Licensing Committee - 02/02/2006

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd February, 2006.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 12th January, 2006 was held as read.

Unless marked thus * all items stand delegated.

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a)                                        CINEMA LICENCE NEW APPLICATION

On a reference to Article V(a) of the minute of meeting of the Licensing Committee held on 12th January, 2006, there was submitted the undernoted application:-

The Committee, after hearing a representative of the Environmental Health Department and an agent on behalf of the applicant, agreed that the application be granted for a period of six months.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the cases of Application Nos 1 and 3 to 10, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 2, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Application No 11, the Committee, after hearing representatives of the Housing Department and the Environmental Health Department and a representative on behalf of the applicant, agreed that the application be granted subject to conditions.

In the case of Application No 12, the Committee noted that the objection which had been submitted by Mr Loftus had been withdrawn. The Committee noted that there were no other objectors present and after consideration of the objections which had been submitted, and having heard the applicant on their on behalf, Bailie Mackie, seconded by Councillor Barrie moved that the application be granted.

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

On a division, there voted for the motion - Bailie Mackie, Bailie Corrigan, Councillor Barrie and Councillor Wallace (4); and for the amendment, Lord Provost Letford, Councillor Dick, Bailie Powrie and Councillor Webster (4) - whereupon there being a parity of votes, Bailie Mackie used his casting vote in favour of the motion - whereupon the motion was declared carried and the application was granted.

In the case of Application No 13, the Committee heard an objector to the application and there being no other objectors present, gave consideration to the remaining objections which had been submitted and after hearing a representative of the Housing Department and a representative on behalf of the applicant, agreed that the application be refused.

In the case of Application No 14, the Committee noted that there was no-one present on behalf of the objectors and after hearing a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

In the case of Application Nos 15 to 29, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(c) HOUSES IN MULTIPLE OCCUPATION REQUEST FOR VARIATION

It was reported that a request for variation had been received to change the day to day manager of the premises at 32 (1/1) South Tay Street, Dundee to Lesley Davie. There being no objections, the Committee agreed that the request be granted.

(d) LATE HOURS CATERING LICENCES RENEWALS OUTWITH POLICY

On a reference to Article V(e) of the minute of meeting of 12th January, 2006, wherein a petition had been submitted in relation to Application Nos 1 to 5 listed below, it was reported that the petition had contained six thousand names and that although some of the names were obviously false, the vast majority would seem to be users of the late hours catering premises.

There were submitted the undernoted applications together with a letter received from the Divisional Commander, Tayside Police in respect of the petition.

Bailie Powrie left the chamber prior to consideration of the following applications:-

Prior to consideration of the applications an agent on behalf of Applicants 1-5 confirmed that the petition was collected in all fourteen late hours catering establishments within the City Centre.

In the case of Applications Nos 1 to 5, and 7 to 8 the Committee, after hearing an agent on behalf of the applicants agreed that the applications be granted subject to the hours of opening being restricted to the new policy.

In the case of Application No 6, the Committee, after hearing the applicant on their own behalf, agreed that the application be granted subject to the hours of opening being restricted to the new policy.

In the case of Application No 9, the Committee, after hearing a representative on behalf of the applicant, agreed that the application be granted subject to the hours of opening being restricted to the new policy.

Councillor Wallace declared a non-financial interest in Application No 10 and took no part in the proceedings.

In the case of Application No 10, after hearing an agent on behalf of the applicant, and consideration and advice of the legal officer, Bailie Mackie, seconded by Councillor Webster moved that the application be granted subject to the hours of opening being restricted to the new policy.

As an amendment, the Lord Provost, seconded by Councillor Dick, moved that the application be granted and that the policy not be applied.

On a division, there voted for the motion Bailie Mackie, Bailie Corrigan, Councillor Barrie and Councillor Webster (4); and for the amendment, Lord Provost Letford and Councillor Dick (2) - whereupon the motion was declared carried. Councillor Wallace had declined to vote on this occasion by virtue of his declaration of non-financial interest in the application.

