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.