Licensing Committee - 07/09/2006

At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th September, 2006.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie Bruce D MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 28th June, 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 28th June, 2006 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

II TAXI LIAISON GROUP - MEMBERSHIP

There were submitted two letters of request seeking membership of the Taxi Liaison Group.

In relation to the letter received from Erik Thoresen on behalf of the Dundee Taxi Group the Committee, after hearing the Clerk, agreed that consideration of this request be deferred to a future meeting as the constitution for the group had still to be finalised.

In relation to the letter of request received from Ewan Reid seeking membership as a representative of the licensed operators of limousines, the Committee, after having heard the Clerk, agreed that he be appointed as an associate member of the Taxi Liaison Group and that his attendance be requested as and when items in relation to limousines were to be considered.

III CABS ENFORCEMENT OFFICE

It was reported that following discussions with the trade, it had been recommended that a second Cabs Enforcement Officer be appointed. Tayside Police had confirmed that this would cost an additional 36,000 per annum which would include provision for a vehicle and IT costs.

These costs would have to be recovered from licence holders and in this regard, it was recommended that the fee for a taxi licence and taxi driver's licence be increased by 25 and 50 respectively.

The Committee agreed that the costs of licence be adjusted as indicated.

IV CINEMAS ACT 1985

CINEMA LICENCE - RENEWAL

There was submitted the undernoted application:-

The Committee agreed that consideration of this application be deferred to a future meeting.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) AMUSEMENTS WITH PRIZES - NEW APPLICATIONS

Councillor Wallace declared a non financial interest in relation to this application by virtue of a member of his family being an employee within the organisation.

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

(b) APPLICATION FOR GRANT OF A BOAT HIRE LICENCE

There was submitted the undernoted application:-

The Committee, after having heard the applicant on his own behalf, and after having been given assurances by the applicant that Public Liability Insurance had been provided in the sum of 3,000,000 for each vessel which may be operated by the applicant, agreed that the application be granted subject to a satisfactory inspection of the vessels.

(c) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There was submitted the undernoted applications:-

(i) In relation to application numbers 1, 9 and 10, the Committee, after having heard an agent on behalf of the applicant and the advice of the Clerk, agreed that the application be granted.

(ii) In the case of application numbers 2, 3 and 4, the Committee, after having heard a representative on behalf of the applicants and the advice of the Clerk, agreed that the applications be granted.

(iii) In the case of application number 7, the Committee, after having heard an agent on behalf of the applicants, the observations of the Housing Officer and advice of the Clerk, agreed that the application be granted.

(iv) In the case of application numbers 5 and 8, the Committee, after having heard the applicants on their own behalf and the advice of the Clerk, agreed that the applications be granted.

(v) In the case of application number 6, after having heard a representative on behalf of the applicants and the advice of the Clerk, the Lord Provost, seconded Councillor Webster moved that the application be refused.

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

On a division, there voted for the motion - the Lord Provost, Bailie Corrigan, Councillor Fordyce and Councillor Webster (4); and for the amendment - Bailie Mackie, Councillor Shimi and Councillor Wallace (3) - whereupon the motion was declared carried and the application was refused.

(vi) In the case of application numbers 11, 12 and 13, after having heard the observations of the Housing Officer and the advice of the Clerk, there followed a verbal submission by the agent on behalf of the applicant. The meeting then adjourned to enable legal advice to be given to the Committee in regard to the submission.

When the meeting reconvened, the Committee unanimously agreed that the applications be deferred to a future meeting of the Committee.

(vii) In the case of application number 14, the Committee, after having heard the applicant on their own behalf and observations of the Housing Officer, agreed that the application be granted.

(viii) In the case of application numbers 15 and 16, the agent for the applicants indicated that he would be making a similar submission to that made by him in relation to application numbers 11, 12 and 13. In light of this, the Committee also unanimously agreed that these applications be deferred to a future meeting of the Committee.

(ix) In the case of application number 17, the Committee noted that the objector was not present and after having given consideration to a letter of objection which had been submitted and a letter of support which had been submitted on behalf of the applicant and after hearing an agent for the applicant, observations of the Housing Officer and consideration of advice of the Clerk, agreed that the application be granted.

