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Complaint no. LA/CES/586 concerning an alleged contravention of the Councillors' Code of Conduct by Councillors Archibald K Campbell, Peter Carlin, Murdo Macleod, Donald Manford, Angus McCormack and (former) Councillor Angus Nicolson of Comhairle nan Eilean Siar

1. Complaint number LA/CES/ 586 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillors Archibald K Campbell, Peter Carlin, Murdo Macleod, Donald Manford, Angus McCormack and Angus Nicolson ("the respondents").

2. It was alleged that the respondents had contravened the Code, in particular, the key principle of Duty in section 2.

3. The person complaining ("the complainant") alleged that the respondents, acting in their capacity as the Civic Government Licensing Panel ("the Panel"), failed in their duty by not taking proper account of a number of health and safety issues when considering and granting a public entertainment licence for the Lewis Sports Centre, Stornoway at the meeting of the Panel on 20 April 2006.

4. The information provided to the Investigating Officer showed that, to assist it in its consideration of the application, the Panel sought, in writing, the views of Northern Constabulary, Highlands and Islands Fire and Rescue Service and of relevant officers of the Comhairle on the application and that all parties consulted confirmed that they had no objection to the application. The Panel also heard the complainant (in his capacity as an objector to the application), a representative of Highlands and Islands Fire and Rescue Service and several senior officers of the Comhairle and afforded all parties and members of the Panel the opportunity to ask questions. At the conclusion of this process the Panel decided not to uphold the objection and to grant the licence. It was relevant to point out that the Panel was entitled to rely on the views of the statutory organisations and professional officers whom it consulted, in deciding whether to grant the application.

5. Having carefully considered the information provided, I found that the Civic Government Licensing Panel dealt with the application in a procedurally correct manner, in accordance with the relevant provisions of the Civic Government (Scotland) Act 1982, and that the Panel was entitled, in terms of the Act, to grant the application.

6. Councillors Archibald K Campbell and Donald Manford were not present at the meeting of the Panel on 20 April 2006. Accordingly, there was no conduct on their part which fell to be assessed under the complaint.

7. Having considered the information that arose from my investigation, I concluded that Councillors Archibald K Campbell, Peter Carlin, Murdo Macleod, Donald Manford, Angus McCormack, and former Councillor Angus Nicolson had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
26 July 2007