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PostPosted: Wed Jan 16, 2019 10:23 pm 
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Saw this on Monday, but didn't think it worth posting, but came back to it after reading the Wakefield piece about the ruling regarding the legislation in England.

Anyway, I'd always assumed these powers were in the Scottish legislation and were automatic, but maybe individual councils have to formally adopt them, or something like that, but can't be bothered investigating.

Angus councillors to vote on sweeping powers to immediately suspend licences

https://www.thecourier.co.uk/fp/news/lo ... -licences/

Proposals to allow Angus councillors to immediately suspend the licences of taxi drivers, late night fast food vendors and other holders are set to go to full council, almost a year after elected members threw out similar plans.

The move comes after representation from Police Scotland who expressed concern at the time taken for requests to suspend licences to go before councillors.

The issue relates to activities “to which the licence relates is causing, or is likely to a serious threat to public order or public safety”.

Licensed premises such as pubs and restaurants are not affected by the proposal.

Councillor Craig Fotheringham, convener of the civic licensing committee which will oversee the new rules, welcomed the report and urged fellow councillors to back the new system at full council.

He said: “When this matter previously came before full council a year ago, it was rejected, for a number of reasons, by elected members.

“Since then, the police have made it abundantly clear that it simply takes too long under the current process to suspend a licence where an activity connected to it is a public nuisance or serious threat to public safety.

“On that basis, I would urge my fellow councillors to reflect on this and back the move.”

Mr Fotheringham said he wanted to make it clear that licences will not simply be suspended on the say so of Police Scotland.

“I expect that these powers will be used very rarely indeed, but I do think it is important that we have this option available to protect the public,” he said.

“I appreciate that a suspension of up to six weeks could have a significant impact on the livelihood of a licence holder and their business, but I foresee this measure only being used in the most severe circumstances.”

Under the proposals, a decision to suspend a licence would be taken by a senior council officer and the convener and vice-convener of the civic licensing committee.

A licence could be suspended without the holder being present, and the case would then be heard at a later date by a full meeting of the committee.

The report will be scrutinised at a meeting of full council in February.


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PostPosted: Wed Jan 16, 2019 11:54 pm 
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Ah, I see - this from last year says that it's about delegating the power to suspend rather than the power itself, which is in the legislation.

But interesting that the councillor opposing the delegation seems to think that the licensing committee should simply follow what happens with regard to any criminal prosecution rather than using the committee's more sweeping powers in relation to suspensions and revocations.

Fascinating stuff 8-[

Councillors hold on to emergency power to suspend Angus taxi licences

https://www.thecourier.co.uk/fp/news/lo ... s-cabbies/

Plans to delegate powers for the emergency suspension of taxi driver licences to a three-strong panel have been blocked by Angus councillors.

Legal chiefs had argued for the move, saying there was a need to make urgent decisions in the case of licence holders such as cabbies if allegations of a serious criminal nature came to light.

However, a narrow vote sunk the proposal to shift responsibility to the authority’s legal chief and the top two figures on the licensing regulatory body.

Councillors said they feared for the livelihoods of taxi drivers whose cases took a long time to get to court, or who were found innocent of the charges against them.

The civic licensing committee had previously agreed to delegate authority after the council’s head of legal services highlighted powers under the Civic Government (Scotland) Act to order the immediate suspension of a licence if its continuation would cause a “serious threat to public order or public safety”.

Arbroath West and Letham Independent David Fairweather challenged the decision-making handover at a full meeting of the council.

“I know they are emergency powers, but in my 10 years on civic licensing they have never been used,” he said.

“Time and again police put forward letters asking us as a committee to remove a licence because the holder is not a fit and proper person.

“But we have had situations where we have been asked to remove a licence, the matter has never even gone to court and as a committee we have deferred it on the basis that the person is not guilty until the charge is proven.

“Where would we have been if we had taken licences away from taxi drivers who then had charges dropped against them?” he said.

“If it’s extremely serious and the police want to make a strong case for an emergency suspension I would ask that a senior officer comes to us and tells us that the licence should be taken away because they are a danger.

“This decision is the remit of the committee and I want it to remain the remit of the committee.”

Montrose SNP member Bill Duff said he was happy that authority should be delegated.

