Item No. 4 SCOTTISH BORDERS COUNCIL CIVIC GOVERNMENT … · 2014. 8. 22. · by officers and issued...
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Item No. 4 SCOTTISH BORDERS COUNCIL CIVIC GOVERNMENT LICENSING COMMITTEE MINUTE of MEETING of the CIVIC GOVERNMENT LICENSING COMMITTEE held in COMMITTEE ROOMS 2/3, COUNCIL HQ, NEWTOWN ST BOSWELLS on Friday, 25 July 2014 at 11.30 a.m. Present:- Councillors W. Archibald (Chairman), G. Edgar, G. Logan, D. Paterson, J. Torrance, T. Weatherston, B. White. Apologies:- Councillors J. Campbell, J. Greenwell, B. Herd, R. Stewart. In attendance:- Legal and Licensing Services Manager, Licensing Team Leader, Democratic Services Officer (F. Walling), Inspector Hodges, PC Lackenby - Police Scotland. ORDER OF BUSINESS 1. The Chairman varied the order of business as shown on the agenda and the Minute reflects the order in which the items were considered at the meeting. MINUTE 2. The Minute of the Meeting of 20 June 2014 had been circulated. DECISION APPROVED and signed by the Chairman. LICENSES ISSUED UNDER DELEGATED POWERS 3. There had been circulated copies of a list detailing the Civic Government and Miscellaneous Licences issued under delegated powers between 13 June 2014 and 16 July 2014. DECISION NOTED. HEARING TO CONSIDER GRANT OF TAXI DRIVER’S LICENCE – MS KERRIE GIBB 4. There had been circulated copies of an application submitted by Ms Kerrie Gibb for the Grant of a Taxi Driver’s Licence and a letter of objection dated 10 July 2014 received from Police Scotland which stated that the Police could not support the grant of the licence on the basis that the applicant was not a fit and proper person to be the holder of such a licence, in terms of Schedule1, Paragraph 5(3)(a)(ii) of the Civic Government (Scotland) Act 1982. Ms Gibb was present at the meeting. 5. Inspector Hodges reported that Ms Gibb had submitted an application for the grant of a Taxi Driver’s Licence to Scottish Borders Council on 23 June 2014. Ms Gibb was subsequently interviewed at Galashiels Police Station, where she admitted her previous convictions, which she had not fully declared. Inspector Hodges went on to report that in relation to the offence referred to on 9 July 2009, Ms Gibb was stopped whilst driving a Taxi in High Street, Innerleithen. At this time she had been issued a Hort1 to produce her documents; having failed to do so within 7 days, she was traced to her home address and charged with the offence. The charge referred to on 16 September, 2010 referred to Ms Gibb driving a motor vehicle between Walkerburn and Innerleithen when she was stopped by officers and issued with a Hort1 form to produce her documents. She subsequently failed to produce these and was reported to the Procurator Fiscal. 6. On being invited by the Chairman to address the Committee, Ms Gibb referred firstly to the conviction in 2009. She explained that as she had become ill at that time, with mental health issues, the business had been taken over by her brother who had cancelled the insurance of the vehicle without her knowledge. At the time when she was stopped by the
Transcript of Item No. 4 SCOTTISH BORDERS COUNCIL CIVIC GOVERNMENT … · 2014. 8. 22. · by officers and issued...
Item No. 4 SCOTTISH BORDERS COUNCIL
CIVIC GOVERNMENT LICENSING COMMITTEE
MINUTE of MEETING of the CIVICGOVERNMENT LICENSING COMMITTEEheld in COMMITTEE ROOMS 2/3, COUNCILHQ, NEWTOWN ST BOSWELLS on Friday, 25July 2014 at 11.30 a.m.
Present:- Councillors W. Archibald (Chairman), G. Edgar, G. Logan, D. Paterson,J. Torrance, T. Weatherston, B. White.
Apologies:- Councillors J. Campbell, J. Greenwell, B. Herd, R. Stewart.In attendance:- Legal and Licensing Services Manager, Licensing Team Leader, Democratic
Services Officer (F. Walling), Inspector Hodges, PC Lackenby - Police Scotland.
ORDER OF BUSINESS1. The Chairman varied the order of business as shown on the agenda and the Minute reflects
the order in which the items were considered at the meeting.
