Licensing Committee - 10/01/2008

At a MEETING of the LICENSING COMMITTEE held at Dundee on 10th January, 2008.

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 21st December, 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 6th December, 2007 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

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

(b) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(c) PUBLIC ENTERTAINMENT - NEW APPLICATION

Lord Provost John R Letford declared a non-financial interest in the undernoted applications by virtue of the Lord Provost's Charity Fund being a benefactor from proceeds from the events and left the Chamber during their consideration, whereupon the Chair was taken by the Depute Convener, Bailie Roderick A J Wallace.

There were submitted the undernoted applications.

In the case of application numbers 1 and 2, there being no objections, and after consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted.

In the case of application numbers 3 and 4, the Committee noted that the objector to these applications was not present, and having given consideration to a letter of objection which had been received from a member of the public, the applicant on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted.

Lord Provost John R Letford entered the Chamber prior to consideration of the undernoted items of business, whereupon he resumed the position of Chair.

(d) LICENSING OF SKIN PIERCING AND TATTOOING ORDER 2006 - NEW APPLICATION

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

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

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

(f) TAXI OPERATOR'S LICENCE - NEW APPLICATION

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

(g) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

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

(h) 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, consideration of the advice of the Legal Officer and the applicant on their own behalf, agreed that the applications be granted subject to condition that a day to day manager be appointed.

In the case of application numbers 3 and 5, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of application numbers 4 and 6, 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 7 to 17, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(i) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATION

There being no objections, the Committee agreed to a request for variation for 1/2, 25 Morgan Street, to the change of day to day manager to Rossclare Lettings Ltd.

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) HOUSE IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted seven applications by Mr S C for Houses in Multiple Occupation Licences. The Committee gave consideration to letters of representation which had been submitted by the Private Sector Services Manager. Thereafter, having heard a representative of the Housing Department, a representative of Tayside Fire and Rescue, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted for a period of six months.

(b) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted two requests for variation to change of day to day manager to Mr S C.

The Committee agreed that the requests for variation be granted for a period of six months.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

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

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

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

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

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

The Committee noted that the licence holder was not present and agreed that consideration of the matter be deferred to a future meeting.

(iv) There was submitted a letter of information from the Corporate Food Safety Adviser and Tobacco Control Officer relative to the conduct of Mr A S during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter and having heard the Corporate Food Safety Adviser and Tobacco Control Officer and the licence holder on their own behalf, the Committee agreed that no further action be taken.

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

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

(d) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

(i) 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 relevant to this application. Thereafter, having heard a representative of the Chief Constable and the applicant on his own behalf, the Committee agreed that the application be refused.

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

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

Lord Provost John R LETFORD, Convener.