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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, 21 February 2014 at 12 noon. Present:- Councillors W. Archibald (Chairman), J. Campbell, G. Edgar, G. Logan, D. Paterson, R. Stewart, T. Weatherston, B. White. Apologies:- Councillors J. Greenwell, B. Herd. In attendance:- Legal and Licensing Services Manager, Licensing Team Leader, Democratic Services Officer (F. Henderson), Inspector Scott, PC C. Lackenby, - Police Scotland. MINUTE 1. The Minute of the Meeting of 24 January 2014 had been circulated. DECISION APPROVED and signed by the Chairman. LICENSES ISSUED UNDER DELEGATED POWERS 2. There had been circulated copies of a list detailing the Civic Government and Miscellaneous Licences issued under delegated powers between 17 January 2014 and 12 February 2014. DECISION NOTED. MEMBER Councillor Paterson left the meeting during consideration of the following matter and took no part in the discussion and subsequent vote. HEARING TO CONSIDER GRANT OF TAXI DRIVER’S LICENCE – E. HALL 3. There had been circulated copies of an application submitted by Mr Edmund Hall for the Grant of a Taxi Driver’s Licence and a letter of objection dated 30th January 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. Mr Hall was present at the meeting. 4. Inspector Scott reported that Mr Hall had submitted an application for the grant of a Taxi Driver’s Licence to Scottish Borders Council on 23rd January 2014 and had disclosed his conviction on 25 July 2012. Mr Hall was interviewed at Galashiels Police Station on 29th January 2014, when he admitted his previous convictions which he had not fully declared. Inspector Scott went on to report that in relation to the offence referred to on16 February 1996, Mr Hall admitted that he had been socialising in Galashiels and at the end of the night he decided to sleep in his car to keep warm. Mr Hall had stated during interview that the other motoring offences related to driving above the speed limit and while he was using his motorbike. Inspector Scott advised that his last conviction in 2012 related to Mr Hall riding his motorbike without displaying L-plates for which he currently had three penalty points on his licence. 5. On being invited by the Chairman to address the Committee, Mr Hall submitted a letter of representation dated 20 February 2014 from Miss Alison Marshall of Messrs Haddon & Turnbull W.S. who stated she was unable to attend the hearing due to court commitments. Item No. 4 Miss Marshall’s written submission, which was circulated at the meeting, explained that Mr Hall had not disclosed the full extent of his previous convictions on his application as he had misunderstood the application form and did not realise they required to be declared given the significant amount of time which had passed. The submission stated that the first offence in 1996 had occurred when Mr Hall had been socialising in Galashiels and while waiting for a bus back to Hawick had decided to sit in the back seat of his motor vehicle with the engine running to provide heat and was therefore considered in charge of the motor vehicle. In relation to the offence on 29 December 2005, Mr Hall advised that he had received a telephone call advising him of his father’s serious illness and was travelling to the Borders General Hospital. His father had later died as a result of the illness. Mr Hall advised that the offence in July 2012, being the most recent came about as a result of the ‘L’ plate secured to the rear of the vehicle falling off. An ‘L’ plate was secured to the front of the vehicle however the offence was committed as no ‘L’ plate was displayed to the rear. With the exception of the offence in 1996, all offences had been dealt with by way of fixed penalty. In summary, Miss Marshall was of the opinion that Mr Hall had made a genuine mistake and had not made a deliberate attempt to mislead the Committee and was in her submission a fit and proper person to hold a taxi driver licence. The Committee invited Mr Hall to address them and questioned him on various matters including his future employment should a taxi drivers licence be granted, the matters surrounding the previous offences and his motorbike, which he had advised he had subsequently sold. He responded that he had an offer of employment in the event that his application was granted and considered that the convictions were of a minor nature and should not affect his application, that he was a fit and proper person. VOTE Councillor Edgar, seconded by Councillor White moved, that Mr Hall’s