Licensing Committee - 12/01/2006

At a MEETING of the LICENSING COMMITTEE held at Dundee on 12th January 2006.

Present:-

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 1st Dcember 2005 was held as read.

Unless marked thus * all items stand delegated.

I THEATRES ACT 1968

It was reported that the Lord Provost had intimated to the Chief Executive in terms of Standing Order No 50(3) that he would like the Committee to give consideration to varying the terms of the conditions of licence granted to all theatres in Dundee with a view to preventing the consumption of alcohol in the Auditorium area.

After hearing the Lord Provost, the Committee agreed that a suitable condition be drafted for consideration at the next meeting of the Licensing Committee.

II LICENSING SUB-COMMITTEE - MINUTE OF 1ST DECEMBER 2005

The minute of meeting of the Licensing Sub-Committee of 1st December 2005 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

III MEMBERSHIP OF LICENSING COMMITTEE

It was reported that Councillor Grant had tendered her resignation from the Licensing Committee with immediate effect and that there was now a vacancy on this Committee which required to be filled by a member of the Administration and that in terms of Standing Order No 46(2) the change would have effect from the next meeting of the Committee.

The Committee agreed that Councillor Shimi would replace Councillor Grant on the Licensing Committee from the next meeting of the Committee.

IV TAXI LIAISON GROUP

Reference was made to Article I of the minute of meeting of the Taxi Liaison Group on 24th October, 2005 wherein the Convener stated that the membership of the Taxi Liaison Group would be reviewed.

The Committee gave consideration to the current composition of the Group and after hearing representatives from the Dundee Taxi Association, the Transport and General Workers Union, the Dundee Wheelchair Taxi Association and The Dundee Taxi Cab Company Limited agreed that each member organisation now be allocated one place as follows:-

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) CINEMA LICENCE NEW APPLICATION

There was submitted the undernoted application:-

In respect of this application the Committee, after hearing a representative from Cineworld and the observations of a representative from Environmental Health, agreed that consideration of the application be deferred to a future meeting.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of applications numbers 1 to 3, there being no objection, the Committee agreed that the applications be granted.

In the case of applications numbers 4 to 19, the Committee agreed that consideration of these applications be deferred to a future meeting.

(c) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests:-

1. A request for variation had been received to substitute Azam Salimi as the owner of the premises at 127 Broughty Ferry Road, Dundee.

2. A request for variation had been received to substitute Robert J Sterling as the owner of the premises at 13 Panmure Street, Dundee.

3. A request for variation had been received to change the day to day manager of the premises at 70C Polepark Road, Dundee to Nicholas J Horan.

4. A request for variation had been received to change the day to day manager of the premises at 2E Shaftesbury Place, Dundee to Angus Glen Properties Ltd.

In the case of request numbers 1 and 2, the Committee noted that these had been withdrawn from consideration by the applicants.

In the case of request numbers 3 and 4, there being no objections, the Committee agreed that the requests be granted.

(d) LATE HOURS CATERING LICENCES RENEWALS WITHIN POLICY

There were submitted the undernoted applications:-

In the case of applications 1 to 45, there being no objections, the Committee agreed that the applications be granted.

(e) LATE HOURS CATERING LICENCES RENEWALS - OUTWITH POLICY

There were submitted the undernoted applications:-

In the case of applications 1 to 12, the Committee after hearing an agent on behalf of five of the applicants and consideration of a petition which had been tabled in support of the applicants agreed that consideration of these applications be deferred to a future meeting.

(f) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of applications 1 and 2, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

In the case of application number 3, there being no objections, the Committee agreed that the application be granted.

In the case of application number 4, the Committee noted that the applicant was not present and agreed that the application be considered in their absence, and, after consideration of a letter of objection received from a member of the public and a letter from Tayside Fire and Rescue, the Committee agreed that the application be refused.

(g) PRIVATE HIRE DRIVERS LICENCE - NEW APPLICATION

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

(h) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(i) SECOND-HAND DEALERS NEW APPLICATIONS

There being no objections, the Committee agreed that the undernoted application be granted subject to a satisfactory inspection by Environmental Health:-

(j) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of applications numbers 1 to 7, there being no objections, the Committee agreed that the applications be granted.

In the case of applications numbers 8, 9 and 11, the Committee noted that 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 number 10, the Committee noted that this application had been withdrawn from consideration by the applicant.

(k) TAXI DRIVER'S LICENCE - RENEWALS

There were submitted the undernoted applications:-

In the case of applications numbers 1 to 3, there being no objections, the Committee agreed the applications be granted.

(l) TAXI LICENCE - NEW APPLICATIONS

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

(m) TAXI FARES

Reference was made to Article (II) of minute of meeting of this Committee of 3rd November 2005, wherein it was agreed that fares for taxis be reviewed, the changes being the initial charge increasing by 20p to 2.40 with no change in the initial yardage of 704 yards and the anti-social hours charge from 60p between 10pm and 6am Fridays to Sundays being increased to 1.00.

The proposed variation in fares was advertised in the local press and objections had been received.

The Committee, after hearing a representative from the Dundee Taxi Association, agreed that the above fares increase be confirmed.

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

It was reported that the (TW200) manufactured by Patons, had been assessed by the Plant and Vehicle Officer and the Cabs Enforcement Officer and that having received appropriate certification, they recommended that the vehicle be added to the list of accessible vehicles.

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

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 1 of Schedule 7A to the above Act

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI LICENCE REQUEST FOR VARIATION

There was submitted a letter by Mr F M requesting a variation to his taxi licence conditions.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter there being no objections the Committee agreed that the request be granted for the duration of the unexpired portion of the Licence.

(b) TAXI DRIVER'S LICENCE SUSPENSION HEARING

There was submitted a letter of information by the Chief Constable in relation to the alleged conduct of Mr B M during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter and after hearing the observations of the representative of Tayside Police and an agent on behalf of the licence holder agreed that the suspension be continued with immediate effect for the unexpired portion of the licence unless there was a material change of circumstances.

(c) TAXI LICENCE - NEW APPLICATION

There was submitted an application by Mr B M for a Taxi Licence.

The Committee noted that the letter of representation which had been submitted by the Chief Constable relative to this application had been withdrawn. Thereafter the Committee agreed that the application be granted.

(d) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr D C for a Window Cleaner's Licence.

The Committee gave consideration to a letter of representation 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 Constable's 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 on behalf of the Chief Constable and the applicant on their own behalf, agreed that the application be granted.

(ii) On a reference to Article III(h) of minute of meeting of 1st December, 2005 there was submitted an application by Mr J T for a Window Cleaner's Licence.

The Committee noted that the applicant was not present and agreed that the application be considered in their absence

The Committee gave consideration to a letter of representation 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 Constable's 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 on behalf of the Chief Constable agreed that the application be refused.

(iii) There was submitted an application by M R for a Window Cleaner's Licence

The Committee gave consideration of a letter of representation which had been submitted by the Chief Constable relative to the application. Part of the representation referred to convictions which were spent in terms of the rehabilitation of Offenders Act and after hearing the Chief Constable's 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 on behalf of the Chief Constable and the applicant on their own behalf, agreed that the application be granted for a period of one year only.

BRUCE D MACKIE, Convener.