Licensing Committee - 04/03/2004

At a MEETING of the LICENSING COMMITTEE held at Dundee on 4th March, 2004.

Present:-

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 5th February, 2004 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee of 4th February, 2004 and 5th February, 2004 were submitted and noted for information and record purposes, copies of which are attached as Appendices I and II.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of applications numbers 1-22 there being no objections, the Committee agreed that the applications be granted.

In the case of applications numbers 23-34 the Committee agreed that consideration of these applications be deferred to a future meeting.

(b) PRIVATE HIRE LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application number 1, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of application number 2, there being no objections, the Committee agreed that the application be granted.

(c) PRIVATE HIRE OPERATOR - SUSPENSION HEARING

It was reported that a complaint had been received from the Plant and Vehicle Officer indicating that, Ms Barbara Scott, the holder of a Private Hire Operator's Licence had failed to submit her vehicle for its test timeously.

The Committee after hearing the Clerk and the licence holder on her own behalf, agreed that a warning be issued to the licence holder and that no further action be taken.

(d) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS

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

(e) PUBLIC PROCESSION - NEW APPLICATION

Councillor Webster declared a non-financial interest in the undernoted application by virtue of his employment with Dundee University.

There being no objections, the Committee agreed that the application received from Dundee University Charities for a public procession on Sunday 7th March, 2004 at 2.00 p.m. be granted.

(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of applications numbers 1-12, there being no objections, the Committee agreed that the applications be granted.

In the case of applications numbers 13 and 17 the Committee after noting the applicants had failed to pass the street test within the prescribed period agreed that the applications be refused.

In the case of applications numbers 14, 15, 16, 18, 19, 20, 21 and 22, the Committee noted that these applications had been withdrawn from consideration by the applicants.

(g) TAXI LICENCE CONDITIONS - MEMBERSHIP OF TAXI CARD SCHEME

Reference was made to Article XVII of the minute of meeting of the Planning and Transportation Committee of 23rd February, 2004 wherein revisions to the Taxi Card Scheme were approved. It was reported that the Committee would be requested to consider attaching an additional condition to all new taxi licences for accessible taxis. This condition would require the licence holder to become a member of the taxi card scheme.

The Clerk tabled a copy letter received from the agents acting on behalf of the Dundee Taxi Association in response to the proposal for membership of the Taxi Card Scheme. The Clerk reported that the proposal related to Taxi Licences granted for accessible vehicles only and that the Dundee Taxi Association would be consulted in due course as necessary. In this respect the Clerk tabled a letter which had been issued to all applicants detailing the amended condition which would be recommended to the Committee for inclusion for all new applications for taxi licences.

Following discussion the Committee noted:-

(i) that the scheme would give disabled passengers who were members up to 156 journeys per year;

(ii) that membership of the scheme would not require licence holders to invest in any smart card technology;

(iii) that licence holders may work out of any taxi office;

(iv) that licence holders who did not work for a taxi office would be required to make the taxi available for hire during a period approved by the Planning and Transportation Department; and

(v) that no additional costs would accrue to licence holders as a result of being members of the Taxi Card Scheme.

The Committee also agreed:-

(i) that the following condition be attached with immediate effect to any new taxi licences to be granted. "As from 1st April, 2004 the holder of a taxi licence must be a member of any Taxi Card Scheme in respect of wheelchair users promoted from time to time by the City Council and complied at all times with its terms and conditions"; and

(ii) that, in the event that new licensees who had been granted licences for accessible vehicles did not voluntarily join the Taxi Card Scheme it be remitted to the Depute Chief Executive (Support Services) to make the necessary arrangements to vary their licence conditions.

(h) TAXI LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of applications numbers 1, 2, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19. 20, 21, 22, 23 and 24, there being no objections the Committee agreed that these applications be granted subject to conditions.

In the case of applications numbers 3, 12, 13, the Committee after noting these applicants were not present agreed that the applications be considered in their absence and, there being no objections, agreed that the applications be granted subject to conditions.

In the case of application number 11, the Committee noted that this application had been withdrawn from consideration by the applicant.

(i) SCOTTISH TAXI AND PRIVATE HIRE EXHIBITION - ATTENDANCE AT EXHIBITION

It was reported that the Scottish Taxi and Private Hire Exhibition would be held on Tuesday 23rd and Wednesday 24th March 2004 from 9.30am until 5.30pm at Strathclyde Country Park, Motherwell. Entry to the exhibition would be free of charge excluding travel and subsistence allowances.

