Licensing Committee - 03/06/2004

At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd June, 2004.

Present:-

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 6th May, 2004 was held as read.

Unless marked thus * all items stand delegated.

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION

(i) NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application nos. 1 to 7, there being no objections, the Committee agreed that the applications be granted.

In the case of application nos. 8 to 16 the Committee agreed that consideration of these applications be deferred to a future meeting.

(ii) MANDATORY LICENSING OF HOUSES IN MULTIPLE OCCUPATION

Reference was made to Article III(a)(i) of the minute of meeting of the Licensing Committee of 1st March 2001 wherein the Licensing Conditions in respect of houses in multiple occupation were approved and subsequently amended in accordance with Article VI(a) of minute of meeting of Licensing Committee of 6th December 2001.

There was submitted Agenda Note AN229-2004 proposing that the following additional conditions and amended conditions as listed be approved.

Additional Conditions

(i) The granting of a licence requires the licence holder to give notice in writing to every occupier of premises in the same building and the occupiers of adjoining premises which share a common wall, advising them of the name of the licence holder or managing agent, a contact address, daytime telephone number and emergency telephone contact number. This condition of licence must be complied with within 4 weeks of the issuing of a licence, and written documentation lodged with the City Council HMO Section verifying such.

(ii) Actions to secure repossession must only be by lawful means.

(iii) If there is a material change of circumstance affecting the licence-holder or the operation of the HMO, the licence-holder must inform the licensing authority as soon as possible. No alteration must be made to the property without the prior written consent of the authority.

Existing Conditions - Amendments

1. The licensed premises shall comply with Dundee City council's "Standards for Shared Accommodation" as amended.

12. The Licensee will be responsible for the day to day running of the premises, and for ensuring that residents comply with the terms of their Lease and in particular to deal effectively with any anti-social behaviour by tenants to anyone else in the HMO or in the locality of the HMO.

15. The Licensee shall issue receipts for any rental deposits received. Possible reasons deducting any amounts from the deposit should be made clear when the deposit is paid.

16. The Licensee shall refund the rental deposit, or part thereof, within 14 days of any agreed occupancy termination date or as soon as is practicable thereafter. If any deduction is made before its return, the tenant should receive a written statement identifying the reason(s) for the amount deducted.

21. The landlord should ensure that let rooms are fitted with a lever latch and secured with a suitable lock and thumb turn mechanism.

22. The building should be maintained in a reasonable state of repair, having regard to its age, type and location. Garden and environmental areas should also be adequately maintained. Where an HMO is in a shared building the Landlord should co-operate and participate in the general repair and maintenance of the building and the cleaning of common parts.

23. Adequate facilities must be provided for the storage and disposal of refuse. Refuse bins and wheel-bins used at terraced and tenemental property, must be clearly numbered. Refuse and refuse bins must be placed at the kerbside on the morning of the collection and at the earliest on the evening before collection. Refuse must not be stored in the common close or stairwell of tenemental property and refuse bins should be removed from the kerbside as soon as practical after refuse collection.

24. A BT installed telephone line connected to the Local Exchange, to which the residents have access, must be installed in a communal area within the premises by the landlord.

Following discussion the Committee agreed:-

(i) that the additional conditions listed at (i), (ii) and (iii) be approved;

(ii) that the existing conditions listed at 1, 12, 15, 16, 21, 22 and 24 be amended as indicated in bold type; and

(iii) that consideration of amendment to condition 23 be deferred until the meeting of the Licensing Committee to be held in July 2004 so that a report may be submitted on relevant issues.

(iii) MANDATORY LICENSING OF HOUSES IN MULTIPLE OCCUPATION REVISED FEE SCALE

There was submitted report No 467-2004 by the Depute Chief Executive (Support Services) seeking approval for a revised fee scale in respect of initial applications for licence to set up renewal and variation fees and to agree a common renewal date for all future licences.

The Committee agreed that the undernoted revised fee scale for the maximum three year licence linked to a common renewal date be approved.

