Licensing Committee - 04/09/2003

At a MEETING of the LICENSING COMMITTEE held at Dundee on 4th September 2003.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 30th July 2003 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF LICENSING SUB-COMMITTEE OF 25TH AUGUST 2003

The minute of meeting of Licensing Sub-Committee of 25th August 2003 was submitted and noted for record purposes, a copy of which is attached as an appendix.

II LICENSING SUB-COMMITTEE - TERMS OF REFERENCE

On a reference to Article II of minute of meeting of Licensing Committee of 26th June 2003, wherein it was agreed that a Licensing Sub-Committee be established there was submitted Agenda Note AN406-2003 which proposed that the terms of reference for the Sub-Committee be amended to include the following additional power:-

(iv) Consider requests for variation of taxi licence conditions to allow advertising on taxis.

The Committee agreed that the terms of reference for the Licensing Sub-Committee be amended to include the above additional term of reference.

III LOTTERIES AND AMUSEMENTS ACT 1976

In relation to the following item of business the Convener declared a non-financial interest by virtue of his appointment as a Director of the Ice Arena Board and vacated the Chair whereupon the Chair was taken by the Depute Convener for this item only.

(a) APPLICATION FOR PERMIT FOR AMUSEMENTS WITH PRIZES

There being no objections the undernoted application was granted:-

IV THEATRES ACT 1968

(a) APPLICATION FOR A LICENCE FOR THE PUBLIC PERFORMANCE OF PLAYS - NEW APPLICATION

There being no objections the undernoted application was granted:-

V ZOO LICENSING ACT 1981

(a) APPLICATION FOR RENEWAL OF ZOO LICENCE BY DUNDEE CITY COUNCIL PER S GRIMMOND - CAMPERDOWN WILDLIFE CENTRE

In the case of the above application, after having considered the Inspector's report together with the comments of the applicant, Councillor Morrow seconded by Councillor Fordyce moved that the application be refused.

As an amendment, Councillor Corrigan seconded by Councillor Roberts, moved that the application be granted subject to a periodic inspection to ensure that the zoo had addressed the issues of concern indicated in the Inspector's report and that the Inspector report back to the Committee in this regard by March 2004.

On a division, there voted for the motion - Lord Provost Letford and Councillors Morrow, Dick and Fordyce (4); and for the amendment - The Convener and Councillors Sturrock, Grant, Dawson, Roberts, Corrigan and Webster (7) whereupon the amendment was declared carried and the application was granted subject to the conditions stated in the report.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) DUNDEE TAXI CAB COMPANY - REQUEST FOR VARIATION OF LICENCE

There was submitted Agenda Note AN408-2003 reporting that Mr Colin Wyllie of 16 Clement Park Road, Dundee had taken over responsibility from Mr Larry Duncan for the day to day management of the Dundee Taxi Cab Company (203020 Private Hire). The Committee agreed to vary the terms and conditions of all private hire licences held by the Dundee Taxi Cab Company to take account of this change.

(c) HOUSES IN MULTIPLE OCCUPATION

Councillors Fordyce, Grant and Sturrock left the room prior to consideration of the following applications.

There were submitted the undernoted applications:-

In the case of Applications 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 an Agent on behalf of the applicant and having considered the observation of an Officer from Tayside Fire Brigade, a representative of Building Control, a representative of the Planning Department and the observations of the Private Sector's Grant Unit agreed that the application be granted for three months subject to the applicant completing the works identified within the following month.

In the case of Application Nos. 12 - 20, the Committee agreed that consideration of these applications be deferred to a future meeting.

(d) APPLICATIONS FOR PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(e) PUBLIC ENTERTAINMENT LICENCES - NEW APPLICATIONS

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

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

Councillors Fordyce and Sturrock re-entered the room prior to consideration of the following applications.

Councillor Grant re-entered the room prior to consideration of Application No. 5.

There were submitted the undernoted applications:-

In the case of Application No. 1, 3, 6, 7 and 8, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No. 2, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Application No. 4, after hearing a representative on behalf of the applicant and the observations of the Environmental Health Department, Councillor Dawson seconded by Councillor Fordyce moved that the application be deferred.

As an amendment the Convener seconded by the Lord Provost moved that the application not be deferred.

On a division there voted for the motion - Councillors Dawson, Roberts and Fordyce (3); and for the amendment - the Convener, the Lord Provost and Councillors Sturrock, Morrow, Dick, Corrigan and Webster (7); whereupon the amendment was declared carried and the application was considered. Thereafter the Committee agreed that the application be granted for a period of three months.

In the case of Application No. 5, the Committee, after hearing a representative on behalf of the applicant and the observations of the Environmental Health Department agreed that the application be granted for a period of three months.

In the case of Application No. 9, the Committee, after noting that the applicant was not present agreed that the application be deferred for consideration to a future meeting of the Committee.

In the case of Application No. 10, the Committee, after hearing a representative on behalf of the objectors, an Agent on behalf of the applicant and the observations of Tayside Police, Tayside Fire Brigade and the Planning Department, agreed that the application be refused.

(g) SECOND HAND DEALER'S LICENCE - RENEWALS

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

(h) STREET TRADER'S LICENCE - NEW APPLICATION

In the case of the undernoted application, the Committee, after noting that the applicant was not present, agreed that consideration of the application be deferred to a future meeting to enable the applicant to attend.

(i) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Applications Nos. 1 - 6, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No. 7, the Convener agreed that this application be considered in terms of Standing Order 52(3)(b) as a matter of urgency and there being no objections the Committee agreed that the application be granted.

In the case of Application No. 8, the Convener agreed that this application be considered in terms of Standing Order 52(3)(b) in view of the time scales and the Committee, after noting that the applicant had failed to pass the street knowledge test within the prescribed period, agreed that the application be refused.

(j) TAXI LICENCE - NEW APPLICATION

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

(k) WINDOW CLEANER'S LICENCE - NEW APPLICATION

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

(l) TAXI LICENCE - SUSPENSION HEARING

There was submitted a report by the Plant and Vehicle Officer in relation to the above named licence holder in relation to painterwork defects which were found during the examination of the owner's vehicle.

Thereafter, the Committee, after hearing the licence holder of his own behalf and consideration of a letter of support which had been submitted by the licence holder agreed that no further action be taken.

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.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SECOND HAND DEALER LICENCE - NEW APPLICATION

There was submitted an application by M Limited for a Second Hand Dealer'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 an agent on behalf of the applicant and observations from the Environmental Health, the Committee agreed that consideration of this application be deferred for two months to allow the applicant to complete the necessary electrical works identified.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr B 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.

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

(c) TAXI DRIVER'S LICENCE - RENEWAL

(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 the application be deferred until a future meeting of the Committee to allow the applicant to be present.

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

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

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

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

(d) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

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

The Committee, after hearing an agent on behalf of the applicant and an Officer from Tayside Police, agreed that the application be granted.

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

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

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

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

(e) TAXI LICENCE - SUSPENSION HEARING

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 noted that the DVLA driving licence held by Mr N W held was forfeit following his conviction at the Sheriff Court of the offences contained within the Chief Constable's complaint.

Consequently, his taxi licence has ceased to be in effect and the hearing was no longer required.

BRUCE D MACKIE, Convener.