Licensing Committee - 27/03/2008

At a MEETING of the LICENSING COMMITTEE held at Dundee on 27th March, 2008.

 

Present:-

 

Lord Provost John R LETFORD

 

 

 

Bailie Roderick A J WALLACE

 

 

 

COUNCILLORS

 

Kevin KEENAN

Helen DICK

Andrew DAWSON

 

David BOWES

 

 

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

 

The minute of meeting of this Committee of 6th March, 2008 was held as read.

 

Unless marked thus * all items stand delegated.

 

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) LATE HOURS CATERING LICENCE - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Address of Premises

Hours of Opening

 

1

Mohammed Afzal

113 Cheviot Crescent

Mirch Massala Tandoori

11pm to 1am Mondays to Sundays

 

The Committee noted that this application had been deferred from the Licensing Committee meeting of 6th December, 2007 to allow the applicant the opportunity to resolve outstanding planning issues. The Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having heard the Clerk, the Committee agreed that the application be refused.

 

(b) PRIVATE HIRE LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

1

Anne L Hanton

2

Doreen Hunter

 

(c) PUBLIC PROCESSIONS

 

(i) It was reported that notification had been received from the Apprentice Boys of Derry of two processions on Sunday, 1st June, 2008 and Sunday, 2nd November, 2008 at 2pm.

 

The route for both parades would be "Keep Safe", Clepington Road, Forfar Road, Albert Street, Princes Street, Murraygate, Panmure Street, Albert Square, Reform Street, High Street to City Square.

 

The Committee agreed that the processions proceed as notified.

 

(ii) It was reported that notification had been received from the Fred Roshier Memorial Orange Lodge of a procession on Saturday, 28th June, 2008 departing from Wallacetown Health Centre at 8.30am.

The route would be Victoria Street, Victoria Road, Bell Street to Court House Square and finish in Lindsay Street.

 

The Committee agreed that the procession proceed as notified.

 

(d) REVIEW OF FEES

 

The Clerk reported that the Scottish Ministers kept two new lists - the Disqualified from Working with Children list and the Disqualified from Working with Adults at Risk list. The information on these lists was not available to the police but would be released as part of a disclosure check available from Disclosure Scotland.

 

Accordingly, all taxi drivers would require to undergo an enhanced disclosure check in order that their fitness to hold a licence could be determined. The fee charged by Disclosure Scotland was 20. It was not proposed to increase the renewal fee to recover these costs at this time as efficiency savings had been made.

 

The fee for new Taxi Driver applications would, however, require to be increased by 20 to 145 with effect from 1st April, 2008. Fees for renewal in future years would be determined at that time.

 

Following an exercise in conjunction with the Head of Finance, it was recommended that all other fees under the Civic Government (Scotland) Act 1982, remain unchanged for the year 2008/2009.

 

The Committee agreed the terms of the note.

 

(e) STREET TRADER'S LICENCE - NEW APPLICATION

 

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

 

No

Name

Type of Goods

 

1

Gary R Woods

Wheelie Bin Cleaner

 

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

 

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

 

No

Name

Address of Premises

 

1

Gail Nicely

10 Westport

Westport Body Piercing Studio

 

(g) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

 

1

Muhammad Azhar

2

Neeru Dev

3

John S Conacher

4

Paul D Downie

5

Nicholas Lamond

6

Stephen M Pettigrew

7

Touseef Ahmed

8

Sheila Webster

9

Farees Ahmed

 

In the case of application numbers 1 to 8, there being no objections, the Committee agreed that the applications be granted.

 

In the case of application number 9, the Committee noted that the applicant had failed to pass the street test within the prescribed period and agreed that the application be refused.

 

(h) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

1

Grant T Hosea

2

Sheilain Scullion

 

(i) REQUEST FOR VARIATION

 

There was submitted a request for variation by Mr G Strachan, OP109, about seating compartments within his vehicle.

 

The Committee noted that the applicant was not present and agreed that the request be considered in their absence. Thereafter, having heard the Clerk, the Committee agreed that the request be refused.

