Licensing Committee - 04/05/2006
At a MEETING of the LICENSING COMMITTEE held at Dundee on 4th May, 2006.
Present:-
Lord Provost John R LETFORD
BAILIES
John CORRIGAN |
Bruce D MACKIE |
Neil I C POWRIE |
COUNCILLORS
Jill SHIMI |
Willie SAWERS |
Charles A WEBSTER |
Bailie MACKIE, Convener, in the Chair.
The minute of meeting of this Committee of 30th March, 2006 was held as read.
Unless marked thus * all items stand delegated.
I CIVIC GOVERNMENT (SCOTLAND) ACT, 1982
There was submitted the undernoted application:-
(a) AMUSEMENTS WITH PRIZES - NEW APPLICATION
No |
Name |
Address of Premises |
Number of Machines |
1 |
Clubdawn Limited |
Megabowl |
10 |
|
|
Methven Street |
|
In the case of this application, the Committee, after hearing an agent on behalf of the applicant, agreed that the application be granted.
(b) AMUSEMENTS WITH PRIZES - RENEWAL
There being no objections, the Committee agreed that the undernoted application be granted:-
No |
Name |
Address of Premises |
Number of Machines |
1 |
Odeon Cinemas Ltd |
Odeon Cinema |
2 |
|
|
Douglasfield |
|
(c) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
There were submitted the undernoted applications:-
No |
Name |
Address of Premises |
1 |
John Forbes |
10b Westfield Place, Dundee |
2 |
GDAS Contracts Ltd |
12a Taylors Lane, Dundee |
3 |
Iqubal Jamal |
33f Commercial Street, Dundee |
4 |
Zulekha Okhai |
10 (1/1) Victoria Road, Dundee |
5 |
Richard Sharp |
29 Callender Gardens, Dundee |
6 |
Frank E & Anna L Martin |
275 (Flat 2) Hawkhill, Dundee |
7 |
Isobel Gardner |
70 (2/2) Polepark Road, Dundee |
8 |
Helen Stewart |
3 (Top Right Flat) Rustic Place, Dundee |
9 |
Baluniefield Development Co Ltd |
Carlton House Hotel, 2 Dalgleish Road, Dundee |
10 |
Iqbal Jamal |
11 (3/1) Panmure Street, Dundee |
11 |
Marie Louise and Thomas Scoular |
25 (1/2) Morgan Street, Dundee |
12 |
Abdul Gaffar Chowdhury |
105b (3rd Floor) Nethergate, Dundee |
13 |
Haseena Gani |
295 (1/2) Hawkhill, Dundee |
14 |
Karim Samir Saykali |
2 Milnbank Gardens, Dundee |
15 |
Isaac Daniel Goldblum |
10 Milnbank Gardens, Dundee |
16 |
Rujuta Paun |
8 Milnbank Gardens, Dundee |
In the case of Application No 1, after having heard from a representative on behalf of the applicant and following consideration of the advice of the Legal Officer and the Clerk, the Lord Provost, seconded by Bailie Powrie moved that the application be refused.
As an amendment, Councillor Sawers, seconded by Bailie Mackie moved that the application be granted.
On a division, there voted for the motion - Lord Provost Letford, Bailie Powrie and Councillor Webster (3); and for the amendment - Bailie Mackie, Councillor Shimi, Councillor Sawers and Bailie Corrigan (4) - whereupon the amendment was declared carried and the application was granted.
In the case of Application No 2, the Committee, after having heard a representative on behalf of the applicant and following consideration of the advice of the Clerk, agreed that the application be granted.
In the case of Application No 3, after having heard the observations of the Housing Officer and the agent on behalf of the applicant and following consideration of the advice of the Clerk and the Legal Officer, Councillor Shimi, seconded by Bailie Corrigan moved that consideration of the application be deferred to a future meeting.
As an amendment, Bailie Powrie, seconded by the Lord Provost moved that the application not be deferred.
On a division, there voted for the motion - Councillor Shimi, Councillor Sawers and Bailie Corrigan (3); and for the amendment - Bailie Mackie, Lord Provost Letford, Bailie Powrie and Councillor Webster (4) - whereupon the amendment was declared carried and the application was submitted for consideration.