MINUTE2. The Minute of the Meeting of 20 June 2014 had been circulated.
DECISIONAPPROVED and signed by the Chairman.
LICENSES ISSUED UNDER DELEGATED POWERS3. There had been circulated copies of a list detailing the Civic Government and
Miscellaneous Licences issued under delegated powers between 13 June 2014 and 16 July2014.
DECISION NOTED.
HEARING TO CONSIDER GRANT OF TAXI DRIVER’S LICENCE – MS KERRIE GIBB4. There had been circulated copies of an application submitted by Ms Kerrie Gibb for the
Grant of a Taxi Driver’s Licence and a letter of objection dated 10 July 2014 received fromPolice Scotland which stated that the Police could not support the grant of the licence onthe basis that the applicant was not a fit and proper person to be the holder of such alicence, in terms of Schedule1, Paragraph 5(3)(a)(ii) of the Civic Government (Scotland) Act1982. Ms Gibb was present at the meeting.
5. Inspector Hodges reported that Ms Gibb had submitted an application for the grant of aTaxi Driver’s Licence to Scottish Borders Council on 23 June 2014. Ms Gibb wassubsequently interviewed at Galashiels Police Station, where she admitted her previousconvictions, which she had not fully declared. Inspector Hodges went on to report that inrelation to the offence referred to on 9 July 2009, Ms Gibb was stopped whilst driving a Taxiin High Street, Innerleithen. At this time she had been issued a Hort1 to produce herdocuments; having failed to do so within 7 days, she was traced to her home address andcharged with the offence. The charge referred to on 16 September, 2010 referred to MsGibb driving a motor vehicle between Walkerburn and Innerleithen when she was stoppedby officers and issued with a Hort1 form to produce her documents. She subsequentlyfailed to produce these and was reported to the Procurator Fiscal.
6. On being invited by the Chairman to address the Committee, Ms Gibb referred firstly to theconviction in 2009. She explained that as she had become ill at that time, with mentalhealth issues, the business had been taken over by her brother who had cancelled theinsurance of the vehicle without her knowledge. At the time when she was stopped by the
Item No. 4police she had no idea that the vehicle was not insured. Ms Gibb further explained that shehad not declared the charge of having no insurance that occurred in 2010 on theapplication form as this had been subsequently admonished. She advised that on thatoccasion she had been insured through the business fleet insurance. When questioned byMembers of the Committee about why she had not produced her documents on eitheroccasion Ms Gibb explained that in 2009 this was due to her health issues and state ofmind. In 2010 she had assumed her brother was sorting the situation through the fleetinsurance. In response to further questions she explained that both speeding offences hadbeen the result of driving at 42 mph in a 30 mph area. She had not renewed her licence in2009 due to ill health and confirmed that she had not driven a taxi when she was ill.
DECISIONAGREED that the application for grant of a Taxi Driver’s Licence from Ms Kerrie Gibbbe granted for a period of six months whereafter she be required to submit a renewalapplication and attend a further hearing of the Committee for its determination.
DECLARATION OF INTERESTCouncillor Paterson declared an interest in the following item of business in terms ofSection 5 of the Councillors Code of Conduct and left the Chamber during the discussion.
PC Lackenby left the meeting for this item of business.
HEARING TO CONSIDER GRANT OF TAXI DRIVER’S LICENCE - MR DAVIDRICHARDSON
7. With reference to paragraph 7 of the Minute of 24 January 2014, there had been circulatedcopies of a report by the Service Director Regulatory Services advising Members (a) of theoutcome of an appeal to the Sheriff of their decision to refuse an application for the grant ofa Taxi Driver Licence by David Richardson and (b) that they were required to consider theapplication of new. The report explained that David Richardson had submitted anapplication on 22 November 2013 for the grant of a Taxi Driver Licence. A copy of theapplication accompanied the report as appendix 1. Chief Inspector, Andrew Clark of PoliceScotland stated that he could not support the application on the basis the applicant was nota fit and proper person in the light of the convictions as recorded per the police nationalcomputer. A copy of the Police report dated 19 December 2013 was appended as appendix2. Also attached to the report was a copy of the letter, dated 20 January 2014, from MrRichardson’s legal agent Messrs Bannerman Burke, which had been tabled at the meetingof the Committee on 24 January 2014 when the application was previously considered. Thereport narrated the circumstances leading to the reconsideration of the application namelythat at the hearing on 24 January 2014, the Committee had refused the application on amajority vote of 4 – 3 on the grounds that the applicant was not a fit and proper person tohold such a licence. Following that decision, the applicant’s solicitor had submitted arequest for a Statement of Reasons which was issued on 14 February 2014 and an appealwas subsequently served on the Council. Following a preliminary hearing on procedurebefore Sheriff P Paterson in Selkirk Sheriff Court on 20 March 2014 the Appeal wasgranted and remitted to the Council for determination of the application afresh.
