At a MEETING of the LICENSING COMMITTEE held at Dundee on 14th June, 2007.

Present:-

BAILIES

COUNCILLORS

Lord Provost John R LETFORD, Convener, in the Chair.

The minute of meeting of this Committee of 29th March, 2007 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 29th March, 2007 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

II TAXI LIAISON GROUP - RECONSTITUTION

The Committee agreed to the reconstitution of the Taxi Liaison Group and noted that the Group could be attended by any member of the Licensing Committee and appointed representatives of the Taxi Trade.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) CINEMA LICENCE - NEW APPLICATION

There was submitted the undernoted application:-

In the case of this application, the Committee, after hearing the Environmental Health and Trading Standards Officer, agreed that consideration of the application be deferred to a future meeting.

(b) CITY SQUARE - APPLICATION FOR USE

It was reported that an application had been received for the use of the City Square for a Bavarian Market from 9th July, 2007 to 31st July, 2007. The market would comprise a beer house and stalls selling various goods.

In the case of this application, the Committee noted that there were no objections and agreed that the application be granted.

(c) LATE HOURS CATERING LICENCE - NEW APPLICATION

There being no objections, the Committee agreed that the undernoted application be granted:-

(d) PRIVATE HIRE LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Applications Nos 1 to 5, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 6, the Committee gave consideration to a letter of objection that had been submitted by a member of the public and after hearing the objector and the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 7, the Committee gave consideration to a letter of objection which had been submitted by a member of the public and after hearing the objector and the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the application be granted.

(e) PRIVATE HIRE LICENCE - VARIATION TO CONDITIONS

There was submitted an application by Mr Alexander Douris requesting a variation of conditions in relation to his Private Hire Licence to allow tinted windscreens.

The Committee, after hearing a representative of Tayside Police and the applicant on their own behalf, agreed that the application for variation to allow tinted windscreens be granted.

(f) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

There was submitted the undernoted application:-

In the case of this application, the Committee, after hearing the Environmental Health and Trading Standards Officer, the applicant on their own behalf and consideration of the advice of the Clerk, agreed that the application be granted.

(g) SECOND HAND DEALER - NEW APPLICATIONS

There being no objections, the Committee agreed that the undernoted applications be granted:-

(h) LICENSING OF SKIN PIERCING AND TATTOOING ORDER 2006 - NEW APPLICATIONS

There being no objections, the Committee agreed that the undernoted applications be granted:-

(i) TAXI FARES

The Clerk reported that a meeting of the Taxi Liaison Group would be held on Tuesday, 19th June, 2007 to consider and review proposals submitted by the Trade in relation to the revision of taxi fares.

The Committee noted accordingly.

(j) APPROVED LIST OF ACCESSIBLE VEHICLES - ADDITIONS TO LIST

It was reported that the Peugeot E7SE both short and long wheelbase options presented by Cabs Direct and the new model TW200 based on a Fiat 120 Multijet also both short and long wheelbase presented by Patons had been assessed by the Plant and Vehicle Officer and the Cabs Enforcement Officers and that having received the appropriate certification, they had recommended that both vehicles be added to the list of accessible vehicles.

It was also reported to the Committee that these two vehicles had been subject to additional assessment and were found to be able to safely accommodate a certain type of battery operated wheelchair (not scooters or bikes) as well as the manual and push types normally assessed.

The Committee agreed that the vehicles be added to the list of accessible vehicles.

(k) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There being no objections, the Committee agreed that the undernoted applications be granted:-

(l) TAXI LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 1, there being no objections, the Committee agreed that the application be granted.

In the case of Application Nos 2, 3 and 4, the Committee noted that the objector to the applications was not present and after having given consideration to the objection which had been submitted agreed that the applications be granted.

(m) THEATRE LICENCE - NEW APPLICATION

There being no objections, the Committee agreed that the undernoted application be granted:-

(n) WINDOW CLEANERS - NEW APPLICATIONS

There being no objections, the Committee agreed that the undernoted applications be granted:-

(o) HOUSES IN MULTIPLE OCCUPATION - POLICY ON OVERPROVISION

There was submitted Joint Report No 360-2007 by the Depute Chief Executive (Support Services) and the Director of Housing on the adoption of a policy with regard to the issue of over-provision in relation to applications for licences for Houses in Multiple Occupation (HMO's) in order to enhance consistency in the manner in which applications for licences are considered and to make applicants and prospective applicants aware of any over-provision issues which may arise in respect of individual premises.

