Licensing Committee - 06/02/2003

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th February, 2003.

Present:-

COUNCILLORS

Councillor REGAN, Convener, in the Chair.

The minute of meeting of this Committee of 9th January, 2003 was held as read.

Unless marked thus * all items stand delegated.

I STREET PARADES/PROCESSIONS

SAFETY OF PARTICIPANTS/IDENTIFICATION OF STEWARDS

There was submitted a letter by the Chief Constable on the responsibility of organisers of parades and marches to ensure the safety of participants through the provision of sufficient numbers of stewards and that stewards should be readily identifiable for this purpose.

After hearing the representative of Tayside Police, the Committee agreed that direction be given to organisers of parades and marches, that stewards be required to wear high visibility tabards or jackets with the word Steward thereon and that they be a colour distinct from those worn by Tayside Police.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION NEW APPLICATIONS

There were submitted the undernoted applications:-

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

In the case of application Nos 9, 10 and 11, the Committee agreed that they be deferred to a future meeting for consideration.

(b) LATE HOURS CATERING LICENCE - RENEWAL

On a reference to Article II (c) of the minute of meeting of 7th November, 2002, there was submitted the under noted application:-

In the case of this application, the Committee, after hearing the applicant on his own behalf and consideration of the observations of the Environmental Health Officer, agreed that the application be granted until 31st May, 2003.

(c) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application Nos 1 and 2, the Committee gave consideration to a letter of observation which had been submitted by the Chief Constable and after hearing the representative of Tayside Police, agreed that the applications be granted subject to the conditions of Tayside Police.

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

(d) SECOND HAND DEALER'S LICENCE - NEW APPLICATION

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

(e) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

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

In the case of application No 11, the Committee, after hearing the applicant on his own behalf, agreed that the application be withdrawn and resubmitted to a future meeting of the Committee at no further cost.

In the case of application Nos 12 and 13, the Committee noted that the application had been withdrawn from consideration by the applicants.

(g) STREET TRADERS LICENCES - ADDITIONAL CONDITION

On a reference to Article I(b) of the minute of meeting of 9th January, 2003, there was submitted Agenda Note AN91-2003.

After consideration, the Committee agreed that the undernoted condition be added to the conditions for licensing of Street Traders with immediate effect and that existing licences be varied:-

"19. The Street Trader shall not sell or expose for sale any article which:-

(a) promotes, or is related to, any organisation which has been proscribed in terms of Part II of, and Schedule 2 to, the Terrorism Act 2000;

(b) contains any material of an offensive, sectarian or racist nature."

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.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVERS' LICENCES - NEW APPLICATIONS

(i) There was submitted an application by Mr N C 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 application on his own behalf, the Committee agreed that the application be granted.

(ii) There was submitted an application by Mr J C 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 an agent on behalf of the applicant, the Convener, seconded by Councillor Petrie, moved that the application be refused.

As an amendment, Councillor Sawers, seconded by Councillor Dawson, moved that the application be granted for a period of six months.

On a division, there voted for the motion - the Convener, Lord Provost Letford, and Councillors Wright, Mackie and Petrie (5); and for the amendment - Councillors Shimi, Ward, Sawers, Beattie, Dawson, Barrie and Powrie (7) - whereupon the amendment was declared carried and the application was granted for a period of six months.

Councillor Shimi declared an interest in the following application and left the Chamber prior to it being considered.

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

The Committee agreed that consideration of this application be deferred to a future meeting.

GEORGE REGAN, Convener.