8. Mr Richardson was present at the meeting and was accompanied by his legalrepresentative, Miss Cruden of Bannerman Burke, Solicitors.
9. Inspector Hodges advised that the position of Police Scotland was unchanged from themeeting when the application was first considered. He confirmed that Police Scotlandcould not support the application and again referred Members to the applicant’s previousconvictions. On being invited to address the Committee, Miss Cruden referred to each ofthe previous convictions listed. She accepted that the assault which took place in 1979, forwhich he received a 9 month prison sentence, was serious. However she pointed out thatthis took place 35 years ago when her client was 21. The charge of Breach of the Peacewhich took place in 1996 had been admonished. Miss Cruden went on to point out thatwhen again charged with Breach of the Peace in 2001 the Sheriff had taken into account
Item No. 4circumstances and chose to impose a fine rather than a more severe sentence. MissCruden submitted that the language used by the police in their objection letter relating tothe conviction in 2004 for Assault was emotive. Although the victim suffered from CerebralPalsy, in her client’s opinion from his appearance he was a normally abled individual andhe had not been aware of the condition, so this should not have been highlighted as afactor. She pointed out that her client was not working as a bouncer(security steward) at the time of the assault and was remorseful. She added that again theSheriff could have applied a stiffer sentence but chose not to. Finally Miss Crudenhighlighted that the most recent conviction, for speeding, had been dealt with and was over8 years ago.
10. Members of the Committee discussed the application and received answers to theirquestions from Mr Richardson and his legal agent. Concern was expressed by Membersthat, although the convictions were historic, there appeared to be a pattern of assault andthere was a risk that this type of aggressive behaviour could return in the event of a disputewith another party. With respect to the assault in 2004 it was pointed out that the fact thatMr Richardson was not working as a bouncer at the time of the assault was irrelevant andthat, particularly due to his employment as a bouncer, he should not have allowed himselfto be provoked. Members were also concerned at the speed that Mr Richardson wasdriving his car of 85.21 mph on the A7, for which he received a conviction. In their view thiswas excessive and over the bounds of acceptability. However a view was also expressedthat 10 years had lapsed since Mr Richardson’s last serious offence, that there was no hardand fast rule as to what period of time should pass before they could determine a person asfit and proper, and as there had been 35 years since the serious assault they were of theview the application was fit and proper and that the application should therefore besupported.
VOTECouncillor Logan, seconded by Councillor White, moved that Mr Richardson’s applicationfor the grant of a Taxi Driver’s licence be refused.
Councillor Edgar, seconded by Councillor Weatherston, moved as an amendment that MrRichardson’s application for a Taxi Driver’s licence be granted,
On a show of hands Members voted as follows:Motion - 3 votesAmendment - 3 votes
The Chairman used his casting vote in favour of the motion and the motion was accordinglycarried by 4 votes to 3.
DECISIONAGREED that the application for a Taxi Driver’s Licence from Mr Richardson berefused on the grounds that he could not be considered a fit and proper person tohold such a licence due to the serious nature and pattern of his previousconvictions related to incidents of violence and a serious road traffic offence forspeeding.