(b) LATE HOURS CATERING LICENCE RENEWAL

There was submitted the undernoted application:-

In the case of this application the Committee, after noting that there was no one present on behalf of the objectors and after hearing the applicant on their own behalf and the observations of the Planning Officer and Environmental Health Officer agreed that the application be granted subject to the applicant completing the remedial works to the satisfaction of the Planning Department and the Environmental Health Department.

(c) PRIVATE HIRE LICENCE NEW APPLICATION

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

(d) RIDING ESTABLISHMENTS ACT 1964

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

(e) TAXI LICENCES NEW APPLICATIONS

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

(f) TAXI DRIVER'S LICENCES NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of applications nos. 1 to 13 there being no objections the Committee agreed that the applications be granted.

In the case of application No 14 the Committee after noting the applicant was not present agreed that the application be considered in their absence and after being advised that the applicant had failed to pass the street test within the prescribed period agreed that the application be refused.

In the case of applications nos. 15 and 16 the Committee noted that these applications had been withdrawn from consideration by the applicants on their own behalf.

(g) TAXI LICENCE RENEWAL

There was submitted copy letter dated 20th May 2004 from Taxi Licence Holder, Mr George N Payne of 106 Hill Street seeking a variation to his Taxi Operator's licence to allow him to operate a Saloon Type vehicle as a taxi pending the sourcing of an appropriately sized Wheelchair Accessible Vehicle, the cabin of which would be large enough to accommodate him.

The Committee, after hearing the applicant on his own behalf, and a representative on behalf of the applicant and consideration of the advice of the Clerk, agreed that the request for variation be refused.

(h) TAXI FARES

There was submitted report No 263-2004 by the Director of Planning and Transportation on the review of taxi fares following a request from the Dundee Taxi Association (DTA).

The Committee agreed:-

(i) that the proposals of the DTA as detailed in the report amounting to a 5.3% increase be approved;

(ii) that the process for the advertising of the revised fares as outlined by the Clerk be noted; and

(iii) that should there be no objections to the revised fare structure it be implemented from July 2004.

(i) WINDOW CLEANER'S LICENCE NEW APPLICATION

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

(j) SEX SHOP LICENSING

There was submitted report No 405-2004 by the Depute Chief Executive (Support Services) advising of options available when dealing with applications for sex shops.

The Committee agreed:-

(i) that each application be considered on its merits as outlined in the report;

(ii) that the conditions as outlined in the report be approved; and

(iii) that the fee for a Sex Shop Licence application be 235.

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.

II CIVIC GOVERNMENT (SCOTLAND) ACT, 1982

(a) TAXI DRIVER'S LICENCE - RENEWAL

(i) There was submitted an application by Mr G P for renewal of his Taxi Driver'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 R F for renewal of his Taxi Driver's Licence.

The Committee noted that this application had been granted at its meeting in June 2003 for one year only upon consideration of a letter of representation from Tayside Police which was submitted and after hearing the representative of the Chief Constable agreed that the application be granted.

(b) WINDOW CLEANER'S LICENCE RENEWAL

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.

(c) WINDOW CLEANER'S LICENCE SUSPENSION HEARING

On a reference to Article I of the minute of meeting of the Licensing Sub-Committee of 28th April 2004 there was submitted a letter of complaint by the Chief Constable relative to the fitness of Mr W R to be the holder of a Window Cleaner's Licence.

The Committee, after hearing the licence holder on their own behalf, a representative of the licence holder and consideration of a letter of support which had been tabled on behalf of the licence holder and the observations of a representative of the Chief Constable agreed that no further action be taken.

(d) TAXI OPERATOR/TAXI DRIVER'S LICENCES SUSPENSION HEARING

On a reference to Article I(b)of the minute of meeting of Licensing Sub Committee of 15th March 2004 there was submitted a letter of complaint by the Chief Constable relative to the fitness of Mr J F to be the holder of a Taxi Operator's Licence and a Taxi Driver's Licence.

The Committee, after consideration of the advice of the legal officer agreed that the Suspension Hearing in relation to the Taxi Operator and Taxi Driver's Licences held by Mr J F be deferred to the meeting of the Licensing Committee to be held in July 2004.

BRUCE D MACKIE, Convener.