application for the grant of a Taxi Driver’s licence be refused. Councillor Weatherston, seconded by Councillor Stewart, moved as an amendment, that Mr Hall’s application for the grant of a Taxi Driver’s Licence be granted but for 6 months only with a requirement to attend a future hearing in respect of a renewal application. On a show of hands Members voted as follows:- Motion - 3 votes Amendment - 4 votes Accordingly, the amendment was carried. DECISION AGREED that the application for grant of a Taxi Driver’s Licence from Mr Hall be granted for a period of 6 months and that he would be required to attend a future hearing of the Committee to determine his renewal application. MEMBER Councillor Paterson re-joined the meeting prior to consideration of the following item. HEARING TO CONSIDER SUSPENSION OF TAXI DRIVER LICENCE – G. RABCEWICZ 6. There had been circulated copies of a letter from Police Scotland dated 11 February 2014 which reported on a recent incident involving Mr Rabcewicz which brought into question his continued suitability as a taxi driver. Mr Rabcewicz was present at the meeting with his wife. Prior to commencing consideration of the application, the Legal and Licensing Services Manager enquired of Mr Rabcewicz whether he required an interpreter. It was agreed that Mrs Rabcewicz would interpret for her husband. Inspector Scott requested clarification in relation to the appropriateness of Mrs Rabcewicz’s input at the meeting in view of her involvement in the incident leading to the hearing. Mrs Rabcewicz restated her decision to support her husband. Item No. 4 7. Inspector Scott reported that during the afternoon of Sunday, 9 February 2014, Mr Rabcewicz and his wife were within their home address when an argument broke out regarding grocery shopping, during which Mr Rabcewicz had become agitated and began shouting and swearing at his wife. Mrs Rabcewicz had left for work about 4 p.m., returning at 6.30 p.m. to find that Mr Rabcewicz had removed the contents of the kitchen fridge. As a result the earlier argument resumed and Mr Rabcewicz grabbed his wife by her clothing and pulled her towards him. Mrs Rabcewicz pushed her husband away, however he grabbed her left wrist and twisted her arm up her back causing her pain. They both fell backwards onto the couch where Mr Rabcewicz is reported to have said ‘I have had enough of you I hope you die first’. Mr Rabcewicz had then grabbed his wife by the neck and face, but Mrs Rabcewicz had kicked her husband in the stomach and managed to break free. Mrs Rabcewicz had attempted to telephone the Police using the landline, but could not get through and suspected her husband had unplugged the telephone. Mrs Rabcewicz had managed to contact the Police on a mobile when she advised in an emotional state that her husband had assaulted her. Mr Rabcewicz was traced and detained for questioning at Galashiels Police Station. He was subsequently arrested and charged with a Domestic Breach of the Peace due to evidence available and held to appear at Court the following day, where Mr Rabcewicz pled guilty and was admonished. In view of the evidence presented, the Police were of the opinion that Mr Rabcewicz was no longer a fit and proper person to be the holder of a taxi driver’s licence, and requested the immediate suspension of his taxi driver’s licence under the terms of Schedule 1, Paragraph 11(2)(a) of the Civic Government Scotland Act 1982. 8. On being invited by the Chairman to address the Committee, Mrs Rabcewicz explained on behalf of her husband, that the argument had taken place in their own home and they had been shocked when his Taxi Driver’s licence had been suspended after the Court decision. No one had advised them that pleading guilty would affect his Taxi Drivers Licence. Mrs Rabcewicz further explained that herself and her husband had managed to settle their differences. Members expressed concern that Mr Rabcewicz may lose his temper with a customer and after conferring with her husband, Mrs Rabcewicz advised that her husband had driven a taxi for six years and this was the first incident of this kind and unrelated to his taxi driver duties. Whilst the Members viewed the offence as very serious, they took into account his previous history as a taxi driver and that the incident had resulted from a domestic dispute with his wife who was fully supportive of him. They were of the opinion that the period of suspension already imposed on Mr Rabcewicz was sufficient for him to realise the gravity of his actions.

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