The meeting concluded at 12.10 pm
Applicant/Existing Licenceholder Type and Nature of Application DescriptionDateGranted
Andre Russell Late Hours Catering - RenewalAntonys Takeaway, Coldstream - Mon to Thurs 11pm - 12midand Fri & sat - 11pm - 1am 29/07/2014
Emin Basanmay Late Hours Catering - Temporary21 West High Street, Lauder - 30/07-02/08 11pm - 1am and03/08 11pm - 12mid 22/07/2014
Correne Mole Marches and Parades Run Eyemouth - 22/08/14 20/07/2014Oxton Border Games per Malcolm Edgar Marches and Parades Opening Parade Oxton Border Games - 26/07/14 21/07/2014Lauderdale Community Council Marches and Parades Commemoration of 1st World War 1914 - 04/08/14 22/07/2014The Rotary Club of Melrose per Richard J Salem Marches and Parades Finale of the Melrose Pipe Band Championship - 02/08/14 25/07/2014Hawick Scout Pipe Band Marches and Parades Pipe Band March- Hawick - 25/07/14 22/07/2014Edinburgh Road Club Marches and Parades Lothian Flyer Road Race 17/07/2014Children's Hospice Association Scotland Marches and Parades Beat the Borders - 30/08/14 28/07/2014Jemma Landels Market Operator - Temporary Various areas in Eyemouth 17/07/2014Selkirk Rally per Robert Gordon Edgar Market Operator - Temporary Selkirk Rally, Sunderland Hall, Selkirk - 21/09/14 28/07/2014The Haining Charitable Trust Market Operator - Temporary The Haining, Selkirk - 16/08/14 24/07/2014Peeblesshire Agricultural Society Market Operator - Temporary Nether Horsburgh Farm, Cardrona - 16/08/14 07/08/2014Hillside Outside Limited Market Operator - Temporary Tweed Green, Peebles, 23-24/08/14 31/07/2014Neil Sumpton Metal Dealer - Itinerant - Renewal AE51 YSO and AU55 FFX - Mon to Fri 8am - 5pm 15/07/2014Mary Williams Metal Dealer - Itinerant - Renewal Citreon Dispath - TN07 CMU - Mon to Sun 6am-8pm 29/07/2014Nicholas Gillespie Private Hire Driver - Renewal 1/PD7 - Eric Robertson 12/08/2014John Anderson Private Hire Driver - Renewal 1/PD12 - Self 13/08/2014William Herbert Private Hire Driver - Renewal 1/PD28 - Eric Robertson 13/08/2014Ian Fairbairn Private Hire Driver - Renewal 2/PD18 - Mobility Assist 12/08/2014Keith Gibb Private Hire Vehicle - Grant 4/PV30 - SA57 JVO - Vauxhall Astra - Silver - 4 Passengers 07/08/2014Christopher Stark Private Hire Vehicle - Substitution 4/PH15 - Self 17/07/2014Angela Robertson Public Entertainment - Grant Grantshouse Village Hall 17/07/2014Buccleuch Recreational Enterprises Public Entertianment - Material Change Bowhill Theatre, Bowhill, Selkirk 10/07/2014Focus Community Centre Public Entertainment - Renewal Focus Community Centre, Livingston Place, Galashiels 28/07/2014Yarrowford Public Hall Public Entertainment - Renewal Yarrowford Public Hall, Yarrowford 28/07/2014MacFie Hall Committee Public Entertainment - Renewal MacFie Hall, Heriot 23/07/2014
CIVIC GOVERNMENT AND MISCELLANEOUS LICENCES Item No. 5 ISSUED UNDER DELEGATED POWERS
17 July 2014 to 14 August 2014
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Applicant/Existing Licenceholder Type and Nature of Application DescriptionDateGranted
Jemma Landels Public Entertainment - Temporary Kirk Square; Home Arms Car Park; Eyemouth Town Centre 17/07/2014Reuben Slater Public Entertainment - Temporary Public Park, Lauder - Wed 30 July - Sat 2 Aug - Funfair 17/07/2014Oxtone Border Games Public Entertainment - Temporary Justicehall Haugh, Oxton, Nr Lauder - 26/07/14 21/07/2014The Rotary Club of Melrose Public Entertainment - Temporary Melrose Pipe Band Championship - 02/08/14 25/07/2014Selkirk Rally Public Entertainment - Temporary Selkirk Rally, Sunderland Hall - 21/09/14 28/07/2014The Haining Charitable Trust Public Entertainment - Temporary The Haining, Selkirk - 16/08/14 24/07/2014
