Licensing Committee - 06/03/2003

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

Present:-

COUNCILLORS

Councillor REGAN, Convener, in the Chair.

The minute of meeting of this Committee of 6th February, 2003 was held as read.

Unless marked thus * all items stand delegated.

I LOTTERIES AND AMUSEMENTS ACT 1976

(a) APPLICATION FOR PERMIT FOR AMUSEMENTS WITH PRIZES

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

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

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

In the case of applications 14, 15 and 16 the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) PUBLIC PROCESSION

There was submitted an application by Mr Alan Mitchell on behalf of the Apprentice Boys of Derry, to hold a public procession on Saturday, 29th March, 2003.

The Committee, after having heard a representative on behalf of the applicants and consideration of observations received from the Planning and Transportation Department and the advice of the representative of the Chief Constable, agreed that the application be granted, subject to conditions and that the procession commence at 9.00 am on Saturday, 29th March, 2003.

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

There was submitted the undernoted 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.

(d) SECOND HAND DEALER'S LICENCE - RENEWALS

On a reference to Article III(h)(2) of minute of meeting of 26th September, 2002 there was submitted the undernoted application.

The Committee, after hearing an agent on behalf of the applicant and consideration of the observations from the Environmental Health Officer agreed that the application be granted until 31st May, 2003.

(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 applications 1 to 9 there being no objections, the Committee agreed that the applications be granted.

In the case of applications 10, 11, 13 and 14 the Committee, after noting that the applicants had failed to pass the Street Knowledge Test within the prescribed period, agreed that the applications be refused.

In the case of application number 12 the Committee, after hearing the applicant on his own behalf, agreed that the application be withdrawn from consideration.

(g) SUSPENSION HEARINGS - TAXI LICENCES

(i) There was submitted a letter by the Plant and Vehicle Officer indicating that Mr Alexander Alexander had failed to re-submit his taxi within the prescribed 21 day period following initial test in relation to painterwork defects.

After hearing the Plant and Vehicle Officer, and having heard a representative on behalf of the licence holder, the Committee agreed that no further action be taken subject to confirmation that the taxi had passed the test to the satisfaction of the Plant and Vehicle Officer and that the licence holder be given a warning about future non-compliance.

(ii) There was submitted a letter by the Plant and Vehicle Officer indicating that Mr John Clarke had failed to re-submit his taxi within the prescribed 21 day period following initial test in relation to painterwork defects.

After hearing the Plant and Vehicle Officer, and having heard a representative on behalf of the licence holder, the Committee agreed that no further action be taken subject to confirmation that the taxi had passed the test to the satisfaction of the Plant and Vehicle Officer and that the licence holder be given a warning about future non-compliance.

(iii) There was submitted a letter by the Plant and Vehicle Officer indicating that Valerie G Howie had failed to re-submit her taxi within the prescribed 21 day period following initial test in relation to painterwork defects.

After hearing the Plant and Vehicle Officer, the representative of Tayside Police and having heard a representative on behalf of the licence holder and the licence holder on her own behalf and consideration of additional information tabled by the licence holder, the Committee agreed that no further action be taken and that the licence holder be given a warning about future non-compliance.

(iv) There was submitted a letter by the Plant and Vehicle Officer indicating that Lynda Kelly had failed to re-submit her taxi within the prescribed 21 day period following initial test in relation to painterwork defects.

After hearing the Plant and Vehicle Officer, and having heard a representative on behalf of the licence holder, the Committee agreed that no further action be taken and that the licence holder be given a warning about future non compliance.

(v) There was submitted a letter by the Plant and Vehicle Officer indicating that Mr Charles Kinmond had failed to re-submit his taxi within the prescribed 21 day period following initial test in relation to painterwork defects.

After hearing the Plant and Vehicle Officer, and having heard a representative on behalf of the licence holder, the Committee agreed that no further action be taken and that the licence holder be given a warning about future non compliance.

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 DRIVER'S LICENCE - RENEWALS

(i) On a reference to Article IV(e) of minute of meeting of 26th September, 2002 there was submitted an application by Mr G P for renewal of his Taxi Driver's Licence.

The Committee, after hearing the applicant on his own behalf and the observations of a representative of Tayside Police, agreed that the application be granted for a period of three months.

(ii) On a reference to Article IV(e) of minute of meeting of 26th September, 2002 there was submitted an application by Mr D R for renewal of his Taxi Driver's Licence.

The Committee, after hearing the applicant on his own behalf and the observations of a representative of Tayside Police, agreed that the application be granted for a period of six months.

(iii) On a reference to Article XXXVII of minute of meeting of the Renewal of Licence Sub-Committee of 9th September, 2002 there was submitted an application by Mr D S for renewal of his Taxi Driver's Licence.

The Committee, after being advised that the applicant was not present and noting that there were no objections, agreed that the application be granted.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

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

The Committee, after being advised that the applicant was not present and having agreed that the application be considered in their absence, agreed that the application be refused.

(ii) There was submitted an application by Mr M M 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 his own behalf and consideration of letters of support which had been submitted by the applicant, the Committee agreed that the application be refused.

(c) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr D B for a Window Cleaner's Licence.

The Committee, after noting that the applicant was not present, agreed that consideration of the application be deferred to the next meeting of the Committee to allow the applicant to attend.

(ii) On a reference to Article III(d)(iii) of minute of meeting of 7th November, 2002 there was submitted an application by Mr F D for a Window Cleaner's Licence.

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

Thereafter, having heard a representative on behalf of the applicant, the Committee agreed that the application be granted for a period of six months.

(d) SUSPENSION HEARING - TAXI DRIVER

On a reference to Article IV(d)(i) of minute of meeting of 9th January, 2003 there was submitted a letter of complaint by the Chief Constable relative to the conduct of Mr J R.

Part of the complaint referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the advice of the Legal Officer and the Chief Constable's representative as to their age and nature, the Committee agreed that these be considered since justice could not otherwise be done.

After hearing an agent on behalf of the licence holder, the Committee agreed that no further action be taken.

GEORGE REGAN, Convener.