Licensing Committee - 06/05/2004

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th May, 2004.

Present:-

BAILIES

COUNCILLORS

Councillor WEBSTER, Depute Convener, in the Chair.

The minute of meeting of this Committee of 1st April, 2004 was held as read.

Unless marked thus * all items stand delegated.

I TAXI LIAISON GROUP - MINUTE OF MEETING

The minute of meeting of the Taxi Liaison Group of 29th March, 2004 was submitted and approved, a copy of which is attached as Appendix I.

II LICENSING SUB-COMMITTEE - MINUTE OF MEETING

The minute of meeting of the Licensing Sub-Committee of 28th April, 2004 was submitted and noted for information and record purposes, a copy of which is attached as Appendix II.

III LOTTERIES AND AMUSEMENTS ACT 1976

(a) APPLICATIONS FOR PERMITS FOR AMUSEMENTS WITH PRIZES

There being no objections the Committee agreed that the undernoted application be granted.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

Councillor Webster declared a non-financial interest in application No 5 by virtue of his employment with Dundee University.

In the case of application nos. 1 to 5, there being no objections, the Committee agreed that the applications be granted.

In the case of application No 6, the Committee after noting that there was no-one present on behalf of the objectors and after hearing the applicant on their own behalf, agreed that the application be granted subject to compliance with conditions and the amended condition in relation to the disposal of refuse.

In the case of application No 7, the Committee after noting that the applicant was not present agreed that the application be considered in their absence and after hearing a representation from a member of the public and the observations of the Housing Officer agreed that the application be granted for a period of six months.

In the case of application no 8, the Committee after noting there was no-one present on behalf of the objectors and after hearing a representative on behalf of the applicant, agreed that the application be granted for a period of three years, subject to compliance with conditions and the amended condition in relation to the disposal of refuse.

In the case of applications nos. 9 to 21 the Committee agreed that consideration of these applications be deferred to a future meeting.

(b) LATE HOURS CATERING LICENCE - RENEWALS

There were submitted the undernoted applications:-

In the case of application No 1, the Committee, after hearing the applicant on their own behalf, and noting there was no one present on behalf of the objectors, agreed that consideration of the application be deferred to a future meeting of the Committee to allow further investigation by the Planning and Transportation Department and Environmental Health Department to be undertaken.

In the case of application No 2, the Committee, after hearing an agent on behalf of the applicant and noting there was no-one present on behalf of the objectors, Councillor Webster, seconded by Councillor Grant, moved that the application be granted as applied for until September 2004.

As an amendment, Councillor Sawers, seconded by Bailie Corrigan, moved that the application be granted to 1 am only.

On a division there voted for the motion, Councillor Webster; Councillor Regan; Councillor Grant and Councillor Dick (4); and for the amendment Councillor Sturrock; Councillor Sawers; Councillor Andy Dawson and Bailie Corrigan (4); whereupon there being a parity of votes the Depute Convener gave his casting vote in favour of the motion and the application was granted until September 2004.

(c) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(d) SECOND HAND DEALER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application nos. 1, 2, 3, 5 and 6, there being no objections, the Committee agreed that the applications be granted.

In the case of application No 4, the Committee agreed that this application be granted subject to a satisfactory inspection by the Environmental Health Department.

In the case of application No 7, the Committee noted that consideration of the application had been remitted back by the Sheriff and after hearing an agent on behalf of the applicant and the applicant on their own behalf, and the observations of the Environmental Health Officer, agreed that the application be granted subject to a satisfactory inspection by the Environmental Health Department and the ratification of safety certificates.

(e) STREET TRADER'S LICENCE - NEW APPLICATION

There was submitted the undernoted application:-

In the case of this application, the Committee, after hearing the applicant on his own behalf agreed that the application be granted subject to the applicant submitting verification to the Environmental Health Department that the Scottish Environmental Protection Agency and Scottish Water were satisfied with the procedure to be employed in relation to the disposal of waste water.

(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application nos. 1 to 12, there being no objections, the Committee agreed that the applications be granted.

In the case of application nos. 13 and 15, the Committee noted that these applications had been withdrawn from consideration by the applicants.

In the case of application nos. 14, 16 and 17, the Committee noted that these applicants had failed to pass the street test within the prescribed period and thereafter agreed that the applications be refused.

(g) ACCESSIBLE VEHICLES - ADDITIONS TO LIST

It was reported that the undernoted vehicles had been assessed by the Plant and Vehicle Officer and the Cabs Enforcement Officer and that the appropriate certification had also been submitted.

In the case of the vehicles listed at Nos 1 and 2, the Committee agreed that the vehicles be added to the list of accessible vehicles.

(h) TAXI LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application nos. 1 to 9, 11, 12 and 14, 15, 16, 17 and 18 there being no objections, the Committee agreed that the applications be granted subject to the applicants' compliance with the new policy on accessible vehicles and the condition that they join the Taxi Card Scheme.

In the case of application No 10, the Committee, after noting that the applicant was not present, agreed that the application be considered in their absence and after hearing the observations of the Clerk, agreed that the application be refused.

In the case of application No 13, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of application No 19 the Committee, after hearing the applicant on their own behalf, and representatives on behalf of the objectors, and consideration of Report No 342-2004, which had been submitted by the Depute Chief Executive (Support Services) and additional information which had been tabled by the applicant, agreed that Option 1 of the report be adopted and that the application be granted with the standard conditions attached, those being compliance with the new policy in relation to accessible vehicles and membership of the Taxi Card Scheme.

(i) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application No 1, the Committee, after hearing the applicant on their own behalf, agreed that the application be granted subject to their compliance with the condition in relation to the display of their identification badge.

In the case of application No 2, the Committee, after noting that the applicant was not present, agreed that the application be considered in their absence, after which it was agreed that the application be granted subject to their compliance with the condition in relation to the display of their identification badge.

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

(j) TAXI CARD SCHEME

It was reported that the undernoted licence holders had not joined the Taxi Card Scheme.

In relation to licence holders nos. 1-6 the Committee agreed that their conditions of licence be varied to include the following condition:-

"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 comply at all times with its terms and conditions".

The Committee resolved under Section 50(A)(4) 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 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.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - RENEWAL

There was submitted an application by Mr G P for renewal of his taxi licence.

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable.

Thereafter, having heard the applicant on their own behalf, the Committee agreed that consideration of the application be deferred to a future meeting to allow further investigation to be undertaken by the Clerk.

(b) SECOND HAND DEALER/METAL DEALER'S LICENCES - SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relative to the conduct of Mr E B during the currency of his second hand dealer and metal dealer's licences.

The Committee, after hearing a representative of the Chief Constable and the applicant on their own behalf agreed that the second hand dealer and metal dealers licences be suspended for the unexpired portion of the currency of the licences held by Mr E B.

(c) TAXI LICENCE - NEW APPLICATION

The Committee noted that the application for a taxi licence submitted by Mr V R had been withdrawn from consideration by an agent on behalf of the applicant.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr V R during the currency of his taxi driver's licence.

The Committee after hearing the representative of the Chief Constable and an agent on behalf of the licence holder and consideration of documents tabled by the Chief Constable and the licence holder, agreed that the taxi driver's licence held by Mr V R be suspended with immediate effect for the unexpired duration of the currency of the licence.

CHARLES A WEBSTER, Depute Convener