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
Bruce D MACKIE |
Neil I C POWRIE |
|
COUNCILLORS
Julia M STURROCK |
Andrew DAWSON |
Elizabeth F FORDYCE |
Helen DICK |
Willie SAWERS |
Charles A WEBSTER |
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:-
No |
Name |
Address |
|
|
|
1 |
Mr A Hutcheson |
6 Perth Road (2/1) |
2 |
Mr A Hutcheson |
6 Perth Road (1/1) |
3 |
Mr D Anderson |
12 Perth Road (2/R) |
4 |
Mr D Anderson |
12 Perth Road (2/L) |
5 |
Mr D Anderson |
12 Perth Road (1st Floor) |
6 |
Pervin Maleque |
33A Commercial Street (2/S) |
7 |
Mr J Williamson/Ms A Paul |
10 Garland Place (Top/Attic) |
8 |
Mrs K Sattar |
10 Cleghorn Street (2nd Floor) |
9 |
Mr A R Gourlay |
125 Perth Road |
10 |
Mr B A Starck |
3C Victoria Road |
11 |
Mr and Mrs N Robertson |
177 Blackness Road (2/L) |
12 |
C F Properties |
9E Pentland Crescent |
13 |
Alistair Laird |
3A Tay Square |
14 |
Jeffrey Dean |
31E Trades Lane |
15 |
Richard Grier |
66(10) Seagate |
16 |
Lois H McLeod |
70C Polepark Road |
17 |
Brian Kennedy |
51 Seafield Road (Upper Flat) |
18 |
Mark McCue |
21 Constitution Crescent |
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In the case of Application No 6, the Committee noted that this application had been withdrawn from consideration by the applicant.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:-
No |
Name |
Address of Premises |
Hours of Opening |
|
|
|
|
1 |
Naim Akhtar |
Hotshots Takeaway 78 North Lindsay Street |
From 11 pm to 3.30 am Monday to Sunday |
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2 |
Naim Akhtar |
Khans Balti House 200 Clepington Road |
From 11 pm to 12.30 am Sundays to Thursdays and 11 pm to 1 am Fridays and Saturdays |
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3 |
Hussain Al Saffar |
Malmara Takeaway 264B Hilltown |
From 11 pm to 1 am Sundays to Thursdays and 11 pm to 1.30 am Fridays and Saturdays |
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4 |
Areej Al-Khafaji |
Istanbulie 31 Union Street |
From 11 pm to 2 am Mondays to Thursdays and 11 pm to 4 am Fridays and Saturdays |
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5 |
Gassan Al-Shaibany |
Khans 273 Brook Street Broughty Ferry |
11 pm - 1 am/Sunday -Thursday 11 pm - 2 am/ Friday-Saturday |
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6 |
Asda Stores Limited |
Asda Stores Limited Milton of Craigie Road
|
24 hours Mondays to Sundays |
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7 |
Chi Wai Chan |
Minnies Take Away 8 Panmure Street |
From 11 pm to 1 am Sundays to Thursdays and 11 pm to 3 am Fridays and Saturdays |
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8 |
Patricia Chan |
The Fine Palate 204-206 Perth Road |
From 11 pm to 1 am Mondays to Sundays |
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9 |
Yuet Keung Chan |
New Palace 49 Macalpine Road |
From 11 pm to 12 midnight Sundays to Thursdays and 11 pm to 1 am Fridays and Saturdays |
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10 |
Ah Wai Chung |
Hilltown Chinese Carryout 124A Hilltown |
From 11 pm to 2 am Sundays to Thursdays 11 pm to 3.30 am Fridays and Saturdays |
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11 |
Jennifer Chung |
Dragons Pearl 30 Constitution Street |
From 11 pm to 2 am Sundays to Thursdays and 11 pm to 3 am Fridays and Saturdays |
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12 |
Alan E Clark |
Clarks Bakery Peddie Street Industrial Estate |
From 11 pm to 6 am Mondays to Sundays
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13 |
Elizabeth El-Nakla |
Corfu Kebabs 110 Seagate |
From 11 pm to 4 am Mondays to Sundays |
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14 |
Maged El-Nakla |
Cafe di Roma 70/72 North Lindsay Street |
From 11 pm to 4.30 am Mondays to Sundays |
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15 |
Maged El-Nakla |
Corfu Kebabs & Pizzas 72 North Lindsay Street |
From 11 pm to 4.30 am Mondays to Sundays |
16 |
Maged El-Nakla |
Piza de Roma 32 Seagate |
From 11 pm to 3.30 am Mondays to Sundays |
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17 |
Francesco J Esposito |
Da Vinci Pizza 142 Perth Road |
From 11 pm to 2 am Thursdays to Saturdays and 11 pm to 12 midnight Sundays to Wednesdays
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18 |
Fuelforce Limited |
Marketgait Filling Station West Marketgait |
From 11 pm to 5 am Mondays to Sundays |
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19 |
Good News Dundee Ltd |
Good News 274 Perth Road |
24 Hours, 7 days a week |
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20 |
Wan Ying Ho |
China House Take Away 1 Teviotdale Avenue |
From 11 pm to 12 am Sundays to Thursdays and 11 pm to 1 am Fridays and Saturdays |
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21 |
Lai Fong Hon |
Hons Takeaway 320 Brook Street Broughty Ferry |