(x) In the case of application number 18, the Committee noted that there was no-one present on behalf of the objectors and after having heard the observations of the Housing Officer, the agent on behalf of the applicants, the advice of the Legal Officer and having given consideration to letters of objection which had been submitted by members of the public, Bailie Mackie, seconded by Councillor Wallace, moved that the application be granted.

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

On a division, there voted for the motion the Convener - Councillor Fordyce, Councillor Wallace and Councillor Webster (4); and for the amendment - the Lord Provost, Councillor Shimi and Bailie Corrigan (3) whereupon the motion was declared carried and the application was granted.

In relation to application numbers 20 to 52, the Committee agreed that consideration of these applications be deferred to a future meeting.

(xi) In the case of application number 19, the Committee unanimously agreed to defer the application to a future meeting of the Committee.

(d) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATION

It was reported that a request for variation had been received for 95 (2/R) Peddie Street to increase the number of bed spaces from 4 to 5. There being no objections, the Committee agreed that the request be granted.

(e) INDOOR SPORTS LICENCE - RENEWAL

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

(f) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

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

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

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

(h) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(i) PUBLIC ENTERTAINMENT - RENEWALS

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

(j) PUBLIC PROCESSION

It was reported that a notification had been received from the Apprentice Boys of Derry, City of Dundee Campside Club of a procession on Sunday, 5th November, 2006 at 2pm.

The route would be Mains Loan, Clepington Road, Forfar Road, Albert Street, Princes Street, Murraygate, Panmure Street, Albert Square, Reform Street, High Street to Mecca Bingo, reverse to High Street and City Square.

The Committee, after hearing a representative of the organisation and a representative of the Chief Constable, agreed that the procession proceed subject to it taking place at 11.00am on that date.

(k) SECOND-HAND DEALER'S LICENCES - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application numbers 1, 2 and 4 to 8, there being no objections, the Committee agreed the applications be granted.

In the case of application numbers 3 and 9, the Committee agreed that consideration of these applications be deferred to the future meeting.

(l) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application numbers 1 to 16, there being no objections, the Committee agreed the applications being granted.

In the case of application number 17, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of application numbers 18 and 19, the Committee, after noting that the applicants had failed to pass a street test within the prescribed period, agreed that the applications be refused.

(m) TAXI LICENCE - NEW APPLICATIONS

There were submitted undernoted applications:-

In the case of application numbers 1 and 2, there being no objections, the Committee agreed that the application be granted.

In the case of application number 3, the Committee, after having heard the applicant on their own behalf, agreed that the application be granted subject to the applicant adhering to the Policy in relation to the placing in service of a wheelchair accessible vehicle and participating in the Taxi Card Scheme.

(n) WINDOW CLEANER'S - NEW APPLICATIONS

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

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW LICENSES

There were six applications submitted by Mr L C for Houses in Multiple Occupation licences.

The Committee, after having heard an agent on behalf of the applicant and consideration of the advice of the legal officer, agreed that consideration of all six applications be deferred to a future meeting of the Committee.

(b) PUBLIC ENTERTAINMENT - RENEWAL

Councillor Shimi declared a non financial interest in relation to this application by virtue of the applicant being known to her in a personal capacity and withdrew from the Chamber during its consideration.

There was submitted an application by Miss A A for renewal of a Public Entertainment Licence.

The Committee, after noting that the objection which had been submitted by the Chief Constable had been withdrawn, agreed that the application be granted.

Councillor Shimi re-entered the Chamber prior to consideration of the undernoted applications.

(c) LATE HOURS' CATERING - NEW APPLICATION

There was submitted an application by Mr N Z for a Late Hours' Catering application.

The Committee agreed that consideration of this application be deferred to a future meeting of the Committee as requested by the agent for the applicant.

(d) PRIVATE HIRE CAR DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr R B for a Private Hire Car Driver's Licence.

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

Thereafter, having heard a representative of Tayside Police and the applicant on their own behalf, Bailie Mackie, seconded by Councillor Webster, moved that the application be granted for a period of one year.

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

On a division, there voted for the motion - the Convener, Councillor Shimi, Councillor Wallace and Councillor Webster (4); and for the amendment - the Lord Provost, Bailie Corrigan and Councillor Fordyce (3), whereupon the motion was declared carried and the application was granted for a period of one year.