The Committee agreed:-

(i) to adopt a policy that would regard the grant of any licences for HMO's that would result in the proportion of licensed HMO's in any census output area exceeding 12.5% of residential properties in that area as amounting to an over-provision of HMO's for that area for the purposes of Paragraph 5(3)(d) of Schedule I to the Civic Government (Scotland) Act 1982;

(ii) that such a policy be adopted citywide with the exception of the City Centre;

(iii) that purpose built HMO accommodation and non-mainstream housing should be excluded from this assessment;

(iv) to remit to the Depute Chief Executive (Support Services) and the Director of Housing to report back to the Committee regarding the details for implementation of the policy and the establishment of a suitable database for storing and making available the information required in connection with the policy;

(v) to remit to the Depute Chief Executive (Support Services) and the Director of Housing to review the operation of the policy twelve months after implementation and to report the findings and any proposed modifications to the policy to the Committee.

(p) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

(i) In the case of Application Nos 1 to 4, the Committee, after hearing a representative of the Housing Department and the applicant on their own behalf, agreed that the applications be granted for a period of six months subject to satisfactory inspection.

(ii) In the case of Application Nos 5, 8, 13, 14 and 17 to 24, the Committee, after hearing a representative of the Housing Department, agreed that the applications be granted.

(iii) In the case of Application Nos 6 and 7 the Committee, after hearing a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the applications be refused.

(iv) In the case of Application Nos 9, 10, 11 and 12, the Committee, after hearing a representative of the Housing Department and an agent on behalf of the applicants, agreed that the applications be granted.

(v) In the case of Application Nos 15, the Committee, after hearing a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the application be granted.

(vi) In the case of Application No 16, the Committee, after hearing a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

(vii) In the case of Application No 25, the Committee, after having heard a representative of the Housing Department and an agent on behalf of the applicant, agreed that the application be granted.

(viii) In the case of Application No 26, the Committee, gave consideration to a letter of observation which had been received from the Private Sector Services Manager and after hearing a representative of the Housing Department, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the application be granted subject to the condition that documentation in relation to insurance policy be submitted to the satisfaction of the Housing Department.

(ix) In the case of Application No 27, the Committee gave consideration to letters of objection which had been submitted by members of the public. Thereafter, having heard a representative of the Housing Department, two of the objectors on their own behalf, an agent on behalf of the applicant and consideration of additional information submitted by the agent and advice of the Legal Officer and the Clerk, the Committee agreed that the application be refused.

(x) In the case of Application No 28, the Committee gave consideration to letters of objection which had been submitted by members of the public. The Committee noted that the objectors were not present and after hearing a representative of the Housing Department and an agent on behalf of the applicant, agreed that the application be granted.

(xi) In the case of Application No 29, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. The Committee noted that the objector was not present and having heard a representative of the Housing Department agreed that the application be granted.

(xii) In the case of Application No 30, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager and after hearing a representative of the Housing Department and an agent on behalf of the applicant the Committee agreed that the application be granted subject to the condition that the applicant provides confirmation to the Committee at its meeting in August 2007 that he had appointed a suitable agent to manage the property.

(xiii) In the case of Application No 31, the Committee gave consideration to a letter of objection which had been submitted by a member of the public and a letter of observation which had been submitted by the Private Sector Services Manager. The Committee noted that the objector was not present and after hearing a representative of the Housing Department and the applicant on his own behalf, the Committee agreed that the application be granted.

(xiv) In the case of Application No 32, the Committee gave consideration to letters of objection which had been submitted by members of the public and a letter of support which had been submitted by the applicant and after hearing a representative of the Housing Department, the objectors on their own behalf, an agent on behalf of the applicant and a representative of Tayside Police, the Committee agreed that the application be refused.

(xv) In the case of Application No 33, the Committee gave consideration to a letter of objection which had been submitted by a local business and a letter of support which had been submitted by the applicant, and after hearing a representative of the Housing Department and an agent on behalf of the applicants, the Committee agreed that the application be granted.

