Licensing Committee - 29/03/2007

At a MEETING of the LICENSING COMMITTEE held at Dundee on 29th March, 2007.

 

Present:-

 

Lord Provost John R LETFORD

 

BAILIES

 

John CORRIGAN

Bruce D MACKIE

Neil I C POWRIE

 

COUNCILLORS

 

Helen DICK

Jim BARRIE

Charles A WEBSTER

 

Roderick A J WALLACE

 

 

Bailie Bruce D MACKIE, Convener, in the Chair.

 

The minute of meeting of this Committee of 1st March, 2007 was held as read.

 

Unless marked thus * all items stand delegated.

 

I MINUTE OF MEETING OF TAXI LIAISON GROUP

 

The minute of meeting of the Taxi Liaison Group held on 8th March, 2007 was submitted and approved, a copy of which is attached to this minute as Appendix I.

 

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) and in view of the timescales.

 

II MINUTE OF MEETING OF LICENSING SUB COMMITTEE

 

The minute of meeting of Licensing Sub-Committee held on 1st March, 2007 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix II.

 

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) DEAL IN GAME - NEW APPLICATION

 

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

 

No

Name

Address of Premises

 

1

Marks & Spencers Plc

114 Brook Street, B/F

 

(b) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

Hours of Opening

 

1

Mohammed Bakir

Istanbulie

31 Union Street

From 11pm to 2.30am Mondays to Sundays

 

2

Basheir El-Nakla

Pizza De Roma

32 Seagate

From 11pm to 2.30am Sundays to Thursdays & 11pm to 3am Fridays and Saturdays

In the case of Application No 1, the Committee gave consideration to correspondence which had been submitted by the Environmental Health and Trading Standards Department and an objection which had been submitted by a member of the public. Thereafter, having heard the objector and representatives of the Environmental Health Department and Tayside Fire and Rescue and having heard the applicant on their own behalf, and consideration to the advice of the Legal Officer, the Committee agreed that the application be refused.

 

In the case of Application No 2, 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 granted in accordance with policy.

 

(c) PET ANIMALS LICENCE - NEW APPLICATION

 

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

 

No

Name

Address of Premises

 

1

Pets At Home Limited

Unit 3, Kingsway East Retail Park

 

(d) PRIVATE HIRE LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

 

1

Paul Angus

 

2

Harold Barlow

 

3

John McGuckin

 

 

(e) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

 

There was submitted the undernoted application.

 

No

Name

Address of Premises

Purpose Including Dates

 

1

Charles Hickey

Overgate Centre (in between glass wall and Church)

Children's Entertainment,

Holidays/Summer Weekends during shopping hours

 

The Committee noted that this application had been withdrawn from consideration by the applicant.

 

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

 

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

 

No

Name

Address of Premises

Type of Goods

 

1

Theresa Johnston

Dens Road Market

Second Hand Furniture & Electrical Appliances

 

(g) LICENSING OF SKIN PIERCING AND TATTOOING ORDER, 2006 - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

 

1

Ursula Eyles

274 Blackness Road

2

Shirley Tracey

13 Cowgate (Retro Hair & Beauty)

3

Yvonne Brown

7 Castle Street

4

Yvonne Menzies

Unit 11, Forum Centre

5

Philip Davidson

38 Dock Street

6

Nancy J Weir

46 Reform Street

7

Yankee Tattoo/Derek Young

70 Albert Street

8

Gail A Nicely

4 Johnstone's Lane

9

Claire-Louise Green

13 Cowgate (Ink Demons)

10

Heather Dewar

117 Logie Street

11

Alison Brady

31 Hawkhill

12

Herbmedic Centre/Li Mao

Unit 4A, Overgate Centre

13

Claire's Accessories/S Williams

Unit L7A, Overgate Centre

14

Claire's Accessories/S Williams

Level 1, Wellgate Centre

 

In the case of Applications No 1 to 11, there being no objections, the Committee agreed that the applications be granted subject to works being completed to the satisfaction of the Environmental Health and Trading Standards Department.

