Licensing Committee - 01/12/2005

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st December 2005.

 

Present:-

 

BAILIES

 

Bruce D MACKIE

 

 

 

COUNCILLORS

 

Fiona M GRANT

Helen DICK

Roderick A J WALLACE

Joe MORROW

Andrew DAWSON

Charles A WEBSTER

 

Jim BARRIE

 

 

 

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

 

Unless marked thus * all items stand delegated.

 

I MINUTE OF MEETINGS OF THE LICENSING SUB-COMMITTEE

 

The minutes of meetings of the Licensing Sub-Committee of 3rd and 7th November 2005 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

 

(a) CINEMA LICENCE - NEW APPLICATION

 

There was submitted the undernoted application:-

 

No

Name

Address of Premises

 

 

 

1

Cineworld Cinemas

Camperdown Park, Kingsway West

 

In the case of this application, the Committee, after hearing the observations of a representative from the Environmental Health Department and consideration of the advice of the Legal Officer, agreed that the application be deferred to a future meeting of the Committee for consideration to allow the applicant to be present.

 

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

 

1

Wilson M Reid

4 Bellefield Avenue (3/1)

2

Christopher Currie

34 Forest Park Place, Flat 5

3

C F Properties

23 Ladywell Avenue

4

C F Properties

271 Blackness Road, Flat 2/L

5

C F Properties

10c Loganlee Terrace

6

C F Properties

17 Rosefield Street (Top Floor)

7

C F Properties

269 Blackness Road (Flat 1/R)

8

C F Properties

269 Blackness Road (Flat 2/L)

9

Lois H McLeod

70c Polepark Road

10

Tayside Property Management

8 Castle Street (1 Up)

11

Alistair M Haxton

8 Westfield Place

 

12

Alistair M Haxton

8a Westfield Place

13

Wilson M Reid

10a Westfield Place

14

Timothy Andrew, Christopher Peter and Peter Heatherington

39 Constitution Crescent

15

C F Properties

9e Pentland Crescent

16

Georgina Morgans

50 Rosefield Street

17

Hillcrest Housing Association

1 Hillbank Road

18

Hillcrest Housing Association

41c Tullideph Road

19

Jacqueline I Maclennan

10 Watson Street

20

Simon D Cohen

275 Hawkhill (3/1 plus attic)

21

Louise A Evans & Jeffrey D Beattie

45 Commercial Street (5/2)

22

Samuel Stevenson & Iris Stevenson

1 Wellington Street

23

Sally J Cuthbertson

2 Lytton Street (2/1)

24

Esther J Irvine & Heidi J Clark

17 Larch Street

25

Paul W Marshall

31a Trades Lane

26

D & D Moncur

45 Commercial Street (4/2)

27

Michael Devlin

42 West Port (1A)

28

Michael Devlin

58 Seafield Road (Top Floor East)

29

Mairead B Solley

59 Strathmartine Road (First Floor Left)

30

David Chalmers

22 Forfar Road (Morgan Guest House)

31

Wendy Ewarts

13 Blackness Avenue (First Floor Left)

32

GDAS Contracts Ltd

3 Lawrence Street

33

Westport Ltd

10 Tay Square (First Floor Flat)

34

Westport Ltd

10 Tay Square (2nd Floor Flat)

35

Coel Na Mara Investments

8 Daniel Terrace

36

Coel Na Mara Investments

12 Daniel Place

37

Coel Na Mara Investments

14 Daniel Terrace

38

Coel Na Mara Investments

4 Daniel Terrace

39

David G Hendley

10 Daniel Place

40

Mairi C Handy

14 Union Street (Top Floor)

41

Mairi C Handy

29 Constitution Street (Second Floor)

42

Gregor W Tyler

9 McGill Street (Kemback Guest House)

43

George C Alexander

5 Milnbank Gardens

44

Mairi C Handy

3 Constitution Crescent

45

Coel Na Mara Investments

46 Rosefield Street

46

Coel Na Mara Investments

54 Rosefield Street

47

John S Reavley

20 Daniel Terrace

48

John S Reavley

18 Daniel Terrace

49

John S Reavley

16 Daniel Terrace

50

Eric D Chaloner

130 Hill Street

51

William J Grant

7 Union Terrace (Ground Floor)

52

Importa Ltd

41 Dudhope Street (Ground Floor)

53

Hantapara Property Co Ltd

3 Springfield

54

Iqubal Jamal

94 Commercial Street (First Floor Left)

55

Importa Ltd

43 Dudhope Street (Ground Floor)

56

Mohammed Shahid

69 Monifieth Road, Broughty Ferry (Stonelee Guest House)

57

Mohammed Shahid

65 Monifieth Road, Broughty Ferry (Abertay Guest House)

58

Isobel M Gardner

7a Ann Street (Third Right) Windmill Walk

 

In the case of Application Nos. 1 - 10, there being no objections, the Committee agreed that the applications be granted.

