Licensing Committee - 03/11/2005

At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd November, 2005

Present:-

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 18th October, 2005, was held as read.

Unless marked thus * all items stand delegated.

I MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

There were submitted minutes of meetings of the Licensing Sub-Committee held on 21st September, 22nd September and 17th October, 2005 for noting and information purposes, copies of which are attached to this minute as Appendices I, II and III.

II TAXI LIAISON GROUP - 24TH OCTOBER, 2005

(i) MINUTE OF MEETING OF 24TH OCTOBER, 2005

There was submitted and approved the minute of meeting of the Taxi Liaison Group held on 24th October, 2005, a copy of which is attached to this minute as Appendix IV.

(ii) REVIEW OF TAXI FARES

With reference to Article II of the minute of meeting of the Taxi Liaison Group of 24th October, 2005 there was submitted Report No 619-2005 by the Director of Planning and Transportation on the review of taxi fares following the failure of the taxi trade to agree unanimously on the new fare structure proposed and negotiated with the Council previously with a representative of the taxi trade.

On a reference to Article II of the minute of meeting of the Taxi Liaison Group of 24th October, 2005 wherein it was noted that taxi trade representatives had indicated that an increase of 20p on initial charge, a rate of 1.10 per mile for every mile in excess of the first and an increase in the anti-social hours rate from 60p to 80p between 10.00 pm and 6.00 pm Friday to Sunday evenings would be acceptable to their members, there was submitted a table prepared by the Head of Transportation showing their proposals as percentage increases, a copy of which are attached to this minute as Appendix V.

The Convener offered the opportunity to any representatives of the taxi trade present within the Chamber or anyone else who had an interest in the report to make representation to the Committee. Thereafter, having noted that of those persons present, no one wished to address the Committee it was agreed that the proposals contained in Paragraph 6.5 of the Report be agreed.

III LOTTERIES AND AMUSEMENTS ACT 1976

(a) APPLICATIONS FOR PERMITS FOR AMUSEMENTS WITH PRIZES - NEW APPLICATION

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

IV CIVIC GOVERNMENT (SCOTLAND) ACT

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 - 9, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 10, the Committee gave consideration to a letter of objection which had been received from a member of the public and after hearing the comments of the Housing Officer, a representative on behalf of the applicant and consideration of the advice of a legal officer, the Convener, seconded by Councillor Sturrock moved that the application be granted.

As an amendment, the Lord Provost, seconded by Councillor Webster moved that the application be refused.

On a division there voted for the motion - the Convener, Councillor Sturrock, Councillor Dick, Councillor Sawers, Bailie Corrigan and Councillor Wallace (6); and for the amendment, the Lord Provost and Councillor Webster (2) - whereupon the motion was declared carried and the application was granted. Bailie Powrie being absent during consideration of this item of business.

In the case of Application Nos 11 - 25, the Committee agreed the consideration of these items be deferred to a future meeting of the Committee.

(c) PRIVATE HIRE LICENCE - NEW APPLICATION

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

(d) PUBLIC ENTERTAINMENT LICENCE - RENEWAL

There was submitted the undernoted application:-

Councillor Sturrock declared a non financial interest in this application by virtue of the fact her employer had an office within the premises.

Councillor Webster declared a non financial interest in this application by virtue of the fact that the applicant was known to him in a personal capacity.

In the case of this application, the Committee, after having given consideration to a letter of objection which had been submitted by a member of the public and the comments of the Environmental Health Officer, the Planning Officer, a representative of Tayside Police and the applicant on their own behalf agreed that the application be granted subject to conditions.

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

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

(f) STREET TRADER'S LICENCES - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 1, the Committee agreed that this application be granted subject to adherence to the standard condition that the applicant should not trade in the City Centre.

In the case of Application Nos 2 and 3, there being no objections, the Committee agreed that these applications be granted.

(g) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 - 11, there being no objections, the Committee agreed that the applications be granted.

In the case of Application Nos 12 and 14, the Committee noted that these applications had been withdrawn from consideration by the applicants.

In the case of Application No 13 the Committee, after noting the applicant had failed to pass a street test within the prescribed period, agreed that the application be refused.

(h) TAXI LICENCE - NEW APPLICATIONS

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

(i) TAXI LICENCE - REQUEST FOR VARIATION

The Committee gave consideration to a letter which had been submitted by Agnes Ledingham on behalf of Sir Normal Limousines requested a variation to the vehicle to attach ground lighting to the underside of the car.

The Committee, after hearing the applicant on their own behalf and the observations of a representative of Tayside Police, agreed that the application be granted until May 2006 subject to conditions.

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 my involve the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A to the above Act.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr D O for a Taxi 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 on behalf of the application, the comments of a representative of Tayside Police and the applicant on their own behalf, Bailie Mackie seconded by the Lord Provost moved that the application be granted.

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

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

(b) TAXI DRIVER LICENCE/TAXI LICENCE - RENEWALS

(i) There was submitted an application by Mr P C for renewal of his Taxi Drivers and Taxi Operator's Licences. The Committee also had before it a remit from the Sheriff of its decision of 2nd December, 2004 to suspend the licences.

The Lord Provost declared a non financial interest in these matters by virtue of the applicant being known to him in a personal capacity and left the Chambers for the duration of this item of business.

The Committee gave consideration to a letter of objection and the original letter of complaint which had been submitted by the Chief Constable and after hearing a representative of Tayside Police, an agent on behalf of the applicant, a witness for the applicant and consideration of the advice of the legal officer and the Clerk agreed that the applications be refused. In the circumstances the Committee decided to take no action with regard to suspension of the licences.

(ii) There was submitted applications by Mr M D for renewal of his Taxi Drivers and Taxi Operator's Licences.

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to these applications. Thereafter, having heard a representative of Tayside Police and an agent on behalf of the applicant, the Committee agreed that both applications be refused.

(iii) There was submitted applications by Mr G F for renewal of his Taxi Drivers and Taxi Operator's Licences.

The Committee, after hearing a representative of Tayside Police and the applicant on their own behalf agreed that the application be granted.

(c) TAXI LICENCE - RENEWALS

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

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application. Thereafter, the Committee having heard the advice of a legal officer and the Clerk, agreed that the application be refused.

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

The Committee, after hearing a representative of Tayside Police and the applicant on their own behalf agreed that the application be granted.

(d) TAXI LICENCE - SUSPENSION HEARING

There was submitted a letter of information by the Chief Constable relative to the conduct of Mr R N during the currency of his Taxi Operator's Licence.

The Committee, after having heard a representative of Tayside Police and a representative of the applicant, agreed that no further action be taken.

(e) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

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

The Committee, after noting that the applicant was not present, agreed that the application be considered in their absence and after consideration of a letter of representation which had been submitted by the Chief Constable relative to this application and the advice of a legal officer and the Clerk agreed that the application be refused.

BRUCE D MACKIE, Convener.