Man who stamped on 50-year-old's head in takeaway refused taxi licence

A man who stamped on a 50-year-old’s head before urinating in a police station has been refused a taxi driver’s licence.

Police Scotland put in an objection to the application from Tyler Macauley, which was heard at North Ayrshire Licensing Committee on Wednesday.

It was revealed that Mr Macauley also thrust his buttocks at a police officer’s groin during the incident.

Sgt David Markham from the Licensing Department in Kilmarnock said routine checks had been carried out and showed the applicant had a previous conviction which was not declared on the application form.

The conviction is normally considered spent but it was fully assessed in terms of offences which must always be disclosed and must be disclosed subject to the rules and the conviction deemed to be relevant to the licensable activity.

On March 5, 2024 at Ayr Sheriff Court, he was given a community pay back order of 12 months unpaid work for charges one to three and a period of 80 hours to be completed in six months.

At about 12.20am on April 10, 2023 at the Spice Cube in Prestwick, Mr Macauley engaged in conversation with a 50-year old male customer, resulting in an altercation whereby Mr Macauley pushed the male backwards into a corner and two males engaged in a fight.

An independent male customer was also engaged in the fight and there was a punching of the 50-year-old male on the head twice, causing him to fall to the ground and striking his head as he fell back. The report stated that Mr Macauley then approached the 50-year-old and stamped on his face with his foot.

Construction worker Mr Macauley was under the influence of alcohol and he and the independent individual were escorted out of the premises and police were waved down by members of the public.

Mr Macauley was under the influence of alcohol and arrested. However, Macauley resisted arrest and called a female officer a “dirty s**g before being placed into a police vehicle where he kicked out at police officers.

He was removed to Saltcoats Police office while waiting to be processed, he repeatedly thrust his buttocks into the groin area of a male officer. Mr Macaulay, who was handcuffed, then urinated on the floor of the custody suite before becoming aggressive and having to be taken to a cell by a three-person removal team.

Due to his behaviour, he had to have his clothing removed. He then spat into the face of a male officer.

Police considered he was “not a fit and proper person to have a taxi driver’s licence” and objected to granting it.

Mr Macauley admitted he was under the influence of alcohol and regretted doing so, saying: “It was not me.”

Cllr Christina Larsen asked why he did not declare the conviction but he said he thought it was spent, adding his mum had filled in most of the form for him.

Mr Macauley said he was “embarrassed and had too much to drink”, adding he did not remember it happening and adding that he had not had alcohol since that night.

Cllr Larsen proposed to refuse the application owing to Mr Macauley not being a fit and proper person.

Cllr Donald L Reid seconded the motion and said: “These are very serious charges and we have a duty of care to the public.”

The motion was unanimously agreed by the committee