Licensing Committee - 11/01/2007

At a MEETING of the LICENSING COMMITTEE held at Dundee on 11th January, 2007.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie Bruce D MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 7th December, 2006 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 13th November, 2006 and 7th December, 2006 were submitted and noted for information and record purposes, copies of which are attached as Appendices I and II.

II CIVIC GOVERNMENT (SCOTLAND) ACT

(a) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

There was submitted the undernoted application:-

The Committee noted that this application had been withdrawn from consideration by the agent on behalf of the applicant.

(b) PRIVATE HIRE LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1, 3 and 4, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 2, the Committee noted that the applicant was not present and agreed that consideration of the application be deferred to a future meeting to allow the applicant to attend and to allow inspection of the vehicle.

(c) SECOND HAND DEALER'S LICENCE - NEW APPLICATION

There were submitted the undernoted applications:-

In the case of the above applications, there being no objections, the Committee agreed that the applications be granted.

(d) STREET TRADER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 and 2, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 3, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having given consideration to the advice of the Legal Officer, the Committee agreed that the application be refused.

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 and 2, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 3, the Committee noted that this application had been withdrawn from consideration by the applicant.

(f) TAXI DRIVER'S LICENCE - RENEWALS

There were submitted the undernoted applications:-

In the case of Application Nos 1, 2 and 3, there being no objections, the Committee agreed that the applications be granted.

(g) WINDOW CLEANER'S LICENCE - NEW APPLICATION

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

(h) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

Councillor Helen Dick declared a non financial interest in Application Nos 2 to 7 by virtue of a representative of the applicants being known to her in a personal capacity. Councillor Dick withdrew from the Chamber prior to their consideration and returned to the Chamber prior to consideration of Application No 8.

Councillor Helen Dick declared a non financial interest in Application No 28 by virtue of a representative of the applicant being known to her in a personal capacity and withdrew from the Chamber during its consideration. Councillor Dick returned to the Chamber prior to consideration of Application No 29.

Councillor Joe Morrow declared a non financial interest in Application No 26 by virtue of an objector being known to him in a personal capacity. Councillor Morrow withdrew from the Chamber prior to its consideration and returned to the Chamber prior to consideration of Application No 28.

(i) In the case of Application Nos 1, 2, 3, 4, and 10, the Committee, after hearing the applicants on their own behalf, the observations of the Housing Officer and consideration of the advice of the Clerk, agreed that the applications be granted.

(ii) In the case of Application Nos 5, 6, 7, 12, 13, 14 and 15, the Committee, after hearing a representative on behalf of the applicants, the observations of the Housing Officer and consideration of the advice of the Clerk, agreed that the applications be granted.

(iii) In the case of Application Nos 8 and 9, the Committee, after hearing the applicant on their own behalf, the observations of the Housing Officer and consideration of the advice of the Clerk and the Legal Officer, agreed that the applications be granted.

(iv) In the case of Application Nos 11, 16, 17, 18, 20, 21, 22, 23, 24 and 25, the Committee, after hearing an agent on behalf of the applicants, the observations of the Housing Officer and consideration of the advice of the Clerk, agreed that the applications be granted.

(v) In the case of Application No 19, the Committee noted that the applicant was not present and agreed that consideration of the application be deferred to a future meeting to allow the applicant to be present.

(vi) In the case of Application No 26, the Committee noted that the objectors to this application were not present and after hearing an agent on behalf of the applicants and consideration of the advice of the Legal Officer, Bailie Mackie moved that the application be granted.

As an amendment the Lord Provost, seconded by Bailie Powrie, moved that the application be refused.

Thereafter, the Committee agreed that the application be refused, Bailie Mackie having failed to find a seconder for his motion.

(vii) In the case of Application No 27, the Committee noted that objectors to this application were not present and after hearing an agent on behalf of the applicant and consideration of the advice of the Legal Officer, Bailie Mackie moved that the application be granted.

As an amendment, Bailie Powrie, seconded by the Lord Provost, moved that the application be refused.

Thereafter, the Committee agreed that the application be refused, Bailie Mackie having failed to find a seconder for his motion.

(viii) In the case of Application No 28, the Committee noted that Mr Cook had withdrawn his objection to this application and after hearing an objector on their own behalf, the advice of the Clerk, the observations of the Housing Officer and the applicant on their own behalf and consideration of the advice of the Legal Officer, Bailie Mackie moved that the application be granted.

As an amendment, Councillor Morrow, seconded by the Lord Provost, moved that the application be refused.

Thereafter, the Committee agreed that the application be refused, Bailie Mackie having failed to find a seconder for his motion.

(ix) In the case of Application No 29, the Committee gave consideration to letters of objection which had been submitted by members of the public relative to this application and after hearing an objector on their own behalf, consideration of the advice of the Clerk and the observations of the Housing Officer and having heard a representative on behalf of the applicant, the Committee agreed that the application be refused.

(x) In the case of Application No 30, the Committee noted the objectors to this application were not present and having given consideration to the objection which had been submitted and consideration of advice of the clerk and having heard the observations of the Housing Officer and the applicant on their own behalf, the Committee agreed that the application be granted subject to the condition that occupation of the property be limited to four persons.

(xi) In the case of Application Nos 31 to 75, the Committee agreed that consideration of these applications be deferred to a future meeting.

(i) HOUSES IN MULTIPLE OCCUPATION - RENEWALS

There were submitted the undernoted applications:-

In the case of Application No 1, there being no objections, the Committee agreed that the application be granted.

In the case of Application No 2, the Committee agreed that consideration of this application be deferred to a future meeting to allow the Housing Department to further their enquiries.

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) TAXI DRIVER'S/OPERATOR'S LICENCE - SUSPENSION HEARING

There was submitted a letter of complaint by the Chief Constable relative to the conduct of Mr J R during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable. Thereafter, 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 the matter be deferred until further notice.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

There was submitted a letter of complaint by the Chief Constable relative to the conduct of Mr J D during the current of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf, the Committee agreed that no further action be taken.

The Convener had agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATION

On a reference to Article IV(a) of minute of meeting of this Committee of 7th December, 2006 wherein consideration of the application was deferred pending receipt of references, there was submitted an application by Mr T H for a Taxi Driver's Licence.

The Committee gave consideration to the content of the references which had been received and a letter which had been submitted by Angus Council. The Committee also gave consideration to the content of the letter of objection which had been submitted by the Chief Constable relative to this application. Thereafter, having heard the applicant on their own behalf and the observations of the representative of the Chief Constable, the Committee agreed that the application be granted for a period of one year.

Bruce D MACKIE, Convener.