In the case of Application No 11, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, the Committee agreed that the application be granted subject to the hours of opening being restricted to the new policy.

Bailie Powrie re-entered the chamber prior to consideration of the following application.

In the case of Application No 12, the Committee, after hearing from the applicant on their own behalf and the observations of the Environmental Health and Trading Standards Officer, and consideration of the content of the observations which had been submitted, agreed that the application be refused.

(e) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 1, the Committee, after hearing a representative on behalf of the applicant and having given consideration to the letter of support which had been tabled by the applicant, agreed that the application be granted subject to the hours of opening being restricted to the new policy.

In the case of Application No 2, the Committee, after hearing an agent on behalf of the applicant, agreed that the application be granted subject to the hours of opening being restricted to the new policy.

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

(f) PRIVATE HIRE DRIVERS LICENCE - NEW APPLICATIONS

There was submitted the undernoted application:-

The Committee noted that the applicant was not present and agreed that the application be considered in their absence and after noting that the applicant had failed to pass the police test within the prescribed period, agreed that the application be refused.

(g) PRIVATE HIRE CAR LICENCE - NEW APPLICATIONS

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

(h) PUBLIC ENTERTAINMENT LICENCE NEW APPLICATIONS

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

(i) SECOND-HAND DEALERS LICENCE NEW APPLICATIONS

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

(j) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Applications 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 the applicant was not present and agreed that the application be considered in their absence. Thereafter, having been advised that the applicant had failed to pass the street test within the prescribed period, agreed that the application be refused.

(k) TAXI LICENCE - NEW APPLICATIONS

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

II THEATRES ACT 1968

(a) CONSUMPTION OF ALCOHOL IN THEATRES - CONDITION OF LICENCE

Reference was made to Article I of the Minute of Meeting of the Licensing Committee of 12th January, 2006 wherein the Committee agreed to the proposal by the Lord Provost to introduce a condition prohibiting the consumption of alcohol in the auditoria of theatres.

The Committee agreed:-

(i) that the standard list of conditions attached to licences granted under the Theatres Act 1968 be amended to include the following condition:-

"There shall be no consumption of alcoholic liquor in the auditorium of the premises in respect of which this licence is granted. This prohibition shall apply at all times during which the premises are open to the public."

(ii) that theatres, such as the Caird Hall, which were licensed under other legislation have an identical condition attached to these licences; and

(iii) to note that there was no mechanism in the Theatres Act 1968 for varying existing licences and that an amended list of conditions would be attached as and when the licences were due for renewal.

The Convener 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.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

TAXI OPERATORS LICENCE - REQUEST FOR VARIATION

Councillor Webster declared a non-financial interest in this application, and withdrew from the chamber during its consideration, by virtue of the applicant being known to him in a personal capacity.

There was tabled a request from Mr Graham Barclay for Kinloch Travel Services requesting a variation to his Taxi Operators Licence to allow for tinted windows on his vehicle.

The Committee after hearing the observations of the Plant and Vehicle Officer, consideration of the advice of the Legal Officer and the application on their own behalf agreed that the variation be granted to allow for tinted windows on the vehicle.

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 may 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

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PRIVATE HIRE CAR LICENCE - NEW APPLICATION

There was submitted an application by Mr KM for a Private Hire Car Licence,

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application. Part of the objection 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 given consideration to additional information which was tabled by the Clerk and having heard the observations of the representative of the Chief Constable, consideration of the advice of the Legal Officer and having heard the applicant on their own behalf agreed that the application be refused.

(b) WINDOW CLEANER'S LICENCE - RENEWAL

There was submitted an application by Mr NB for renewal of his Window Cleaner's Licence.

The Committee after being advised that the applicant was not present agreed that consideration of the application be deferred to a future meeting of the Committee.

BRUCE D MACKIE, Convener.