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.