“We have a responsibility to the public to ensure that when they get into a taxi the driver is a suitable person to be doing that job,” he said.

“If there is any question we should be erring on the side of safety.”

Concern was also raised about the authority being put at risk of a compensation claim if a driver’s licence was suspended and they were subsequently cleared in court or no action was taken.

Councillors voted 13-10 not to delegate the emergency suspension powers.


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PostPosted: Thu Jan 17, 2019 12:00 am 
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On 2 April 2018 The Courier wrote:
Arbroath West and Letham Independent David Fairweather challenged the decision-making handover at a full meeting of the council.

“I know they are emergency powers, but in my 10 years on civic licensing they have never been used,” he said.

“Time and again police put forward letters asking us as a committee to remove a licence because the holder is not a fit and proper person.


Wonder what happened to this guy's badge, then, as reported around 15 months earlier in October 2016?

“Words can’t express your stupidity” — Angus taxi driver sacked after touching teenager

https://www.thecourier.co.uk/fp/news/lo ... -teenager/

Image
Image: Courier/DC Thomson

An Angus taxi driver was sacked by his employer after he sexually assaulted a teenager, a court heard.

Brian Michie from Brechin appeared at Forfar Sheriff Court and admitted assaulting the female at his home.

The court heard the 60-year-old had become “attracted” to the teenager and had “made a move” on April 23 this year.

But he was told by a sheriff that words “can’t express” his stupidity at grabbing the young woman’s breast.

The court heard Michie had been working as a private hire driver in the area but was no longer licenced.

Defending Michie, solicitor Robin Beattie said his client had been sacked as soon as the offence was reported to his former employer.

He told the court: “He was previously working as a taxi driver.

“However he was sacked on the day of his initial plea in the court.

“That’s not surprising,” said Sheriff Gregor Murray.

Mr Beattie continued: “I think that’s one of the conditions of being a licenced driver.

“She…was friendly to him, at least until the offence.

“He accepts that he was sexually attracted to her and that was what caused him to make a move.”

Sheriff Murray told him: “Words can’t express your stupidity and the folly of what you did, and you’ll have to pay for that.”

The sheriff imposed a community payback order with supervision requirements, and 125 hours of unpaid work to be completed within nine months.

Michie was placed on the interim sex offenders register at his plea, and will remain on the register for the term of the order.

Michie, of Drumachlie Park, admitted a single charge on summary complaint of sexually assaulting the woman by touching her breast, contrary to section 3 of the Sexual Offences Act (Scotland) 2009.


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PostPosted: Thu Jan 17, 2019 12:03 am 
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Quote:
The court heard Michie had been working as a private hire driver in the area but was no longer licenced.

Defending Michie, solicitor Robin Beattie said his client had been sacked as soon as the offence was reported to his former employer.

He told the court: “He was previously working as a taxi driver.

“However he was sacked on the day of his initial plea in the court.

“That’s not surprising,” said Sheriff Gregor Murray.

Mr Beattie continued: “I think that’s one of the conditions of being a licenced driver."


This seems to be mixing up the licensing process and the employment situation, so not entirely clear what happened to his licence. And doubt if he was actually 'employed' anyway.


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PostPosted: Thu Jan 17, 2019 9:21 pm 
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So in short the council has the powers already, but the slowing down of the suspending procedure is due to the committee calendar.

Thus delegated powers would speed matters up.

Down here we have the section in the 2006 Road Traffic Act which stops drivers working during the appeals process, when the subject of the suspension relates to public safety.

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PostPosted: Fri Jan 18, 2019 11:50 am 
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Sussex wrote:
So in short the council has the powers already, but the slowing down of the suspending procedure is due to the committee calendar.

Thus delegated powers would speed matters up.


Yes, and think the more standard procedure (up here and down there) is for some sort of sub-committee to examine these things, which is presumably more flexible than the full committee system.

But maybe the reason Angus Council don't have such a delegated system in place is because it's not a thing they really need very often, at least according to what some of the councillors are saying (while of course police taking a different view).

Interesting though that the delegation of powers proposal seems to be to a senior council official and two licensing councillors, whereas I'd guess the more normal procedure wouldn't involve officials in the actual decision-making process.


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