From 11 pm to 11.30 pm Sundays to Thursdays and 11 pm to 12 midnight Fridays and Saturdays |
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22 |
Serajul Islam |
Shaheen 67 Perth Road |
Monday - Sunday 11 pm - 2 am |
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23 |
Teyfik Kamber |
Marmaris 82 Nethergate |
From 11 pm to 3.00 am Sundays to Tuesdays and 11 pm to 4 am Wednesdays to Saturdays |
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24 |
Alex Lee |
Golden Crown 177 High Street Lochee |
From 11 pm to 11.15 pm Sundays to Thursdays and 11 pm to 12.15 am Fridays and Saturdays |
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25 |
Tommy Lee |
Blue Lagoon 94 Fintry Road |
From 11 pm to midnight Sundays to Thursdays and 11 pm to 1.00 am Fridays and Saturdays |
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26 |
Yuk Ying Lee |
Sunsikai 112 Lochee Road |
From 11 pm to midnight Sundays to Thursdays and 11 pm to 1 am Fridays and Saturdays |
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27 |
Chun Loi Li |
Canton House Chinese Takeaway 294 Perth Road |
From 11 pm to midnight Sundays to Thursdays and 11 pm to 1 am Fridays to Saturdays |
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28 |
Pui Ken Li |
The Pearl Chinese Takeaway 258 Clepington Road |
From 11 pm to 12.30 am Sundays to Thursdays and 11.00 pm to 1.30 am on Fridays and Saturdays |
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29 |
Yuk Ping Li |
Tak-A-Wa 243 Clepington Road
|
From 11 pm to 1 am Sundays to Thursdays and from 11 pm to 1.30 am Fridays and Saturdays |
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30 |
Edward Lou |
Summer Palace 10/12 Huntly Square |
From 11 pm to midnight Sundays to Thursdays and 11 pm to 1 am Fridays and Saturdays |
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31 |
Stephen Lou |
The Happy Valley 593 Charleston Drive |
From 11 pm to 1 am Fridays and Saturdays and 11 pm to midnight Sundays to Thursdays |
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32 |
Mrs Celia Vella |
The Victor Fish Bar 182/184 Blackness Road |
From 11 pm to midnight Mondays to Sundays |
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33 |
Amanda Motaghian |
Pegasus 2 32 North Lindsay Street |
From 11 pm to 3.30 am Mondays to Tuesdays and 11 pm to 4 am Wednesdays to Sundays |
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34 |
MSG Limited |
Diamond Curry Bazaar 148 High Street Lochee |
From 11 pm to 11.15 pm Sundays to Thursdays and 11 pm to 12.15 am Fridays and Saturdays |
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35 |
New Rejent Limited |
New Regent Chinese Takeaway Unit 4 Happyhillock Shopping Centre |
From 11 pm to 11.30 pm Sundays to Thursdays and 11 pm to 12.30 am Fridays and Saturdays |
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36 |
P Smith Fabian Sebastian Nonis |
Forfar Road Service Station Forfar Road |
From 11 pm to 5 am Mondays to Sundays |
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37 |
P Smith Fabian Sebastian Nonis |
Kingsway Circle Service Station Strathmartine Road |
From 11 pm to 5 am Mondays to Sundays |
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38 |
Wai Ho Poon |
Tip Top Chinese Carry Out 25 Provost Road |
From 11 pm to 12 midnight Sundays to Thursdays and 11 pm to 1 am Fridays and Saturdays |
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39 |
Ilona Salehi |
Petra Cuisine 12 Arbroath Road |
From 11 pm to midnight Mondays to Sundays |
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40 |
Yussuf Shaikh |
Gulshan 28 Strathmartine Road |
Monday to Sunday from 11 pm to 1 am |
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41 |
Yuk Ying Shak |
Po Wah Chinese Carryout 3 Mauchline Avenue |
From 11 pm to 1 am Sundays to Thursdays and 11 pm to 1.30 am Fridays and Saturdays |
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42 |
Riaz Sheikh |
Chaand Indian Restaurant 104 Dura Street |
From 11 pm to 12 midnight Sundays to Thursdays and 11 pm to 1 am Fridays and Saturdays |
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43 |
Riaz Sheikh |
Tandoori Curryhouse 102 Dura Street |
From 11 pm to midnight Sundays to Thursdays and 11 pm to 1 am Fridays and Saturdays |
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44 |
Ming Fai Daniel Shek |
China Palace II 30 Dura Street |
From 11 pm to 1 am Sundays to Thursdays and 11 pm to 2.30 am Fridays and Saturdays |
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45 |
Yuk Mui Shek |
Golden Year 145 Pitkerro Road |
From 11 pm to midnight Sundays to Thursdays and 11 pm to 1 am Fridays and Saturdays |
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46 |
Shell UK Limited |
Shell Garage Caird Park 61 Forfar Road |
From 11 pm to 5 am Mondays to Sundays |
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47 |
Shell UK Limited |
Shell Kingsway East Kingsway |
From 11 pm to 5 am Mondays to Sundays |
