Licensing Committee - 01/07/2004

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1 July 2004.

 

Present:-

 

BAILIES

 

John CORRIGAN

Bruce D MACKIE

Neil I C POWRIE

 

COUNCILLORS

 

George REGAN

Helen DICK

Jim BARRIE

Fiona M GRANT

Andrew DAWSON

Charles A WEBSTER

 

Willie SAWERS

 

 

The minute of meeting of this Committee of 3rd June, 2004 was held as read.

 

Unless marked thus * all items stand delegated.

 

I MINUTE OF MEETING OF TAXI LIAISON GROUP OF 27TH MAY 2004

 

The minute of meeting of the Taxi Liaison Group of 27th May 2004 was submitted and approved, a copy of which is attached as Appendix I.

 

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE OF 1ST JUNE 2004

 

The minute of meeting of Licensing Sub-Committee of 1st June 2004 was submitted and noted for information and record purposes a copy of which is attached as Appendix II.

 

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

 

 

 

 

 

1

Mr & Mrs Mselli

6 Scrimgeor Place

 

2

Mr A Hutcheson

105b Nethergate

 

3

Mr C Weatherburn

7 Blackness Avenue

 

4

Mr & Mrs Letley/Mr & Mrs Kidd

45 Commercial Street

 

5

Mr C Ewart

7 Blackness Avenue

 

6

Ms M A Wills

1 Gowrie Street

 

7

Ms E D Rodger

5 Rustic Place

 

8

Mr & Mrs A Rollinson

358 Perth Road

 

9

Ms R Volpi

32 South Tay Street

 

10

Hillcrest Housing Association

16 William Barclay Square

 

11

Mr & Mrs Mahoney

Dudhope Villa, 1 St Marys Place

 

12

Mr & Mrs Mahoney

5 Ellen Street, (1/R)

 

13

Mr & Mrs Mahoney

5 Ellen Street, (G/R)

14

Mr & Mrs Mahoney

19 Greenbank Place

15

Mr D J Mahoney

5 Tofthill Place

16

Mr & Mrs Mahoney

10 Tofthill Place

17

Mr M J Mahoney

95 Peddie Street

18

Y D Limited

5 Bellefield Avenue

19

Mrs A Daud

8 Cleghorn Street

20

The Seran Childrens Trust

69 Constitution Road

21

Mr P Marr

1A Constitution Street

22

Mr K Wilson

5 Union Street (Flat 3)

 

No

Name

Address of Premises

 

 

 

 

23

Mr K Edward

17 Osborne Place

 

24

Wanrobe Investments Ltd

9 Ward Road, (T/L)

25

Wanrobe Investments Ltd

30 Perth Road, (1st Floor)

26

Wanrobe Investments Ltd

9 Ward Road, (T/R)

27

Wanrobe Investments Ltd

5 Blackness Avenue

28

RSJ Property Management

10 Cleghorn Street

29

Mr A R Daud

4 Cleghorn Street, (1st Floor)

30

Mr P Letley

9 Roseberry Street

31

Mr I Jamal

42 Roseangle, (1st Floor)

32

Mr I Jamal

9 Ward Road, (2nd Floor)

33

Mr I Jamal

14 Union Street, (2nd Floor)

34

Ms R L Hurst

48 Union Street, (2/1)

35

Grant Investments Ltd

3 Cleghorn Street

36

Grant Investments Ltd

11a Windsor Street

37

Grant Investments Ltd

207 Perth Road, (Flat 1)

38

Mr & Mrs N Goodley

8 St Marys Place (Top Floor)`

39

Ms K Walker

39 Constitution Street

40

Mr P Sale

45 Commercial Street, (5/R)

41

Mr A Wright

40 Union Street, (3/R)

 

In the case of application number 5 Councillor Webster declared a non-financial interest in this item by virtue of the applicant being known to him in a personal capacity.

 

In the case of application numbers 1 to 21, there being no objections the Committee agreed that these applications be granted.

 

In the case of application number 22, Councillor Sturrock declared a financial interest in this item by virtue of her ownership of a flat at this address.

 

In the case of application number 22, the Committee agreed that consideration of the application be deferred to a future meeting.

