Minute
North Lanarkshire Council · 4 October 2022
Back to Regulatory Committee — 4 October 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 - 4 OCTOBER 2022 156 Motherwell, 4 October 2022 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillor McVey, Vice-Convener; Councillors Dunbar, Hughes, Kelly, Robb, Thomas and Watson. CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Solicitor (Licensing) and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE Inspector Conn, Police Scotland. In respect of paragraph 2 – Civic Licensing Standards Officer. APOLOGIES Councillors Barclay, Crichton, Docherty, Shevlin, Smith and Sullivan. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. 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 2 – 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. HEARINGS 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. (1) PRIVATE HIRE DRIVER'S LICENCE - COMPLAINT - PIOTR OKALINSKI 2. With reference to paragraph 5 of the Minute of the meeting of this Committee held on 13 September 2022, 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.
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REGULATORY - 4 OCTOBER 2022 157 The Administrative Officer then indicated that Julia Stachurska was not in attendance. The Solicitor (Licensing) then advised that contact had been received from Julia Stachurska in the preceding days, when she had advised that due to illness, she would be unable to participate in the meeting. Thereafter, the Committee determined that consideration of the matter should proceed in Julia Stachurska's absence. The Committee then (1) considered the written complaint received from Julia Stachurska; (2) heard the Civic Licensing Standards Officer provide an overview of the matter, and (3) heard Piotr Okalinski's representative, Ewa Haveninka, speak in respect of the complaint. Thereafter, Piotr Okalinski, Ewa Haveninka and the Civic Licensing Standards Officer withdrew from the meeting and the Committee resumed consideration of the matter. Piotr Okalinski, Ewa Haveninka and the Civic Licensing Standards Officer were then re-admitted to the meeting. The Committee, having determined that the complaint by Julia Stachurska, relative to Piotr Okalinski, in respect of his Private Hire Driver's Licence be upheld, then heard Ewa Haveninka, on behalf of Piotr Okalinski, in mitigation. Thereafter, Piotr Okalinski, Ewa Haveninka and the Civic Licensing Standards Officer withdrew from the meeting and the Committee resumed consideration of the matter. Piotr Okalinski, Ewa Haveninka and the Civic Licensing Standards Officer were then re-admitted to the meeting. Councillor Watson, seconded by Councillor Dunbar, moved that the Head of Legal and Democratic Solutions issue Piotr Okalinski with a formal written warning. Councillor McVey, seconded by Councillor Hughes, moved, as an amendment, that Piotr Okalinski's Private Hire Driver's Licence be suspended for a period of two weeks, with immediate effect. On a vote being taken, 3 Members voted for the amendment, and 3 Members voted for the motion. The vote being equal, the Convener exercised his casting vote in favour of 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 Julia Stachurska, relative to Piotr Okalinski, in respect of his Private Hire Driver's Licence, firstly be upheld, and secondly that the Head of Legal and Democratic Solutions issue Piotr Okalinski with a formal written warning. (2) TAXI DRIVER'S LICENCE - NEW APPLICATION - JENNIFER MOYES 3. There was submitted (1) an application by Jennifer Moyes for a Taxi Driver's Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. The Committee then heard Inspector Conn outline the Chief Constable's objection to the application and Jennifer Moyes speak in support of the application. Thereafter, Jennifer Moyes and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Jennifer Moyes and the representative of Police Scotland were then re-admitted to the meeting. Decided: that the application by Jennifer Moyes for a Taxi Driver's Licence be refused