Regulatory Sub-Committee guidance notes
The Sub-Committee is made up of 6 councillors and is chaired by the Convener, Councillor John Biggam. Details of current committee members can be found on the committee pages of this site.
The Regulatory Sub-Committee has responsibility for a range of licensing functions including taxi licensing. The Sub-Committee procedures for reviewing licensing decisions are detailed below.
On a day-to-day basis officers in Administration and Legal Services, acting under delegated powers, process Taxi and Private Hire driver and vehicle licensing applications and make decisions in relation to the grant, refusal or suspension of such licences.
As part of the licensing procedures it is now compulsory for every taxi and private hire driver to submit a current Disclosure Scotland certificate. The Council also consults with Central Scotland Police and any information provided by them will be taken into account when a licence in the decision making process. Where Central Scotland Police object to an application or make recommendations for a licence to be suspended, the applicant will have an opportunity to respond to the comments made prior to the relevant officer making a decision.
The Rehabilitation of Offenders Act 1974 which allows certain convictions to become "spent" after a period of time does not apply to applications for a Taxi or Private Driver's licence. Applicants must declare ALL previous convictions on their application and it is for the relevant officer to decide whether "spent" convictions should be taken into account when the application is being considered.
If the licence is to be refused or suspended the applicant will be sent a letter advising the grounds for refusal or suspension. The letter will also inform the applicant of their right to appeal, in writing, to the Council's Regulatory Sub-Committee.
The Sub-Committee has the power to determine any appeal referred to it in respect of the refusal or suspension of a Taxi or Private Hire Driver or Vehicle Licence. It can also impose conditions upon the licence-holder.
Applicants requesting an appeal through the Regulatory Sub Committee will receive a copy of all the reports and correspondence that are being submitted as background papers for consideration.
Applicants can bring representation to the Hearing.
The regularity of Sub-Committee meetings will depend on the number of applications that are awaiting decision. Most meetings will be held in private because the discussion will include information relating to a particular applicant.
Regulatory Sub-Committee meetings normally take place in the Council Chamber within the Council headquarters at Greenfield, Alloa.
Procedure for hearing appeals at the Regulatory Sub-Committee
Introduction
When determining an appeal against refusal or suspension of a licence the following procedure will be followed:
(a) The Convener will invite the relevant Council officer to state their reasons for refusing or suspending a licence. Where the relevant officer has taken "spent" convictions into account in deciding to refuse an application or suspend a licence, and this decision has been appealed to the Regulatory Sub- Committee, the Sub-Committee will follow the procedure set out below.
- The Convenor will ask the Council officer to give a general statement on the age and nature of the convictions and the reasons why the officer has taken the view that the spent convictions should be taken into account.
- The applicant will be offered an opportunity to comment on whether the Sub-Committee should take account of the spent convictions.
- If the Sub-Committee decides that it cannot consider the application fully without taking account of the spent convictions, the clerk will give details of the spent convictions to the members of the Sub-Committee (this information will already have been given to the applicant).
- The Convener will invite the Police to comment more fully on the spent convictions.
- The Convener will invite the applicant to ask the police or members questions and/or to make a statement about the convictions.
- The Sub-Committee will then decide which, if any, spent convictions are relevant to the application.
(b) The Convener will invite the police or any other objectors to comment on their objection to a licence
(c) The applicant, and members may then ask questions of objectors or of the police (in that order)
(d) The Convenor will then ask the Applicant to state his case and lead any evidence from if they wish to.
(e) Members or the relevant officer may then ask questions of the Applicant.
(f) The Convener will invite the relevant officer to sum up
(g) The Convener will invite the Applicant to Sum up
(h) The Convener will then invite members to discuss the application. The Sub-Committee may wish to discuss the matter in private. If so, all parties, except the Councillors and the Clerk, will be asked to leave the room whilst discussions take place.
(i) Voting will take place in accordance with the Council's Standing Orders.
(j) The Convener will tell the applicant the decision of the Sub-Committee
(k) If this is a decision to suspend the applicant:
- the applicant has the opportunity to address the Sub-Committee on the period of suspension.
- the Convener will invite the Sub-Committee to discuss the period of suspension.
- voting will take place in accordance with the Council's Standing Orders.
- the Convener will tell the licence holder about the period of suspension.
Right to Appeal (Applicants or Objectors)
If the applicant is not satisfied with the Sub-Committee's decision, there is the statutory right to ask for reasons for the decision in writing, however, the Head of Administration and Legal Services will issue a note of the Sub-Committee's reasons in all cases. This does not affect the rights of the applicant.
If applicant has the right to lodge an appeal with the Sheriff Clerk at Alloa against the Sub-Committee's decision. This action must be taken within 28 days from the date of the decision.
If the applicant is not sure about any aspect of the proceedings they should speak to the officers at the meeting or telephone the Licensing Administrator on 01259 452093 (email chiefexecutiveservices@clacks.gov.uk)
We are here to help
Before the meeting, if you are not sure about any aspect of the proceedings, please speak to the Licensing Administrator or telephone 01259 452093 (email chiefexecutiveservice@clacks.gov.uk).
Comments
This leaflet is for guidance only. You should always get independent legal advice.
Contact information
For further information about this page please contact:
Licensing Administrator, Chief Executive's Services
Greenfield House, Tullibody Road, Alloa, FK10 2AD
Tel: 01259 452093 / 450000 Fax: 01259 452230
Email: chiefexecutiveservice@clacks.gov.uk
Or use the on-line contact form.