Licensing Committee - 26/06/2003

At a MEETING of the LICENSING COMMITTEE held at Dundee on 26th June 2003.

Present:-

COUNCILLORS

Councillor MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 5th June 2003 was held as read.

Unless marked thus * all items stand delegated.

I MEMBERSHIP OF LICENSING COMMITTEE

There was submitted Agenda Note AN329-2003 advising that Councillor Borthwick had indicated that he did not wish to accept his appointment as a member of the Licensing Committee and that he had submitted his resignation with immediate effect. The Committee noted that this matter would be reported to the next meeting of the City Council.

II LICENSING SUB-COMMITTEE - ESTABLISHMENT

There was submitted Agenda Note AN330-2003 advising that the Committee may wish to set up a Licensing Sub-Committee. The Licensing Sub-Committee would comprise any three members of the Licensing Committee.

The Committee agreed the terms of reference for the sub-committee as detailed in the note and that the composition be made up on the basis of the Convener and one member of the Administration and one member of the SNP as far as was practicable with the quorum being three members.

III TAXI LIAISON GROUP - RECONSTITUTION

There was submitted Agenda Note AN331-2003 advising that the Committee may wish to set up a Taxi Liaison Group.

The Committee agreed to the reconstitution of the Group and that it could be attended by any member of the Licensing Committee and representatives of the Taxi Trade.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of applications 1 - 8, there being no objections, the Committee agreed that the applications be granted subject to the conditions of the Private Sector Grant Unit.

In the case of application No 9, there being no objections, the Committee agreed that the application be granted.

In the case of applications Nos 10 - 30 the Committee agreed that consideration of these applications be deferred to a future meeting.

(b) LATE HOURS CATERING 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 a satisfactory inspection by the Environmental Health Department.

In the case of applications Nos 2, 3 and 4, there being no objections, the Committee agreed that the applications be granted

In the case of application No 5, there being no objections, the Committee agreed that the application be granted until the September meeting of the Committee.

In the case of application No 6, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of application No 7, there being no objections, the Committee agreed that this application for a temporary licence be granted.

In the case of application No 8, the Committee, after hearing the applicant on his own behalf and consideration of the observations of the representative of Tayside Police agreed that consideration be deferred until the Special Meeting of the Licensing Committee to be held on 3rd July 2003 to allow Tayside Police to conclude their enquiries.

In the case of application No 9, the Committee, after hearing the applicant on his own behalf and consideration of observations of the representative of Tayside Police agreed that consideration of this application be deferred until the Special Meeting of the Licensing Committee to be held on 3rd July 2003 to allow Tayside Police to conclude their enquiries.

(c) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application No 1, the Committee, after hearing the observations of an officer from Environmental Health agreed that the application be granted subject to the applicant submitting a risk assessment two to three weeks prior to the show commencing and a satisfactory inspection by Environmental Health.

In the case of application No 2, there being no objections, the Committee agreed to the application be granted subject to a satisfactory inspection by Environmental Health.

In the case of application No 3, there being no objections, the Committee agreed that the application for a temporary licence be granted.

(d) 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, after hearing the applicant on his own behalf and the observations of an Officer from Environmental Health agreed that the application be granted subject to a satisfactory inspection by Environmental Health and the applicants adhering to regulations that cars for sale would not be displayed on the public highway.

In the case of application No 2, there being no objections, the Committee agreed that the application be granted.

In the case of applications Nos 3, 4 and 5, there being no objections, the Committee agreed that the applications for temporary licences be granted.

In the case of application No 6, the Convener agreed that this application be considered in terms of Standing Order 52(3)(b) and in view of the timescales, thereafter having noted that there were no objections, the Committee agreed that the application for temporary licence be granted subject to the applicant adhering to regulations in relation to the non-display of vehicles for sale on the public highway.

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application Nos 1 to 4, there being no objections, the Committee agreed that the applications be granted.

In the case of application No 5, the Committee noted this application had been withdrawn from consideration by the applicant.

In the case of application Nos 6 and 7, the Committee noted that these applicants had failed to pass the street test within the prescribed period and agreed that the applications be refused.

(f) PRIVATE HIRE CAR LICENCES

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

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, 9 and 14 of Part I of Schedule 7A to the above Act.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - RENEWALS

(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 this application be deferred until the meeting of the Licensing Committee to be held in September 2003 to allow the applicant to be present.

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

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

Thereafter, having heard the applicant on his own behalf and the observations of the representative of Tayside Police agreed that the application be granted until May 2005.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

(i) There was submitted an application by Mr Z A for a licence to operate a house in multiple occupation.

The Committee gave consideration to a letter of objection which had been submitted by the Private Sector Grants Unit relative to this application.

Thereafter, having heard the applicant on his own behalf and the observations of the officer from the Private Sector Grants Unit, the Committee agreed that the application be granted.

(c) STREET TRADERS - NEW APPLICATION

(i) There was submitted an application by Mr S D for a Street Trader'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 Offender's 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, the Committee agreed that the application be granted for a period of one year.

(d) WINDOW CLEANER - NEW APPLICATION

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

Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be granted for a period of one year subject to the adherence of the condition in relation to the display of appropriate identification.

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

Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be granted for a period of one year subject to the applicant wearing the appropriate badge of identification as required.

(e) TAXI DRIVERS - NEW APPLICATIONS

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

The Committee gave consideration to the letter of objection which had been submitted by the Chief Constable relative to this application. Thereafter, having heard the applicant on his own behalf and consideration of a spent conviction which was held by the applicants, the Committee agreed that the application be refused.

(ii) There was submitted an application by Mr R F 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 and spent convictions which were held by the applicant.

Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that the application be granted for a period of one year.

(iii) There was submitted an application by Mr B R 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 and spent convictions which were held by the applicant.

Thereafter, having heard the applicant on his own behalf in consideration of the letter of support which had been tabled by the applicant, the Committee agreed that the application be granted for a period of two years.

(f) TAXI DRIVERS - SUSPENSION HEARINGS

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

Thereafter, the Committee having noted that the licence holder was not present and being advised by the Clerk that the licence holder had been disqualified from holding a taxi licence, noted that no further action was required.

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

Thereafter, the Committee having been advised that the licence holder was not present and after hearing the representative of Tayside Police, agreed that the suspension be continued with immediate effect until the meeting of the Licensing Committee to be held in September 2003.

BRUCE D MACKIE, Convener.