Licensing Committee - 01/02/2007

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st February, 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 11th January, 2007 was held as read.

Unless marked thus * all items stand delegated.

Prior to the commencement of business, the Convener paid tribute to solicitor, Wilson McMichael who passed away recently.

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) APPLICATIONS FOR PERMITS FOR AMUSEMENTS WITH PRIZES - NEW APPLICATION

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

(b) APPLICATION FOR USE OF CITY SQUARE - NEW APPLICATION

There was submitted the undernoted application:-

The Committee, having heard from the applicant on their own behalf and from representatives of Tayside Fire and Rescue and Economic Development, agreed to grant the above application subject to the applicant meeting the necessary requirements of the licence.

(c) LATE HOURS CATERING LICENCE - NEW APPLICATION

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

(d) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATION

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

(e) PRIVATE HIRE DRIVER'S LICENCE - NEW APPLICATION

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

(f) PRIVATE HIRE LICENCE - NEW APPLICATION

There were submitted the undernoted applications:-

In the case of Application No 1, there being no objections, the Committee agreed the application be granted, subject to the usual conditions.

In the case of Application No 2, the Committee, having heard from the applicant on their own behalf and from the Chief Constable's representative, agreed to grant the above application subject to the usual conditions with a variation of the windscreen and tint. It was remitted to the Clerk to report back to the next meeting of the Committee regarding the applicant's request to have the vehicle treated as a special events vehicle.

In the case of Application No 3, the Committee agreed to grant the above application subject to the usual conditions. It was remitted to the Clerk to report back to the next meeting of the Committee regarding the applicant's request to have the vehicle treated as a special events vehicle.

(g) SECOND HAND DEALER'S LICENCE - NEW APPLICATIONS

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

(h) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

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

(i) TAXI DRIVER'S LICENCE - RENEWALS

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

(j) TAXI LICENCE - NEW APPLICATION

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

(k) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1, 2 and 4, the Committee, after having heard from the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the applications be granted.

In the case of Application No 3, the Committee, having heard from a representative on behalf of the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the application be granted.

In the case of Application No 5, the Committee, having heard from a representative on behalf of the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the application be refused.

In the case of Application No 6, the Committee, having heard from the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the application be granted for three months.

In the case of Application Nos 7, 17, 22, 23, 24, 25, 33, 34, 35, 36, 40, 46, 47 and 48, the Committee, having heard from the Clerk, agreed that the applications be granted. These applications were new applications occasioned by a change of ownership of the properties concerned and, therefore, did not result in an increase in the number of licensed properties in the streets under consideration.

In the case of Application No 8, the Committee, having heard from the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the application be granted.

In the case of Application No 9, the Committee, having heard from an agent on behalf of the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the application be granted.

In the case of Application No 10, the Committee, having heard from an agent on behalf of the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the application be granted for three months.

The Committee noted that Application Nos 12 and 52 had been withdrawn from the agenda.

In the case of Application Nos 11, 13, 14, 26, 27, 29, 30 and 38, the Committee, having heard from an agent on behalf of the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the applications be granted.

In the case of Application Nos 15, 16, 18, 19, 20, 21 and 32, the Committee, having heard from the applicant and consideration of the observations of the Housing Officer and Clerk, agreed to grant that the applications be granted.

In the case of Application No 28, the Committee, having heard from the applicant's representative and consideration of the observations of the Housing Officer and Clerk, agreed that the application be granted.

In the case of Application Nos 31, 42 and 43, the Committee, having heard from an agent on behalf of the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the applications be granted.

In the case of Application No 37, the Committee, having heard from an agent on behalf of the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the application be granted.

In the case of Application No 39, the Committee, having heard from an agent on behalf of the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the application be granted.

In the case of Application No 41, the Committee, having heard from an agent on behalf of the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the application be granted.

In the case of Application No 44, the Committee, having heard from the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the application be granted.

In the case of Application No 45, the Committee, having heard from the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the application be granted.

In the case of Application No 49, the Committee heard from a representative of the applicant and an objector and considered the observations of the Housing Officer and Clerk.

The Convener moved that the application be granted but failed to find a seconder, whereupon he asked that his motion be recorded in terms of Standing Order No 30(9).

Thereafter, the Committee refused the application.

In the case of Application No 50, the Committee, having heard from a representative of the applicant, objectors and consideration of the observations of the Housing Officer and Clerk, agreed to refuse the application.

In the case of Application No 51, the Committee heard from an agent on behalf of the applicant and considered a letter of objection and observations from the Housing Officer and Clerk, agreed that the application be granted.

In the case of Application No 53, the Committee heard from an agent on behalf of the applicant and consideration of the observations of the Housing Officer and Clerk, agreed that the application be granted.

In the case of Application No 54, the Committee heard from an agent on behalf of the applicant, considered an objection and observations of the Housing Officer and Clerk.

The Convener moved that the application be granted but failed to find a seconder, whereupon he asked that his motion be recorded in terms of Standing Order No 30(9).

Thereafter, the Committee refused the application.

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 would involve the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A to the Act.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr R S for a Taxi Driver's Licence.

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable in this regard. Thereafter, the Committee heard a representative of the Chief Constable and a representative on behalf of the applicant.

The Convener, seconded by Councillor Webster, moved that the licence be granted for one year. As an amendment, Bailie Corrigan, seconded by the Lord Provost, moved that the application be refused.

On a division, there voted for the motion, the Convener and Councillors Dick, Wallace and Webster (4); and for the amendment, the Lord Provost, Bailies Corrigan and Powrie and Councillor Dawson (4).

There being a parity of votes, the Convener used his casting vote in favour of the motion thereby granting the licence for one year.

(b) TAXI DRIVER LICENCE - SUSPENSION HEARINGS

(i) Councillor Wallace declared a non-financial interest in this item by virtue of the professional involvement of a member of his family in the incident which formed the basis of the Chief Constable's complaint.

Reference was made to Article IV(b)(ii) of the meeting of this Committee of 11th January, 2007.

There was submitted a letter of complaint from Tayside Police and medical report relative to the conduct of Mr FWD during the currency of his Taxi Driver's Licence.

Thereafter, having heard from an agent on behalf of the licence holder, the Committee agreed to suspend the licence with immediate effect.

(ii) There was submitted a letter of complaint by the Chief Constable relative to the conduct of Mr A MacF during the currency of his Taxi Driver's Licence.

Thereafter, having heard from a representative of the Chief Constable and the licence holder on their own behalf, the Committee agreed to issue a severe warning.

Bruce D MACKIE, Convener.