Minute
North Lanarkshire Council · 13 September 2022
Back to Regulatory Committee — 13 September 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 - 13 SEPTEMBER 2022 120 Motherwell, 13 September 2022 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillors Dunbar, Hughes, Robb, Shevlin, Smith, Thomas and Watson. CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Solicitor (Licensing), and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE Sergeant Brown, Police Scotland. In respect of paragraph 5 – Civic Licensing Standards Officer. APOLOGIES Councillors Barclay, Crichton, Docherty, Kelly, McVey, and Sullivan. DEATH OF HER MAJESTY THE QUEEN 1. Prior to commencing the business of the meeting, Councillor McLaren, Convener, referred to the death, on Thursday, 8 September 2022, of Her Majesty the Queen, the longest reigning British monarch who reigned for 70 years. Thereafter, the Committee observed a one minute silence to commemorate Her Majesty. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 2. Councillors Robb and Thomas, by virtue of the complainant being known to them, declared an interest by virtue of a connection in respect of paragraph 5 – Private Hire Driver’s Licence – Complaint – Piotr Okalinski, 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.
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REGULATORY - 13 SEPTEMBER 2022 121 HEARINGS The Convener exercised his discretion to vary the order of business as hereinafter minuted. (1) PRIVATE HIRE DRIVER’S LICENCE (a) COMPLAINT – HUGH LYONS CAMPBELL KIDD 3. 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 Hugh Lyons Campbell Kidd, who currently held a Private Hire Driver’s Licence (PHD1222), and (2) a copy of Hugh Lyons Campbell Kidd’s Private Hire Driver’s Licence. The Committee then heard (1) Sergeant Brown outline the Chief Constable’s complaint, and (2) Hugh Lyons Campbell Kidd speak in respect of the complaint. Thereafter, Hugh Lyons Campbell Kidd and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Hugh Lyons Campbell Kidd and the representative of Police Scotland were then readmitted to the meeting. The Committee, having determined that the complaint by the Chief Constable, relative to Hugh Lyons Campbell Kidd, in respect of his Private Hire Driver’s Licence (PHD1222) be upheld, then heard Hugh Lyons Campbell Kidd in mitigation. Thereafter, Hugh Lyons Campbell Kidd and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Hugh Lyons Campbell Kidd and the representative of Police Scotland were then readmitted to the meeting. Councillor Smith, seconded by Councillor Thomas, moved that Hugh Lyons Campbell Kidd’s Private Hire Driver’s Licence (PHD1222) be suspended, with immediate effect, for the unexpired duration of the licence. Councillor Dunbar, seconded by Councillor Shevlin, moved, as an amendment, that Hugh Lyons Campbell Kidd’s Private Hire Driver’s Licence (PHD1222) be suspended, with immediate effect, for a period of three months. On a vote being taken, 3 Members voted for the amendment and 5 Members voted for the motion, which was accordingly declared carried. 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 Hugh Lyons Campbell Kidd, in respect of his Private Hire Driver’s Licence (PHD1222), firstly be upheld, and secondly, that his Private Hire Driver’s Licence (PHD1222) be suspended, with immediate effect, for the unexpired duration of the licence. (b) RENEWAL – HUGH LYONS CAMPBELL KIDD 4. With reference to the preceding paragraph, there was submitted (1) an application by Hugh Lyons Campbell Kidd for the renewal of his Private Hire Driver’s Licence (PHD1740), and (2) a late objection to the application received from the Chief Constable, Police Scotland.
