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Licensing Sub-Committee - Friday, 1 May 2026 - 10.15 am
May 1, 2026 at 10:15 am Licensing Sub-Committee View on council website Watch video of meeting Watch video of meeting Read transcript (Professional subscription required)Summary
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The Licensing Sub-Committee of Aberdeenshire Council met on Friday, 1 May 2026, to discuss a proposed public procession and a review of the taxi fare scale. The committee decided to impose conditions on the procession rather than prohibit it and agreed to proceed with public consultation on proposed changes to the taxi fare scale.
Proposed Public Procession by Dunnottar Martyrs Memorial Loyal Orange Lodge Number 1685
The committee considered a notification from the Dunnottar Martyrs Memorial Loyal Orange Lodge Number 1685 to hold a public procession in Stonehaven on Saturday, 27 June 2026. The procession, intended to commemorate the anniversary of the Battle of the Boyne, was planned to start at 8 am with approximately 70 participants and the Newmains Loyalist Flute Band.
Discussion:
- Legal Framework: The committee was reminded of the statutory framework under the Civic Government (Scotland) Act 1982, which requires consideration of public safety, public order, damage to property, and disruption to the life of the community. They also had to balance these considerations with the right to freedom of assembly under Article 11 of the European Convention on Human Rights. A key principle is that prohibition of a procession should be a measure of last resort.
- Police Scotland Representation: Inspector Susan Taylor of Police Scotland presented the force's submission, noting that while there was no specific intelligence indicating public disorder, there was potential for community concern and counter-protests. Police Scotland confirmed they could provide a proportionate policing response and proposed a list of nine conditions to mitigate risks. These included requirements for stewards to wear high-visibility jackets, to brief stewards on their duties, a minimum of ten stewards, restrictions on playing music near places of worship, proper conduct of stewards, assistance to police in managing behaviour, marching in formation of no more than four abreast, prohibiting participation by those under the influence of alcohol or drugs, and prohibiting the carrying of halberds or weapons. The organiser indicated they would accept these conditions. Inspector Taylor also clarified that policing for such processions is not chargeable to the organiser.
- Public Representations: A significant number of public representations were received, with the vast majority expressing concern. Common themes included fears of public disorder, sectarianism, intimidation, damage to property, disruption to businesses and the community, and an excessive burden on police resources. Many respondents highlighted that such marches have no tradition in the North East of Scotland and that Stonehaven residents did not wish to see them start.
- Ward Member Representations: Councillors Dawn Black, Sarah Dickinson, Alan Turner, and Wendy Agnew submitted representations outlining their concerns. They echoed the public's worries about sectarianism, disruption to businesses and community life, the burden on the police, and the potential for disorder. Councillor Turner specifically questioned the association of the procession with the
Martyrs of Dunnottar,
stating it had no connection to the Battle of the Boyne or the Orange Order. Councillor Agnew argued that the procession symbolised religious sectarianism and intolerance. - Organiser's Submission: Mr. Matthew Lee McCandless, representing the Dunnottar Martyrs Memorial Loyal Orange Lodge, argued that their notification was no different from over a thousand other Loyal Orange Lodge notifications across Scotland and that there was no legitimate basis to treat Stonehaven differently. He stated the Lodge had engaged positively with the community and supported local charities. He refuted claims of property damage and public disorder associated with Orange Order parades, citing the peaceful nature of numerous events across Scotland. He also addressed inaccuracies in some representations, particularly regarding the impact on businesses and the number of coaches.
- Community Council Submission: Mr. Menzies, representing Stonehaven and District Community Council, stated the council unanimously opposed the procession, citing concerns about sectarian behaviour, disruption to businesses and tourists, and the burden on the police. He argued that the procession had no historical connection to Stonehaven and that its commemoration of the Battle of the Boyne was divisive.
- Debate and Decision: Councillors discussed the legal tests and the evidence presented. While acknowledging the right to peaceful assembly, they weighed this against the potential for disruption and public disorder. Ultimately, the committee decided to make an order imposing the conditions proposed by Police Scotland, as detailed in Appendix 6 of the reports pack. The reasons for this decision were based on the evidence presented, aiming to safeguard public safety, public order, minimise property damage, and reduce disruption to the community, while allowing the procession to proceed under strict conditions.
Taxi Fare Scale Review
The committee reviewed the consultation responses from representatives of the taxi trade regarding the taxi fare scale. The consultation, which ran from 2 March to 2 April 2026, indicated that the majority of respondents felt no changes were required to the existing fare scale, citing concerns about passenger affordability and the cost of living crisis.
Discussion:
- Trade Feedback: Of the 35 responses received, a significant proportion indicated that trade under the current scale was
poor
(51.4%). However, the largest proportion of respondents (48.6%) felt the current scale should remain unchanged, primarily due to the cost of living crisis and concerns that increased fares would further reduce demand. - Proposed Changes: Where changes were proposed, they mainly focused on increases to the standard, late-night, and festive season rates. Respondents cited rising operating costs, including fuel, insurance, and licensing fees, as reasons for these proposed increases.
- Festive Season Rate: A point of discussion was the current festive season rate, which applies to all weekends in December. Some respondents felt this period was too long and suggested reverting to a more traditional festive period. Others argued that the extended period had a positive impact on their trade, particularly in offsetting quieter months.
- Next Steps: The committee was not being asked to fix the final fare scale at this stage but to determine a proposed scale to go out for public consultation. This public consultation would allow for further comments from both the public and the taxi trade before a final scale is determined at a future meeting.
- Decision: The committee agreed to acknowledge the consultation, consider the views expressed, and determine the proposed fare scale to go out for public consultation. They approved the publication of the proposed fare scale in the Press and Journal newspaper and the commencement of the public consultation, noting a slight delay in the publication date due to a public holiday. Amendments were discussed regarding the festive hours and the inclusion of narrative in the consultation to prompt suggestions for improvement.
Street Trader's Licence Renewal
The committee considered an application for the renewal of a Street Trader's Licence for Mr. Peter Croome, who operates a food van selling ice cream, drinks, sweets, and crisps. The application was referred to the committee because officers deemed the proposed trading locations and operating arrangements insufficiently defined.
Discussion:
- Applicant's Proposal: Mr. Croome sought to trade Monday to Sunday, between 10:00 and 23:00, across a wide range of towns and villages in Aberdeenshire, stating
same areas as already on licence.
- Officer Concerns: Officers highlighted that the application lacked specific street names or precise locations, only listing towns and villages. This lack of clarity made it difficult to assess potential impacts on local areas, enforce licence conditions, and provide clarity to communities. Roads and Landscape Services also noted the lack of specific locations, with Landscape Services stating that simply naming villages was insufficient if trading was proposed in parks or open spaces.
- Legal Test: The committee was reminded of the legal test for granting or refusing a street trader's licence, which requires refusal only on specific grounds, such as the applicant not being a fit and proper person, the activity causing undue public nuisance or a threat to public order or safety, or the proposed trading location being inappropriate.
- Decision: The committee decided to defer consideration of the renewal application to allow officers to obtain further, more specific information from the applicant regarding proposed trading locations and operating arrangements. This would enable a more informed decision to be made at a future meeting.
Attendees
Topics
Meeting Documents
Reports Pack
Additional Documents