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48 |
Yu Xiu Sun |
The Jade Palace 69 Macalpine Road |
From 11 pm to 1 am Mondays to Sundays |
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49 |
Kam Sang Tang |
Yummy Yummy Chinese Takeaway 26 Dryburgh Street |
From 11 pm to 12 midnight Sundays to Thursdays and 11 pm to 1.30 am Fridays and Saturdays
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50 |
Yuk Choi Tang |
New Joyful House 49/51 Dura Street |
From 11 pm - 2 am Tuesdays to Sundays |
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51 |
Tesco Stores Limited |
Tesco Petrol Filling Station Kingsway West |
Mondays to Sundays 24 hours per day |
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52 |
Tesco Stores Limited |
Tesco Kingsway West |
Mondays to Sundays 24 hours per day |
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53 |
Tesco Stores Plc |
Tescos 48/60 Murraygate and 37/41 Albert Square |
Mondays to Sundays 24 hours per day |
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54 |
Tesco Stores Plc |
Tescos Riverside Drive |
Mondays to Sundays 24 hours per day |
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55 |
Teyfik Kamber |
Istanbul Kebab 117 Nethergate |
From 11 pm to 3 am Sundays to Thursdays and 11 pm to 4 am Fridays and Saturdays |
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56 |
Cheung Wah Wong |
Golden Star Chinese Take Away 35 Caird Avenue |
From 11 pm to 1 am Mondays to Sundays |
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57 |
Cheung Woon Wong |
The Pearl of Hong Kong 162 Arbroath Road |
From 11 pm to 1 am Fridays and Saturdays |
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58 |
Tung Hoi Wong |
3 Star 29B Strathmartine Road |
From 11 pm to 1 am Sundays to Thursdays and 11 pm to 2 am Fridays and Saturdays |
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59 |
Yin King Wong |
City Star 40 City Road |
Sunday to Thursday 11 pm to 12.30 am and Friday and Saturdays 11 pm to 1.30 am |
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60 |
Nour-Eddine Zilaoui |
Casa Express 7 Panmure Street |
11 pm to 4 am Sundays and Thursdays |
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61 |
Ultra Catering Ltd |
Pizza Hut 93 Church Street |
From 11 pm to midnight Monday to Sunday |
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:-
No
|
Name |
Premises |
1 |
Pets at Home |
Unit 3, Kingsway Retail Park |
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:-
No |
Name |
|
|
1 |
Forbes Keir-Bucknall |
(e) PRIVATE HIRE LICENCE - NEW APPLICATION
There being no objections, the Committee agreed that the undernoted application be granted:-
No |
Name |
|
|
1 |
Michael Malone |
(f) PUBLIC ENTERTAINMENT LICENCE
There were submitted the undernoted applications:-
No |
Name |
Address |
Purpose |
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|
|
|
1 |
Dundee City Council |
Camperdown Park |
Easter Fun Day Sunday 27th March 2005 12 noon to 4.00 pm |
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2 |
HM Armed Forces/ John Holman |
Camperdown Park |
Military Show Sunday 5th June 2005 8.00 am to 5.00 pm |
3 |
Charles Horne |
Riverside Drive |
Funfair 21st April 2005 to 2nd May 2005 Monday to Friday 6.00 pm to 9.30 pm Saturday, Sunday and holidays 1.00 pm to 9.30 pm |
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4 |
Charles Horne |
Riverside Drive |
Funfair 29th September 2005 to 10th October 2005 Monday to Friday 6.00 pm to 9.30 pm Saturday, Sunday and holidays 1.00 pm to 9.30 pm |
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5 |
Charles Horne |
Caird Park |
Funfair 15th to 26th September 2005 Monday to Friday 6.00 pm to 9.30 pm Saturday, Sunday and holidays 1.00 pm to 9.30 pm |
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6 |
Charles Horne |
Caird Park |
Funfair 5th to 16th May 2005 Monday to Friday 6.00 pm to 9.30 pm Saturday, Sunday and holidays 1.00 pm to 9.30 pm |
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:-
No |
Name |
Address |
Purpose |
|
|
|
|
1 |
Holly Scanlan |
22 Dura Street |
New/Used Cars |
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:-
No |
Name |
Location |
|
|
|
1 |
Mandy Makepeace |
Technology Park |
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:-
No |
Name |
|
|
1 |
Ian Anderson |
2 |
Brian Barr |
3 |
Alan F Brown |
4 |
Francis Curran |
5 |
John DeJong |
6 |
Michael Emslie |
7 |
Derek Hannan |
8 |
Craig Heary |
9 |
Stella Hill |
10 |
Andrew Hutton |
11 |
James McGregor |
12 |
Colin Sturrock |
13 |
Craig Ballingall |
14 |
Mark Peel |
15 |
David Souter |
16 |
Craig Stevenson |
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:-
No |
Name |
|
|
1 |
CJA Taxis/Stephen Anderson |
2 |
Lance Fraser |
3 |
Craig Heary |
4 |
John Ramsay |
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:-
No |
Name |
|
|
1 |
Brian Williamson |
(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