Licensing Committee - 09/01/2003

At a MEETING of the LICENSING COMMITTEE held at Dundee on 9th January, 2003.

Present:-

COUNCILLORS

Councillor REGAN, Convener, in the Chair.

The minute of meeting of this Committee of 5th December, 2002 was held as read.

Unless marked thus * all items stand delegated.

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) IMMEDIATE SUSPENSION HEARING SUB-COMMITTEE OF 21ST NOVEMBER 2002

The minute of the above meeting, a copy of which is appended hereto, was submitted for information and record purposes.

(b) STREET TRADING LICENCES

There was submitted a letter from the Minister for Finance and Public Services seeking the cooperation of local authorities towards the prevention of material of a sectarian nature being sold or displayed by Street Traders.

The Committee agreed that the Clerk be remitted to amend the conditions of the licence for Street Traders to take account of this request and to report back to a future meeting of the Committee.

(c) THE TAXI DRIVERS' LICENCES (CARRYING OF GUIDE DOGS AND HEARING DOGS) (SCOTLAND) REGULATIONS 2002

It was reported that the above regulations came into force on 2nd December, 2002 and required the following condition to be attached to all new or renewed licences from 30th March, 2003.

"Where the Taxi has been hired -

(i) by or for a disabled person who is accompanied by a guide dog, a hearing dog or an assistance dog of that person; or

(ii) by a person who wishes such a disabled person to accompany that person in the taxi, the driver of the taxi shall carry the disabled person's dog and allow it to remain with the disabled person and shall not make any additional charge for so doing.

The condition shall not apply where a Notice of Exemption is in force and the Notice is exhibited either by -

(iii) affixing it in a prominent position on the dashboard facing upwards; or

(iv) affixing it to the windscreen of the taxi, facing outwards."

The Committee agreed the conditions which would be attached to all new or renewed licences from 30th March 2003.

(d) REQUEST FOR VARIATION - PRIVATE HIRE CAR LICENCE

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

(e) HUGH KANE - (OP340)

It was reported that the executor of the estate held by Mr. Hugh Kane (OP340) who died on 21st October, 2002 had requested that they be allowed to continue to hold the licence held by the late Mr. Kane until the completion of the administration of the estate.

After consideration, the Committee agreed that an extension be granted for this purpose.

(f) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There were submitted the undernoted applications:-

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

In the case of applications number 2, 3, 4, 5, 6, 7, 8, 9 and 10 the Committee agreed that they be deferred to a future meeting for consideration.

(g) LATE HOURS' CATERING LICENCE - NEW APPLICATIONS

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

(h) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

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

There were submitted the undernoted applications:-

In the case of application numbers 1, 3 and 4 there being no objections, the Committee agreed that the applications be granted.

In the case of application number 2, the Committee, after hearing the applicant on their own behalf and the observations of the officer from Environmental Health, agreed that the application be granted until May 2003.

(j) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application numbers 1, 2, 3, 4, 5, 6, 7. 8, 9. 10. 11 and 12, there being no objections, the Committee agreed that the applications be granted.

In the case of application number 13, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of application number 14, the Committee noted that the applicant had failed to pass the street knowledge test within the prescribed time period and after hearing the applicant on their own behalf agreed that the application be refused.

In the case of application number 15, the Committee, after noting that the applicant had failed to pass the street knowledge test within the prescribed time period, agreed that the application be refused.

(k) TAXI LICENCE

There was submitted the undernoted application.

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

(l) REQUEST FOR SUSPENSION HEARINGS

It was reported that the undernoted Licence Holders had failed to comply with the agreed Test Procedures as regards paintwork defects in that they had failed to resubmit their vehicles for inspection within 21 days of the original test:-

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the 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.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PRIVATE HIRE LICENCE - NEW APPLICATION

There was submitted an application by Mr. S. P. for a Private Hire 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 convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constable's representative as their age and nature, the Committee agreed that they be considered since justice could not otherwise be done. Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted.

(b) TAXI DRIVER'S LICENCE - RENEWALS

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

The Committee gave consideration to letters of representation which had been submitted by the Chief Constable relative to this application.

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

(c) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr. A.F. 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. Part of the objection referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done.

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

(ii) There was submitted an application by Mr. J. H. 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. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done.

Thereafter, having heard the applicant on their own behalf and having giving consideration to a letter of reference, the Committee agreed that the application be granted.

(iii) There was submitted an application by Mr. D.S. 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. Part of the objection referred to convictions which were spent in terms of the Rehabilitiation of Offenders Act and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done.

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

(d) SUSPENSION HEARINGS - TAXI DRIVERS

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

Thereafter, having heard an agent on behalf of the applicant and having giving consideration to letters of reference in support of the applicant, the Committee agreed that consideration of this matter be deferred to a future meeting to allow further investigations to be carried out.

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

Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that no further action be taken.

GEORGE REGAN, Convener.