 

In the case of Application No 12, the Committee gave consideration to a letter of objection which had been submitted by the Environmental Health and Trading Standards Department and after hearing a representative of the Environmental Health and Trading Standards Department and a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

 

In the case of Applications Nos 13 and 14, the Committee noted the applicants were not present and agreed that the applications be considered in their absence. Thereafter, having given consideration to the letters of objection, which had been submitted by the Environmental Heath and Trading Standards Department, the Committee agreed that the applications be refused.

 

(h) CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - FEES

 

It was reported that following an exercise undertaken in conjunction with the Depute Chief Executive (Finance) there would be no increase in the level of fees for 2007/2008.

 

The Committee noted that from the 1st of April 2007 the fees for the testing centre would be as follows:

 

Test Element

Fee

 

Full Test

45.00

Full Test Non Attendance

22.00

Full Test Cancellation (within 24 hours)

22.00

Taxi Re-test (Non Painterwork)

14.00

Taxi Re-test Non Attendance

7.00

Taxi Re-test (Painterwork only)

14.00

Taxi Re-test (3 Free Re-test Items only)

Free

Pre-test (Replacement Vehicles Only)

34.00

Pre-test Non Attendance

17.00

Meter Test

22.00

Taxi Plate

13.00

Duplicate Taxi Certificate

8.00

M.O.T Certificate (Taxi Testing See Notes)

8.00

M.O.T Test

35.00

Duplicate M.O.T Certificate

10.00

 

(i) APPROVED LIST OF ACCESSIBLE VEHICLES - ADDITION TO LIST

 

It was reported that the Mercedes M8 SE presented by Cabs Direct had been assessed by the Plant and Vehicles Officer and the Cabs Enforcement Officers and that having received the appropriate certification, they had recommended that the vehicle be added to the list of accessible vehicles.

 

The Committee agreed that the vehicle be added to the list.

 

(j) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted application:-

 

No

Name

 

 

1

Grant Adam

 

2

Nadeem Bhatti

 

3

Douglas Birse

 

4

Philip Flynn

 

5

Thomas Burns

 

6

Thomas Butterworth

 

7

Ryan Leddie

 

8

Kenneth McMinn

 

9

Diane Rennie

 

10

Terence Walls

 

11

Tariq Yakoob

 

 

In the case of Applications Nos 1 to 4, there being no objections, the Committee agreed that the applications be granted.

 

In the case of Applications Nos 5 to 9, the Committee noted the applicants had failed to pass the street test within the prescribed period and agreed that the applications be refused.

 

In the case of Application No 10, the Committee noted that the applicant had failed to pass the street test within the prescribed period and after hearing the applicant on their own behalf and consideration of the advice of the Clerk, agreed that the application be refused.

 

In the case of Application No 11, the Committee noted that this application had been withdrawn from consideration by the applicant.

 

(k) TAXI LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

 

 

1

Eric Wilton

 

 

2

Sheilain Scullion (two 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 gave consideration to letters of objection which had been submitted by members of the public and after hearing from the objectors on their own behalf and an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

 

(l) TAXI LICENCE - REQUEST FOR VARIATIONS

 

There were submitted the undernoted requests for variation:-

 

No

Applicant

 

 

1

Peter Fraser

 

2

Gary Samson, t/a MPV Travel

 

3

Alan Leiper

 

4

Nicola McKay

 

 

In the case of Application No 1, the Committee noted that the application for variation was to replace the plate with a disc and not to allow tinted windows. Thereafter, having heard a representative of Tayside Police and the applicant on their own behalf, the Committee agreed that the request for variation of the Private Hire Licence conditions to replace the plate with a disc be granted.

