Licensing Committee - 07/12/2006

At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th December, 2006.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie Bruce D MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 2nd November, 2006 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 20th September, 2006 was submitted and approved, a copy of which is attached to this minute as an appendix.

II HOUSES IN MULTIPLE OCCUPATION - OVERPROVISION

There was submitted Agenda Note AN411-2006 reporting on the Licensing of Houses in Multiple Occupation and issues which have arisen in regard to potential overprovision of HMOs in certain areas.

Reference was also made to Article IV minute of meeting of the Planning and Transportation Committee of 13th November, 2006, wherein a policy on avoiding excessive concentrations of HMO's based upon the percentage of such properties by Census Output Area was adopted. It was reported that a similar approach may be the most appropriate method for the Licensing Committee to follow should it wish to adopt a policy on overprovision.

The Committee agreed to remit to the Depute Chief Executive (Support Services) and the Director of Housing to prepare a report on this issue after consulting with interested parties. This should include all current licence-holders and applicants for licences, The Dundee Landlords' Association, the Universities and other higher education institutions, community councils and the general public.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

There was submitted the undernoted application:-

In the case of this application, the Committee after hearing an agent on behalf of the applicant agreed that consideration of the application be deferred to a future meeting of the Committee.

(b) MARKET OPERATOR'S LICENCE - NEW APPLICATION

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

(c) PRIVATE HIRE CAR DRIVER'S LICENCE - NEW APPLICATIONS

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

(d) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

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

There was submitted the undernoted application:-

In the case of this application, the Committee noted that the applicant was not present and after consideration of the the advice of the Clerk, agreed that consideration of this application be deferred to a future meeting to allow the applicant to be present.

(f) STREET TRADER'S LICENCE - NEW APPLICATIONS

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 conditions.

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 be present.

(g) APPROVED LIST OF ACCESSIBLE VEHICLES - ADDITIONS TO LIST

It was reported that the TX4 and the TW300 manufactured by Patons had been assessed by the Plant and Vehicle Officer and the Cabs Enforcement Officer and that appropriate certification had been received.

The Committee agreed that the vehicles be added to the list of accessible vehicles.

(h) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1-9, there being no objections, the Committee agreed the applications be granted.

In the case of Application Nos 10, 11, 12 and 15, the Committee noted that these applications had been withdrawn from consideration by the applicants.

In the case of Application Nos 13 and 14, the Committee noted that the applicants had failed to pass the street test within the required period and agreed that the applications be refused.

(i) TAXI LICENCE - NEW APPLICATIONS

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

(j) WINDOW CLEANER'S LICENCE - RENEWAL

There was submitted the undernoted application:-

In the case of this application, the Committee, after having heard an Agent on behalf of the Applicant, agreed that the application be granted.

(k) WINDOW CLEANER'S LICENCE - NEW APPLICATION

The were submitted the undernoted applications:-

In the case of Application No 1, the Committee after having heard the Applicant on their own behalf, agreed that the application be granted.

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

(l) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 3, the Committee after having heard a representative on behalf of the Applicants and consideration of the observations of the Housing Officer and the Clerk, agreed that the applications be granted.

In the case of Application Nos 4 to 6, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee as requested by an Agent on behalf of the Applicants.

In the case of Application Nos 7 to 66, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(m) HOUSES IN MULTIPLE OCCUPATION - RENEWALS

There were submitted the undernoted applications:-

In the case of Application No 1, the Committee agreed that consideration of this application be deferred to a future meeting of the Committee.

In the case of Application No 2, the Committee, after having heard a representative on behalf of the Applicant and the observations of the Housing Officer, agreed that the application be granted.

Councillor Webster declared a non-financial interest in respect of Application No 3 by virtue of the applicant being known to him in a personal capacity and withdrew from the Chamber during its consideration.

In the case of Application No 3, the Committee noted the objector to this application was not present. Thereafter, having given consideration to the letter of objection which had been submitted and having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 4, the Committee noted the objector to this application was not present. Thereafter, having given consideration to the letter of objection which had been submitted and a letter of support which had been submitted on behalf of the applicant and having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(n) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There being no objections, the Committee agreed the undernoted requests for variation be granted:-

(i) 5 Rustic Place (Top Left) - change of day to day manager to Aileen Glen.

(ii) Jericho House, 36 Artillery Lane - change of day to day manager to David McEnroy.

(iii) The undernoted properties - change of day to day manager to Thomas A Barufatti.

5 Blackness Avenue

80 Nethergate

234 Perth Road

52 Seafield Road

38 Seafield Road

142 Nethergate (3rd Floor)

142 Nethergate (2/L)

295 Hawkhill Road (2/2)

23 Step Row (2/1)

23 Step Row (2/2)

1A Thomson Street

1 Westfield Avenue

West Pitkerro Cottage, Baldovie

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.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATION

Councillor Webster returned to the Chamber prior to consideration of the undernoted application.

There was submitted an application by Mr T H 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, having heard the applicant on their own behalf and the observations of the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to a future meeting of the Committee to allow further enquiries to be undertaken.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) There was submitted a letter of complaint by the Chief Constable relative to the conduct of Mr R D during the currency 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 and a representative on behalf of the licence holder, the Committee agreed that no further action be taken.

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

There was submitted a letter of complaint by the Chief Constable relative to the conduct of Mr F D during the currency 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 and an Agent on behalf of the licence holder and consideration of the advice of the Legal Officer and the Clerk, the Committee agreed that this matter be deferred to the meeting of the Licensing Committee to be held in January 2007 and that the licence holder undertake a medical examination with the Council's Medical Examiner and that the suspension of licence continue in the intervening period.

(c) TAXI LICENCE - SUSPENSION HEARING

Councillor Wallace returned to the Chamber prior to consideration of the undernoted item of business.

There was submitted a letter of complaint by the Chief Constable relative to the conduct of Company X during the currency of their taxi licence.

The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable. Thereafter, having heard the representative of the Chief Constable and a representative of Company X and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

Bruce D MACKIE, Convener.