(xvi) In the case of Application No 34, the Committee noted that this application had been refused at the Licensing Committee held on 28th June, 2006 and had been remitted back from the Sheriff for further consideration. Thereafter, the Committee gave consideration to the original letter of objection which had been submitted and having heard a representative of the Housing Department, the objectors on their own behalf, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(xvii) In the case of Application No 35, the Committee noted that this application had been refused at the Licensing Committee held on 28th September, 2006 and had been remitted back from the Sheriff for further consideration. Thereafter, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf and after consideration of the advice of the Legal Officer, agreed that the application be refused.

(xviii) In the case of Application No 36, the Committee noted that this application had been refused at the Licensing Committee held on 1st March, 2006 and had been remitted back from the Sheriff for further consideration. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(xix) In the case of Application No 37, the Committee noted that this application had been refused at the Licensing Committee held on 28th September, 2006 and had been remitted back from the Sheriff for further consideration. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(xx) In the case of Application Nos 38 to 54, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(q) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation:-

(1) A request for variation had been received for 3 Cleghorn Street to change of day to day manager to Rossclare Lettings.

(2) A request for variation had been received for Top Left, 12 Garland Place to change of day to day manager to Rossclare Lettings.

(3) A request for variation had been received for 7 Garland Place to change of day to day manager to Rossclare Lettings.

In the case of Application Nos 1, 2 and 3, there being no objections, the Committee agreed that the requests for variation be granted.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they would involve the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A to the above Act.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

(i) The Committee noted that the application submitted by Mr R H for a House in Multiple Occupation Licence had been withdrawn from consideration by the applicant.

(ii) There was submitted an application by CNM for an application for a Houses in Multiple Occupation Licence.

The Committee noted that the letter of representation submitted by Tayside Police relative to this application had been withdrawn and thereafter agreed that the application be granted.

(b) PRIVATE HIRE CAR LICENCE - NEW APPLICATIONS

The Committee noted that the two applications submitted by B Ltd for Private Hire Car Licences had been withdrawn from consideration by the applicants.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr I B for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relative to this application.

Thereafter, having heard a representative of Tayside Police and the applicant on their own behalf and consideration of the advice of the Clerk, the Committee agreed that the application be granted.

(ii) There was submitted an application by Mr S McR for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relative to this application.

Thereafter, having heard a representative of Tayside Police and the applicant on their own behalf and consideration of the advice of the Clerk, the Committee agreed that the application be granted.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) There was submitted a letter of complaint by the Corporate Food Safety and Tobacco Control Officer relative to the conduct of Mr W K during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and having heard the Clerk, agreed to proceed in their absence.

The Committee gave consideration to the content of the letter of information which had been submitted by the Corporate Food Safety and Tobacco Control Officer. Thereafter, having heard the Corporate Food Safety and Tobacco Control Officer and consideration of the advice of the Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr W K be suspended for its unexpired period.

(ii) There was submitted a letter of complaint by the Chief Constable relative to the conduct of Mr R L during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable. Thereafter, having heard the representative of the Chief Constable and the licence holder on their own behalf, the Committee agreed that no further action be taken.

The Convener vacated the Chair prior to consideration of the undernoted items of business whereupon the Chair was taken by the Depute Convener, Bailie Roderick A J Wallace.

(e) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

There was submitted a letter of complaint by the Corporate Food Safety and Tobacco Control Officer relative to the conduct of Mr D C during the currency of his Taxi Driver's and Taxi Operator's Licences. The Committee gave consideration to the content of the letter of information which had been submitted by the Corporate Food Safety and Tobacco Control Officer.

Thereafter, having heard the Corporate Food Safety and Tobacco Control Officer, an agent on behalf of the licence holder and consideration of the advice of a Legal Officer, the Committee agreed that the licence holder be issued with a warning and that no further action be taken.

(f) WINDOW CLEANER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr A M for a Window Cleaner's Licence.

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable in this regard. Thereafter, having heard an agent on behalf of the applicant and the observations of the representative of the Chief Constable and consideration of letters of support tabled by the applicant's agent, the Committee agreed that the application be granted for a period of six months.

Lord Provost JOHN R LETFORD, Convener.