Licensing Committee - 01/12/2005

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

Present:-

BAILIES

COUNCILLORS

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:-

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:-

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the case of Application No. 14 the Committee noted that the objection which had been received from Mr Croall had been withdrawn.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:-

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:-

(e) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(f) STREET TRADERS - NEW APPLICATIONS

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

(g) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

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:-

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:-

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

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