 

In the case of application number 23, the Committee, after noting that no-one was present on behalf of the objectors and after hearing the applicant on their own behalf and consideration of a letter which had been tabled in support of the application, agreed that the application be granted.

 

In the case of application numbers 24 to 41, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

 

(b) TAXI LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

 

1

J & J Henderson/James Henderson

2

Rikki McGovern

3

Graham C Taylor

 

(c) LATE HOURS CATERING LICENCE RENEWAL

 

On a reference to Article II(b) of minute of meeting of the Licensing Committee of 1st April 2004 there was submitted the undernoted application:-

 

No

Name

Address of Premises

Hours of Opening

 

 

 

 

1

Alan Clarke

Unit 3, Annfield Row

(Clarke's Bakery)

From 11 pm to 5 am

 

 

In the case of this application, the Committee, after hearing the applicant on their own behalf and noting that the objection submitted by L Connery was not competent, agreed that the application be granted.

 

(d) LATE HOURS CATERING LICENCE - NEW APPLICATION

 

There being no objections the Committee agreed that the undernoted application be granted subject to a satisfactory inspection by the Environmental Health Department:-

 

No

Name

Address of Premises

Hours of Opening

 

 

 

 

1

Andrew Pollard

93 Church Street, Broughty Ferry

(Pizza Hut)

From 11 pm to Midnight

 

(e) PRIVATE HIRE LICENCE NEW APPLICATION

 

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

 

No

Name

 

 

1

Hugh Robertson

 

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

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

Type of Goods

 

 

 

 

1

Charles Sandeman

4/6 Laburn Street

Motor Vehicles

 

 

 

 

2

Skinner Motor Cycle Sales Ltd/Michael Skinner

Unit 1, Block B, Smeaton Road, Gourdie Industrial Estate

Motorcycles, Scooters and Mopeds

 

In the case of application number 1, there being no objections the Committee agreed that the application be granted subject to a satisfactory inspection by the Environmental Health and Trading Standards Department.

 

In the case of application number 2, the Committee, after hearing the applicant on their own behalf agreed that the application be granted.

 

(g) STREET TRADERS - NEW APPLICATIONS

 

There was submitted the undernoted application:-

 

No

Name

Address of Premises

Type of Goods

 

 

 

 

1

Ronald Douglas

16 Prieston Road

Wheeled Bin Cleaning

 

In the case of this application, the Committee, after hearing the applicant on his own behalf and consideration of the observations of the representative of the Environmental Health Department, agreed that the application be granted subject to a satisfactory inspection by the Environmental Health Department, confirmation that the applicant would comply with duty of care requirements and the submission of 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.

 

(h) ACCESSIBLE VEHICLES - ADDITION TO LIST

 

It was reported that the Fiat Scudo Eurostyle Taxi supplied by JMD Motor Engineers, Kirkcaldy had obtained the appropriate certification and had been passed by the Plant and Vehicle Officer and the Cabs Enforcement Officer and following discussion the Committee agreed that this vehicle be added to the list of accessible vehicles.

 

(i) DRIVING COURSE INITIATIVE FOR TAXI/PRIVATE HIRE LICENCE HOLDERS

 

There was submitted a copy letter dated 9th June 2004 from Perth & Kinross Council in relation to a Driving Course Initiative for Taxi/Private Hire Licence Holders.

 

The Committee after consideration of the letter agreed that the content be noted and that the Clerk reply to Perth & Kinross Council on behalf of the Committee indicating that the details had been noted.

 

(j) TAXI DRIVER'S LICENCE NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

 

 

1

Richard T Black

2

Shona Brady

3

Olive M Edward

4

Mohammed Iqbal

5

James C MacDonald

6

Raymond Din

7

Brian Howie

8

Mark Jaffray

9

Mark Lochhead

10

Julie McLennan

11

Andrew Orchardson

12

George Walls

 

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

 

In the case of application numbers 6, 7, 8 and 11, 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 9, 10 and 12, the Committee noted that these applications had been withdrawn from consideration by the applicants.

 

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order Number 17(b) and in view of the timescales.