 

In the case of Application No 2, the Committee noted that the application for variation was to replace the plate with a disc and to allow tinted windows. Thereafter, having heard a representative of Tayside Police and the applicant on their own behalf, the Committee agreed that the request for variation to the Private Hire Licence conditions to replace the plate with a disc and to allow tinted windows be granted subject to conditions.

 

In the case of Application No 3, the Committee, after hearing a representative of Tayside Police and the applicant on their own behalf, agreed that the request for variation to the Private Hire Licence conditions to allow tinted windows be granted.

 

In the case of Application No 4, the Committee, after hearing a representative of Tayside Police and a representative on behalf of the applicant, agreed that the request for variation to the Private Hire Licence conditions to allow tinted windows be granted.

 

(m) THEATRE LICENCE - NEW APPLICATION

 

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

 

No

Applicant

Address of Premises

 

1

Whitehall Theatre (Dundee) Limited

12 Bellefield Street

 

(n) WINDOW CLEANER'S LICENCE - NEW APPLICATION

 

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

 

No

Name

 

 

1

Lynn Digan

 

 

(o) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address

 

1

Popinder Pal & Tirath Ram Jassal

20A Forebank Road

2

Popinder Pal & Tirath Ram Jassal

8 Eadies Road, (Flat A)

3

Popinder Pal & Tirath Ram Jassal

8 Eadies Road, (Flat C)

4

Popinder Pal & Tirath Ram Jassal

8 Eadies Road, (Flat B)

5

Paul Waldron

31 Reform Street, (1/L)

6

Richard M & Elaine W Bailey

62 Peddie Street, (3/0)

7

Lee Chadwick

334 Perth Road, Flat E

8

Lee Chadwick

4 Highmill Court

9

Gwendoline Michael &

Timothy Michael

Garland Place, 7 Barrack Road (G/R)

10

David Hendley

10 Daniel Place

11

Georgina Morgans

50 Rosefield Street

12

Ceol Na Mara Investments/

Richard Hawkins

8 Daniel Terrace

13

Ceol Na Mara Investments/

Richard Hawkins

4 Daniel Terrace

14

Ceol Na Mara Investments/

Richard Hawkins

46 Rosefield Street

15

Ceol Na Mara Investments/

Richard Hawkins

54 Rosefield Street

16

Ceol Na Mara Investments/

Richard Hawkins

14 Daniel Terrace

17

Ceol Na Mara Investments/

Richard Hawkins

12 Daniel Terrace

18

Richard Hawkins

9 Milnbank Gardens

19

Angus Wright

40 Union Street, (3/2)

20

Richard M & Elaine W Bailey

4 Garland Place, (2/1)

21

Sandeep & Sanjay Majhu Properties/

S & S Majhu

87 Birkdale Place

22

Richard M & Elaine W Bailey

11 Morgan Place, (1/1)

23

Kenneth C Rankin

3 Norwood Terrace

24

John M Henderson

63 Thorter Row

25

Ameer Naved

13 Panmure Street, (3/1)

26

Susan M & David M Radford

14 Milnbank Gardens

27

Flats 4 U Limited

17 The Hub, Hawkhill, (D/1)

28

AQH Dundee GP Limited

17 The Hub, Hawkhill, (D/5)

29

Flats 4 U Limited

31 Reform Street, (3/2)

30

Alan Barclay Gibson

8 Benvie Road

31

Yusuf Alimahomed

15A Step Row

32

Yusuf Alimahomed

15B Step Row

33

William Whyte

8 Westfield Place

34

William Whyte

8A Westfield Place

35

Karen Marr

4b Shaftesbury Road

 

(i) In the case of Application Nos 1 to 4, 9 and 10, the Committee, after hearing a representative of the Housing Department and the applicants on their own behalf, agreed that the applications be granted.

 

(ii) In the case of Application Nos 5 and 11 to 18, the Committee, after hearing a representative of the Housing Department and an agent on behalf of the applicants, agreed that the applications be granted.

 

(iii) In the case of Application No 6, the Committee, after hearing the applicant on their own behalf and an agent on behalf of the applicant, agreed that the application be granted.