Following discussion and after hearing further from the agent for the applicant Councillor Shimi, seconded by Councillor Sawers moved that the application be granted.
As an amendment, Bailie Powrie, seconded by the Lord Provost moved that the application be refused.
On a division, there voted for the motion - Bailie Mackie, Councillor Shimi and Councillor Sawers (3); and for the amendment - Lord Provost Letford, Bailie Corrigan, Bailie Powrie and Councillor Webster (4) - whereupon the amendment was declared carried and the application was refused.
In the case of Application Nos 4, and 5, the Committee agreed that consideration of the applications be deferred to a future meeting.
In the case of Application Nos 6 and 7, the Committee having heard a representative of the Housing Department, the applicants on their own behalf and consideration of the advice of the Clerk, agreed that the applications be granted.
In the case of Application No 8, the Committee, after having heard a representative on behalf of the applicant and following consideration of the advice of the Clerk and the Legal Officer, agreed that consideration of the application be deferred to a future meeting.
In the case of Application No 9, the Committee having heard objectors on their own behalf and having given consideration to the letters of objection which had been submitted by members of the public and after being advised that the petition which had been submitted by objectors was not admissible and having heard the observations of the representatives of the Housing Department, Tayside Police, Tayside Fire and Rescue and an agent on behalf of the applicant agreed that the application be refused.
In the case of Application Nos 10 to 16, the Committee agreed that consideration of the applications be deferred to a future meeting.
(d) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATION
There being no objections, the Committee agreed that the request for variation which had been received to change the day to day manager of the premises at 52(2/1) Seafield Road to Alison Currie, be granted.
(e) LATE HOURS CATERING LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
No |
Name |
Address of Premises |
Hours of Opening |
1 |
Teyfik Cetinkaya |
Khans Takeaway 273 Brook Street Broughty Ferry |
From 11pm to 1am Sunday to Thursday, and 11pm to 2am Friday and Saturday |
2 |
Carole Scott |
The New Blue Grotto 17 Balmoral Terrace Dundee |
From 11pm to 12.30am Monday to Sunday |
3 |
Lynne McCammon |
McDonalds Restaurant 4 Drayton Drive Kingsway Leisure Park |
From 11pm to 2am Saturday 13th May and Sunday 14th May 2006. |
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 were advised that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having given consideration to the advice of the Clerk, the Committee agreed that the application be considered incompetent.
In the case of Application No 3, the Committee noted that this application had been withdrawn from consideration by the applicant.
(f) PRIVATE HIRE LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
No |
Name |
|
1 |
Anthony Knight |
|
2 |
Lindsay Mitchell |
|
3 |
My Travel/Michael Malone |
|
4 |
David Taylor |
|
5 |
Elaine Caffrey |
|
In the case of Application Nos 1, 3, 4 and 5, there being no objections, the Committee agreed that the applications be granted.
In the case of Application No 2, the Committee, after having heard the applicant on their own behalf and the observations of the representative of Tayside Police, agreed that the application be granted.
(g) PUBLIC ENTERTAINMENT - NEW APPLICATIONS
There was submitted the undernoted application:-
No |
Name |
Address of Premises |
Days and Hours of Opening |
1 |
Dundee City Council Leisure & Communities Dept |
Caird Hall City Square |
Variable depending upon bookings |
In the case of this application, there being no objections, the Committee agreed that the application be granted and that conditions in relation to the non-sale of alcohol in the auditorium area of the theatre be attached.