(e) PRIVATE HIRE CAR LICENCE - NEW APPLICATION

There was submitted an application by Mr E H for a Private Hire Car Licence. The Committee gave consideration to a letter of objection which had been submitted by the Head of Transportation relevant to this application.

The Committee, after having heard the Planning and Transportation Officer and the licence holder on their own behalf, agreed that consideration of the application be deferred to a future meeting to allow relevant parties to view appropriate paperwork in relation to this matter.

(f) TAXI DRIVER'S LICENCE - NEW APPLICATION

(i) There was submitted an application by Mr B C 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.

The Committee, after having heard a representative on behalf of the applicant and a representative of Tayside Police and consideration of the advice of the Legal Officer and after consideration of letters of support which had been submitted on behalf of the applicant, agreed to the application being granted for a period of one year.

(ii) There was submitted an application by Mr D P for a Taxi Driver's Licence.

The Committee gave consideration to letter of representation which had been submitted by the Chief Constable relative to this application. After hearing an agent on behalf of the applicant and a representative of Tayside Police, the Convener, seconded by Councillor Shimi, moved that the application be granted for a period of one year.

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

On a division, there voted for the motion - the Convener, Lord Provost Letford, Councillor Shimi and Councillor Webster (4); and for the amendment - Bailie Corrigan, Councillor Fordyce and Councillor Wallace (3), whereupon the motion was carried and the application was granted for a period of one year.

(g) TAXI LICENCE - NEW APPLICATION

(i) There was submitted an application by Mr J C for a Taxi Licence.

In the case of this application, the Committee, after having heard the applicant on their own behalf, agreed that the application be granted subject to the applicant adhering to the policy in relation to the placing in service of a wheelchair accessible vehicle and participating in the Taxi Card Scheme.

(ii) There was submitted an application by Mr A McN for a Taxi Licence.

In the case of this application, the Committee, after having heard the applicant on their own behalf, agreed that the application be granted subject to the applicant adhering to the policy in relation to the placing in service of a wheelchair accessible vehicle and participating in the Taxi Card Scheme.

(iii) There was submitted an application by Mr J B for a Taxi Licence.

In the case of this application, the Committee, after having heard the applicant on their own behalf, agreed that the application be granted subject to the applicant adhering to the policy in relation to the placing in service of a wheelchair accessible vehicle and participating in the Taxi Card Scheme.

(iv) There was submitted an application by Mr J P for a Taxi Licence.

In the case of this application, the Committee after having heard the applicant on their own behalf, agreed that the application be granted subject to the applicant adhering to the policy in relation to the placing in service of a wheelchair accessible vehicle and participating in the Taxi Card Scheme.

(h) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) There was submitted a letter of information by the Head of Transportation relative to the conduct of Mr E H during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the letter of information which had been submitted by the Head of Transportation and after hearing the licence holder on their own behalf and consideration of the advice of the Legal Officer, agreed that consideration of the matter be deferred to a future meeting.

(ii) There was submitted a letter of information by the Head of Transportation relevant to the conduct of Mr S McI during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the letter of information which had been submitted by the Head of Transportation and after hearing the licence holder on their own behalf and consideration of the advice of the Legal Officer, agreed that consideration of the matter be deferred to a future meeting.

(iii) There was submitted a letter of information by the Head of Transportation relative to the conduct of Mr I S during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the letter of information which had been submitted by the Head of Transportation and after hearing the licence holder on their own behalf and consideration of the advice of the Legal Officer, agreed that consideration of the matter be deferred to a future meeting.

(i) PRIVATE HIRE OPERATOR LICENCE - SUSPENSION HEARING

There was submitted a letter of information by the Plant and Vehicle Officer relative to the conduct of Mr W O H during the currency of his Private Hire Operator Licence.

The Committee gave consideration to the content of the letter and after having heard the observations of the Plant and Vehicle Officer, an agent on behalf of the applicant and consideration of letters of support which had been submitted on behalf of the licence holder, agreed that no further action be taken and that a warning be issued to the licence holder.

Bruce D MACKIE, Convener.