 

(k) APPLICATION FOR AMUSEMENT WITH PRIZES - NEW APPLICATION

 

On a reference to Article III of minute of meeting of the Licensing Committee of 1st September 2002 there was submitted the undernoted application:-

 

Name

Address of Premises

Number of Machines

 

 

 

Luxury Leisure t/a Nobles Amusements

71/77 High Street, Dundee

Not Known

 

In the case of this application the Committee, after hearing a representative on behalf of the applicant company, agreed that the application be granted.

 

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.

 

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCES - NEW APPLICATIONS

 

(i) There was submitted an application by Mr A B for a Taxi Driver's Licence.

 

The Committee noted that this application had been withdrawn from consideration by the applicant.

 

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

 

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

 

Thereafter, having heard an agent on behalf of the applicant and consideration of the observations of the representative of the Chief Constable, the Committee agreed that the application be refused.

 

(iii) There was submitted an application by Mr R K for a Taxi Driver's Licence.

 

The Committee, after noting the applicant was not present, agreed that the application be considered in their absence. The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable.

 

Thereafter the Committee agreed that the application be refused.

 

(iv) There was submitted an application by Mr A K for a Taxi Driver's Licence.

 

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

 

Thereafter, having heard an agent on behalf of the applicant and the observations of the representative of the Chief Constable, the Committee agreed that the application be granted.

 

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

 

The Committee 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.

(vi) There was submitted an application by Mr E M 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 applicant on their own behalf and the observations of the representative of the Chief Constable, the Committee agreed that the application be granted.

 

(vii) There was submitted an application by Mr R M 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 a representative on behalf of the applicant and consideration of the observations of the representative of the Chief Constable, the Committee agreed that the application be granted.

 

Councillor Regan declared a non-financial interest in the undernoted application and took no part in the discussion by virtue of the applicant being known to him in a personal capacity.

 

(viii) There was submitted an application by Mr J P 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 an agent on behalf of the applicant and consideration of the observations of the representative of the Chief Constable, the Committee agreed that the application be refused.

 

(ix) There was submitted an application by Mr D S 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 a representative on behalf of the applicant and consideration of the observations of the representative of the Chief Constable, the Committee agreed that the application be granted.

 

(x) There was submitted an application by Mr D W 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 applicant on their own behalf and consideration of observations of the Chief Constable, the Committee agreed that the application be granted.

 

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

 

On a reference to Article I(b) of minute of meeting of the Licensing Sub Committee of 1st June 2004 there was submitted a letter of complaint by the Chief Constable relative to the fitness of Mr H D to be the holder of a Taxi Driver's Licence.

 

The Committee agreed that consideration of this matter be deferred to a future meeting.

 

(c) TAXI LICENCE - RENEWAL

 

There was submitted an application by Mr H D for renewal of his Taxi Licence.

 

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

 

(d) STREET TRADER'S LICENCE - RENEWAL

 

There was submitted an application by Mr S D for renewal of his Street Trader's Licence.

 

The Committee agreed that the application be granted for the unexpired portion of the licence.

 

(e) TAXI DRIVER'S LICENCE - RENEWAL

 

On a reference to Article V(a) of minute of meeting of this Committee of 6th May 2004 wherein consideration of this application was deferred for one month for further consideration there was submitted an application by Mr G P for renewal of his Taxi Driver's Licence. The Committee gave consideration to correspondence which had been submitted by the Chief Constable and a note which had been submitted outlining the history of the application which had been submitted.

 

Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted.

 

(f) WINDOW CLEANER'S LICENCE - RENEWALS

 

(i) There was submitted an application by Mr S D for renewal of his Window Cleaner's Licence.

 

The Committee, after noting that the applicant was not present, agreed that consideration of the application be deferred to a future meeting to allow the applicant to attend.

 

(ii) There was submitted an application by Mr G McC for renewal of his Window Cleaner's Licence.

 

The Committee, after noting that the applicant was not present, agreed that consideration of the application be deferred to a future meeting to allow the applicant to be present.

 

(iii) There was submitted an application by Mr J B for renewal of his Window Cleaner's Licence.

 

The Committee, after noting that the applicant was not present, agreed that consideration of the application be deferred to a future meeting to allow the applicant to be present.

 

 

 

 

BRUCE D MACKIE, Convener.