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ANGUS COUNCIL

MINUTE of MEETING of the CIVIC LICENSING COMMITTEE held in the Town and County Hall, Forfar on Tuesday 15 June 1999 at 6.00 pm.

Present: Councillors BILL ROBERTON, JOY MOWATT, KAY ELLIS, JOHN HENDERSON, ALEX KING, THE HON R J LESLIE MELVILLE, STEWART McGLYNN, WILLIAM MIDDLETON, BRIAN MILNE, PETER MURPHY, RICHARD SPIERS and SANDY WEST.

Councillor ROBERTON, Convener, in the Chair.

1. TAXI FARES REVIEW

With reference to Article 1(b) of the minute of meeting of this Committee of 1 December 1998, there was submitted Report No 616/99 by the Director of Law and Administration advising on the outcome of recent consultations and options for a revised taxi fare structure in Angus. Copies of the options were appended to the Report.

The Report noted that although taxi fares had been reviewed in April 1998, it had then been realised that the adopted proposal did not include any increased fare for the period including Christmas and New Year. Due to time restraints, it had not been possible to review the fares before the festive season and accordingly an undertaking had been given that the fares would be reviewed in time for the festive period for 1999/2000.

It was also noted that all taxi operators in the Monifieth area had declined to participate in the review having advised that they wished the fares to remain at their current level.

The Committee, after noting that the majority responding favoured the proposals as set out as Option 3, agreed:-

(i) to approve the recommended increase as detailed in Option 3 in the Appendix to the Report;

(ii) to note that the recommended increase represented the maximum fare chargeable by taxi drivers and was not a compulsory fare; and

(iii) to note that the revised fares would require to be advertised and would be implemented on 11 October 1999.

2. REVIEW OF CONDITIONS

With reference to Article 2 of the minute of meeting of this Committee of 13 March 1996, there was submitted Report No 656/99 by the Director of Law and Administration suggesting amendments to the existing conditions for taxi and private hire drivers and taxi and private hire licences. These conditions had remained unaltered for a considerable number of years and the amended conditions now being proposed would bring Angus Council into line with other authorities.

At a Civic Licensing Sub-Committee held on 5 November 1998, officers had been instructed to bring forward proposed amendments to the standard conditions attached to taxi and private hire drivers and taxi and private hire licences. The conditions attached to the Report represented the changes proposed. The conditions of various other authorities had been considered, and consultation had taken place with Tayside Police. It was proposed to compile a booklet incorporating the conditions, maps showing the location of taxi stances, the items which would be checked in the Police Vehicle Inspection and details of various offences in terms of the Civic Government (Scotland) Act 1982.

After hearing representatives of the taxi and private hire drivers in Angus and following discussion, the Committee agreed:-

(i) that the conditions attached to the Report be approved, subject to the amendments as detailed below:-

Taxi licences

Condition 1 the last sentence to be deleted

Condition 2 to be deleted

Condition 4 insert the following "The granting fee payable in respect of a taxi licence shall include the initial vehicle inspection and one further inspection. The cost of any re-test thereafter will require to be met by the licence holder."

Condition 16 the last sentence to be deleted.

Condition 23 insert the sentence "The carrying of a first aid kit does not imply that the driver is qualified to administer first aid".

Taxi drivers

Condition 17 the last sentence to be deleted.

Private hire car licences

The same amendments to the respective conditions for taxi licences would apply for the above.

Private hire car drivers licence

The same amendments to the respective conditions for taxi drivers would apply for the above.

(ii) to instruct the Director of Law and Administration to bring forward a further Report to the next meeting of the Committee regarding Conditions 29 and 30 relating respectively to permitted advertising on vehicles subject to private hire licences and taxi licences.

3. LICENSING

There was submitted Report No 618/99 by the Director of Law and Administration on licensing.

(i) Licences Granted/Renewed Under Delegated Authority

The Committee agreed to note licences granted/renewed under delegated authority and issued by the Director of Law and Administration as detailed in the Report.

(ii) Defaulters

(a) The Committee considered relevant information received from the Police in respect of Philip Powell, 45 Bloomfield Gardens, Arbroath.

The Committee noted that a letter had been received from Mr Powell stating that he could not be in attendance at the meeting and agreed to defer further consideration to allow Mr Powell to attend the Committee's meeting on 10 August 1999.

(iii) Taxi Drivers Licences

(a) The Committee considered relevant information in respect of an application for the renewal of a taxi driver’s licence received from Edward Cargill, 10 Monymusk Road, Arbroath and agreed that his taxi driver’s licence be renewed.

(b) The Committee considered relevant information in respect of an application for a taxi driver’s licence received from Alexander M Campbell, 20 Angus Drive, Montrose and agreed that the application be refused.

(c) The Committee considered relevant information in respect of an application for a taxi driver’s licence from Martin Joseph Malone, 39 John Street, Arbroath. It was reported that the Police had submitted a formal objection to the granting of the licence requested. However, the letter of objection had been received outwith the statutory 21 day period.

Having heard from the Police Officer present, the Committee agreed that there was sufficient reason why the letter had been received outwith the statutory 21 day period and agreed that the letter be circulated.

After hearing Mrs Malone on behalf of her son, the Committee considered the relevant information from the Police and agreed that the application be granted for a period of one year with a warning of the possible consequences of any future adverse reports.

Councillor McGlynn declared an interest in the undernoted item and took no

part in its consideration.

(iv) Window Cleaner’s Licence

The Committee considered a formal objection from the Chief Constable of Tayside Police in respect of an application for a window cleaner’s licence received from Mark Crawford, 52 Abercromby Street, Barnhill, Broughty Ferry, Dundee.

The Committee heard Mr Crawford who had submitted a letter of support from John McAllion, MP.

Councillor Middleton, seconded by Councillor Leslie Melville, moved that Mr Crawford’s application be refused.

COUNCILLOR HENDERSON, SECONDED BY COUNCILLOR KING, MOVED THAT MR CRAWFORD’S APPLICATION BE GRANTED.

On a vote being taken, the members voted:-

For the motion:-

Councillors Leslie Melville, Middleton, Speirs and West (4).

For the amendment:-

Councillors Roberton, Mowatt, Ellis, Henderson, King, Milne and Murphy (7).

The amendment was declared carried, resulting in Mr Crawford’s application for a window cleaner’s licence being granted.