 

(j) VETERANS DAY - 27TH JUNE

 

There was submitted a request by the Combined Ex-Services Association for use of City Square on an annual basis for Veterans Day. The Committee, having heard the Clerk, agreed that the use of City Square be granted on the basis of the nearest Saturday to 27th June of each year.

 

(k) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

1

Craig P Morrell

2

Nicholas M Potter

 

(l) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Address

 

1

David Crouch

33A (Second Floor South) Commercial Street

2

Stephen and Deirdre Reid

23B Step Row

3

Floatrich Ltd/John Cape

47 (3/2) Magdalen Yard Road

4

W M Reid

13 Blackness Avenue

5

Grant West Property Ltd/

R McNaughton, P Davidson, J McMahon and D Gately

18C (1/0) City Road

6

Adam Hutcheson

25 (G/F) Thomson Street

7

W M Reid

10A Westfield Place

8

Lee Chadwick

334 Perth Road

9

Rajan Patel

17 The Hub, 17 Hawkhill (Flat D24)

10

A and K Kerr

Westlands, 44 Strathern Road

11

Maureen and Alan Horn

107 Eastwood Place, 107 (1/1) Clepington Road

12

Claudio Mio

59 (3/2) West Lyon Street

13

Louise and Iain MacDonald

4 (1/2) Gowrie Street

14

Angela V Anderson

9 Springfield

15

Mairead J Moodie

29 (3/2) Morgan Street

 

In the case of application numbers 1, 2, 3 and 5, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

 

In the case of application number 3, Councillor Helen Dick declared a non-financial interest in the application by virtue of the applicant being known to her in a personal capacity and left the Chamber prior to its consideration. Councillor Helen Dick re-entered the Chamber prior to consideration of application number 4.

 

In the case of application number 4, the Committee, having heard a representative of the Housing Department, agreed that consideration of the application be deferred to a future meeting of the Committee.

 

In the case of application number 6, the Committee noted that this application had been refused by the Committee on 30th March, 2006 and had been remitted back by the Sheriff for further consideration. The Committee noted that the objectors to the application were not present. Thereafter, having heard a representative of the Housing Department and consideration of the advice of the Legal Officer, and having heard the agent on behalf of the applicant and the applicant on his own behalf, and consideration of the content of the letters of objection which had been submitted together with the original letters in support, the Committee agreed that the application be granted.

 

In the case of application number 7, the Committee, having heard a representative of the Housing Department, agreed that the application be deferred to a future Committee for consideration.

 

In the case of number 8, the Committee noted that the letter of observation which had been submitted by the Private Sector Services Unit had been withdrawn and, thereafter, having heard a representative of the Housing Department, the Committee agreed that the application be granted.

 

In the case of application numbers 9 to 15, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

 

(m) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATION

 

It was reported that a request for variation had been received for 3A Court Street to change of day to day manager to Scotwood Properties.

 

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

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVERS LICENCE - NEW APPLICATIONS

 

(i) There was submitted an application by Mr I C for a Taxi Drivers 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 agent on behalf of the applicant and consideration of advice of the Legal Officer, the Convener, seconded by Councillor Andrew Dawson, moved that the application be granted for a period of six months.

 

As an amendment, Bailie Roderick A J Wallace, seconded by Councillor Helen Dick, moved that the application be refused.

 

On a division, there voted for the motion - the Convener, Councillors Kevin Keenan, David Bowes and Andrew Dawson (4); and for the amendment - Councillor Helen Dick and Bailie Roderick A J Wallace (2) - whereupon the motion was declared carried and the application was granted for a period of six months.

 

(ii) There was submitted an application by Mr S R for a Taxi Drivers 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.

 

(b) WINDOW CLEANER'S LICENCE - NEW APPLICATION

 

There was submitted an application by Mr R ON for a Window Cleaners Licence.

 

The Committee gave consideration to a letter of objection 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 Constables 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 Tayside Police and a representative on behalf of the applicant, agreed that the application be refused.

 

 

 

 

Lord Provost John R LETFORD, Convener.