 

(iv) In the case of Application Nos 7 and 8, the Committee, after having given consideration to the advice of the Legal Officer, agreed that the applications be deferred.

 

(v) In the case of Application No 19, the Committee gave consideration to an objection which had been submitted by the Private Sector Services Manager and after hearing a representative of the Housing Department and the applicant on their own behalf, Bailie Mackie, seconded by Bailie Corrigan, moved that the application be granted subject to works being completed to the satisfaction of the Housing Department within a period of one week.

 

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

 

On a division, there voted for the motion - Bailie Mackie, Bailie Corrigan and Councillor Barrie (3); and for the amendment - Lord Provost Letford, Councillor Dick, Bailie Powrie, Councillor Wallace and Councillor Webster (5) - whereupon the amendment was declared carried and the application was refused.

 

(vi) In the case of Application No 20, the Committee gave consideration to letters of objection which had been submitted by members of the public including an objection which had been submitted late and a letter of support which had been submitted by the applicant. Thereafter, having heard from two of the objectors, a representative of the Housing Department, a representative of Tayside Police and an agent on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the application be refused.

 

(vii) In the case of Application No 21, the Committee noted that the applicants were not present and agreed that the application be considered in their absence. Thereafter, the Committee gave consideration to letters of objection which had been submitted by members of the public and an observation which had been submitted by the Private Sector Services Manager. Having heard a representative of the Housing Department and consideration of advice of the Clerk, the Committee agreed that the application be refused.

 

(viii) In the case of Application No 22, the Committee gave consideration to letters of objection which had been submitted by members of the public. Thereafter, having heard from an objector and a representative of the Housing Department and the applicant on their own behalf and an agent on behalf of the applicant and consideration of a plan which had been submitted by the agent, Bailie Mackie, seconded by Bailie Corrigan, moved that the application be granted.

 

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

On a division, there voted for the motion - Bailie Mackie, Bailie Corrigan, Councillor Barrie, Councillor Wallace and Councillor Webster (5); and for the amendment - Lord Provost Letford and Bailie Powrie (2) - whereupon the motion was declared carried and the application was granted. Councillor Helen Dick not being present when the vote was taken.

 

(ix) In the case of Application No 23, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having given consideration to a letter of objection which had been submitted by a member of the public and a letter of support which had also been submitted, the Committee agreed that the application be refused.

 

(x) In the case of Application No 24, the Committee noted that the letter of objection which had been submitted by a member of the public had been withdrawn. Thereafter, having given consideration to letters of support which had been submitted and having heard a representative of the Housing Department and an agent on behalf of the applicant, Bailie  Mackie, seconded by Councillor Webster, moved that the application be granted.

 

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

 

On a division, there voted for the motion - Bailie Mackie, Bailie Corrigan, Councillor Barrie, Councillor Wallace and Councillor Webster (5); and for the amendment - Lord Provost Letford and Bailie Powrie (2) - whereupon the motion was declared carried and the application was granted. Councillor Helen Dick not being present when the vote was taken.

 

(xi) In the case of Application Nos 25 to 34, the Committee agreed these applications be deferred to a future meeting of the Committee.

 

(xii) In the case of Application No 35, the Convener had agreed that this application be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales.

 

Reference was made to Article V(c)(viii) of the minute of meeting of 7th September, 2006 wherein this application had been deferred in order that an extension of time could be obtained from the Sheriff to allow the Committee to continue consideration of the application.

 

The Committee gave consideration to original letters of objection which had been submitted and after hearing a representative of the Housing Department and an agent on behalf of the applicant, Bailie Mackie, seconded by Bailie Corrigan, moved that the application be granted.

 

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

 

On a division, there voted for the motion - Bailie Mackie and Bailie Corrigan (2); and for the amendment - Lord Provost Letford, Councillor Barrie, Bailie Powrie, Councillor Wallace and Councillor Webster (5) - whereupon the amendment was declared carried and the application was refused. Councillor Helen Dick not being present when the vote was taken.

