Licensing Committee - 06/09/2007
At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th September, 2007.
Present:-
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Lord Provost John R LETFORD |
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Bailie Roderick A J WALLACE
COUNCILLORS
|
Mohammed ASIF |
Joe MORROW |
Elizabeth F FORDYCE |
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Tom FERGUSON |
|
Ken LYNN |
Lord Provost John R LETFORD, Convener, in the Chair.
The minute of meeting of this Committee of 16th August, 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 16th August, 2007 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
There being no objections, the Committee agreed that the undernoted applications be granted.
(a) LATE HOURS CATERING LICENCE - NEW APPLICATIONS
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No |
Name |
Address of Premises |
Hours of Opening |
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|
|
|
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1 |
Patricia Chan |
The Fine Palate 204 Perth Road |
From 11pm to 1am Mondays to Sundays
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2 |
Yan Wei |
Jade Palace 69 Macalpine Road |
From 11pm to 12 midnight Mondays to Thursdays and 11pm to 1am Fridays and Saturdays |
(b) METAL DEALER EXEMPTION WARRANT - NEW APPLICATION
There being no objections, the Committee agreed that the undernoted application be granted.
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No |
Name |
Address of Premises |
Type of Goods |
|
|
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|
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1 |
Gregory Cosgrove |
GRC Recycling Ltd East Camperdown Street Dundee Docks |
All ferrous and non-ferrous metals |
(c) PUBLIC ENTERTAINMENT
The Lord Provost declared a non-financial interest in this item of business by virtue of the Lord Provost's Charity Fund being a financial beneficiary from proceedings from the event and left the room during its consideration, whereupon the Chair was taken by Bailie Roderick A J Wallace.
There was submitted the undernoted application.
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No |
Name |
Address of Premises |
Hours of Opening |
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1 |
3Js Promotion (Dundee) Ltd/ D Martin and J Louden |
Dens Park Sandeman Street |
11am to 10pm - Concert, Live Bands |
In the case of this application, the Committee, after hearing the representative of the Chief Constable, an Officer from the Environmental Health Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that consideration of the application be deferred to a future meeting of the Licensing Committee.
The Lord Provost re-entered the Chamber prior to consideration of the undernoted item of business, whereupon he resumed the position of Chair.
(d) PUBLIC ENTERTAINMENT LICENCES - REQUEST FOR VARIATION
There being no objections, the Committee agreed to the request which had been received from Horne's Pleasure Fairs to alter the dates of the carnival at Caird Park and Riverside as noted below:-
Caird Park - 13th September to 23rd September, 2007 to 6th September to 16th September, 2007
Riverside - 27th September to 7th October, 2007 to 20th September to 30th September, 2007
(e) SECOND HAND DEALER'S LICENCE - NEW APPLICATION
There were submitted the undernoted applications.
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No |
Name |
Address of Premises |
Type of Goods
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1 |
Dudhope No 2 Ltd/ Kenneth Adam |
Dudhope Car Sales 3 Fairmuir Street |
Motor Vehicles |
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2 |
James Boyle |
Park View Motors Ancrum Road/Charleston Drive |
Motor Vehicles |
In the case of application number 1, there being no objections, the Committee agreed that the application be granted.
In the case of application number 2, the Committee gave consideration to letters of objection which had been submitted by members of the public and after hearing an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to conditions.
(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications.
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No |
Name |
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|
|
1 |
Nadeem Ahmed |
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2 |
Neil Angus |
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3 |
Ian Brown |
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4 |
Simon McGregor |
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5 |
Derek McComiskie |
In the case of application numbers 1 to 4, there being no objections, the Committee agreed that the applications be granted.
In the case of application number 5, the Committee noted that this application had been withdrawn from consideration.
(g) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications.
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No |
Name |
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|
|
1 |
Brian Aberdein |
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2 |
Ian Brown |
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3 |
John Cuthill |
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4 |
Alan Brown |
In the case of application numbers 1 to 3, there being no objections, the Committee agreed that the applications be granted.