 

In the case of Application Nos. 11 and 12 the Committee, after having heard the Objector, the Applicant on their own behalf, the observations of the Housing Officer and a representative of Tayside Police and consideration of the advice of the Legal Officer agreed that the applications be granted.

In the case of Application No. 13 the Committee, after hearing the Objector, the Applicant on their own behalf, the observations of the Housing Officer and the advice of the Legal Officer and the Clerk agreed that the application be considered incompetent and that no fee be levied against the applicant for reapplication.

 

In the case of Application No. 14 the Committee noted that the objection which had been received from Mr Croall had been withdrawn. The Committee were advised that none of the objectors were present and thereafter gave consideration to the objections which had been submitted and after hearing the applicants on their own behalf and consideration of the advice of the Legal Officer the Committee agreed that the application be considered incompetent.

 

In the case of Application No. 15 the Committee noted that the objectors were not present and thereafter gave consideration to letters of objection which had been submitted and an additional letter of objection which had been tabled by the Clerk and after hearing the applicant on their own behalf agreed that the application be granted.

 

In the case of Application Nos. 16 - 58 the Committee agreed that consideration of these applications be deferred to a future meeting.

 

(c) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

Hours of Opening

 

 

 

 

1

Amer Hussain

271 Clepington Road

From 11.00 p.m. to 1.00 a.m. Mondays to Thursdays and 11.00 p.m. to 2.00 a.m. Fridays and Saturdays

 

 

 

 

2

McDonalds Restaurant/Devin Dornan

Longtown Road

From 11.00 p.m. to 2.00 a.m. Mondays to Sundays

 

 

 

 

3

Somerfield Stores

Lrf/Saghir Ahmed

Jet Petrol Filling Station, West Marketgait

Mondays to Sundays 24 hours

 

 

 

 

4

Azam Sabah AI-Agilly

25B Baluniefield Road

From 11 p.m. to 12.30 a.m. Fridays and Saturdays

 

In the case of Application Nos. 1 - 3 there being no objections, the Committee agreed that the applications be granted until January 2006.

 

In the case of Application No. 4, the Committee agreed that this application be considered in the presence of the press and public and after being advised that the applicant was not present agreed that the application be deferred to a future meeting of the Committee to allow the applicant to be present.

 

(d) PRIVATE HIRE DRIVER'S LICENCE - NEW APPLICATION

 

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

 

No

Name

 

 

1

David M Stewart

 

(e) PRIVATE HIRE LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

 

1

James Convery

2

Scott Miller

3

Colin Wyllie

4

Derek R Storrs

 

(f) STREET TRADERS - NEW APPLICATIONS

 

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

 

No

Name

Address

Type of Goods

 

 

 

 

1

Alan Mills

41 Morlich Gardens

Hot Food

 

(g) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

1

Jason Black

2

David Carmichael

3

James J MacGregor

4

Andrew McIntyre

5

Barry D Robbins

6

Mark Stanhope

7

Steven T Simpson

8

David Cox

9

Stuart Patterson

10

Graham McGinlay

 

In the case of Application Nos. 1 - 6, there being no objections, the Committee agreed the applications be granted.

 

In the case of Application No. 7, the Committee noted that this application would be submitted to a future meeting of the Committee for consideration.

 

In the case of Application Nos. 8 and 10 the Committee noted that the applicants had failed to pass the street test within the prescribed period and agreed that the applications be refused.

 

In the case of Application No. 9 the Committee noted that this application had been withdrawn from consideration by the applicant.

 

(h) TAXI LICENCE - NEW APPLICATIONS

 

Prior to consideration of this item of business, the Convener reaffirmed the requirements of licence and it was agreed that the Clerk write to all licence holders about the need to adhere to the Taxi Card Scheme.

 

There were submitted the undernoted applications:-

 

No

Name

 

1

Colin W Tait

2

May San Griffin

 

In the case of Application Nos. 1 and 2, there being no objections, the Committee agreed that the applications be granted subject to conditions.

 

(i) TAXI LICENCE - REQUESTS FOR VARIATION

 

1 Mr McDermott had requested a variation to his taxi licence as he wished to cease to be the day to day manager. There being no objections the Committee agreed that the new day to day manager be Norman Cobb, 20A Forebank Road, Dundee.

 

2 Dundee Taxi Cab Co Ltd had requested a variation to the terms of their taxi licence to further extend the period for placing vehicles on service. The Committee, noted there were no police objections and after hearing the applicant on their own behalf agreed that the request be granted.

