Licensing Committee - 03/03/2005

At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd March 2005.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

The minute of meeting of this Committee of 3rd February 2005 was held as read.

Unless marked thus * all items stand delegated.

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 5 and 7 and 8, there being no objections, the Committee agreed that these applications be granted.

In the case of Application No 6, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Application Nos 9 to 18, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) LATE HOURS CATERING LICENCES - RENEWALS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 61, there being no objections, the Committee agreed that the applications be granted until the end of October 2005.

The Committee noted that a working party had been established to examine the evening economy including late hours catering and that a report on the findings of this group would be submitted to a future meeting of the Committee for consideration.

(c) PET ANIMALS LICENCE - RENEWAL

There was submitted the undernoted application:-

In the case of this application, after hearing the observations of the Environmental Health Officer and a representative on behalf of the applicant, Bailie Mackie, seconded by the Lord Provost moved that the application be granted subject to the applicant complying with the conditions of the Environmental Health Department.

As an amendment Councillor Sawers, seconded by Councillor Fordyce moved that consideration of the application be deferred to a future meeting of the Committee.

On a division there voted for the motion Bailie Mackie, Lord Provost John R Letford, Councillor Sturrock, Councillor Dick, Bailie Powrie and Councillor Webster (6); and for the amendment Councillor Sawers and Councillor A Dawson (2), whereupon the motion was declared carried and the application was granted subject to conditions.

(d) PRIVATE HIRE DRIVERS LICENCE - NEW APPLICATION

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

(e) PRIVATE HIRE LICENCE - NEW APPLICATION

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

(f) PUBLIC ENTERTAINMENT LICENCE

There were submitted the undernoted applications:-

In the case of Application 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, after hearing the applicant on their own behalf, agreed that the application be granted subject to the applicant meeting the conditions of Tayside Police.

In the case of Application No 6, the Convener agreed that this application be considered as a matter of urgency in terms of Standing Order No 17(b) and in view of the timescales and the Committee after hearing the applicant on their own behalf, agreed that the application be granted subject to the applicant meeting the conditions of Tayside Police.

(g) SECOND HAND DEALER'S LICENCE - NEW APPLICATION

There was submitted the undernoted application:-

In the case of this application, the Committee after noting that the address of the premises would be 22 Dura Street and the purpose of the application was to trade in new and used cars and after noting that there were no objections, agreed that the application be granted.

(h) STREET TRADER'S LICENCE - NEW APPLICATION

There was submitted the undernoted application:-

In the case of this application, after hearing the applicant on their own behalf and the observations of the Environmental Health Officer and after noting that the purpose of the application was to trade in hot and cold foods and that the proposed trading location would be the Technology Park, Councillor Sturrock, seconded by Bailie Mackie moved that the application be granted.

As an amendment the Lord Provost, seconded by Bailie Powrie moved that consideration of the application be deferred to a future meeting.

On a division there voted for the motion Bailie Mackie, Councillor Sturrock, Councillor Dick, Councillor Sawers, Councillor A Dawson and Councillor Fordyce (6); and for the amendment Lord Provost John R Letford, Bailie Powrie and Councillor Webster (3), whereupon the motion was declared carried and the application was granted.

(i) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 12, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 15, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Application Nos 13, 14 and 16, the Committee after being advised that the applicants were not present agreed that the applications be considered in their absence and 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 being no objections, the Committee agreed that the undernoted applications be granted:-

Following consideration of the above applications, the Convener advised the Committee of his concerns in relation to a complaint that had been made known to him concerning the lack of assistance that had allegedly been offered by a licence holder operating a wheelchair accessible vehicle for a member of the public who had required transport in the form of an accessible taxi. The Convener wished it to be known that non assistance by any licence holder to any passenger requiring assistance may lead to suspension of their licence. The Committee then heard the Clerk about training which would be provided by the Planning and Transportation Department for any drivers of taxis. The Committee also heard a representative of the Dundee Taxi Association who expressed concern about the non assistance of any taxi driver towards any persons who may require assistance entering or exiting any vehicle being operated as a taxi.

(k) GUIDANCE NOTES FOR TAXI TESTING

There was submitted guidance notes for taxi testing. The Committee noted that the guidance notes had been the subject of discussion at a meeting of the Taxi Liaison Group and after hearing a representative of the Dundee Taxi Association and the advice of the Plant and Vehicle Officer, the Committee agreed that they be approved. A copy of the guidance notes was attached as an appendix to this minute.

(l) WINDOW CLEANER'S LICENCE - NEW APPLICATION

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

(m) APPROVED LIST OF ACCESSIBLE VEHICLES - ADDITIONS TO LIST

It was reported that the Peugeot E7 SE manufactured by Cabs Direct and the TW200 manufactured by Patons, had been assessed by the Plant and Vehicle Officer and the Cabs Enforcement Officer and that having received appropriate certification they had recommended that the vehicles be added to the list of accessible vehicles.

The Committee agreed that the vehicles listed above be included in the list of accessible vehicles.

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

(i) There was submitted an application by Mr A R for a Second Hand Dealer's Licence.

The Committee noted that this application had been remitted back to the Committee for consideration by the Sheriff and after consideration of the letter of representation which had been submitted by the Chief Constable in relation to this application and after 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.

(ii) There was submitted an application by Mr P V for a Second Hand Dealer's Licence.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application and after having heard a representative of Tayside Police and the applicant on their own behalf, the Committee agreed that the application be granted.

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

There was submitted an application by Mr K M 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 and after hearing a representative of Tayside Police and the applicant on their own behalf, the Committee agreed that the application be granted.

(c) PRIVATE HIRE CAR LICENCE - NEW APPLICATION

There was submitted an application by company B for a Private Hire Car Licence.

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application and after having heard a representative of Tayside Police and an agent on behalf of the applicants, Bailie Mackie, seconded by Councillor Webster moved that the application be refused.

As an amendment Councillor Sturrock, seconded by Bailie Powrie moved that the application be granted subject to assurances that the applicant would not be driving the vehicle at any time.

On a division there voted for the motion Bailie Mackie, Lord Provost John R Letford, Councillor Dick, Councillor Sawers, Councillor A Dawson, Councillor Fordyce and Councillor Webster (7); and for the amendment Councillor Sturrock and Bailie Powrie (2), whereupon the motion was declared carried and the application was refused.

BRUCE D MACKIE, Convener