Licensing Committee - 05/02/2004

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th February, 2004.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 8th January, 2004 was held as read.

Unless marked thus * all items stand delegated.

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HMO LICENSING AND PLANNING POLICIES

Reference was made to Article II (a) of the minute of meeting of 8th January, 2004 wherein it was agreed that it be remitted to officers to bring forward a report on arrangements for the regulation of HMOs through the licensing system and its regulation through the planning system.

After consideration of Agenda Note AN52-2004 and the advice of the Legal Officer the Committee agreed:-

(i) that the licensing of HMOs follow a similar case by case approach rather than an approach based on an area or distance policy; and

(ii) that it be noted that the competent grounds for refusal were wide enough to take into account broader issues such as the effect of concentrations of HMOs on the overall character of the local area.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application numbers 1 to 4, there being no objections, the Committee agreed that the applications be granted.

In the case of application number 5, the Committee, after hearing a representative on behalf of the objectors and the applicant on his own behalf, the Convener, seconded by Bailie Corrigan, moved that the application be granted.

As an amendment, Bailie Powrie, seconded by Councillor Regan, moved that the application be refused.

On a division there voted for the motion - the Convener, Lord Provost Letford, Councillor Grant, Councillor Andy Dawson, Bailie Corrigan, Councillor Barrie and Councillor Webster (7); and for the amendment, Councillor Regan, Councillor Sturrock, Councillor Dick and Bailie Powrie (4) - whereupon the motion was declared carried and the application was granted.

In the case of application numbers 6 to 11, the Committee agreed that consideration of these applications be deferred to a future meeting.

(c) TAXI DRIVERS' LICENCES NEW APPLICATIONS

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

(d) PRIVATE HIRE LICENCES NEW APPLICATIONS

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

II GAME DEALER'S LICENCE

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

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI LICENCES NEW APPLICATIONS

Prior to consideration of these applications, the legal officer outlined, for the benefit of the Committee and the applicants in attendance, the potential for conflict between the licence conditions as regards control and ownership and conditions in finance agreement whereby finance was being contributed by a 3rd party and that should an applicant be in any doubt on this they should consider requesting a deferral.

There were submitted the undernoted applications:-

In the case of application numbers 1 to 9, 11 to 20 and 23 to 28 there being no objections and no request for deferrals, the Committee agreed that the applications be granted subject to conditions.

In the case of application number 10, the Committee, after hearing the applicant on his own behalf and a representative on behalf of the applicant and the advice of the Clerk, agreed that the application be granted subject to the vehicle, a Mercedes Viano LWB, having completed a satisfactory inspection by the Cab Officer and the Plant and Vehicle Officer as to its suitability for inclusion on the list of accessible vehicles.

In the case of application number 21 and 22, the Committee, after noting that the applicants were not present, agreed that the applications be considered in their absence, thereafter there being no objections, the Committee agreed that the applications be granted subject to conditions.

In the case of application number 29 to 45 the Convener had agreed that these applications be considered as a matter of urgency in terms of Standing Order Number 17(b) and in view of the timescales and there being no objections or request for deferral, the Committee agreed that the applications be granted subject to conditions.

The Committee resolved under Section 50(A) of the Local Government (Scotland) Act 1973 that the public be excluded from the meeting for the undernoted items of business on the grounds that this 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.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVERS' LICENCES NEW APPLICATIONS

(i) There was submitted an application by Mr. J.H. 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 the representative of Tayside Police and the applicant on his own behalf, the Convener, seconded by Bailie Corrigan, moved that the application be refused.

As an amendment, Councillor Sturrock, seconded by Councillor Barrie moved that the application be granted.

On a division, there voted for the motion - the Convener, Lord Provost Letford, Councillor Grant, Councillor Dick, Bailie Corrigan and Bailie Powrie (6); and for the amendment - Councillor Regan, Councillor Sturrock, Councillor Andy Dawson, Councillor Barrie and Councillor Webster (5) -whereupon the motion was declared carried and the application was refused.

(ii) There was submitted an application by Mr. G. R. 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 the representative of Tayside Police and the applicant on his own behalf the Convener, seconded by Councillor Grant moved that the application be granted subject to the applicant having completed a medical examination to the satisfaction of the General Practitioner for the Council.

As an amendment, Bailie Corrigan, seconded by the Lord Provost, moved that the application be refused.

On a division, there voted for the motion - the Convener, Councillor Regan, Councillor Sturrock, Councillor Grant, Councillor Andy Dawson, Councillor Barrie, Bailie Powrie and Councillor Webster (8), and for the amendment - Lord Provost Letford, Councillor Dick and Baillie Corrigan (3) - whereupon the motion was declared carried and the application was granted subject to the applicant having completed a medical examination to the satisfaction of the General Practitioner for the Council.

BRUCE D MACKIE, Convener.