Licensing Committee - 07/02/2008
At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th February, 2008.
Present:-
Lord Provost John R LETFORD
Bailie Roderick A J WALLACE
COUNCILLORS
|
Laurie BIDWELL |
Helen DICK |
David BOWES |
|
Tom FERGUSON |
|
Elizabeth F FORDYCE |
Lord Provost John R LETFORD, Convener, in the Chair.
The minute of meeting of this Committee of 10th January, 2008 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 21st December, 2007 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.
II PET ANIMALS ACT 1951 - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
Address |
|
|
|
|
|
1 |
Susan Butchart |
37 Dock Street |
|
2 |
Nicola Mutter |
Unit 14, Kingsway West Retail Park |
In the case of application number 1, the Committee gave consideration to a letter of observation which had been submitted by the Environmental Health and Trading Standards Department. Thereafter, having heard a representative from the Environmental Health and Trading Standards 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 conditions.
In the case of application number 2, the Committee agreed that this application be considered in private on the grounds that it may involve 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) BOAT HIRE - NEW APPLICATION
There being no objections, the Committee agreed that the undernoted application be granted.
|
No |
Name |
Boat |
No of Passengers |
|
|
|
|
|
|
1 |
Dennis Beattie |
Osprey Explorer |
12 |
(b) PRIVATE HIRE LICENCE - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted.
|
No |
Name |
|
|
|
|
1 |
Colin Buchanan |
|
2 |
Scott Penman |
(c) PUBLIC ENTERTAINMENT - NEW APPLICATION
There being no objections, the Committee agreed that the undernoted application be granted.
|
No |
Name |
Address of Premises |
Hours of Opening |
|
|
|
|
|
|
1 |
Dundee City Council |
Camperdown Country Park Dundee |
Sunday 23rd March, 2008, from 12 noon to 4pm |
(d) SECOND HAND DEALER'S LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
Address of Premises |
Type of Goods |
|
|
|
|
|
|
1 |
James Anderson |
69 King Street Broughty Ferry |
Leather Suites, Cookers, Fridge Freezers, TV's, Video's, DVD's and Phones
|
|
2 |
Charles Sandeman |
Glencross Motors 318 Clepington Road
|
Used Motor Vehicles |
|
3 |
Sheila Clubb |
Brands Book and Bric-a-Brac 191 Albert Street |
Books and Bric-a-Brac |
In the case of application numbers 1 and 2, there being no objections, the Committee agreed that the applications be granted.
In the case of application number 3, the Committee noted that a letter of objection had been submitted by Dundee Voluntary Action. The Legal Officer advised the Committee that the objection had been received late and explained the background to this. Thereafter, the Committee agreed that the objection be ruled incompetent and not be considered. Thereafter, having heard the Legal Officer, an agent on behalf of the applicant, and the applicant on their own behalf and consideration of information which had been tabled by the agent in support of the application including photographs, the Committee agreed that the application be granted.
(e) LICENSING OF SKIN PIERCING AND TATTOOING ORDER 2006 - 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.
|
No |
Name |
Address of Premises |
|
|
|
|
|
1 |
Philip Davidson |
40 Dock Street |
(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted.
|
No |
Name |
|
|
|
|
1 |
Paul Galloway |
|
2 |
Philip Gibson |
|
3 |
Mhairi Wardlaw |
(g) TAXI LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
|
|
|
|
1 |
William Lickley |
|
2 |
Graham Morris |
|
3 |
Mhairi Wardlaw |
In the case of application number 1, there being no objections, the Committee agreed that the application be granted.
In the case of application numbers 2 and 3, the Committee noted that these applications had been withdrawn from consideration by the applicants.
(h) USE OF CITY SQUARE/MURRAYGATE - NEW APPLICATION
There being no objections, the Committee agreed that the undernoted application be granted.
|
No |
Name |
Hours of Use |
|
|
|
|
|
1 |
Potters House Christian Centre/ Ronald Peterkin |
8th and 29th March, 17th May, 28th June, 26th July, 20th September, 4th October, 22nd November and 13th December, 2008 |
(i) WINDOW CLEANERS - NEW APPLICATION
There being no objections, the Committee agreed that the undernoted application be granted.