(h) SECOND HAND DEALER - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted:-
No |
Name |
Address |
Type of Goods |
1 |
Mark Anderson |
Dens Road Market Dundee |
Household and Electrical Goods |
2 |
Colin Gillian |
Dropping Shop 132 Victoria Road |
Various |
3 |
Winifred McGlone |
The Queens Gallery 160 Nethergate |
Furniture, Jewellery, Ceramics, Glass, Pictures and Prints |
4 |
John Simpson |
G S Motors Charleston Drive |
Motor Vehicles |
(i) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted:-
No |
Name |
|
1 |
Sajid Butt |
|
2 |
Muhammed Chughtai |
|
3 |
Thomas McAllister |
|
4 |
William McLean |
|
5 |
Rory Mitchell |
|
6 |
Steven Mooney |
|
7 |
Arthur Mulholland |
|
8 |
Paul Reid |
|
9 |
William Smith |
|
10 |
Jason Stott |
|
11 |
James Westwater |
|
(j) TAXI LICENCE
(i) New Applications
There being no objections, the Committee agreed that the undernoted applications be granted:-
No |
Name |
|
1 |
George Devlin |
|
2 |
Edward Doyle |
|
3 |
Michael Emslie |
|
4 |
Graeme Findlay |
|
5 |
John Mudie |
|
(ii) New Applications
It was reported that forty two applications for new taxi licences had been submitted and that each applicant had requested that standard Conditions 32 and 34 which relate to placing an accessible vehicle on service and joining the taxicard scheme be not applied. This would allow them to keep their existing saloon cars on service, whilst holding the licence on a corporate basis.
The Dundee Wheelchair Taxi Association (DWTA) had objected to all the applications and raised the issue of the current 3 tier system where some operators can place any approved vehicle on service, others Low Volume Type Approval and others Whole Vehicle Type Approval.
The current policy had resulted in the number of accessible taxis rising to approximately 30% of the fleet which was still 20% short of the minimum requirement recommended by SATA (The Scottish Accessible Transport Alliance) and 70% short of the expected Disability Discrimination Act requirements. The Scottish Executive indicated in their circular of 28th October, 2003 that a slightly different approach to the proposed English and Welsh regulations would be adopted in Scotland but no further information has been issued since then.
Thereafter, the Committee agreed:-
(i) that the current Policy should remain in place meantime; and
(ii) that it be remitted to the Depute Chief Executive (Support Services) to carry out a review of the Policy and submit a report to the Committee after full consultation with all stakeholders.
As regards the applications, the Committee agreed that they be considered having regard to the Policy and if the applicants demonstrated there were exceptional circumstances as to why the Policy should not be applied then conditions 32 and 34 may not be applied.
No |
Name |
Date of Application |
|
|
|
1 |
Blantyre Taxis/Colin Westwood |
1st February 2006 |
2 |
J D & M S Duncan/Margaret Duncan |
8th February 2006 |
3 |
G Bruce Taxis/George Bruce |
10th February 2006 |
4 |
Colin Glen Taxis/Colin Glen |
15th February 2006 |
5 |
R&R Taxis/Thomas Reilly |
15th February 2006 |
6 |
D&D Taxis/Douglas Martin |
16th February 2006 |
7 |
Fairmuir Taxis/James Stirling |
16th February 2006 |
8 |
Inglis Taxis/Douglas Inglis |
16th February 2006 |
9 |
Wellbank Taxis/Brian Chalmers |
16th February 2006 |
10 |
Craigie Cabs/Colin Craigie |
17th February 2006 |
11 |
Bill P's Taxis/William Perkington |
17th February 2006 |
12 |
A&F Taxis/Alan Dickson |
17th February 2006 |
13 |
S.I.N. Taxis/Samuel Welsh |
17th February 2006 |
14 |
F&A Taxis/Francis Kelly |
20th February 2006 |
15 |
M&G Taxis Ltd/George Suttie |
20th February 2006 |
16 |
M&G Taxis Ltd/Marlene Long |
20th February 2006 |
17 |
A&H Taxis/Alexander Mitchell |
21st February 2006 |
18 |
AMW Taxis/Alistair Watson |
21st February 2006 |
19 |
AWW Taxis/Alexander Whyte |
21st February 2006 |
20 |
Grays Taxis/William Gray |
21st February 2006 |
21 |
JJ Gibb Taxis/John Gibb |
