At a MEETING of the LICENSING COMMITTEE held at Dundee on 28th June, 2006.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie MACKIE, in the Chair.

The minute of meeting of this Committee of 1st June, 2006 was held as read.

Unless marked thus * all items stand delegated.

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) GAME DEALER - NEW APPLICATIONS

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

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

The undernoted applications have been received:-

(i) In the case of Application Nos 1, 10, 12 and 13, the Committee, after having heard the observations of the Housing Officer, the advice of the Clerk and an agent on behalf of the applicants, agreed that the applications be granted.

(ii) In the case of Application Nos 2 and 6, the Committee, after having heard the observations of the Housing Officer, the advice of the Clerk and the applicants on their own behalf, agreed that the applications be granted.

(iii) In the case of Application Nos 4 and 5, the Committee, after having heard from a Housing Officer on behalf of the applicants and the advice of the Clerk, agreed that the applications be granted.

(iv) In the case of Application No 7, after having heard the observations of the Housing Officer, the advice of the Clerk and an agent on behalf of the applicants, the Convener, seconded by Councillor Wallace, 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 - the Convener, Councillor Shimi, Councillor Dick, Bailie Corrigan, Councillor Barrie, Councillor Wallace and Councillor Webster (7); and for the amendment - the Lord Provost and Bailie Powrie (2) - whereupon the motion was declared carried and the application was granted.

(v) In the case of Application No 8, after having heard the observations of the Housing Officer, the advice of the Clerk and an agent on behalf of the applicants, the Convener, seconded by Councillor Shimi, moved that the application be granted.

As an amendment, the Lord Provost, seconded by Bailie Powrie, moved that the application be refused.

On a division, there voted for the motion - the Convener, Councillor Shimi, Councillor Dick, Councillor Barrie, Councillor Wallace and Councillor Webster (6); and for the amendment - the Lord Provost, Bailie Corrigan and Bailie Powrie (3) - whereupon the motion was declared carried and the application was granted.

(vi) In the case of Application No 9, after having heard the observations of the Housing Officer, the advice of the Clerk and an agent on behalf of the applicants, Bailie Corrigan, seconded by the Lord Provost, moved that the application be refused.

As an amendment, the Convener, seconded by Councillor Wallace, moved that the application be granted for a period of four months.

On a division, there voted for the motion - the Lord Provost, Councillor Dick, Bailie Corrigan and Bailie Powrie (4); and for the amendment - the Convener, Councillor Shimi, Councillor Barrie, Councillor Wallace and Councillor Webster (5) - whereupon the amendment was declared carried and the application was granted for a period of four months.

(vii) In the case of Application No 11, after having heard the observations of the Housing Officer, the advice of the Clerk and the applicant on their own behalf, the Convener, seconded by Councillor Webster, moved that the application be granted.

As an amendment, the Lord Provost, seconded by Bailie Powrie, moved that the application be refused.

On a division, there voted for the motion - the Convener, Councillor Shimi, Councillor Dick, Bailie Corrigan, Councillor Barrie, Councillor Wallace and Councillor Webster (7); and for the amendment - the Lord Provost and Bailie Powrie (2) - whereupon the motion was declared carried and the application was granted.

(viii) Councillor Webster declared a non-financial interest in the undernoted application by virtue of the applicant being known to him in a personal capacity.

In the case of Application No 14, the Committee, after having heard the observations of the Housing Officer, the advice of the Clerk and an agent on behalf of the applicant, agreed that the application be granted.

(ix) In the case of Application No 15, the Committee, after having given consideration to a letter of objection which had been submitted by a member of the public and having heard the objector on their own behalf and consideration of observations by the Housing Officer, the advice of the Clerk and having heard an agent on behalf of the applicant, agreed that the application be refused.

(x) In the case of Application Nos 16 and 17, the Committee, after having given consideration to the letters of objection which had been submitted by members of the public, the observations of the Housing Officer, the advice of the Clerk and having heard the applicants on their own behalf, agreed that the applications be refused.

(xi) In the case of Application Nos 18 to 54 the Committee agreed that consideration of these applications be deferred to a future meeting.

The Lord Provost reported on the increasing number of houses in multiple occupation in the City of Dundee and the Committee agreed that a comparison be drawn with other cities in Scotland.