Stowed Out Music Festival Public Entertainment - TemporaryQuoiting Green, Station Road, Stow, Nr Galashiels - 15 & 16August 25/07/2014
Big Kid Circus Public Entertainment - Temporary Hawick Common Haugh Car Park, Hawick - 1-4 August 29/07/2014Peeblesshire Agricultural Society Public Entertainment - Temporary Nether Horsburgh Farm, Cardrona - 16/08/14 07/08/2014
Daina McFarlane Second Hand Dealer - GrantSat 9am - 5.30pm- Jewellery including watches, clocks andother chronometers 29/07/2014
Graham McNeill Street Trader - GrantFord Transit - X196 FCR - Sun to Sat 10am - 11pm - IceCream and Confectionary 05/08/2014
Karen Hogg Street Trader - Grant Catering Kiosk - Fast Food and Ice Cream 07/08/2014
Alina Ciachera Street Trader - Grant (Employee)Luton Transit - X113 DBF - Sun to Sat 7am - 11pm - Fish &Chips, Burgers, Snacks, Confectionary and Drinks 07/08/2014
Derek Davidson Taxi Driver - Grant 2/TD3 - Five Star/Mobility Star 11/08/2014Stuart Aitchison Taxi Driver - Grant 2/TD23 - Five Star/Mobility Assist 11/08/2014June Fraser Taxi Driver - Grant 2/TD33 - Hunter's Cabs & Minibuses 11/08/2014Kevin McLean Taxi Driver - Grant 3/TD29 - Lex's Taxis 06/08/2014Robert G Y Weatherhead Taxi Driver - Grant 3/TD41 - Five Star/Mobility Assist 11/08/2014Paul G Brydon Taxi Driver - Grant 3/TD70 - A1 Taxis, Hawick 06/08/2014Peter Watson Taxi Driver - Grant 4/TD27 - Gold Star Taxis 17/07/2014Kerrie Gibb Taxi Driver - Grant 4/TD34 - BARC 31/07/2014Richard Green Taxi Driver - Renewal 2/TD7 - Five Star 05/08/2014Derek Richmond Taxi Driver - Renewal 2/TD16 - Hawick Taxi 16/07/2014Richard Marshall Taxi Driver - Renewal 2/TD24 - Self 16/07/2014John Blackie Taxi Driver - Renewal 2/TD25 - Mobility Assist, Galashiels 07/08/2014Edward Moffat Taxi Driver - Renewal 2/TD26 - Mobility Assist, Galashiels 12/08/2014James Marshall Taxi Driver - Renewal 2/TD30 - Self 05/08/2014Thomas Russell Taxi Driver - Renewal 2/TD34 - E & J Taxis 13/08/2014Stacey Lightfoot Taxi Driver - Renewal 2/TD50 - D J Taxis 13/08/2014
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Applicant/Existing Licenceholder Type and Nature of Application DescriptionDateGranted
Charles Paterson Taxi Driver - Renewal 2/TD51 - Five Star 16/07/2014Allan Ferguson Taxi Driver - Renewal 2/TD55 - Self 12/08/2014Kenneth Leslie Taxi Driver - Renewal 2/TD57 - Self 17/07/2014Ian Barron Taxi Driver - Renewal 2/TD65 - Five Star 16/07/2014Michael Borek Taxi Driver - Renewal 2/TD66 - Self 12/08/2014Gary Lyall Taxi Driver - Renewal 2/TD70 - Hunter's Cabs 16/07/2014Alexander Doherty Taxi Driver - Renewal 2/TD91 - Five Star 17/07/2014John Smith Taxi Driver - Renewal 2/TD105 - Five Star 05/08/2014Robert Lazzari Taxi Driver - Renewal 2/TD176 - Self 12/08/2014Michael Howell Taxi Driver - Renewal 2/TD260 - Self 05/08/2014Alan Cowburgh Taxi Driver - Renewal 2/TD261 - Self 12/08/2014Christopher McCann Taxi Driver - Renewal 2/TD269 - Self 12/08/2014John Dixon Taxi Driver - Renewal 2/TD280 - Chris Weir 13/08/2014Frank Green Taxi Driver - Renewal 2/TD333 - Colin McLaren 13/08/2014Christopher Alder Taxi Driver - Renewal 2/TD381 - Allied Cabs, Newtown St Boswells 12/08/2014John Gibson Taxi Driver - Renewal 3/TD11 - Self 17/07/2014Ellen Fraser Taxi Driver - Renewal 3/TD16 - Christine McKenzie 17/07/2014James C Crawford Taxi Driver - Renewal 3/TD23 - Jacek Zwizchcewski 05/08/2014Walter Murray Taxi Driver - Renewal 3/TD36 - Self 17/07/2014David J McLean Taxi Driver - Renewal 3/TD86 - Lex's Taxi 05/08/2014Francis Little Taxi Driver - Renewal 3/TD109 - Hawick Taxis 15/07/2014Moira Steel Taxi Driver - Renewal 3/TD122 - Peter Hogg 17/07/2014Robert Scott Taxi Driver - Renewal 4/TD22 - Tweedline Taxis 16/07/2014Derek Allison Taxi Driver - Renewal 4/TD25 - A2B Taxis 13/08/2014
Christopher Spain Taxi Vehicle - Grant - Dual Plate1/TV24 - 3/TV24 - FD57 MKZ - Grand Scenic Dynamique -grey - 6 Passengers 06/08/2014
Kaye M Niven Taxi Vehicle - Grant 2/TV4 - MM14 GXV - Toyota Avensis - Black - 4 Passengers 25/07/2014
Kaye M Niven Taxi Vehicle - Grant 2/TV13 - MM14 GXW - Toyota Avensis - Black - 4 Passengers 25/07/2014
Michael B Howell Taxi Vehicle - Grant2/TV33 - LT58 JFZ - Volkswagen Phaeton - Silver - 4Passengers 06/08/2014
Kindertons Limited Taxi Vehicle - Grant 2/TV115 - DA12 JTU - Ford Galaxy - Black - 6 Passengers 29/07/2014Hunter's Cabs and Minibuses Taxi Vehicle - Grant 2/TV143 - S011 XRR - Vauxhall Zafira - Silver - 6 Passengers 06/08/2014
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Applicant/Existing Licenceholder Type and Nature of Application DescriptionDateGranted
Keith Gibb Taxi Vehicle - Grant 4/TV36 - SL58 YHB - Vauxhall Zafira - Silver - 6 Passengers 07/08/2014
John W Wood Taxi Vehicle - Material Change3/TV93 - T33 JWW - Volkswagen Touran SE TDi 140 - Blue -6 Passengers 06/08/2014
Andrew Frame Taxi Vehicle - Renewal 4/TV27 - Ford Mondeo EF09 JOV - Grey - 4 Passengers 17/07/2014Brian Hunter & George Jack Taxi Vehicle - Renewal 2/TV144 - Vauxhall Zafira SM08 LR0 - Black - 6 Passengers 17/07/2014Brian Hunter & George Jack Taxi Vehicle - Renewal 2/TV114 - SM08 KUA - Vauxhall Zafira - Black - 6 Passengers 24/07/2014
MISCELLANEOUS LICENSINGApplicant/Existing Licenceholder Type and Nature of Application Description GrantedKaren Steel Animal Boarding - Grant Ayton Cocklaw Farm - 10 Dogs 29/07/2014Allan McDonald Animal Boarding - Grant 27 Glen Road, Peebles - 2 Dogs 31/07/2014Andrew Rourke and Wendy J Wood Civil Marriage - Temporary Roulotte Retreat, Nr Melrose - 05/08/14 24/07/2014Michael V A Smith and Claudine A Laing Civil Marriage - Temporary Dryburgh Abbey - 08/08/14 25/07/2014Christopher Weston & Deborah Willocks Civil Marriage - Temporary Melrose Abbey - 26/07/2014 16/07/2014James Johnstone Hill and Denise Watts Civil Marriage - Temporary The Carters Rest, Jedburgh - 23/08/14 05/08/2014Scott Alexander Walker & Catherine Lesley Herse Civil Marriage - Temporary Gateshaw House, Morebattle - 07/08/14 23/07/2014Nic Merlijn Verbik and Kate Elliott Civil Marriage - Temporary Redheugh, Newcastleton - 02/08/14 23/07/2014Jenny Leggate Riding Establishment - Renewal Greenlawdean, Greenlaw - 5 Horses 17/07/2014Anne M Cranston Riding Establishment - Renewal Broomhill Farm, Selkirk - 18 Horses 07/08/2014Alister Hogarth Riding Establishment - Renewal Linglie Farm, Selkirk - 20 Horses 28/07/2014Walter Murray Venison - Renewal Burnhouses, Duns 29/07/2014George Whiteford Venison - Renewal 28 Castle Street, Duns 29/07/2014
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Scottish Borders Council – Licensing Committee
Taxi Driver Licence Application supporting statement from David Pritchard.
