERMS  OF  THE  ETHICAL  STANDARDS  IN  PUBLIC  LIFE  ETC. 
(SCOTLAND)  ACT  2000 
1. Councillor McLaren, by virtue of the licence holder being know to him, declared an interest by virtue
of a connection in respect of paragraph 5 – Private Hire Driver's Licence and Private Hire Car
Licence – Complaint – William Quinn, and left the meeting during consideration of this item. 
It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public
be excluded from the meeting for the following items on the grounds that the business involved the
likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of
the Act. 
HEARINGS 
(1)  PRIVATE  HIRE  DRIVER'S  LICENCE  -  NEW  APPLICATION  -  GEORGE  DOCHERTY 
2. There was submitted an application by George Docherty for a Private Hire Driver's Licence. 
The Administrative Officer then indicated that George Docherty was not in attendance. 
The Solicitor (Licensing) then advised that attempts to contact George Docherty had been
unsuccessful. 
Thereafter, the Committee determined that consideration of the application should proceed in George
Docherty's absence.

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REGULATORY  -  1  NOVEMBER  2022 
39
The Committee then heard the Solicitor (Licensing) advise that George Docherty had attempted the
knowledge test on 4 May 2022 but had abandoned the test after answering six questions, and that
attempts to contact George Docherty to offer him a further opportunity to sit the knowledge test had
been unsuccessful. 
Decided: that the application by George Docherty for a Private Hire Driver's Licence be refused. 
(2)  PRIVATE  HIRE  DRIVER'S  LICENCE  -  RENEWALS 
(a)  MARTIN  McAULEY 
3. There was submitted (1) an application by Martin McAuley for the renewal of his Private Hire Driver's
Licence, and (2) a representation to the application received from the Chief Constable, Police
Scotland. 
The Committee then heard the Solicitor (Licensing) advise that, for the reasons narrated, Martin
McAuley's agent could not be in attendance, and had requested that consideration of the application
be continued to permit her a further opportunity to appear before the Committee to represent her client. 
The Committee then heard Inspector McCluskey advise that, given the circumstances, he had no
objection to consideration of the application being continued. 
Decided: that consideration of the application by Martin McAuley for the renewal of his Private
Hire Driver's Licence, be continued until 22 November 2022, to allow Martin
McAuley's agent a further opportunity to appear before the Committee to speak in
respect of the application. 
(b)  BRIAN  McCLOY 
4. There was submitted (1) an application by Brian McCloy for the renewal of his Private Hire Driver's
Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. 
The Administrative Officer then indicated that Brian McCloy was not in attendance. 
The Committee then heard the Solicitor (Licensing) advise that telephone communication had been
made with Brian McCloy on 11 October 2022, when Brian McCloy had advised that he would not be
in attendance at the meeting, and that he was aware of the likely outcome of the hearing proceeding
in his absence. 
Thereafter, the Committee determined that consideration of the application should proceed in Brian
McCloy's absence. 
The Committee then heard Inspector McCluskey outline the Chief Constable's objection to the
application. 
Decided: that the application by Brian McCloy for the renewal of his Private Hire Driver's
Licence be refused. 
Councillor McLaren, prior to consideration of the following item of business, having declared a
connection by virtue of the licence holder being known to him, left the meeting during consideration
of this item. 
Councillor McVey assumed the Chair.

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REGULATORY  -  1  NOVEMBER  2022 
40
(3)  PRIVATE  HIRE  DRIVER'S  LICENCE  AND  PRIVATE  HIRE  CAR  LICENCE  -  COMPLAINT  -       
WILLIAM  QUINN 
5. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was
submitted a complaint received from the Chief Constable, Police Scotland, relative to William Quinn,
who currently held a Private Hire Driver's Licence and a Private Hire Car Licence. 
The Committee then heard (1) Inspector McCluskey outline the Chief Constable's complaint; (2) the
Civic Licensing Standards Officer provide an overview of the matter, and (3) William Quinn speak in
respect of the complaint. 
Thereafter, William Quinn, the Civic Licensing Standards Officer and the representative of Police
Scotland withdrew from the meeting and the Committee resumed consideration of the matter. 
William Quinn, the Civic Licensing Standards Officer and the representative of Police Scotland were
then re-admitted to the meeting. 
Councillor Dunbar, seconded by Councillor Thomas, moved that the complaint by the Chief Constable,
relative to William Quinn, be upheld. 
Councillor Crichton, seconded by Councillor Hughes, moved, as an amendment, that the complaint by
the Chief Constable, relative to William Quinn, be not upheld. 
On a vote being taken, 2 Members voted for the amendment and 9 Members voted for the motion,
which was accordingly declared carried. 
The Committee then heard William Quinn in mitigation. 
Thereafter, William Quinn, the Civic Licensing Standards Officer and the representative of Police
Scotland withdrew from the meeting and the Committee resumed consideration of the matter. 
William Quinn, the Civic Licensing Standards Officer and the representative of Police Scotland were
then re-admitted to the meeting. 
Decided: that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act
1982, the complaint by the Chief Constable, relative to William Quinn, firstly be
upheld, and secondly that the Head of Legal and Democratic Solutions issue William
Quinn with a formal written warning.