 

(j) WINDOW CLEANERS - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

 

1

John Devenney

2

Keith Fordyce

3

James O'Neil

4

Craig Blackwood

5

Darren Knowles

 

In the case of Application Nos. 1 - 3, there being no objections, the Committee agreed the applications be granted.

 

In the case of Application No. 4 the Committee noted this application had been withdrawn from consideration by the applicant.

 

In the case of Application No. 5 the Committee noted that the applicant had failed to make contact with Tayside Police and that accordingly the police enquiries could not be concluded and thereafter agreed that the application be refused.

 

(k) SEX SHOP - NEW APPLICATION

 

No

Name

Address of Premises

 

1

Morag Wilson

51/53 Albert Street (Desire)

 

In the case of this application the Committee agreed that it be considered in the presence of the press and public. The Committee defined the relevant locality of the sex shop with the agent on behalf of the applicant. Thereafter, the Committee gave consideration to letters of objection which had been submitted by members of the public and a letter of representation which had been submitted by the Chief Constable relative to this application and heard an objector and the agent on behalf of the applicant a representative on behalf of Tayside and Police and the Clerk. The Committee also gave consideration to photographs and letters of support which had been tabled by the agent on behalf of the applicant one of the letters being withdrawn by the applicant. Thereafter, Councillor Morrow seconded by Councillor Webster moved that the application be refused and that the number of sex shops for this locality be nil.

As an amendment, Councillor Grant seconded by Councillor Barrie moved that the application be granted with conditions for a period of one year and that the number of sex shops for this locality be one.

 

On a division there voted for the motion - Councillor Morrow, Councillor Andrew Dawson, Councillor Wallace and Councillor Webster(4); and for the amendment, the Convener, Councillor Grant, Councillor Dick and Councillor Barrie(4) - whereupon there being a parity of votes, the Convener used his casting vote in favour of the motion - whereupon the motion was declared carried.

 

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) PRIVATE HIRE CAR LICENCE - NEW APPLICATIONS

 

There was submitted an application by Mr K N for a private hire car licence.

 

The Committee noted that this application had been withdrawn from consideration by the applicant and would be resubmitted to a future meeting of the Committee.

 

(b) TAXI LICENCE - REQUEST FOR VARIATION

 

There was submitted a letter by Mr J R requesting a further variation to his taxi licence conditions.

 

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter there being no objections the Committee agreed that the request be granted.

 

(c) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

(i) There was submitted an application by Mr M D J for a Taxi Driver's Licence.

 

The Committee noted that the applicant was not present and agreed that the application be considered in their absence. The Committee then gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application. Thereafter the Committee agreed that the application be refused.

 

(ii) There was submitted an application by Mr M McC for a Taxi Driver's Licence.

 

Councillor Morrow declared a non-financial interest in this application by virtue of professional conflict as he worked for the Procurator Fiscal's office in Aberdeen at the time of applicant's conviction.

 

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

 

As an amendment, Councillor Wallace seconded by Councillor Dawson moved that the application be granted for a period of six months.

 

On a division, there voted for the motion - the Convener, Councillor Dick and Councillor Webster (3); and for the amendment - Councillor Andy Dawson, Councillor Barrie and Councillor Wallace (3); whereupon there being a parity of votes, the Convener used his casting vote in favour of the motion whereupon the motion was declared carried.

 

Councillor Grant being absent during consideration of this item of business.

 

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

(i) There was submitted a letter of information by the Chief Constable relative to the alleged conduct of Mr J B during the currency of his Taxi Driver's Licence.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence and after consideration of the content of the letter and the advice of the Legal Officer agreed that the suspension be continued with immediate effect for the unexpired portion of the licence unless there was a material change of circumstances.

 

(ii) There was submitted a letter of information by the Chief Constable in relation to the alleged conduct of Mr S L during the currency of his Taxi Driver's Licence.

 

The Committee gave consideration to the content of the letter and after hearing the observations of the representative of Tayside Police and an agent on behalf of the licence holder agreed that the suspension be continued with immediate effect for the unexpired portion of the licence unless there was a material change of circumstances.

 

(e) TAXI LICENCE/TAXI DRIVER'S LICENCE - SUSPENSION HEARING

 

There was submitted a letter of information by the Chief Constable in relation to the conduct of Mr W D during the currency of his Taxi Licence and Taxi Driver's Licence.

 

The Committee, after consideration of the content of the letter and having heard the observations of a representative of Tayside Police and the licence holder on their own behalf agreed that no further action be taken.

 

(f) WINDOW CLEANER'S LICENCE - NEW APPLICATION

 

There was submitted an application by Mr J T for a Window Cleaner's Licence.

 

The Committee agreed that consideration of this application be deferred to a future meeting to allow the applicant to be present.

 

 

 

 

Bruce D MACKIE, Convener