I have never attempted to hide any criminal convictions I have, and fully declared all on myinitial application form.
At my interview with PC Robertson in Earlston on 5th August, I fully explained eachconviction, which have been noted accurately on the Police Scotland accompanying letter.
I would like to explain more fully each conviction so the committee can gain a full picture ofthe circumstances for each offence.
01/02/1983 Kirkwall Sherrif Court, Breach of the Peace, fined £20. This offence wascommitted in November 1982, when I was part of the Greenpeace/Sea Shepherdcampaign to stop the annual cull of grey seal pups. I spent most of the day in questionaboard a rigid hull inflatable boat, going to and from various small islands off Orkneymainland, and at various points in the day, I stood in front of registered seal hunters whenthey were attempting to shoot grey seal pups, this was a purely peaceful protest with noactual contact against the seal hunters. I was arrested when our boat pulled into Kirkwallharbour at the end of the day. This action by myself will not occur again as since 1983 nofurther licences to cull grey seals have been issued, and I would be unlikely to attend anyfurther such campaign or protest as in 1982 as my own personal circumstances andpersonal responsibilities have changed.
12/10/1995 Selkirk District Court, Public Order Act 1986 S68, fined £150. This offence wascommitted in early 1995, possibly February or March. I was part of an anti hunting protestagainst the activities of the Duke of Buccleuch’s Fox hunt. Late in the afternoon a huntedfox had taken refuge in a large metal pipe sticking out of a gorse bank in a field. Toprevent the hunt from putting terrier dogs down the pipe, I merely sat with my back againstthe pipe entrance and refused to move. The police, who were called, approached me andasked me to move, to which I again refused. I was then informed I was under arrest andwas taken into custody with minimal fuss and no altercation on my part. I did not at anytime struggle or put up any resistance and walked away from the pipe flanked by the twoofficers. This protest will not happen again, as both hunting foxes with hounds and usingterrier dogs to either flush out or kill foxes underground are now illegal by statute of law inboth Scotland and England.
I very much regret having a criminal record against my name, as I am by nature a verypeaceful and law abiding person. Neither of these convictions involved violence or anyform of personal abuse against anyone else, but were in my view offences committed as aresult of highly held personal moral beliefs regarding the hunting and killing of wildlife, forwhich I was prepared to face the consequences.
23/11/2001 Edinburgh District Court. Failing to comply with road sign, fixed penalty fineand three points on my driving licence. This offence occurred whilst driving a City ofEdinburgh Council vehicle during my employment as a Trade Waste Enforcement Officer. Iwas delivering trade waste refuse sacks to various commercial customers. I was inCharlotte Square and turned right into George Street without realising this was now a “noright turn”. I had actually stopped my vehicle and was in the process of delivering therefuse sacks, when approached by Police officers. They explained the road traffic offence Ihad just committed, and took my details. I was sent a letter detailing my offence, to which Iaccepted the offence and both paid my fine and forwarded my licence to DVLA inSwansea. The offence code as it appears on my licence is TS50. Since this date, and
once the offence became spent, I have held a clean driving licence with no furthermotoring convictions.
I take great pride in my driving abilities, and if granted a taxi driver licence would strive touphold the high standard of driving I am capable of. I have taken and passed advanceddriving tests with both the Institute of Advanced Motorists, of which I am a full member(Minibus category) since 1995, and also passed the RoSPA advanced driving test with agold level pass in 1997, which is the highest civilian driving assessment in the UK.
I do hope I have fully explained my previous criminal convictions to your satisfaction, butam more than willing if asked, to truthfully respond to any further questions the committeemay wish to ask at my hearing, and look forward to meeting you all at the same.
David Pritchard
