Licensing Committee - 02/03/2006

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

 

Present:-

 

Lord Provost John R LETFORD

 

BAILIES

 

John CORRIGAN

Bruce D MACKIE

Neil I C POWRIE

 

COUNCILLORS

 

Julia M STURROCK

Willie SAWERS

Roderick A J WALLACE

Joe MORROW

 

Charles A WEBSTER

 

Bailie MACKIE, Convener, in the Chair.

 

The minute of meeting of this Committee of 2nd February, 2006 was held as read.

 

Unless marked thus * all items stand delegated.

 

I MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

 

The minute of meeting of the Licensing Sub-Committee held on 2nd February, 2006 was submitted for information and record purposes, a copy of which is attached to this minute as Appendix I.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address

 

 

 

1

Jean Walker

6 St Marys Place

2

Fergus MacPherson

58 (1/2) Peddie Street

3

Michael Devlin

1 (1/2) Rustic Place

4

Michael Devlin

3D Tay Square

5

Dundee City Council

East Port House, 65 King Street

6

Charles Roberts

43 (3/2) Union Street

7

Manse Properties

166 (3/2) Perth Road

8

Manse Properties

275 (1/2) Blackness Road

9

Manse Properties

12 Westfield Place

10

Manse Properties

166 (3/1) Perth Road

11

S Asif and M Asif

31 (2/1) Reform Street

12

First Choice Lets Ltd

52 Ladywell Avenue

13

S Asif and M Asif

142 (3/2) Perth Road

14

Aisha Daud

3 (4th Floor) Seagate

15

Y D Limited

12 Windsor Street

16

David R Moir

5 Daniel Place

17

W M Reid

10A Westfield Place

18

Lindmac Ltd

30 Meadowside (Flat 1)

19

Lindmac Ltd

30 Meadowside (Flat 2)

20

S Asif and M Asif

44 Thomson Street

21

Mark Edmond

2 (1/1) Baxter Park Terrace

22

Lindsey Martin &

Keith Machie

2 (Second Left) Union Street

23

Ian Greer

1 Adelaide Terrace

24

John B Cape

30 Larch Street

 

25

John B Cape

28 Larch Street

26

Deirdre McKean

37 Larch Street

27

Deirdre McKean

10 Larch Street

28

Deirdre McKean

2 Larch Street

29

Deirdre McKean

4 Benvie Road

30

Debra Rice

84 (Top Floor Right) Commercial Street

31

Debra Rice

84 (Third Floor Left) Commercial Street

32

David Grant

2 (First Left) Paradise Road

33

John B Cape

27 Seafield Road

34

Deirdre McKean

16 Spinners Wynd

35

Westport Ltd

61A (3/R) Perth Road

36

Westport Ltd

61A (1/1) Perth Road

37

Westport Ltd

61A (3/1) Perth Road

38

Century 21 Homes Ltd

57 (A) Perth Road

39

Century 21 Homes Ltd

2 (First Floor) Millers Wynd

40

Westport Ltd

61A (2/L) Perth Road

 

In the case of Application Nos 1 - 16 there being no objections, the Committee agreed that the applications be granted.

 

In the case of Application No 17, after having heard from an objector, and having heard the observations of the Housing Officer and the applicant on their own behalf and following consideration of a letter of support tabled by the applicant and the advice of the Legal Officer, the Convener, seconded by Bailie Corrigan moved that the application be granted.

 

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

 

On a division there voted for the motion - the Convener, Councillor Sawers and Bailie Corrigan (3); and for the amendment - Lord Provost Letford, Councillor Sturrock, Councillor Morrow, Bailie Powrie, Councillor Wallace and Councillor Webster (6) - whereupon the amendment was declared carried and the application was refused.

 

In the case of Application Nos 18 and 19 the Committee noted that the applicants were not present and having been advised by the Clerk that notice had been properly served on the individuals agreed that the applications be considered in their absence. Thereafter the Committee, having considered the objections which had been lodged by the Private Sector Services Unit and having heard the observations of the Housing Officer agreed that the applications be refused.

 

In the case of Application No 20 the Committee noted that the objectors to this application were not present. Thereafter, having heard the observations of the Housing Officer and a representative on behalf of the applicant Bailie Corrigan, seconded by the Lord Provost moved that the application be refused.

 

As an amendment, Bailie Mackie, seconded by Councillor Sawers moved that the application be granted.

 

On a division there voted for the motion - the Lord Provost, Bailie Corrigan, Bailie Powrie and Councillor Wallace (4); and for the amendment - the Convener, Councillor Sturrock, Councillor Morrow, Councillor Sawers and Councillor Webster (5) - whereupon the amendment was declared carried and the application was granted.

 

In the case of Application No 21 the Committee, after having heard the applicant on their own behalf and consideration of an objection which had been received by members of the public and having heard the observations of the Housing Officer and a representative on behalf of the applicants and after receiving confirmation that there were no other observations the Committee agreed the application be granted subject to conditions.

 

In the case of Application Nos 22 - 40 the Committee agreed that consideration of these applications be deferred to a future meeting.

 

(b) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

 

There were submitted the undernoted requests:-

 

1. Variation to change the day to day manager of the premises at 4 Eason's Angle to James McCabe.

 

2. Variation to change the day to day manager of the premises at Flat 3, 30 Perth Road to Duncan Robertson.

 

3. Variation to change the day to day manager of the premises at Flat 4, 30 Perth Road to Duncan Robertson.

 

In the case of requests Nos 1 - 3, there being no objections, the Committee agreed that the requests be granted.

