Licensing Committee - 26/06/2008

At a MEETING of the LICENSING COMMITTEE held at Dundee on 26th June, 2008.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

Lord Provost John R LETFORD, Convener, in the Chair.

The minute of meeting of this Committee of 5th June, 2008 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 10th June, 2008 was submitted and approved, a copy of which is attached to this minute as an Appendix.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

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

(b) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 1, the Committee, having heard the Environmental Health Officer and the applicant on their own behalf, agreed that the application be granted.

Lord Provost John R Letford declared a non-financial interest in Application No 2 by virtue of the applicant having been a contributor to the Lord Provost's Charity Fund and took no part in the proceedings.

In the case of Application Nos 2 and 3, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 4, the Committee, having heard the Environmental Health Officer and an agent on behalf of the applicant, agreed that the application be granted subject to a risk assessment being submitted to the satisfaction of the Environmental Health Department.

(c) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(d) TAXI FARES

There was submitted Report No 354-2008 by the Director of Planning and Transportation on the review of taxi fares following a written request from the Dundee Taxi Association and the Transport and General Workers' Union (TGWU).

The Committee agreed to the proposals as listed under paragraph 4.3 of the report.

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 3, the Committee noted that the applicants had failed to pass the street test within the prescribed period and agreed that the applications be refused.

(f) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS

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

(g) USE OF CITY SQUARE - NEW APPLICATION

There was submitted the undernoted application:-

The event consisted of three gospel groups singing. There would be two public address systems, four microphones and two speakers. The event would start at 12 noon to 2pm on the days promoting concerts at church venues in the Arbroath Road and the Mayfield Sports Centre.

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

(h) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 6, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application Nos 7 to 54, the Committee, having heard the applicants on their own behalf, agreed that the applications be granted.

In the case of Application No 55, the Committee gave consideration to letters of objection which had been submitted by members of the public. Thereafter, the Committee, having heard a representative of the Housing Department, an agent on behalf of the applicant, the applicant on their own behalf and an objector to the application and consideration of the advice of the Legal Officer, agreed that the application be granted subject to conditions.

In the case of Application No 56, the Committee gave consideration to a letter of objection which had been submitted by a member of the public and a letter of support which had been submitted on behalf of the applicant. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and an objector to the application and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

In the case of Application Nos 57 and 58, the Committee gave consideration to a letter of objection which had been submitted by a member of the public and correspondence in support of the applications. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the applications be granted.

In the case of Application No 59, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and an objector to the application, the Committee agreed that the application be granted subject to conditions.

In the case of Application No 60, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

In the case of Application No 61, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and an objector to the application, the Committee agreed that the application be granted subject to conditions.

In the case of Application No 62, the Committee gave consideration to letters of objection which had been submitted by members of the public and a letter of support which had been submitted on behalf of the applicant. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and an objector to the application, the Committee agreed that the application be refused.

In the case of Application No 63, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department, an objector to the application and the applicant on their own behalf, the Committee agreed that the application be granted for a period of one year subject to conditions.

In the case of Application No 64, the Committee gave consideration to letters of objection which had been submitted by members of the public. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

In the case of Application No 65, the Committee agreed that consideration of this application be deferred to a future meeting.

(i) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation:-

(1) (2/1), 1 Bellefield Avenue to change of day to day manager to Christina Baynes;

(2) 8 Dudhope Gardens to change the occupancy from 5 to 4.

In the case of Request No 1, there being no objections, the Committee agreed that the request be granted.

In the case of Request No 2, the Committee agreed that consideration of this request be deferred to a future meeting of the Committee.

(j) HOUSES IN MULTIPLE OCCUPATION - RENEWAL OF VARIATION

There were submitted the undernoted applications for Renewal of Variation.

In the case of Request No 1, the Committee noted that this variation had been granted at the Licensing Committee on 1st November, 2007 for a trial period of six months. The Committee received from the applicant a letter detailing how they were to carry out the day to day management of the premises, the content of which was considered. Thereafter, there being no objections, the Committee agreed that the request for Renewal of Variation be granted.

In the case of Request Nos 2 and 3, the Committee noted that these variations had been granted at the Licensing Committee on 10th January, 2008 for a period of six months. Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that the requests for Renewal of Variation 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 involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There was submitted an application by Mr D S for a Houses in Multiple Occupation Licence.

The Committee gave consideration to a letter of objection which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

(b) HOUSE IN MULTIPLE OCCUPATION - RENEWAL

There was submitted an application by Mr E K/R H for renewal of a Houses in Multiple Occupation Licence.

This application had been deferred from the Licensing Committee of 7th February, 2008. The Committee noted that the applicant was not present and agreed that the application be considered in their absence. The Committee gave consideration to a letter of objection which had been submitted by the Housing Department and a letter of observation which had been submitted by Tayside Police relevant to this application. Thereafter, the Committee agreed that the application be refused.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATION

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

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police and the applicant on their own behalf, the Committee agreed that the application be granted for a period of six months.

Lord Provost John R LETFORD, Convener.