In the case of application number 4, the Committee, after consideration of a letter of objection which had been submitted by a member of the public, and after noting that the objector was not present, and having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.
(h) TAXI VARIATION
The Committee gave consideration to a letter which had been submitted by Mr James Durris (Plate No 620), in which he requested a variation to his Taxi Licence.
Thereafter, having heard the applicant on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that the request be granted and that the licence holder be granted a year's licence backdated to February 2007.
(i) WINDOW CLEANER'S LICENCE - NEW APPLICATION
There being no objections, the Committee agreed that the undernoted applications be granted.
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No |
Name |
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1 |
Edward Barnes |
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2 |
Alexander Bryce |
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3 |
Patrick Kelly |
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4 |
Hamish Moir |
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5 |
Lauvritz Schjolberg |
(j) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
There were submitted the undernoted applications.
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No |
Name |
Address |
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|
|
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1 |
Brian M and Rhona A Cruickshank |
2/2, 1 Bank Street |
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2 |
Brian M and Rhona A Cruickshank |
3/2, 1 Bank Street |
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3 |
Strachmor Limited |
29 Larch Street |
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4 |
Francesco J Esposito |
16 Milnbank Gardens |
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5 |
Francesco J Esposito |
17 Milnbank Gardens |
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6 |
Francesco J Esposito |
18 Milnbank Gardens |
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7 |
Francesco J Esposito |
19 Milnbank Gardens |
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8 |
Francesco J Esposito |
20 Milnbank Gardens |
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9 |
Francesco J Esposito |
21 Milnbank Gardens |
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10 |
Jennifer A Cooper |
22B Nelson Street |
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11 |
Aurora C and Simon H Jauncey |
1/2, 47 Magdalen Yard Road |
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12 |
A Re and J Cooper |
1/2, 25 Dundonald Street |
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13 |
Ian MacLauchlan |
2/1, 65 Ann Street |
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14 |
Peter J Gray |
8D Lawson Place |
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15 |
Thomas and Marie L Scoular |
3/1, 40 Scott Street |
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16 |
Richard S Goldberg |
2/1, 3 Bellefield Avenue |
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17 |
John B Cape |
1 Daniel Place |
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18 |
Amelia J L Ewart |
41 Windsor Street |
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19 |
Shane McSweeney |
7E Court Street |
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20 |
Deirdre L M McKean |
9 Larch Street |
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21 |
James and Leila Murray |
2/2, 1 Graham Place |
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22 |
David W Young |
2/0, 21 Ogilvie Street |
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23 |
Mike Perring |
2/0,14A Union Street |
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24 |
Christine Clarkson and Leslie Fitzell |
4/2, 17 Crichton Street |
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25 |
Jennifer M and Roy A Currie |
3A Court Street |
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26 |
Deirdre McKean |
1/1, 166 Perth Road |
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27 |
John Henderson |
81 Blackness Road |
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28 |
Azam Salimi |
129B Broughty Ferry Road |
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29 |
Lee Chadwick |
46H Thomson Street |
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30 |
Lee Chadwick |
29A Taits Lane |
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31 |
Lee Chadwick |
30 South Victoria Dock Road |
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32 |
Lee Chadwick |
13 Tayfield Place |
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33 |
Lee Chadwick |
36 Peddie Street |
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34 |
Lee Chadwick |
6 Daniel Terrace |
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35 |
Lee Chadwick |
10 Daniel Terrace |
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36 |
Basila Investments |
Flat 1, 21 Commercial Street |
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37 |
Basila Investments |
Flat 2, 21 Commercial Street |
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38 |
Basila Investments |
Flat 3, 21 Commercial Street |
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39 |
Basila Investments |
Flat 4, 21 Commercial Street |
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40 |
Gordon W Davidson |
79 Albert Street |
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41 |
Patricia A MacLaurin |
Flat 1, 3 RoseangleCourt |
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42 |
Iqbal Jamal |
2/1, 46 Reform Street |
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43 |
Iqbal Jamal |
2/2, 46 Reform Street |
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44 |
Iqbal Jamal |
3/1, 46 Reform Street |
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45 |
Iqbal Jamal |
3/2, 46 Reform Street |
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46 |
Robert S Pringle |
84F Broughty Ferry Road |
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47 |
Bluewater Properties (UK) Ltd |
33E Blackness Avenue |
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48 |
James Eastwood |
Flat 6, 100 Victoria Road |
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49 |
Brian R Nixon |
15 Dudhope Gardens |
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In the case of application numbers 1, 2 and 4 to 9, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicants, agreed that the applications be granted.