 

(p) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

 

There were submitted the undernoted requests for variation:-

 

(1) A request for variation had been received for Osborne Terrace, 99 Magdalen Yard Road to change of day to day manager to Kenneth Edward.

 

(2) A request for variation had been received for 17 Osborne Place to change of day to day manager to Kenneth Edward.

(3) A request for variation had been received for 8A Prospect Place to change of day to day manager to Simon Cohen.

 

(4) A request for variation had been received for 9 Crescent Lane to change of day to day manager to Simon Cohen.

 

(5) A request for variation had been received for 92 Victoria Road, (Flat A) to change of day to day manager to Belvoir Letting Agents.

 

In the case of Application Nos 1, 2 and 5, there being no objections, the Committee agreed that the requests for variation be granted.

 

In the case of Applications Nos 3 and 4 the Committee agreed that these applications be considered in the private part of the agenda.

 

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 to the above Act.

 

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) PRIVATE HIRE LICENCE - NEW APPLICATION

 

There were submitted two applications by B Limited for Private Hire Licences.

 

The Committee noted that the applicants were not present and agreed that the applications be deferred to a future meeting to allow Tayside Police to conclude their enquiries.

 

(b) TAXI DRIVER'S LICENCE - NEW APPLICATION

 

There was submitted an application by Mr J K for a Taxi Driver's Licence.

 

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relative to this application.

 

Thereafter, having heard a representative of Tayside Police and the applicant on their own behalf and consideration of letters of support which had been submitted by the applicant, the Committee agreed that the application be granted.

 

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

 

On a reference to Article I of the minute of meeting of the Licensing Sub-Committee of 15th February, 2007, the Committee gave consideration to a letter of information which had been submitted by Tayside Police relative to the conduct of Mr R S during the currency of his Taxi Driver's Licence.

 

The Committee, after hearing a representative of Tayside Police and consideration of advice of the Legal Officer, agreed that the licence be suspended for the unexpired portion of the licence until May 2008.

 

(d) TAXI DRIVER'S OPERATOR'S LICENCE - SUSPENSION HEARING

 

(i) On a reference to Article I(a) of the minute of meeting of the Licensing Sub-Committee held on 1st March, 2007, the Committee gave consideration to a letter of information which had been submitted by the Corporate Food Safety and Tobacco Control Officer in relation to the conduct of Mr D C during the currency of his Taxi Driver's and Taxi Operator's Licences.

 

The Committee noted that the licence holder was not present and having given consideration to the advice of the Clerk, agreed that the suspension hearing be continued until 14th June, 2007.

(ii) On a reference to Article I(a) of the minute of meeting of the Licensing Sub-Committee held on 1st March, 2007, the Committee gave consideration to a letter of information which was submitted by the Corporate Food Safety and Tobacco Control Officer in relation to the conduct of Mr R T during the currency of his Taxi Driver's and Taxi Operator's Licences.

 

The Committee, after hearing a representative of the Environmental Health and Trading Standards Department, the applicant on their own behalf and consideration of advice of the Clerk and the Legal Officer, agreed that both licences be suspended for the unexpired portion.

 

(e) EXTENSION TO PERIOD TO WIND UP ESTATE

 

There being no objections, the Committee agreed that the extension be granted to the executor of the licence holder, H K, until 31st May, 2007 to allow the estate to be concluded.

 

(f) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

 

(i) There was submitted a request for variation for 17 Osborne Place to change of day to day manager to Mr S C. The Committee, after hearing the Legal Officer, agreed that the application be deferred to a future meeting.

 

(ii) There was submitted a request for variation for 9 Crescent Lane to change of day to day manager to Mr S C. The Committee after hearing the Legal Officer agreed that the application be deferred to a future meeting.

 

 

 

 

Bruce D MACKIE, Convener.