|
No |
Name |
|
|
|
|
1 |
Johnathan Boyle |
(j) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
Address |
|
|
|
|
|
1 |
City Keys/Natalie McDonald |
D1, The Hub, 17 Hawkhill |
|
2 |
AQH Dundee GP Ltd/Natalie McDonald |
D5, The Hub, 17 Hawkhill |
|
3 |
Alan Gibson |
8 Benvie Road |
|
4 |
Yusef Alimohomed |
Flat A, 15 Step Row |
|
5 |
Yusef Alimohomed |
Flat B, 15 Step Row |
|
6 |
William Whyte |
8 Westfield Place |
|
7 |
William Whyte |
8a Westfield Place |
|
8 |
Amy B Brenkel |
2/1, 1 Bellefield Avenue |
|
9 |
Iqbal Jamal |
3/2, 94 Commercial Street |
|
10 |
Grant Residential Property Ltd/Peter Grant |
2/2, 89 Arbroath Road |
|
11 |
Dominic Shek |
1/2, 11 Bellefield Avenue |
|
12 |
Panamada Properties Ltd/Iain Wilson |
48 South Victoria Dock Road |
|
13 |
Neil Thomson and Georgina Claire Bedding |
1/0, 44 City Road |
|
14 |
William and Linda Pollett |
A/1, 11 Morgan Street |
|
15 |
Panamada Properties Ltd/Iain Wilson |
32 Lytton Street |
|
16 |
Jane Diack |
1/1, 5 Morgan Place |
|
17 |
Patricia A MacLaurin |
Flat 1, 3 Roseangle Court |
|
18 |
John Cape |
20 Larch Street |
|
19 |
Gerard T O'Malley |
2 Spinners Wynd |
|
20 |
Anil Tewari |
76c Victoria Road |
|
21 |
Anil Tewari |
76e Victoria Road |
|
22 |
Grant Management Property Ltd |
1/0, 18c City Road |
|
23 |
Vikki and Jonathan Scholefield |
2/1, 24 Constitution Street |
|
24 |
Grant West Property Ltd |
1/2, 1 Fyffe Street |
|
25 |
Robert Pringle |
1/2, 157 Strathmartine Road |
|
26 |
Grant West Property Ltd |
G/2, 49 Lyon Street |
|
27 |
Grant West Property Ltd |
1/0, 19 Milnbank Road |
|
28 |
Robert A Wright |
3/2, 159 Strathmartine Road |
|
29 |
Deborah and Peter Nowottny |
1/L, 20 Whitehall Street |
|
30 |
Deborah and Peter Nowottny |
1/R, 20 Whitehall Street |
|
31 |
Lindsay H Dingwall |
320 Perth Road |
In the case of application numbers 1, 6, 7, 9, 10, 11, 14, 15, 16, there being no objections, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.
In the case of application number 2, the Committee noted that this application had been withdrawn from consideration by the applicant.
In the case of application numbers 3, 4, 5, 8 and 13, 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, an agent on behalf of the applicant, and receiving confirmation that the property in question was not subject to a Section 75 Agreement which would exclude houses in multiple occupation, agreed that the application be deferred for further information.
In the case of application number 17, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf, and a representative on behalf of the applicant, agreed that the application be granted.
In the case of application number 18, Councillor Helen Dick declared a non-financial interest in this application by virtue of the applicant being known to her in a personal capacity and left the Chamber during its consideration. Thereafter, the Committee, having heard a representative from the Housing Department agreed that the application be granted.
Councillor Helen Dick re-entered the Chamber prior to consideration of application number 19.
In the case of application number 19, 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. The Committee also gave consideration to a letter of support which had been submitted by the applicant and after hearing a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.
In the case of application numbers 20 and 21, the Committee, having heard a representative of the Housing Department and consideration of the advice of the Legal Officer, agreed that the applications be granted.
In the case of application numbers 22 to 31, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.
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, 9 and 14 of Part I of Schedule 7A of the Act.
IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) HOUSE IN MULTIPLE OCCUPATION - NEW APPLICATIONS
Councillor Elizabeth F Fordyce declared a non-financial interest in applications 1 to 27 by virtue of her involvement as a local member in relation to one of the addresses listed.
In the case of application numbers 1 to 8, the Committee gave consideration to letters of objection which were submitted by a member of the public, the Private Sector Services Manager and a letter of observation which was submitted by Tayside Police. Thereafter, having heard the Legal Officer, a representative of the Housing Department, a representative of Tayside Fire and Rescue, a representative of Tayside Police, the agent on behalf of the applicant and consideration of photographic evidence which had been submitted by the Housing Department, the Committee agreed that the applications be refused.
In the case of application numbers 9, 10 and 11, the Committee gave consideration to a letter of objection which had been submitted by the Private Sector Services Manager and a letter of observation from Tayside Police. Thereafter, having heard the Legal Officer and a representative of the Housing Department, a representative of Tayside Fire and Rescue, a representative of Tayside Police, the agent on behalf of the applicant and consideration of photographic evidence submitted by the Housing Department, the Committee agreed that the applications be refused.
In the case of application numbers 12 to 27, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.
(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS
Councillor Elizabeth F Fordyce re-entered the Chamber prior to consideration of the undernoted matter.
Lord Provost John R Letford left the Chamber prior to consideration of the remaining items of business, whereupon the Chair was taken by the Depute Convener, Bailie Roderick A J Wallace.
(i) There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr R McN during the currency of his Taxi Driver's Licence.
The Committee gave consideration to the content of the letter and after having heard a representative of the Chief Constable and an agent on behalf of the applicant, the Committee agreed that no further action be taken.
(ii) There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr B N during the currency of his Taxi Driver's Licence.
The Committee gave consideration to the content of the letter and having heard a representative from the Chief Constable and the Legal Officer and an agent on behalf of the applicant, the Committee agreed that no further action be taken.
(c) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS
(i) There was submitted an application by Mr R H for a Window Cleaner's Licence.
The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders' Act and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done.
Thereafter, the Committee, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the application be granted for a period of one year.
(ii) The Committee noted that the application which had been submitted by Mr K R for a Window Cleaner's Licence had been withdrawn from consideration by the applicant.
(d) WINDOW CLEANER'S LICENCE - RENEWAL
There was submitted an application by Mr A M for renewal of his Window Cleaner's Licence.
The Committee agreed that consideration of this application be deferred to a future meeting of the Committee.
(e) PET ANIMALS ACT 1951
The Committee noted the concerns which had been raised by the Environmental Health and Trading Standards Department with regard to the licence held by Ms N M and asked that these be resolved as soon as possible by agreement or, if necessary, enforcement.
Lord Provost John R LETFORD, Convener.