Licensing Committee - 06/12/2007

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th December, 2007.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

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

The minute of meeting of this Committee of 1st November, 2007 was held as read.

Unless marked thus * all items stand delegated.

I MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 2nd November, 2007 and 20th November, 2007 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

II 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, the Committee, having considered the advice of the Legal Officer and having heard the applicant on her own behalf, agreed that consideration of the application be deferred until March 2008.

In the case of application number 2, the Committee gave consideration to a letter of representation which had been submitted by Tayside Police, and after hearing a representative of the Chief Constable and a representative on behalf of the applicant, the Committee agreed that the application be granted subject to conditions.

(b) PET ANIMALS LICENCE - NEW APPLICATION

There being no objections, the Committee agreed that the undernoted application be granted subject to a satisfactory inspection by the Environmental Health and Trading Standards Department and the Veterinary Service.

(c) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(d) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee gave consideration to the letters of representation which had been submitted by the Environmental Health and Trading Standards Department, Tayside Police and the Emergency Planning Officer.

Thereafter, having heard a representative of the Chief Constable, the applicant on her own behalf and after considering the advice of the Legal Officer, the Lord Provost, seconded by Bailie Roderick A J Wallace moved that the application be granted subject to conditions being met to the satisfaction of all agencies and the Committee by the February 2008 meeting.

As an amendment, Councillor Laurie Bidwell, seconded by Councillor Tom Ferguson, moved that the application be refused.

On a division, there voted for the motion - Lord Provost John R Letford, Councillor Stewart Hunter and Bailie Roderick A J Wallace (3); and for the amendment Councillors Laurie Bidwell, Tom Ferguson and Andy Dawson (3) - whereupon there being a parity of votes, the Lord Provost used his casting vote in favour of the motion - whereupon the motion was declared carried and the application was granted on the terms outlined.

(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 APPLICATION

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

(g) STREET TRADER'S LICENCE - NEW APPLICATION

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

(h) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

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

(i) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS

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

(j) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of application numbers 1 and 2, 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 to 8, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of application number 9, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of advice from the Legal Officer, agreed that the application be granted for a period of one year.

In the case of application number 10, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicant, agreed that the application be granted.

In the case of application number 11, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the application 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 number 13, 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, an agent on behalf of the applicant and consideration of photographic evidence tabled by the agent in support of the application and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of application number 14, 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 and an agent on behalf of the applicant, the Committee agreed that the application be granted.

In the case of application number 15, the Committee noted that the letter of objection submitted by Mr D Craig was unsigned and therefore could not be considered. Thereafter, having given consideration to the remaining letters of objection which had been submitted by members of the public and having heard a representative of the Housing Department and an agent on behalf of the applicant, the Committee agreed that the application be granted.

In the case of application numbers 16 to 24, the Committee agreed that consideration of these applications be deferred to a future meeting.

(k) HOUSES IN MULTIPLE OCCUPATION - RENEWALS

There were submitted the undernoted applications.

In the case of application number 1, 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, an objector on their own behalf, the applicant, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of application number 2, the Committee gave consideration to a letter of objection which had been submitted by a member of the public and a letter of support which had been submitted on behalf of the applicant, thereafter, the Committee agreed that the application be granted.

In the case of application number 3, 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 in favour of the application. Thereafter, having heard a representative of the Housing Department, the objectors on their own behalf and the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(l) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATION

There being no objections, the Committee agreed to the request for variation which had been submitted for 8A Lawson Place, for the change of day to day manager to Christina Bains.

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.

III 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 agreed that consideration of these applications be deferred to January 2008.

(b)                           HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

(i) There was submitted a request for variation by Mr S C to his Houses in Multiple Occupation Licences.

The Committee agreed that consideration of these requests be deferred until January 2008.

(ii) There was submitted a request for variation for property at Bank Street for change of day to day manager to Y A.

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

(c)                           PRIVATE HIRE OPERATORS - SUSPENSION HEARING

(i) There was submitted a complaint in relation to action taken by Company B about the operation of vehicles from an area of ground within the city centre and in particular, undertakings which were given relating to future operational activities in this area.

Thereafter, having heard a representative of Company B who had given these undertakings to the Taxi Liaison Group and consideration of advice from the Legal Officer, the Committee agreed that the individual no longer represent Company B on the Taxi Liaison Group and that Company B be advised of this and a replacement representative be identified.

(ii) There was submitted a complaint by a former employee of Company B with regard to alleged advice provided to operatives with the company which was contrary to the terms of their licence.

Thereafter, having heard the complainant on their own behalf and representatives of the company referred to, the Committee agreed that no further action be taken as there was insufficient evidence to substantiate the complaint.

(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

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

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relevant to this application.

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

(ii) There was submitted an application by Mr J S 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, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(iii) There was submitted an application by Mr M T for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relevant to this application.

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

(e) TAXI DRIVER'S SUSPENSION HEARING

(i) There was submitted a letter of intimation relevant to the conduct of Mr B M during the currency of his Taxi Driver's Licence.

The Committee agreed that consideration of this matter be deferred to a future meeting.

(ii) On a reference to Article IV(c)(i) of minute of meeting of the Licensing Committee of 1st November, 2007, consideration of a letter of complaint from the Corporate Food Safety and Tobacco Control Officer relevant to the conduct of Mr D C during the currency of his Taxi Driver's Licence was deferred pending payment of the fixed penalty notice, the Committee were advised that payment had now been made and agreed that no further action be taken.

(f) TAXI DRIVER'S - APPLICATION FOR RECALL OF SUSPENSION

(i) There was submitted an application by Mr G R for recall of the suspension of his Taxi Driver's Licence.

The Committee, after having heard the applicant on their own behalf and consideration and advice of the Legal Officer, agreed to the recall of the suspension of the Taxi Driver's Licence held by Mr G R.

(ii) There was submitted a request by Mr R T for recall of the suspension of his Taxi Driver's Licence.

The Committee, having heard an agent on behalf of the applicant and consideration of the content of a letter of support which had been submitted in support of the applicant, agreed that the suspension of the Taxi Driver's Licence held by Mr R T be recalled.

(g) TAXI OPERATOR - NEW APPLICATION

There was submitted an application by Mr E H for a Taxi Operator's Licence.

The Committee, having heard the applicant on their own behalf, agreed that the application be granted.

(h) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

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

The Committee noted that the applicant was not present and agreed that consideration of the application be deferred to allow the applicant to attend.

(ii) There was submitted an application by Mr K R for a Window Cleaner's Licence.

The Committee agreed that consideration of the application be deferred to a future meeting at the request of the agent on behalf of the applicant.

(iii) 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 Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, the applicant on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the matter be deferred until February 2008.

Lord Provost John R LETFORD, Convener.

APPENDIX I