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REGULATORY - 13 SEPTEMBER 2022 122 The Committee then heard Sergeant Brown explain the reason for the Chief Constable’s objection being submitted late, and Hugh Lyons Campbell Kidd indicate that he had no objection to the late objection being considered. The Committee, being satisfied that sufficient reason had been provided to justify the late objection, proceeded to consider the application and the late objection made. The Committee then heard Sergeant Brown outline the Chief Constable’s objection to the application, and Hugh Lyons Campbell Kidd speak in support of the application. Thereafter, Hugh Lyons Campbell Kidd and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Hugh Lyons Campbell Kidd and the representative of Police Scotland were then readmitted to the meeting. Councillor Thomas, seconded by Councillor Hughes, moved that the application by Hugh Lyons Campbell Kidd for the renewal of his Private Hire Driver’s Licence (PHD1740), be refused. Councillor Dunbar, seconded by Councillor Watson, moved, as an amendment, that the application by Hugh Lyons Campbell Kidd for the renewal of his Private Hire Driver’s Licence (PHD1740) be granted for a period of one year. On a vote being taken, 3 Members voted for the amendment and 5 Members voted for the motion, which was accordingly declared carried. Decided: that the application by Hugh Lyons Campbell Kidd for the renewal of his Private Hire Driver’s Licence (PHD1740) be refused. Councillors Robb and Thomas, prior to consideration of the following item of business, having declared a connection by virtue of the complainant being known to them, left the meeting during consideration of this item. (c) COMPLAINT – PIOTR OKALINSKI 5. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted a complaint received from Julia Stachurska, relative to Piotr Okalinski, who currently held a Private Hire Driver’s Licence. The Administrative Officer then indicated that Piotr Okalinski was not in attendance. The Solicitor (Licensing), together with the Civic Licensing Standards Officer, then advised that attempts to contact Piotr Okalinski had been unsuccessful. Councillor Watson, seconded by Councillor Shevlin, moved that consideration of the matter be continued to allow Piotr Okalinski a further opportunity to appear before the Committee to speak in respect of the complaint. Councillor Hughes, seconded by Councillor Smith, moved, as an amendment, that consideration of the matter should proceed in Piotr Okalinski’s absence. On a vote being taken, 2 Members voted for the amendment and 4 Members voted for the motion, which was accordingly declared carried.
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REGULATORY - 13 SEPTEMBER 2022 123 Decided: that consideration of the complaint by Julia Stachurska, relative to Piotr Okalinski, be continued, to allow Piotr Okalinski a further opportunity to appear before the Committee to speak in respect of the complaint. (2) PRIVATE HIRE CAR OPERATOR’S LICENCE – RENEWALS (a) JAMES GREGG 6. With reference to paragraph 4 of the Minute of the meeting of this Committee held on 16 August 2022, there was submitted (1) two applications by James Gregg for the renewal of his Private Hire Car Operator’s Licences (PHC0301 and PHC0303), and (2) copies of letters sent to James Gregg advising that on 1 June 2021 the Regulatory Committee had decided to grant the renewal of his Private Hire Car Operator’s Licences for a restricted period of 18 months from the date of the expiry of his current licences. The Solicitor (Licensing) then advised the Committee that James Gregg did not have age compliant vehicles in accordance with the Council’s vehicle specification. The Committee then heard James Gregg, who was accompanied by Stephen Porter, (1) indicate that, in respect of Private Hire Car Operator Licence PHC0301, he had subsequently acquired an age compliant vehicle, and (2) speak in respect of the application for the renewal of his Private Hire Car Operator Licence PHC0303. Thereafter, James Gregg and Stephen Porter withdrew from the meeting and the Committee resumed consideration of the matter. James Gregg and Stephen Porter were then readmitted to the meeting. Decided: (1) that it be noted that James Gregg had subsequently acquired an age compliant vehicle in respect of Private Hire Car Operator Licence PHC0301, and (2) that the application by James Gregg for the renewal of his Private Hire Car Operator’s Licence PHC0303 be granted for a period of 18 months, effective from 30 April 2022. (b) BELLVIEW PRIVATE HIRE LIMITED 7. With reference to paragraph 3 of the Minute of the meeting of this Committee held on 16 August 2022, there was submitted (1) an application by Graeme Hamilton, per Bellview Private Hire Limited for the renewal of the company’s Private Hire Car Operator’s Licence, and (2) a copy of a letter sent to Bellview Private Hire Limited advising that on 26 January 2021 the Regulatory Committee had decided to grant the renewal of the company’s Private Hire Car Operator’s Licence for a restricted period of 18 months from the date of the expiry of the current licence. The Administrative Officer then indicated that Graeme Hamilton was not in attendance. Thereafter, the Committee determined that consideration of the matter should proceed in the applicant’s absence. The Solicitor (Licensing) then advised the Committee that Bellview Private Hire Limited did not have an age compliant vehicle in accordance with the Council’s vehicle specification. Decided: that the application by Graeme Hamilton, per Bellview Private Hire Limited for the renewal of the company’s Private Hire Car Operator’s Licence be refused.