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 Post subject: Angus council ruelings
PostPosted: Tue Sep 16, 2008 8:14 pm 
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Helen Jackson - Taxi Driver's Licence
With reference to Article 7(c) of the minute of meeting of this Committee of 29 May 2007, the Committee considered information received from Tayside Police in relation to Helen Jackson, 47 Lordburn Place, Forfar, the holder of a taxi driver's licence, advising that the licenceholder had one current conviction against her.
Miss Jackson was present and Mr Anderson, her agent, addressed the Committee during which he explained the circumstances of the current conviction.
Chief Inspector Clark then gave details of the current conviction detailed in the letter from Tayside Police dated 1 June 2007, and various questions were asked from members.
Mr Anderson then summed up.
Councillor Fairweather, seconded by Councillor Lumgair, moved that no action be taken regarding the taxi driver's licence held by Miss Jackson but that she be issued with a warning of the possible consequences of any future adverse reports.
COUNCILLOR OSWALD, SECONDED BY COUNCILLOR MURRAY, MOVED AS AN AMENDMENT TO SUSPEND MISS JACKSON'S TAXI DRIVER'S LICENCE ON THE GROUNDS THAT SHE WAS NO LONGER A FIT AND PROPER PERSON TO HOLD A LICENCE.
On a vote being taken, the members voted:-
For the motion:-
Councillors Fairweather, Brown and Lumgair (3).
For the amendment:-
Councillors Mackintosh, Evans, King, Millar, Morrison, Murray, Oswald, Palmer and Spink (9).
The amendment was accordingly declared carried and Mr Anderson, the applicant's agent was given the opportunity to address the committee on the period of suspension for his client.
COUNCILLOR MACKINTOSH, SECONDED BY COUNCILLOR MILLAR, MOVED THAT MISS JACKSON'S TAXI DRIVER'S LICENCE BE SUSPENDED FOR A PERIOD OF THREE MONTHS.
Councillor Oswald, seconded by Councillor Murray, moved as an amendment that Miss Jackson's taxi driver's licence be suspended until June 2008.
On a vote being taken, the members voted:-
For the motion:-
Councillors Mackintosh, Fairweather, Brown, Lumgair, Millar and Spink (6).
For the amendment:-
Councillors Evans, King, Murray, Oswald and Palmer (5).
The motion was accordingly declared carried and became the finding of the meeting.


Patricia Gerrie - Private Hire Car Licence
The Committee considered a letter of objection received from Tayside Police in relation to an application for a private hire car driver's licence received on 25 July 2007 from Patricia Gerrie, 20 Annfield Drive, Arbroath.
Ms Gerrie was present and addressed the Committee.
The Committee noted that the applicant had spent convictions, outline details of which were contained within Appendix 2 of the letter from Tayside Police dated 2 August 2007. Chief Inspector Clark advised the Committee of the age and nature of the spent convictions and the Committee unanimously agreed that, in all the circumstances, it was in the interest of justice that Appendix 2 be circulated. The Committee then noted the outline details of the spent convictions.
Ms Gerrie then explained the reasons for the number of spent convictions and Chief Inspector Clark gave details of the current conviction referred to in Appendix 1 of the letter from Tayside Police dated 2 August 2007. He was also then given the opportunity to speak in support of the objection from Tayside Police.
Ms Gerrie then summed up her case.
The Committee agreed that the application be refused as the applicant was not a fit and proper person to be the holder of a private hire car licence.
(c) Patricia Gerrie - Private Hire Car Driver's Licence
The Committee considered a letter of objection received from Tayside Police in relation to an application for a private hire car driver's licence received on 25 July 2007 from Patricia Gerrie, 20 Annfield Drive, Arbroath.
Ms Gerrie was present and addressed the Committee.
The Committee agreed that the application be refused as the applicant was not a fit and proper person to be the holder of a private hire car driver's licence.


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PostPosted: Wed Sep 17, 2008 2:33 am 
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I fail to see how someone they have decided is "not a fit and proper person", will suddenly become one again after a set period of time.

A sheriff would likely throw this ruling out. :wink:

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PostPosted: Wed Sep 17, 2008 9:32 pm 
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gusmac wrote:
I fail to see how someone they have decided is "not a fit and proper person", will suddenly become one again after a set period of time.

A sheriff would likely throw this ruling out. :wink:


If you challenged the decision making process at the council hearing under human rights, you might well be right?

It's illogical to suggest that someone becomes a "fit and proper person" after a period of time. The decision making process (if there is one) is therefore arbitrary and not reasonable.

The Civic Act is not is not being read in accordance with Human Rights legislation.

