Licensing Committee - 02/09/2004

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd September 2004.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

The minute of meeting of this Committee of 15th July 2004 was held as read.

Unless marked thus * all items stand delegated.

I MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 30th June, 28th July and 9th August 2004 were submitted and noted for information and record purposes, copies of which are attached as Appendices I, II and III.

II LOTTERIES AND AMUSEMENTS ACT 1976

(a) APPLICATIONS FOR PERMITS FOR AMUSEMENTS WITH PRIZES - NEW APPLICATIONS

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

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application No 1, the Committee noted that this item had been withdrawn from consideration by the applicant.

In the case of application Nos 2-13, there being no objections, the Committee agreed that the applications be granted.

In the case of application Nos 14, 15 and 16, the Committee after hearing an agent on behalf of the applicant, and a representative on behalf of the objectors and consideration of the observations of the Housing Officer and the advice of the Legal Officer, agreed that the applications be granted.

In the case of application No 17, the Committee agreed that consideration of this application be deferred to a future meeting.

In the case of application Nos 18-32, the Committee agreed that consideration of these applications be deferred to a future meeting.

(b) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATION - EAST PORT HOUSE

There being no objections, the Committee agreed to the request from East Port House for a variation of their licence for a change of day to day manager to J R Kidd.

(c) METAL DEALERS - NEW APPLICATION

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

(d) METAL DEALER/SECOND HAND DEALER - RENEWAL

There was submitted the undernoted application:-

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

(e) LICENSING OF LIMOUSINES AND AIRPORT TRANSFERS

There was submitted Report No 594-2004 by the Depute Chief Executive (Support Services) advising of the legal position with regard to the licensing of limousines and airport transfers and seeking approval that these vehicles be licensed as private hire cars.

The Committee agreed that limousines and airport transfers be licensed as private hire cars in terms of Sections 10 and 23 of the Civic Government (Scotland) Act 1982 and that existing operators and drivers be given until 30th November 2004 to submit applications for licences.

(f) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(g) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

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

In the case of application No 2 the Lord Provost declared a non-financial interest by virtue of the fact that the Lord Provost's charity would be a beneficiary from the proceeds of the carnival.

In the case of application No 2, the Committee after hearing the applicant on his own behalf, agreed that the application be granted subject to conditions.

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

There were submitted the undernoted applications:-

In the case of application Nos 1-8 and application No 10, there being no objections, the Committee agreed that the applications be granted.

In the case of application No 9, the Committee agreed that consideration of this item be deferred to a future meeting.

(i) SECOND HAND DEALER'S LICENCE - REQUEST FOR VARIATION - BLOCKBUSTER ENTERTAINMENT LIMITED

The Committee gave consideration to a letter which had been received from solicitors representing Blockbuster Entertainment Limited for an exemption from the condition 1(d) attached to Second Hand Dealers Licences which states "The dealer shall not dispose of any item of his stock-in-trade until the expiry of 48 hours (excluding any time on Saturdays or Sundays) after he acquires it" and after hearing a representative on behalf of the applicant and the observations of the representative of the Chief Constable, the Committee agreed that the request be refused.

(j) STREET TRADER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of applications Nos 1, 2 and 5, there being no objections the Committee agreed the applications be granted.

In the case of applications Nos 3 and 4, there being no objections the Committee agreed that the applications be granted subject to the applicants meeting the requirements specified in anti-sectarian conditions. (k) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

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

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

(l) TAXI LICENCE - NEW APPLICATIONS

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

(m) TAXI LICENCE - RENEWALS

There were submitted the undernoted applications:-

Councillor Julie Sturrock exited the Chamber prior to consideration of application No 1 and re-entered prior to consideration of application No 2.

Councillor Webster exited the Chamber prior to consideration of application No 2 and re-entered prior to a decision being made on this application and was therefore exempt in terms of Standing Order 34(4) from taking part in the deliberations.

The Lord Provost declared a non-financial interest in application No 2, and exited the Chamber during its consideration by virtue of the applicant being known to him in a personal capacity.

In the case of application No 1, the Committee after hearing an agent on behalf of the applicant and consideration of a letter of objection submitted by the Plant and Vehicle Officer and a letter of support submitted on behalf of the applicant by the agent, agreed that the application be refused.

In the case of application No 2, the Committee after hearing an agent on behalf of the applicant and consideration of a letter of objection from the Plant and Vehicle Officer and after receiving assurances that the applicant had placed a new vehicle in service which met the required standards, agreed that the application be granted.

(n) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

The Lord Provost re-entered the Chamber prior to consideration of application No 1.

In the case of applications Nos 1-3, there being no objections, the Committee agreed that the applications be granted.

(o) WINDOW CLEANERS - MONITORING OF UNLICENSED ACTIVITY

The Committee noted this item had been withdrawn from consideration.

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.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) METAL DEALERS - NEW APPLICATIONS

There was submitted an application by Mr AS for a metal dealer's licence.

The Committee agreed that consideration of this application be deferred to a future meeting following request from the applicant's agent.

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

(i) There was submitted an application by Mr AS for a second hand dealer's licence.