(c) HOUSES IN MULTIPLE OCCUPATION - RENEWALS

In the case of Application Nos 1 and 2, the Committee, after having given consideration to letters of objection which had been submitted by members of the public, the observations of the Housing Officer, the advice of the Clerk and having heard the applicant, on their own behalf, agreed that the applications be granted.

In the case of Application No 3, the Committee, having given consideration to a letter of objection which had been submitted by a member of the public, the observations of the Housing Officer, the advice of the Clerk and having heard a representative on behalf of the applicant, agreed that the application be granted.

(d) LATE HOURS CATERING LICENCES - NEW APPLICATIONS

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

(e) SPECIAL EVENT PRIVATE HIRE LICENCES

On a reference to Article I(d) of the minute of meeting of 1st June, 2006 wherein the Committee amended the conditions for Special Event Private Hire licences and agreed that the conditions for existing holders be varied. It was reported that the existing holders had been advised of the proposed variation and no objections had been received.

The Committee agreed:-

(i) to the 3 additional conditions attached as under:-

1 Persons under 16 years of age be accompanied by at least one appropriate adult.

2 All passenger seats to be fitted with seat belts conforming to European Standards (including rear and side facing seats).

3 All passengers to wear seat belts whilst being conveyed.

(ii) that current licence holders have their conditions varied.

(f) PRIVATE HIRE LICENCE - NEW APPLICATION

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

(g) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 1, the Committee, after having given consideration to the observations of the Officer from the Environmental Health Department and having heard the applicant on their own behalf, agreed that the application be granted subject to the use of new seating only.

In the case of Application No 2, the Committee, after having heard a representative of Tayside Police and the applicant on their own behalf, agreed that the application be granted subject to a minimum of 16 stewards being in service at any one time.

(h) REQUEST FOR VARIATION

There was submitted a request by Mr John Bissett for variation to the windscreen and window tint requirements of his taxi.

Thereafter, having heard a representative on behalf of the applicant and consideration of the content of the letter, Bailie Powrie, seconded by Councillor Wallace, moved that the request be granted.

As an amendment, Bailie Corrigan, seconded by the Convener, moved that the request be refused.

On a division, there voted for the motion - Councillor Barrie, Bailie Powrie and Councillor Wallace (3); and for the amendment - the Convener, Councillor Morrow, Councillor Dick, Bailie Corrigan and Councillor Webster (5) - whereupon the amendment was declared carried and the application was refused.

(i) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

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

In the case of Application Nos 5, 7 and 8, the Committee noted that these applications had been withdrawn from consideration by the applicants.

In the case of Application Nos 4 and 6, the Committee, after noting that the applicants had failed to pass the street test within the prescribed period, agreed that the applications be refused.

(j) TAXI LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 1, the Committee noted that the applicant had failed to renew his Taxi Licence at 31st May, 2006 and after hearing the applicant on his own behalf, agreed that the application be granted subject to the applicant placing in service a whole volume vehicle and participation in the Taxi Card Scheme.

In the case of Application No 2, there being no objections, the Committee agreed that the application be granted subject to the new conditions.

(k) WINDOW CLEANERS - NEW APPLICATIONS

There was submitted the undernoted application:-

In the case of this application, there being no objections and after hearing the applicant on their own behalf the Committee agreed that the application be granted.

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 this 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) REQUEST FOR VARIATION

On a reference to Article I(v)(b) of the Licensing Committee meeting held on 2nd March, 2006 wherein it was agreed that Mr R be granted the variation to his Taxi Licence conditions not to present a vehicle for testing until 31st May, 2006, there was submitted a further letter of request from Mr R seeking a further variation.

The Committee agreed that the licence holder be granted a further period of variation of six months.

(b) WINDOW CLEANER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr F D for a Window Cleaner's Licence.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application. Part of the representation referred to convictions which were considered spent in terms of the Rehabilitation of Offenders Act.

The Committee, after having heard the age and nature of the convictions, agreed that they not be considered.

Thereafter, having heard a representative of Tayside Police and an agent on behalf of the applicant, the Committee agreed that the application be granted for a period of six months.

BRUCE D MACKIE, Convener.