The Committee agreed that arrangements be made to attend the conference on Tuesday, 23rd March, 2004 and that attendance be open to any member of the Committee.

(j) TAXI LIAISON GROUP - TAXI TRADE MEMBERSHIP

The Convener agreed that the undernoted item be considered as a matter of urgency in terms of Standing Order No 17(b) and in view of the timescales.

On a reference to Article II(e) of minute of meeting of this Committee of 8th January, 2004 wherein it was agreed that the Clerk be remitted to seek the views of the taxi trade on the revision of the membership of the Taxi Liaison Group, it was reported that consultation had now been completed and it was recommended that the revised taxi trade membership be as follows:-

Dundee Taxi Association (2 representatives)

Transport and General Workers Union (2 representatives)

Tele Taxis (1 representative)

Handys Taxis (1 representative)

505050 (1 representative)

203020 (1 representative)

Street Cars (1 representative)

Tay Taxis (1 representative)

Other Private Hire (1 representative).

The Committee agreed:-

(i) that the revised taxi trade membership be as outlined above and that substitutes be allowed; and

(ii) that a meeting of the Taxi Liaison Group be held on Monday, 29th March, 2004 at 10.00 am.

(iii) ZOO LICENSING ACT 1981 - APPLICATION FOR RENEWAL OF ZOO LICENCE BY DUNDEE CITY COUNCIL PER S GRIMMOND - CAMPERDOWN WILDLIFE CENTRE

On a reference to Article V(a) of the minute of meeting of this Committee of 4th September, 2003 there was submitted a report by the Zoo Licensing Inspectorate in relation to the application for renewal of Zoo Licence by the Leisure and Arts Department of Dundee City Council for Camperdown Wildlife Centre. The Committee also gave consideration to a letter from Parkside Veterinary Group which had been tabled by the Clerk.

Following discussion the Committee agreed that the application be granted for a period of six years.

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 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) PUBLIC PROCESSION

There was submitted a notification of a public procession to be held on Saturday 3rd April, 2004 at 7.00 p.m. and after hearing a representative on behalf of the organisers of the procession and the observations of the Chief Constable, the Lord Provost, seconded by Councillor Sawers, moved that an order be imposed prohibiting the procession on the basis that it may be detrimental to public safety on the basis of the observations of Tayside Police.

As an amendment, the Convener, seconded by Councillor Grant, moved that an order be issued, subject to the Council's standard conditions for public processions and also that the march commence at 8.00 a.m. instead of 7.00 p.m.

On a division, there voted for the motion, the Lord Provost, Councillor Sawers and Councillor Barrie (3) and for the amendment, the Convener, Councillor Regan, Councillor Sturrock, Councillor Grant, Councillor Dick, Councillor A Dawson, Bailie Powrie and Councillor Webster (8) whereupon the amendment was declared carried and the order was issued.

(b) TAXI DRIVERS SUSPENSION HEARINGS

(i) On a reference to Article I(a) of minute of meeting of the Licensing Sub-Committee of 5th February, 2004 there was submitted a letter of complaint by the Chief Constable relative to the fitness of Mr GM to be the holder of a Taxi Driver's Licence.

The Committee, after having heard an agent on behalf of the licence holder and the representative of Tayside Police, agreed that no further action be taken.

(ii) On a reference to Article I(b) of minute of the Licensing Sub-Committee of 4th February, 2004 there was submitted a letter of complaint by the Chief Constable relative to the alleged conduct of Mr BM during the currency of his Taxi Driver's Licence.

The Committee, after having heard an agent on behalf of the licence holder and the representative of Tayside Police, agreed that no further action be taken.

(c) TAXI DRIVER/TAXI OPERATOR'S LICENCE SUSPENSION HEARING

On a reference to Article I(a) of minute of the Licensing Sub-Committee of 4th February, 2004 there was submitted a letter of complaint by the Chief Constable relative to the fitness and alleged conduct of Mr MD during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee, after hearing an agent on behalf of the licence holder, the licence holder on their own behalf and the representative of Tayside Police and following an adjournment to allow the agent to take instruction from her client, agreed that the Taxi Driver's Licence and Operator's Licence held by Mr MD be suspended with immediate effect for the unexpired periods of their currency.

BRUCE D MACKIE, Convener.