The Committee agreed that consideration of this application be deferred to a future meeting following a request from the applicant's agent.

(ii) There was submitted an application by Mr AR for a second hand dealer's licence.

After hearing an agent on behalf of the applicant and a representative of the Chief Constable, Bailie Mackie, seconded by Councillor Webster moved that the application be granted. As an amendment, Councillor Sawers, seconded by Councillor Wallace moved that the application be refused.

On a division there voted for the motion Bailie Mackie, Lord Provost Letford, Councillor Morrow and Councillor Webster (4); and for the amendment Councillor Sturrock, Sawers, A Dawson, Bailie Corrigan, Bailie Powrie and Councillor Wallace (6); whereupon the amendment was declared carried and the application was refused.

(c) WINDOW CLEANER'S LICENCE - RENEWALS

(i) There was submitted an application by Mr JB for renewal of his window cleaner's licence.

In the case of this application, the Committee, after noting the applicant was not present, agreed that the application be considered in their absence.

Thereafter, Bailie Corrigan, seconded by the Lord Provost, moved that the application be refused and as an amendment Bailie Mackie, seconded by Councillor Sawers moved that the application be granted.

On a division there voted for the motion the Lord Provost, Councillor Morrow, Bailie Corrigan, Bailie Powrie (4); and for the amendment Bailie Mackie, Councillor Sawers, Councillor A Dawson, Councillor Wallace and Councillor Webster (5); Councillor Grant declining to vote - whereupon the amendment was declared carried and the application was granted.

(ii) There was submitted an application by Mr SD for renewal of his window cleaner's licence.

The Committee, after being advised the applicant was not present, agreed that the application be considered in their absence. Thereafter, Bailie Corrigan, seconded by the Lord Provost moved that the application be refused and as an amendment Bailie Mackie, seconded by Councillor Sawers moved that the application be granted.

On a division there voted for the motion the Lord Provost, Councillor Morrow, Bailie Corrigan and Bailie Powrie (4); and for the amendment Bailie Mackie, Councillor Sawers, Councillor A Dawson, Councillor Wallace and Councillor Webster (5); Councillor Grant declining to vote - whereupon the amendment was declared carried and the application was granted.

(iii) There was submitted an application by Mr GMcC for renewal of his window cleaner's licence.

The Committee after being advised that the applicant was not present agreed that the application be considered in their absence and after hearing the observations of the representative of the Chief Constable, Bailie Mackie, seconded by Councillor Sawers moved that the application be deferred and as an amendment Bailie Corrigan, seconded by the Lord Provost moved that the application not be deferred.

On a division there voted for the motion - Bailie Mackie, Councillors Grant, Sawers, A Dawson, Wallace and Webster (6); and for the amendment - the Lord Provost, Councillor Morrow, Bailies Corrigan and Powrie (4) - whereupon the motion was declared carried and the application was deferred.

(d) TAXI LICENCE - NEW APPLICATION

There was submitted an application by Mr JA for a Taxi Licence.

After hearing 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 granted.

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

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

After hearing 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.

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

The Committee, after hearing the applicant on his own behalf and the observations of the representative of the Chief Constable, agreed that the application be granted.

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

The Committee, after hearing the applicant on his own behalf and the observations of the representative of the Chief Constable, Bailie Mackie, seconded by Councillor Wallace moved that the application be granted and as an amendment Councillor Morrow, seconded by Councillor Grant moved that the application be refused.

On a division there voted for the motion Bailie Mackie, Councillor Sawers, Bailie Powrie and Councillor Wallace (4); and for the amendment the Lord Provost, Councillor Grant, Councillor Morrow, Councillor A Dawson, Bailie Corrigan and Councillor Webster (6) whereupon the amendment was declared carried and the application was refused.

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

The Committee, after hearing the applicant on his own behalf and the observations of the representative of the Chief Constable, agreed that the application be granted.

(f) TAXI LICENCE - RENEWALS

(i) There was submitted an application by Mr JF for a renewal of his Taxi Licence.

The Committee, after being advised that the applicant was not present and after consideration of advice of the Legal Officer, agreed that consideration of the application be deferred to a future meeting.

(ii) There was submitted an application by Mr DS for renewal of his Taxi Licence.

The Committee, after hearing the Clerk agreed to note that the application had been withdrawn from consideration as the applicant had surrendered his licence.

(iii) There was submitted an application by Mr HD for renewal of his Taxi Licence.

The Committee, after consideration of the advice of the Legal Officer, agreed that consideration of the application be deferred to a future meeting.

(g) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) On a reference to Article I (b) of minute of meeting of the Licensing Committee of 1st June 2004 there was submitted a letter of information by the Chief Constable relative to the conduct of Mr HD during the currency of his Taxi Driver's Licence.

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

(ii) There was submitted a letter of information by the Chief Constable relative to the conduct of Mr JF during the currency of his Taxi Driver's Licence.

The Committee noted that this matter had been referred back to the Committee by the Sheriff and after hearing the representative of the Chief Constable, agreed that consideration of the matter be deferred to a future meeting.

BRUCE D MACKIE, Convener.