Licensing Committee - 29/09/2005

At a MEETING of the LICENSING COMMITTEE held at Dundee on 29th September, 2005.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 1st September, 2005 was held as read.

Unless marked thus * all items stand delegated.

I CIVIC GOVERNMENT (SCOTLAND) ACT

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application numbers 1 to 14, there being no objections, the Committee agreed that the applications be granted.

In the case of application number 15, the Committee, after being advised that the applicant was not present, they agreed to the application being considered in their absence, and after giving consideration to an objection which had been received from the Private Sector Grants Unit, agreed that the application be refused.

In the case of applications numbers 16 - 40, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

The Committee further agreed at the suggestion of Councillor Grant that an approach be made to the Scottish Executive seeking to amend the Civic Government (Scotland) Act 1982 to make it a pre-requisite when applying for a licence for the use of premises that all necessary planning consents are obtained beforehand, thus bringing the legislation into line with the Licensing (Scotland) Act 1976 which already contains such a requirement for liquor licensed premises.

Accordingly, the Committee agreed to write to the Executive in the names of the Conevners of the Licensing and Planning and Transportation Committees to this effect.

(b) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

There being no objections, the Committee agreed that the undernoted application be granted until 31st October 2005:-

(c) METAL DEALER EXEMPTION WARRANTS NEW APPLICATIONS

There being no objections, the Committee agreed that the undernoted applications be granted and that future applications of this nature would be subject to consultation with the Scottish Environmental Protection Agency.

(d) PRIVATE HIRE LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In case of application number 1, the Committee after noting that the applicant had failed to attend for interviewing, agreed that the application be refused.

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

(e) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of applications 1 and 2, the Lord Provost declared a financial interest in these applications as proceeds from the carnivals would be contributed to the Lord Provost Charity Fund.

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

(f) PUBLIC PROCESSION NEW APPLICATION

It was reported that a notification of a Public Procession on Sunday 6th November 2005 had been received from Alan Mitchell on behalf of The Apprentice Boys of Derry commencing at 2pm. There being no objections, the Committee agreed to the procession.

(g) SECOND-HAND DEALERS NEW APPLICATIONS

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

(h) STREET TRADER - NEW APPLICATIONS

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

(i) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application numbers 1 - 6, there being no objections, the Committee agreed that the applications be granted.

In the case of application numbers 7, 9 and 11, the Committee noted that the applicants had failed to pass a street test within the prescribed period, and agreed that they be refused.

In the case of application numbers 8 and 10, the Committee noted that these applications had been withdrawn from consideration by the applicants.

(j) TAXI LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

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

In the case of application number 3, the Committee noted that this application had been withdrawn from consideration by the applicant.

(k) TAXI LICENCE REQUEST FOR VARIATION

There was submitted a letter from Mr W Dryden requesting a variation to the windscreen and window tint requirements together with letter from the supplier of the vehicle regarding delivery.

The Committee gave consideration to the request and thereafter agreed that it be refused.

(k) WINDOW CLEANERS - NEW APPLICATIONS

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

(l) SECOND HAND DEALERS - REQUEST FOR VARIATION

There were submitted the undernoted applications:-

In the case of applications 1 - 3, the Committee noted that the applicants had requested exemption from conditions requiring goods to be retained for 48 hours and the need to keep a bound book and having been advised that there was no one present on behalf of the applicants, agreed that the matters be considered in their absence. Thereafter, it was agreed that the applications be refused.

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 I of Schedule 7A to the above act

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SECOND HAND DEALER'S LICENCE - RENEWAL

There was submitted an application by Mr A R for renewal of his second hand dealer's licence.

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

(b) TAXI DRIVER'S LICENCE - NEW APPLICATION

(i) There was submitted an application by Mr D G 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.

Thereafter, having heard a representative of Tayside Police and a representative on behalf of the applicant, the Committee agreed that the application be granted for a period of one year.

(ii) There was submitted an application by Mr J P 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.

Thereafter, having heard a representative of Tayside Police and a representative on behalf of the applicant, the Committee agreed that the application be granted and that the policy in relation to the putting in service an accessible vehicle be not applied.

(c) TAXI LICENCE - NEW APPLICATION

There was submitted an application by Mr R A for a taxi licence.

Thereafter, having given consideration to a letter of support which had been submitted by the applicant, the Committee agreed that the application be granted.

(d) WINDOW CLEANER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr P D for a window cleaner's licence.

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

BRUCE D MACKIE, Convener.