 

(c) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address

Hours of Opening

 

 

 

 

1

Maria Hot Food Ltd/Muhammid Amin

31 Albert Street

From 11 pm to 2 am Mondays to Sundays

 

 

 

 

2

Kau Mui Chung

175 Perth Road

From 11 pm to 1 am Mondays to Sundays

 

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

 

In the case of Application No 2, the Committee agreed that the application be granted subject to a satisfactory inspection by the Environmental Health Department.

 

(d) PRIVATE HIRE DRIVER'S LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

 

 

 

1

Philip Gibson

 

2

Lindsay Small

 

 

(e) PRIVATE HIRE CAR LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

 

 

 

1

Teri Louise Devine

 

2

Alistair Watt Macfarlane

 

 

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

 

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

 

No

Name

Address

Type of Goods

 

 

 

 

1

Diarmid D Andrews

85 Kings Street

Video Games

 

(g) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

 

 

 

 

1

Anthony Bennison

 

2

Philip A Blady

 

3

John Ross Craig

 

4

John Charles Cuthill

 

5

William Douglas

 

6

Robert W Gilchrist

 

7

John Henry

 

8

Terence R Higgins

 

9

Graham M Malcolm

 

10

Sean Murphy

 

11

Nicola Schweikert

 

12

Paul Antony Schweikert

 

13

Robert S Shirkey

 

14

John R Sproull

 

15

Bryan J Thompson

 

16

Garry T Urquhart

 

17

Joseph M Gormanly

 

18

William Martin

 

19

Brian McAllister

 

20

Peter R Mullady

 

21

Deborah Sim

 

22

Malcolm I Stewart

 

23

Gordon B Wilson

 

 

In the case of Application Nos 1 - 16, there being no objections, the Committee agreed that the applications be granted.

 

In the case of Application Nos 17, 18, 20 and 22, 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 Nos 19, 21 and 23, the Committee noted that these applications had been withdrawn from consideration by the applicants.

 

(h) LICENSING OF SKIN PIERCING AND TATTOOING

 

There was submitted Report No 167-2006 by the Depute Chief Executive (Support Services) advising members of the introduction of the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 which would come in to force on 1st April 2006.

 

The Committee agreed:-

 

(i) to the conditions outlined in the report, copy of which is attached to this minute as Appendix II; and

 

(ii) that the fee for a licence be fixed at 105 per annum.

(I) REQUEST FOR VARIATION - TAXI LICENCE

 

There was submitted a letter by Mr L Fraser, Operator 1117 requesting a variation to his licence.

 

The Committee, after having heard the observations of the Planning and Vehicle Officer and a representative of Tayside Police and the applicant on their own behalf, agreed that the request be refused.

(j) WINDOW CLEANER'S LICENCE - NEW APPLICATION

 

There were submitted the undernoted applications:-

 

No

Name

 

 

 

 

1

Lee Tait

 

2

Kevin Brown

 

 

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 noted that the applicant was not present and agreed that the application be considered in their absence and thereafter having given consideration to the letter submitted by Tayside Police and having heard the observations of a representative of Tayside Police agreed that the application be refused.

 

The Committee also agreed that the Clerk write to the employer of Applicant No 2 reminding them of the need to ensure that employees of the company are properly licensed by the Council for the purpose of their remit.

 

III PET ANIMALS ACT 1951

 

(a) PET ANIMALS LICENCE - NEW APPLICATION

 

There was submitted the undernoted application:-

 

No

Name

Address

 

 

 

1

Gordon Draper

No 2 Ballumbie Farm Cottage, Ballumbie Farm

 

In the case of this application, the Committee, after having given consideration to the objection submitted by the Environmental Health and Trading Standards Department and having heard the observations of the representative of the Environmental Health Department and the applicant on their own behalf agreed that the application be refused and that it be remitted to Officers to forward documents relevant to this application to the appropriate authorities for their attention including the SSPCA, Tayside Police and the Veterinary Service employed by the applicant.

 

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.

 

IV CIVIC GOVERNMENT SCOTLAND ACT 1982

 

(a) WINDOW CLEANER'S LICENCE - RENEWAL

 

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

 

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application.

Thereafter, having heard the observations of a representative of Tayside Police and an agent on behalf of the applicant, Bailie Mackie, seconded by Councillor Sawers moved that the application be renewed for a period of one year subject to conditions.

 

As an amendment, Councillor Morrow seconded by Bailie Corrigan moved that the application be refused.

 

On a division there voted for the motion - the Convener, Councillor Sawers and Councillor Webster (3), and for the amendment - the Lord Provost, Councillor Morrow, Bailie Corrigan, Bailie Powrie and Councillor Wallace (5) - whereupon the amendment was declared carried and the application was refused. Councillor Sturrock being absent when the vote was taken.

 

(b) REQUEST FOR VARIATION - TAXI LICENCE

 

There was submitted a request by Mr J R for variation of the conditions of his Taxi Licence.

 

The Committee were advised by the Clerk that the applicant was not present and having given consideration to the content of the letter agreed that the application be granted until the end of May 2006.

 

 

 

 

BRUCE D MACKIE, Convener.