21st February 2006 |
22 |
Kenney & Clark/Ronald Clark |
21st February 2006 |
23 |
Murphy's Taxis/Kevin Murphy |
21st February 2006 |
24 |
M7C Murray/Matthew Murray |
21st February 2006 |
25 |
G&S Taxis/Graeme Stephen |
22nd February 2006 |
26 |
JP & EW Johnson/Joseph Johnson |
22nd February 2006 |
27 |
D&M Ogilvy Taxis/David Ogilvy |
22nd February 2006 |
28 |
J Henderson Taxis/James Henderson |
22nd February 2006 |
29 |
M.A.C. Taxis/Ronald Addison |
22nd February 2006 |
30 |
D Hendry/Donald Hendry |
22nd February 2006 |
31 |
G Farquharson/Graham Farquharson |
22nd February 2006 |
32 |
D&P Taxis/Duncan Murphy |
22nd February 2006 |
33 |
McGouldrick Taxis/Andrew McGouldrick |
22nd February 2006 |
34 |
Longmuir Taxis 725/Peter Longmuir |
23rd February 2006 |
35 |
D&E Mulholland/David Mulholland |
23rd February 2006 |
36 |
McLaughlan & Sons/Christopher McLaughlan |
23rd February 2006 |
37 |
A&J Carlin Taxis/Anthony Carlin |
23rd February 2006 |
38 |
Carlin Taxis/Anthony Carlin |
23rd February 2006 |
39 |
P&G Taxis/William Gibson |
23rd February 2006 |
40 |
C&N Taxis/Christopher Elder |
28th February 2006 |
41 |
W&S Taxis/Wayne O'Hare |
8th March 2006 |
42 |
Costello Taxis/James Costello |
21st March 2006 |
In the case of Application Nos 1 to 6, the Committee, after having heard a representative of the objectors and the applicants on their own behalf, agreed that the applicants had not demonstrated there were exceptional circumstances as to why the Policy should not be applied and that conditions 32 and 34 be not applied and thereafter agreed that the applications be granted subject to the applicants adhering to the Policy in relation to the placing in service of a wheelchair accessible vehicle and participating in the Taxi Card Scheme.
In the case of Application Nos 7 to 42, the Committee agreed that consideration of these applications be deferred to the next meeting of the Committee.
(k) USE OF CITY SQUARE/MURRAYGATE - NEW APPLICATION
There being no objections, the Committee agreed that the undernoted application be granted:-
No |
Name |
Address |
Days and Hours of Opening |
1 |
Armed Forces Careers/ Major John Holman |
Bank Street Dundee |
29th and 30th June 2006 |
(l) WINDOW CLEANERS - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted:-
No |
Name |
|
1 |
James Harris |
|
2 |
Gordon Simpson |
|
3 |
Ian Tippet |
|
4 |
Paul Webster |
|
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.
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) SECOND HAND DEALER'S LICENCE - NEW APPLICATION
The Committee agreed that the application submitted by Mr J McK for a Second Hand Dealer's Licence be deferred to a future meeting of the Committee.
(b) TAXI DRIVER'S LICENCE - NEW APPLICATION
There was submitted an application by Mr S D for a Taxi Driver's Licence.
The Committee gave consideration to the letter of representation which had been submitted by the Chief Constable relative to this application. Thereafter, having heard the observations of the representative of Tayside Police and the applicant on their own behalf, the Committee agreed that the application be refused.
(c) TAXI OPERATOR/TAXI DRIVER'S LICENCES SUSPENSION HEARINGS
The Committee agreed that a suspension hearing in relation to the alleged conduct of Mr A C during the currency of his Taxi Operator and Taxi Driver's Licence be deferred to a future meeting of the Committee.
(d) WINDOW CLEANER'S LICENCE - NEW APPLICATION
The Committee agreed that the application which had been submitted by Mr M C for a Window Cleaner's Licence be deferred to a future meeting of the Committee.
(e) TAXI DRIVER'S LICENCE - EXEMPTION OF CONDITION
The Committee gave consideration to a letter which had been submitted by Mr S K seeking an exemption of Taxi Driver's Condition No 9(a).
The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having given consideration to the advice of the Clerk, the Committee agreed that the request be granted.
BRUCE D MACKIE, Convener.