Licensing Committee - 01/11/2007

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st November, 2007.

Present:-

Lord Provost John R LETFORD

Bailie Roderick A J WALLACE

COUNCILLORS

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

The minute of meeting of this Committee of 27th September, 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 27th September, 2007 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

II MINUTES OF MEETINGS OF THE TAXI LIAISON GROUP

The minutes of meetings of the Taxi Liaison Group held on 13th September and 17th October, 2007 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices II and III.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

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 noted that this application had been deferred from the meeting held on 27th September, 2007 to allow the applicant to attend. The Committee also noted that a condition of the planning consent stated that no use shall be made of the premises before 9am or after 10pm on any day of the week. Thereafter, having heard the Clerk and the applicant on their own behalf, the Committee noted the decision of the applicant to withdraw the application from consideration.

(b) PRIVATE HIRE DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

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 noted the applicant had failed to pass the police knowledge test within the prescribed period and agreed that the application be refused.

(c) PRIVATE HIRE OPERATOR'S LICENCE - NEW APPLICATIONS

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

(d) PUBLIC ENTERTAINMENT - NEW APPLICATION

The Lord Provost declared a non-financial interest in the undernoted application by virtue of the Lord Provost's Charity Fund being a benefactor from proceeds from the event.

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

(e) SECOND HAND DEALER'S LICENCE - NEW APPLICATIONS

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

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

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

(g) STREET TRADERS - NEW APPLICATIONS

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

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

It was reported that the Peugeot E7S presented by Cabs Direct 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 the vehicle be added to the list of accessible vehicles subject to a four point securing system being installed.

The Committee agreed that the vehicle be added to the list of accessible vehicles subject to a four point securing system being installed.

(i) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

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

(j) TAXI DRIVER'S LICENCE - RENEWAL

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

(k) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS

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

(l) WINDOW CLEANER'S LICENCE - NEW APPLICATION

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

(m) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

Councillor Helen Dick declared a non-financial interest in application numbers 1 and 2 by virtue of the applicant being known to her in a personal capacity and left the Chamber during their consideration. Councillor Helen Dick re-entered the Chamber prior to consideration of application number 3.

In the case of application numbers 1 to 10, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of application number 11, the Committee, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the application be granted subject to a fire inspection being carried out to the satisfaction of Tayside Fire and Rescue.

In the case of application number 12, the Committee, having heard a representative on behalf of the applicant, and consideration of a letter of support which had been tabled by the representative on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the application be refused.

In the case of application number 13, the Committee, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed to note that to date there had been no difficulties with arrangement for day to day manager at this location and that monitoring of arrangements continue and that an update be presented to the Committee in six months' time.

In the case of application numbers 14 to 50, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(n) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation.

1 A request for variation had been received for 25 Thorter Row to change day to day manager to Carol Whyte.

2 A request for variation had been received for 4A Shaftesbury Road to change day to day manager to Jack Reavley.

3 A request for variation had been received for 2nd Floor Flat, 14 Union Street to change day to day manager to Blackadders Property Manager.

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 involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted seven applications by Mr S C for Houses in Multiple Occupation Licences. The Committee noted that these applications had been withdrawn from consideration and would be submitted to a future meeting of the Committee.

(b) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted two requests for variations by Mr S C for properties being operated as houses in multiple occupation.

The Committee agreed that consideration of these matters be deferred to a future meeting of the Committee.

(c) TAXI DRIVER'S - SUSPENSION HEARING

(i) There was submitted a letter of information relative to the conduct of Mr D C during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter and after having heard an Officer from Trading Standards, the applicant on their own behalf, and consideration of the advice of the Legal Officer, agreed that further consideration of the matter be deferred pending confirmation being received that the licence holder had paid fixed penalties referred to in submission.

(ii) There was submitted a letter of information relative to the conduct of Mr G R during the currency of his Taxi Driver's Licence. The Committee noted that consideration of the matter had been deferred from the previous Committee of 16th August, 2007 to allow payment of a fixed penalty notice to be made.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, the Committee gave consideration to the content of the letter, and having heard the Trading Standards Officer and the Legal Officer and having received confirmation that no payment had been received to date, agreed that the Taxi Driver's Licence, held by Mr G R be suspended for the unexpired portion until May 2008.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the conduct of Mr G D during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter, and after having heard an agent on behalf of the applicant, and a representative of the Chief Constable and receiving confirmation that no proceedings had been taken on the allegation, agreed that no further action be taken.

(ii) There was submitted a letter of information by the Chief Constable relative to the alleged conduct of Mr K M during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter, and having heard an agent on behalf of the applicant, and a representative of the Chief Constable and consideration of the advice of the Legal Officer, agreed that no further action be taken and that the licence holder be issued with a warning.

(e) TAXI LICENCE - RENEWALS

(i) There was submitted an application by Mr G D for renewal of his Taxi Licence.

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to his application. Thereafter, the Committee, having heard an agent on behalf of the applicant, and a representative of the Chief Constable and consideration of the advice of the Legal Officer, agreed that the application be granted.

(ii) There was submitted an application by Mr K M for renewal of his Taxi Licence.

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relative to this application. Thereafter, the Committee, having heard an agent on behalf of the applicant, a representative of the Chief Constable and consideration of the advice of the Legal Officer, agreed that the application be granted.

Lord Provost John R LETFORD, Convener.

APPENDIX I