In the case of application numbers 3, 10, 11 and 14, the Committee, having heard a representative of the Housing Department and the applicants on their own behalf, agreed that the applications be granted.
In the case of application number 12, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.
In the case of application numbers 13, 15 and 16, the Committee, having heard a representative of the Housing Department and representatives of the applicants, agreed that the applications be granted.
In the case of application number 17, the Committee noted that the letter of objection which had been submitted by the Private Sector Services Manager had been withdrawn, and after having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted for a period of six months.
In the case of application number 18, the Committee gave consideration to a letter of objection which had been submitted by the Private Sector Services Manager, relative to this application and having heard a representative of the Housing Department, a representative on behalf of the applicant and the consideration of the advice of the Legal Officer, agreed that the application be granted for a period of six months.
In the case of application number 19, the Committee noted that the letter of objection which had been submitted by the Private Sector Services Manager had been withdrawn, and having heard a representative of the Housing Department and a representative of the applicant, the Committee agreed that the application be granted for a period of six months.
In the case of application number 20, the Committee noted that the letter of objection which had been submitted by the Private Sector Services Manager had been withdrawn, and having heard a representative of the Housing Department, the Committee agreed that the application be granted for a period of six months.
In the case of application number 21, the Committee noted the that letter of objection which had been submitted by the Private Sector Services Manager had been withdrawn, and having heard a representative of the Housing Department, the Committee agreed that the application be granted for a period of six months.
In the case of application number 22, the Committee gave consideration to a letter of representation which had been submitted by the Private Sector Services Manager relevant to this application, and having heard a representative of the Housing Department, the Committee agreed the application be granted for a period of six months.
In the case of application number 23, the Committee gave consideration to a letter of objection which had been submitted by the Private Sector Services Manager, and after having heard a representative of the Housing Department, the applicant on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to the condition that the applicant report confirmation to the next meeting of the Committee that a day to day manager had been appointed.
In the case of application number 24, the Committee noted that the letter of objection which had been submitted by the Private Sector Services Manager had been withdrawn, and having heard a representative of the Housing Department, the Committee agreed that the application be granted for a period of six months.
In the case of application number 25, the Committee noted the letter of objection which had been submitted by the Private Sector Services Manager had been withdrawn and having heard a representative of the Housing Department, the Committee agreed that the application be granted for a period of six months.
In the case of application number 26, the Committee gave consideration to a letter of objection which had been submitted by the Private Sector Services Manager, and having heard a representative of the Housing Department, the Committee agreed that the application be granted for a period of six months.
In the case of application number 27, the Committee gave consideration to a letter of objection which had been submitted by the Private Sector Services Manager, and having heard a representative of the Housing Department, the applicant on their own behalf, and consideration and advice of the Legal Officer, the Committee agreed that the application be refused.
In the case of application number 28, the Committee noted that this application had been remitted back by the Sheriff for further consideration, and after consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.
In the case of application numbers 29 to 31, the Committee, after consideration of the advice of the Legal Officer, agreed that the applications be granted for a period of six months.