I've looked at the human rights act and that's what I came up with.

Anyone want to check it out?

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PostPosted: Wed Sep 17, 2008 11:23 pm 
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Quote:
I've looked at the human rights act and that's what I came up with.


I suppose the title of the act disenfranchises your good self?

CC

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PostPosted: Thu Sep 18, 2008 6:31 pm 
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captain cab wrote:
Quote:
I've looked at the human rights act and that's what I came up with.


I suppose the title of the act disenfranchises your good self?

CC



Even I, CC, have the inalienable right to a fair hearing, a fair trial and no punishment without law. Not to mention being punished for the same crime twice.

I don't see how your human rights can be protected under the circumstances. Nor can I see how the Civic Act is being read in accordance EU Law. The council have no test for who is "fit and proper". They lack the requisite knowledge to come to their decision. Their methodology is flawed and illogical - there is no criteria - and no definition, just the discretionary powers to act unreasonable and without accountability.

These laws were only ever written to apply to the plebs, the hoi polloi, the scum . . . .

That's you and me CC . . . .

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PostPosted: Thu Sep 18, 2008 6:36 pm 
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Skull wrote:
captain cab wrote:
Quote:
I've looked at the human rights act and that's what I came up with.


I suppose the title of the act disenfranchises your good self?

CC



Even I, CC, have the inalienable right to a fair hearing, a fair trial and no punishment without law. Not to mention being punished for the same crime twice.

I don't see how your human rights can be protected under the circumstances. Nor can I see how the Civic Act is being read in accordance EU Law. The council have no test for who is "fit and proper". They lack the requisite knowledge to come to their decision. Their methodology is flawed and illogical - there is no criteria - and no definition, just the discretionary powers act unreasonable and without accountability.

These laws were only ever written to apply to the plebs, the hoi polloi, the scum . . . .

That's you and me CC . . . .


The former not the latter :wink:

CC

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PostPosted: Thu Sep 18, 2008 8:00 pm 
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captain cab wrote:
Skull wrote:
captain cab wrote:
Quote:
I've looked at the human rights act and that's what I came up with.


I suppose the title of the act disenfranchises your good self?

CC



Even I, CC, have the inalienable right to a fair hearing, a fair trial and no punishment without law. Not to mention being punished for the same crime twice.

I don't see how your human rights can be protected under the circumstances. Nor can I see how the Civic Act is being read in accordance EU Law. The council have no test for who is "fit and proper". They lack the requisite knowledge to come to their decision. Their methodology is flawed and illogical - there is no criteria - and no definition, just the discretionary powers act unreasonable and without accountability.

These laws were only ever written to apply to the plebs, the hoi polloi, the scum . . . .

That's you and me CC . . . .


The former not the latter :wink:

CC


Unfortunately CC, it's guys like you and Trevor, that sold us out but in so doing, you sold yourself out - :cry: but true.

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PostPosted: Thu Sep 18, 2008 8:03 pm 
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Skull wrote:

Unfortunately CC, it's guys like you and Trevor, that sold us out but in so doing, you sold yourself out - :cry: but true.


I dont really think so.

CC

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 Post subject:
PostPosted: Thu Sep 18, 2008 8:11 pm 
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captain cab wrote:
Skull wrote:

Unfortunately CC, it's guys like you and Trevor, that sold us out but in so doing, you sold yourself out - :cry: but true.


I dont really think so.

CC


It's the same in Edinburgh. :roll:

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 Post subject:
PostPosted: Thu Sep 18, 2008 8:13 pm 
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Quote:
Even I, CC, have the inalienable right to a fair hearing, a fair trial and no punishment without law. Not to mention being punished for the same crime twice.

I don't see how your human rights can be protected under the circumstances. Nor can I see how the Civic Act is being read in accordance EU Law. The council have no test for who is "fit and proper". They lack the requisite knowledge to come to their decision. Their methodology is flawed and illogical - there is no criteria - and no definition, just the discretionary powers to act unreasonable and without accountability.

These laws were only ever written to apply to the plebs, the hoi polloi, the scum . . . .

That's you and me CC . . . .


You don't disagree with the above because is suites you down to the ground.

Why should you care?

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 Post subject:
PostPosted: Thu Sep 18, 2008 8:15 pm 
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Was it a conscious decision to take the queens shilling by selling everyone out or didn't you know what you were doing? :?

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PostPosted: Thu Sep 18, 2008 8:36 pm 
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Skull wrote:
Was it a conscious decision to take the queens shilling by selling everyone out or didn't you know what you were doing? :?


I took the queens shilling and served our country...I was 15 at the time tho :?

CC

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