Licensing Committee - 01/04/2004

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st April, 2004.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 4th March, 2004 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING SUB-COMMITTEE - MINUTE OF MEETING

The minute of meeting of the Licensing Sub-Committee held on 15th March, 2004, a copy of which is attached as an appendix, was submitted and noted for information and record purposes.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Applications Nos 1 - 9, there being no objections, the Committee agreed that the applications be granted.

Councillor Fordyce entered the meeting prior to consideration of Application No 10.

In the case of Application No 10 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 comments of the Housing Officer and consideration of an objection which had been received and the letter of support which had also been lodged agreed that the application be granted.

In the case of Application Nos 11 - 19 the Committee agreed that consideration of these applications be deferred to a future meeting.

(b) LATE HOURS CATERING - RENEWALS

There were submitted the undernoted applications:-

Prior to consideration of the applications which had been submitted, the Convener explained that applications had previously been granted until 31st December 2003 as it had been the intention that a new policy on late hours catering licensing would be formulated following that date. The Convener advised that discussions were continuing in this regard and that further consultation would be undertaken and that as such any applications which may be granted by the Committee would be valid until 30th September 2004 following which it would be hoped that the outcome of the consultation exercise and the proposed policy would be submitted to a meeting of the Licensing Committee in November 2004 for decision.

The Clerk also read out the Code of Practice for late hours catering licence holders and explained the 14 points contained therein, in particular, points 4, 8 and 9 which emphasised the compliance of the licence holder with the conditions therefore contained.

In the case of Application Nos 1 - 8, 10, 11 and 13 - 66, there being no objections, the Committee agreed that the applications be granted until 30th September 2004.

In the case of Application No 9 the Committee, after noting that there was no one present on behalf on the applicant or the objectors agreed that consideration of the application be deferred for a period of one month to allow the applicant and the objectors to be in attendance.

In the case of Application No 12 the Committee, after hearing the applicant on their own behalf and a representative of the objectors and consideration of the comments of the representative of the Chief Constable agreed that the application be granted for a period of three months until 1st July 2004.

(c) LATE HOURS CATERING - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1, 2, 4, 5, 6, 7 and 8, there being no objections the Committee agreed that the applications be granted until 30th September 2004.

In the case of Application No 3 the Committee, after noting that there was no one present on behalf of the applicant or the objectors, agreed that consideration of the application be deferred to a future meeting of the Committee to allow their attendance.

(d) PRIVATE HIRE LICENCE NEW APPLICATION

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

(e) 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 subject to the applicant meeting the cost of policing for the event.

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

(f) PUBLIC ENTERTAINMENT LICENCE - TEMPORARY APPLICATION

In the case of this application, there being no objections, the Committee agreed that the application be granted subject to the applicant submitting a satisfactory risk assessment and insurance details and the completion of a site inspection to the satisfaction of Environmental Health and Trading Standards prior to the show commencing.

(g) PUBLIC PROCESSION NOTIFICATIONS

Councillor Andy Dawson declared a non financial interest in the following application by virtue of the fact that the applicant was known to him and withdrew from the meeting. Councillor Sturrock also withdrew from the meeting prior to consideration of the application.

(i) Dundee Federation of Social Movement

There was submitted a notification of a public procession to be held on Saturday, 1st May, 2004 at 11.30 am by the Dundee Federation of Social Movement and after hearing representatives on behalf of the organisers of the procession and observations of the representative of the Chief Constable, the Committee agreed that the public procession be held subject to the procession commencing at 8 am on Saturday, 1st May, 2004 and that stewarding be on the ratio 1:10 marchers.

(ii) Fred Roshier Memorial Orange Lodge

Councillors Dawson and Sturrock re-entered the room prior to consideration of this application.

There was submitted a notification by the Fred Roshier Memorial Loyal Orange Lodge for a public procession to be held on Saturday, 26th June, 2004 at 8 a.m. and after hearing a representative on behalf of the Lodge and a representative of Tayside Police, the Committee agreed that the procession be held as indicated.

The Lord Provost asked that his dissent to the procession be recorded.

