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

Present:-

BAILIES

COUNCILLORS

Bailie Bruce D MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 7th September, 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 7th September 2006 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

II MINUTE OF MEETING OF TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 24th August 2006 was submitted and approved, a copy of which is attached to this minute as Appendix II.

III TAXI LIAISON GROUP - MEMBERSHIP

It was reported that the Dundee Taxi Group had requested membership of the Taxi Liaison Group. A copy of the constitution of the Group had been submitted and after hearing a representative on behalf of the organisation, the Committee agreed that membership be refused.

IV REVIEW OF TAXI FARES

There was submitted Report No 556-2006 by the Director of Planning and Transportation on the review of taxi fares.

The Committed agreed:-

(i) that the proposals for taxi fares listed under item 6(b) be approved; and

(ii) that the Clerk be remitted to implement the fares should there be no objections received.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LOTTERIES AND AMUSEMENTS ACT 1976

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

(b) CINEMAS ACT 1985

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

(c) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There was submitted and noted the undernoted applications:-

(i) In the case of Application Nos 1, 5, 8, 10, 11, 12, 13, 15, 16, 20 and 22, the Committee after hearing an agent on behalf of the applicants and consideration of the advice of the Clerk and the observations of the Housing Officer, agreed that the applications be granted.

(ii) In the case of Application Nos 2, 3, 4, 6, 9, 14, 17 and 23, the Committee after hearing an agent on behalf of the applicants and consideration of the advice of the Clerk agreed that the applications be granted.

(iii) In the case of Application No 7, the Committee after hearing the applicant on their own behalf, the advice of the Clerk, and the observations of the Housing Officer and the representative of Tayside Police, agreed that the application be refused.

(iv) In the case of Application No 18, the Committee after having heard a representative on behalf of the applicant, and consideration of the advice of the Clerk, Bailie Powrie, seconded by the Lord Provost, moved that the application be refused.

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

On a division, there voted for the motion Lord Provost Letford, Councillor Fordyce and Bailie Powrie (3); and for the amendment, Bailie Mackie, Councillor Morrow, Councillor Barrie, Councillor Wallace and Councillor Webster (5), whereupon the amendment was declared carried and the application was granted.

(v) In the case of Application Nos 19 and 36, the Committee after hearing an agent on behalf of the applicant, agreed that consideration of the application be deferred to a future meeting.

(vi) In the case of Application No 21, after having heard the applicant on their own behalf, and consideration of the advice of the Clerk and observations of the Housing Officer, Bailie Mackie, seconded by Councillor Barrie, 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 Barrie and Councillor Wallace (3); and for the amendment Lord Provost Letford, Councillor Morrow, Councillor Fordyce, Bailie Powrie and Councillor Webster (5), whereupon the amendment was declared carried and the application was refused.

(vii) In the case of Application Nos 24, 25 and 26, the Committee after having heard an agent on behalf of the applicant, and consideration of the advice of the Legal Officer and the observations of the Clerk and the Housing Officer, Bailie Mackie, seconded by Councillor Barrie, moved that the application be granted.

As an amendment, Lord Provost, seconded by Councillor Morrow, moved that the applications be refused.

On a division, there voted for the motion Bailie Mackie, Councillor Barrie, Councillor Wallace and Councillor Webster (4); and for the amendment Lord Provost Letford, Councillor Morrow, Councillor Fordyce and Bailie Powrie (4), whereupon there being a parity of votes the Convener used his casting vote in favour of the motion and it was then declared carried and the application was granted.

(viii) In the case of Application No 27, the Committee agreed that consideration of the application be deferred to a future meeting to allow the applicant to be present.

(ix) In the case of Application Nos 28 to 35, the Committee noted that these applications had been withdrawn from consideration by an agent on behalf of the applicants.

(x) In the case of Application Nos 37 and 38, the Committee after consideration of the advice of the Legal Officer agreed that the Letter of Objection which had been submitted late by a member of the public be considered. Thereafter having heard the objection on their own behalf an agent on behalf of the applicant and observations of the Housing Officer the Committee agreed that the applications be granted.

(xi) In the case of Application No 39, the Committee noted that the objectors were not present and after hearing an agent on behalf of the applicant consideration of the Letters of Objection which had been submitted by members of the public the advice of the Clerk and the observations of the Housing Officer agreed that the application be granted.

(xii) In the case of Application No 40, the Committee noted that none of the objectors were present and after hearing an agent on behalf of the applicant and observations of the Housing Officer and advice of the Clerk agreed that the application be granted.

(xiii) In the case of Application No 41, the Committee agreed consideration of this application be deferred to the private part of the agenda.

(xiv) In the case of Application Nos 42 to 63, the Committee agreed that consideration of these applications be deferred to a future meeting.

(d) HOUSES IN MULTIPLE OCCUPATION - RENEWAL

The Committee agreed that consideration of the undernoted application be deferred to the confidential part of the agenda.

(e) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATION

It was reported that a request for variation has been received for 207 Perth Road to increase the number of bed spaces from 3 to 4.

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

(f) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

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

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

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

(h) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(i) SECOND HAND DEALERS - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Applications Nos 1 to 4, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 5, the Committee noted that the objector was not present and after hearing an agent on behalf of the applicant and the observations of the representative of Tayside Police, the Committee agreed that the application be granted.

(j) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 8, there being no objections, the Committee agreed that the applications be granted.

In the case of Application Nos 9 to 12, the Committee noted the applicants had failed to pass the street test within the prescribed period and agreed that the applications be refused.

(k) TAXI LICENCE - NEW APPLICATIONS

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

(l) WINDOW CLEANERS - NEW APPLICATIONS

There being no objections, the Committee agreed that the undernoted 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 they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part 1 of Schedule 7A of the Act.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING LICENCE - RENEWAL

There was submitted an application by Mr N Z for renewal of his Late Hours Catering Licence. The Committee after having heard the Legal Officer, agreed that consideration of the application be deferred to a future meeting.

(b) TAXI LICENCE - RENEWALS

(i) There was submitted an application by Mr R D for renewal of his Taxi Licence.

The Committee after being advised that the applicant was not present, agreed that the application be considered in their absence and after giving consideration to the letter of representation which had been submitted by the Chief Constable relevant to this application and after hearing a representative of Tayside Police and consideration of advice of the Legal Officer, agreed that the application be granted.

(ii) There was submitted an application by Mr J J for renewal of his Taxi Licence.

The Committee noted that the applicant was not present and agreed that consideration of the matter be deferred to a future meeting to allow the applicant to be present.

Councillor Rod Wallace declared a non financial interest in the undernoted applications by virtue of the applicant being known to him in a personal capacity and left the Chamber during consideration.

(c) HOUSES IN MULTIPLE OCCUPATION - RENEWAL

There was submitted an application by H P Ltd for renewal of Houses in Multiple Occupation Licence for property at 7 Blackness Avenue.

The Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager relative to this application. Thereafter, there being no objections, the Committee agreed that the application be granted.

(d) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted an application by H P Limited for a Houses in Multiple Occupation Licence for property at 3 Springfield.

The Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager relative to this application. Thereafter, having heard an agent on behalf of the applicants, the observations of the Housing Officer and consideration of the advice of the Clerk, the Committee agreed that the application be granted.

Bruce D MACKIE, Convener.