In the case of application numbers 32 to 35, the Committee noted that these applications had been remitted back from the Sheriff for further consideration, and after consideration and advice of the Legal Officer, the Committee agreed that the applications be granted for a period of six months.
In the case of application numbers 36 to 49, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.
(k) HOUSES IN MULTIPLE OCCUPATION - RENEWALS
There being no objections, the Committee agreed to the renewal of the undernoted application.
|
No |
Name |
Address |
|
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|
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1 |
Francesco Esposito |
2A Shaftesbury Road |
(l) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION
The undernoted requests for variation were submitted.
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(1) |
A request for variation had been received for (2/2), 59 Dock Street to change the occupancy from 5 to 4.
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(2) |
A request for variation had been received for 239 Perth Road to change of day to day manager to Duncan Robertson.
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(3) |
A request for variation had been received for Prioryview, 16A Rankine Street to change the day to day manager to Alan Baird.
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(4) |
A request for variation had been received for 8A Prospect Place to change the day to day manager to Simon Cohen.
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(5) |
A request for variation had been received for 9 Crescent Lane to change the day to day manager to Simon Cohen.
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(6) |
A request for variation had been received for (2/F), 6 Perth Road to change the day to day manager to Susan Ritchie.
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(7) |
A request for variation had been received for (1/F), 6 Perth Road to change the day to day manager to Susan Ritchie.
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(8) |
A request for variation had been received for (2/2), 12 Perth Road to change the day to day manager to Susan Ritchie.
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(9) |
A request for variation had been received for (2/1), 12 Perth Road to change the day to day manager to Susan Ritchie.
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(10) |
A request for variation had been received for (1/F), 12 Perth Road to change the day to day manager to Susan Ritchie.
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(11) |
A request for variation had been received for 1st Floor, 42 Roseangle to change the day to day manager to Shazad Latif. |
In the case of requests listed 1 to 11, there being no objections, the Committee agreed that the requests 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.
III CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) LATE HOURS CATERING LICENCE - NEW APPLICATION
There was submitted an application by Mr Y E for a Late Hours Catering Licence.
The Committee gave consideration to a letter of objection which had been submitted by Tayside Police relevant to this application. Thereafter, after having heard a representative of Tayside Police, the applicant on their own behalf, and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the application be granted until May 2008.
(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
(i) Bailie Roderick A J Wallace declared a non-financial interest in this item due to the actions taken in a professional capacity by a relative and left the Chamber during its consideration. Councillor Asif declared a non-financial interest in this item by virtue of the applicant having previously been an employee of his and left the Chamber during its consideration.
There was submitted an application by Mr S A for a Taxi Driver's Licence.
The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application, and after hearing a representative of Tayside Police, a representative on behalf of the applicant, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.
(ii) Bailie Roderick A J Wallace and Councillor Mohammed Asif re-entered the Chamber prior to consideration of this item of business.
There was submitted an application by Mr I A for a Taxi Driver's Licence.
The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application.
Thereafter, having heard a representative of Tayside Police and a representative on behalf of the applicant, the Committee agreed that the application be granted.
(c) WINDOW CLEANER - NEW APPLICATION
(i) There was submitted an application by Mr P McG for a Window Cleaner's Licence.
The Committee gave consideration to a letter of objection which had been submitted by Tayside Police relevant to this application. Part of the objection referred to convictions which were spent in terms of Rehabilitation of Offenders Act, and after having heard the age and nature of the convictions, the Committee agreed that they not be considered.
Thereafter, having heard a representative of Tayside Police and a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to a future meeting to allow the applicant to attend.
(ii) There was submitted an application by Mr A T for a Window Cleaner's Licence.
This application had been deferred from the Licensing Committee held on 16th August, 2007 to allow the applicant to attend. The Committee noted that the applicant was not present and after having given consideration to a letter of representation which had been submitted by Tayside Police, the Committee agreed that the application be refused.
Lord Provost John R LETFORD, Convener.
APPENDIX I