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ABERDEENSHIRE COUNCIL, a Local Authority having a place of business at Gordon House, Blackhall Road , Inverurie.
The Sheriff, having resumed consideration of the cause, Sustains the Pursuer's first and second pleas-in-law and Reverses the decision of the Defenders' Policy and Resources Sub- Committee to refuse to grant the renewal of the pursuer's Taxi Driver's licence and Hackney Plate Application taken on 3 rd October 2008; Grants the Pursuer said licence until 30 June 2010; Finds the Defenders liable in the expenses to the Pursuer; Allows an account of same to be given in and remits the same, when lodged to the auditor of court to tax and to report.
This is an application by the pursuer to reverse the decision of the Policy and Resources Sub- Committee of Aberdeenshire Council ("the Committee") to refuse to grant the renewal of the pursuer's taxi driver's licence. The decision was taken on 3 rd October 2008 ("the Hearing)". No. 5/2 of process is the Statement of Reasons and Reports.
At the time of the Hearing, the pursuer's taxi licence had been renewed for one year only. At that time he had two convictions, one for failing to exhibit a current excise licence on his vehicle and the other for refusing to identify the driver of a motor vehicle in respect of a speeding offence. In May 2008, there is a further conviction in respect of the pursuer plying for hire without having his ID badge and other things in his possession.
At the hearing on 3 rd October 2008 , the Committee considered matters apart from the pursuer's 2008 conviction above referred to. These matters are set out in Article 5 of Condescendence. There is no need to set these out because the respective positions of the parties is set out in that Article and the Answer.
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