Minute
North Lanarkshire Council · 1 November 2022
Back to Regulatory Committee — 1 November 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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.