Printed minutes
Argyll and Bute Council · 21 May 2025
Back to Planning, Protective Services and Licensing Committee — 21 May 2025 and its agenda
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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 21 MAY 2025 Present: Councillor Kieron Green (Chair) Councillor John Armour Councillor Gordon Blair Councillor Jan Brown Councillor Graham Hardie Councillor Fiona Howard Councillor Dougie Philand Attending: Stuart McLean, Committee Manager David Walker, Solicitor Sergeant David Holmes, Police Scotland Richard Hassan, Licence Holder 1. APOLOGIES FOR ABSENCE Apologies for absence were received Councillors Audrey Forrest, Amanda Hampsey, Daniel Hampsey, Mark Irvine, Andrew Kain and Paul Kennedy, Liz McCabe and Peter Wallace. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: REQUEST FOR SUSPENSION OF TAXI DRIVER LICENCE (R HASSAN, HELENSBURGH) 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 audio call and Sergeant Holmes joined the meeting by telephone. The Licence Holder also opted to proceed by way of audio call and Mr Hassan joined the meeting by telephone. The Chair outlined the procedure that would be followed and invited the Police Scotland to speak in support of the Chief Constable’s complaint. POLICE SCOTLAND Sergeant Holmes referred to a letter dated 29 April 2025 which advised that the Chief Constable requested, in terms of Paragraph 11(1) of Schedule 1 of the Act that the Committee suspend Mr Hassan’s taxi driver licence. The Chief Constable complained, in terms of Paragraph 11(2)(a) Schedule 1 of the Act, that Mr Hassan was no longer a fit and proper person to hold the licence by virtue of convictions Mr Hassan received as a result of incidents which took place on 28 April 2023 and 7 September 2024.
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QUESTIONS FROM LICENCE HOLDER Mr Hassan confirmed that he had no questions. LICENCE HOLDER Mr Hassan advised that he felt his taxi driver licence should not be taken away. He said that he had never had any trouble or issues connected with his job as a taxi driver in Argyll and Bute and that he was always professional. He referred to the 2 incidents and advised that it was regretful that they had happened. He said that the assault took place over 2 years ago and that he has been driving his taxi in a professional manner since that incident occurred. He referred to his court appearance and advised that the outcome did not go his way on the day. He advised that the incident was self-defence. He referred to the other incident and said this involved an argument with his partner. He said there were no serious issues and that he had been advised that this conviction in respect of this incident would be removed from his record on 2 September 2025. Mr Hassan advised that he was a young man with a young family and that he supported them with 2 jobs. He said he felt that it would be unfair to have his licence taken away as a result of a conviction which would be removed from his record on 2 September and for another incident which occurred over 2 years ago. He said that he has been driving his taxi with no issues and that he was totally professional and hard working. He said he did not deserve to lose his licence over these incidents. QUESTIONS FROM POLICE SCOTLAND Sergeant Holmes confirmed that he had no questions. MEMBERS’ QUESTIONS Councillor Hardie referred to Police Scotland asking for the suspension of his licence as they did not think Mr Hassan was a fit and proper person to be the holder of the licence. He asked Mr Hassan to comment on that. Mr Hassan said he thought it was untrue to say he was not a fit and proper person. He advised that he has been driving taxis for years without incident and that there had been no complaints received when working his taxi. He said he was totally professional in his cab and that he did not pose a danger to the public and that this would not change. Councillor Brown sought and received confirmation from Mr Hassan that he was still with his partner. Councillor Brown said the offences were quite serious, especially the first one. She asked if alcohol was involved. Mr Hassan said there was. He advised that the incident sounded worse than it was. He said the person needed 3 stitches and that the scar could not be seen. Councillor Brown commented that Mr Hassan did not appear to be apologetic about the incidents and that he did not appear to be professional in his private life. She asked Mr Hassan if he was a Jekyll and Hyde character, a different person in private to what he was at work. Mr Hassan said this was not the case. He said the incidents were very regretful and that he wished they had never happened. He said he was always a good guy and not a different person. Councillor Green noted that Mr Hassan said he was not a different person. He asked if he was a different person when drinking alcohol. Mr Hassan said not necessarily. He
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advised that he was 31 years old and had never been in trouble with the Police before these incidents. He said that he’d had too much to drink on both occasions. He said that he was also injured in the fight. He said that he rarely drank alcohol and that the incidents were 100% regrettable. Councillor Blair sought and received confirmation from Mr Hassan that he worked 3 weeks on and 3 weeks off on the rigs off Aberdeen. He said that when he was not on the rigs he did taxi work. Councillor Blair sought and received confirmation from Mr Hassan that the serious incidents that occurred would not happen again. Mr Hassan said he never wanted to be in trouble with the Police again. He said he had never been in trouble apart from these 2 incidents. Councillor Blair asked the Council’s Solicitor if the Council had a policy in place on zero tolerance. Mr Walker said he did not know if there was a policy. He advised that in terms of the fit and proper person test, there were no hard and fast rules for the Committee and that they were given a wide discretion when considering whether a person was a fit and proper person. Councillor Armour referred to Mr Hassan’s sentence in respect of the second incident being deferred until 2 September 2025. He asked if the incident, which was the subject of the court appearance on 9 April, was taken into account. Mr Hassan said no. He advised that on 2 September the charge in respect of the second incident would be taken off his record subject to good behaviour for 6 months. Mr Hassan explained that the case that went to court on 9 April was in connection