(iii) White Cockade Society

There was submitted a notification by the White Cockade Society for a public procession to be held on Saturday, 10th April, 2004 at 1 p.m after hearing a representative on behalf of the organisation and noting that there were no objections from Tayside Police or Planning and Transportation the Committee agreed that the procession be held as indicated.

(h) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 - 7, there being no objections, the Committee agreed that the applications be granted.

In the case of Application Nos 8 and 9, the Committee noted that these applications had been withdrawn from consideration by the applicants.

(i) LIST OF ACCESSIBLE VEHICLES - ADDITIONS TO LIST

There were submitted the undernoted details:-

In the case of the vehicle listed at No 1, the Committee, after noting that the vehicle had been assessed by the Plant & Vehicle Officer and the Cabs Enforcement Officer and that the necessary certification had been received and that Arnold Clark would act as Agents on behalf of the Manufacturer, agreed that the vehicle be added to the list of accessible vehicles.

In the case of the vehicle listed at No 2, the Committee, after noting that the vehicle had been assessed by the Plant & Vehicle Officer and the Cabs Enforcement Officer and that the necessary certification had been received agreed that the vehicle be added to the list of accessible vehicles.

(j) TAXI LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 1, 4 and 9 there being no objections, the Committee agreed that the applications be granted subject to conditions.

In the case of Application Nos 2, 3, 5, 7 and 8 there being no objections and after noting that the applicants were happy to comply with the conditions in relation to the new policy agreed that the applications be granted subject to conditions.

In the case of Application No 6 the Committee, after hearing the applicant on their own behalf, agreed that consideration of the application be deferred to a future meeting and that the Depute Chief Executive (Support Services) be remitted to submit a report to Committee in relation to the content of the application.

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

(k) TAXI LIAISON GROUP

(i) Taxi Card Scheme

With reference to the meeting of the Taxi Liaison Group held on 29th March 2004 the Committee heard the Clerk in relation to the operation of the Taxi Card Scheme and agreed that in cases where the licence holder failed to comply with the Scheme that suspension hearings be convened in this regard and that steps be taken to vary the conditions of those licence holders who had failed to respond.

(ii) Testing Fees - Taxis

With reference to the meeting of the Taxi Liaison Group held on 29th March 2004 the Committee heard the Clerk in relation to Testing Fees and agreed that the changes to testing fees be implemented as follows:-

Full Test - 41

Pre Test - 31

Re Test - 13 for painterwork defects.

(l) SECOND HAND DEALER'S 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 Committee agreed that consideration of the application be deferred to a future meeting as requested by the agent for the applicant.

(m) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Applications No 1 and 2 there being no objections, the Committee agreed that the applications be granted subject to conditions.

(n) LICENSING OF SEX SHOPS

There was submitted a letter from Messrs Muir Myles Laverty, Solicitors requesting that the Committee gave consideration to issues in relation to the receipt and consideration of applications for Sex Shop Licences. After consideration of the content of the letter the Committee agreed that it be remitted to the Depute Chief Executive (Support Services) to submit a report to a future meeting of the Committee in this regard.

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 this 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.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI LICENCE - NEW APPLICATION

(i) There was submitted an application by Mr J C for a Taxi Licence.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application. Part of the representation referred to crimes which were spent in terms of the Rehabilitation of Offenders Act and after hearing their age and nature the Committee agreed that it be considered since justice could not otherwise be done.

Thereafter, having heard the applicant on their own behalf and the comments of Tayside Police, the Convener, seconded by Councillor Regan moved that the application be granted.

As an amendment, Bailie Corrigan seconded by Councillor Sturrock moved that the application be refused.

On a division, there voted for the motion - the Convener, Councillors Regan, Grant, Andrew Dawson, Bailie Powrie and Councillor Webster (6); and for the amendment - Lord Provost Letford, Councillors Sturrock, Morrow, Dick of the application and Bailie Corrigan (5), Councillor Fordyce not being present at the commencement of discussion whereupon the motion was declared carried and the application was granted subject to conditions.

(ii) There was submitted an application by Mr M S for a Street Trader's Licence.

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

BRUCE D MACKIE, Convener.