with an incident which took place in 2023 and was not being taken into account. He confirmed the Sheriff told him in court that the sentence would be taken off his record subject to good behaviour for 6 months. He explained that he would not need to return to court in September and that his lawyer would attend to confirm his good behaviour. Councillor Blair sought and received confirmation from Sergeant Holmes that Police Scotland had not brought the first incident to the attention of the Committee as it was sub judice and it was decided at that time to monitor the situation moving forward and wait to see if Mr Hassan received a conviction. He said that his conviction coincided with the court appearance in respect of the second incident. SUMMING UP Police Scotland Sergeant Holmes advised that he had nothing further to add. Licence Holder Mr Hassan said that he could guarantee that he would never be in trouble with the law again. He referred to the 2 incidents being regretful and advised that he has been working professionally since they happened with no issues with his taxi work. He said this would continue if he was allowed to keep his licence. When asked, both parties confirmed that they had received a fair hearing. DEBATE
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Councillor Hardie said he would like to believe Mr Hassan but due to the nature of the crimes he would be looking for an immediate suspension of his licence. Councillor Brown said she agreed with Councillor Hardie. She advised that she appreciated that one of these incidents happened over 2 years ago but noted that the other was more recent. She said she was not convinced by Mr Hassan and that he gave the impression of being 2 different people, one in his private life and another in his professional life. She said she was concerned that how he behaved privately could spill over into his working life. Councillor Blair said he felt there needed to be an acknowledgement of what happened here and that he thought that suspension of the licence would be appropriate. He advised that he took on board the comments made by Mr Hassan but he felt there still needed to be a strong emphasis that the Committee had a zero tolerance towards that type of behaviour and that there would be consequences. He said he was aware that Mr Hassan had said he was a hard-working person and that he presumed this was without incident. He suggested a suspension of the licence for 3 or 6 months and that he would be happy to include the proviso that if any further incidents happened during that time the licence would be withdrawn completely. He said that zero tolerance was something that the Committee needed to stick to. He said that suspension of the licence would be the best way to emphasise the Committee’s resolve. Councillor Green pointed out that at this point discussion was not about the length of any potential suspension. Councillor Armour said that like Councillor Blair he did not think the Committee could let this go without any action. He noted that the incidents happened out with the work environment but said it still did not look good. He advised that he did not think Mr Hassan had helped himself and that he could have been a bit more contrite. He noted that Mr Hassan had said it was not his fault but from the paperwork he could see that an event was cancelled because of his behaviour and that he had then went on to punch someone. He felt that Mr Hassan could not argue that he played a part in his own downfall. Councillor Armour said he would like to look at some sort of temporary action rather than a full suspension. Councillor Philand agreed with what Councillor Blair had said about zero tolerance. He advised that he thought that Mr Hassan was remorseful but, looking at the cold facts, they happened, and if the Committee condoned this and did not look at a temporary suspension, the Committee would be condoning this behaviour which, he said, was not acceptable. Councillor Green advised that he largely agreed with what had been said and acknowledged what had been said about Mr Hassan’s attitude at this meeting. He advised that he thought there had been some effort to portray some of the actions as being trivial in manner and he said he was not impressed by that. He said that it was not for the Committee to determine guilt or not and noted that had been done by the Sheriff. He advised that if Mr Hassan had conducted himself in a different way at this hearing the Committee may have been having a different discussion at this point. He advised that given the nature of the offences, not helped by Mr Hassan’s conduct in this meeting, he thought that a suspension was necessary in this case.
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At this point Mr Hassan was given the opportunity to speak in respect of the commencement and duration of any suspension of his licence. Mr Hassan said that he would accept whatever the Committee decided. He said that he knew that these were serious incidents. He said he was not 2 different people and that he was a young family man. He said the 2 incidents were very regretful and that he wished they had never happened. He said he just wanted to get on with his life and keep working for his family and that he did not want to go through this again. He confirmed that he would accept whatever suspension the Committee decided and that he would get back to taxiing at the end of the suspension and hoped not to be back in front of the Committee again. At this point the Committee were invited to debate the commencement and duration of the licence. Councillor Hardie said that he thought the licence should be suspended with immediate effect for 6 months. Councillor Green agreed that the licence should be suspended with immediate effect but thought 6 months was a bit harsh and not necessary. He suggested a 2 month suspension. Councillor Howard agreed with the suggestion of a 2 month suspension. Councillor Blair said he would be quite happy with a 3 month suspension with immediate effect which would mean Mr Hassan could be back to working as a taxi driver in September/October time. Councillors Brown, Armour and Philand all agreed with the suggested 3 month suspension. Councillors Green, Hardie and Howard also agreed to support a 3 month suspension. DECISION The Committee agreed to suspend Mr Hassan’s Taxi Driver Licence (Number 6558) with immediate effect for a period of 3 months and noted that Mr Hassan would receive written notification of this within 7 days. (Reference: Report by Head of Legal and Regulatory Support, submitted)