Licensing Committee - 20/11/2003

At a MEETING of the LICENSING COMMITTEE held at Dundee on 20th November, 2003.

Present:-

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 11th November, 2003 was held as read.

Unless marked thus * all items stand delegated.

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - TAXI LICENCES

(a) POLICY MATTERS - ACCESSIBLE VEHICLES

Prior to consideration of this item of business the Convener invited and heard deputations from interested parties present on any matters that they would wish the Committee to consider in this regard.

On a reference to Article I(b) of the minute of meeting of 11th November, 2003 wherein it was agreed that the policy on taxis be reviewed and that a condition be imposed requiring that all new or replacement vehicles be accessible there was submitted agenda note AN516-2003 reporting on vehicles which may be deemed as accessible and proposed arrangements for further additions to the list.

Following discussion the Committee agreed:-

(i) that the Euro 7 Taxi; TX11; TX1; Volkswagen Caravelle; Volkswagen Transporter; Fiat Doblo, Fiat Scudo and Mercedes Travel Liner form the basis of the list of accessible vehicles.

(ii) that other types of vehicles either purpose built or adapted which may also be capable of meeting the needs of passengers with a disability be referred to the Plant and Vehicle Officer and the Cabs Enforcement Officer and that their findings be reported to the Committee for decision as to whether the particular vehicle should be added to the list of approved accessible vehicles subject to their meeting the specification of the British Low Volume type approval for Conversions or being purpose built.

(iii) that saloon cars with a "swivel seat" in the front passenger seat be not recognised as accessible (whether adapted or not) as there were sufficient numbers of saloon cars in service as taxis to satisfy the needs of the groups of disabled persons who had indicated that type of vehicle was their preferred mode of transport.

(b) REVIEW OF TAXI LICENCE CONDITIONS

Prior to consideration of this item of business the Convener invited and heard deputations from interested parties present on any matters that they would wish the Committee to consider in this regard.

On a reference to Article I(b) of minute of meeting of 11th November, 2003 wherein it was agreed that the policy on taxis be reviewed there was submitted agenda note AN517-2003 reporting on the proposals for the review of Taxi Licence Conditions in this regard.

Following discussion the Committee agreed:-

(i) that the following additional condition to added to the grant of new Taxi licences:-

"Any vehicle placed on service as a taxi, or any subsequent replacement vehicle, must as a minimum have British Low Volume Type Approval and a certificate to that effect which identifies the vehicle by its vehicle identification number (VIN) from the Vehicle Certification Agency must be provided to the Cabs Enforcement Officer prior to the vehicle being submitted for test."

(ii) that condition 31 of the taxi licence conditions be not applied to any new taxi licences granted but that it remain in place in terms of existing licences which had been granted; and

(iii) that it be remitted to the Depute Chief Executive (Support Services) to consider whether or not to grant extensions to the 28 day period for an accessible vehicle being placed on service as and when required.

(c) APPLICATIONS - TAXI LICENCE

There were submitted the undernoted applications. Dundee Taxi Association had submitted identical objections, all of which were signed, to all applications.

The Committee gave consideration to the objection which had been submitted by the Dundee Taxi Association in relation to all the applications submitted and after hearing the advice of the Legal Officer agreed that the objections be considered as not relevant.

In the case of applications Nos 1, 8, 20, 27, 28 and 29 the Committee noted that these applications had been withdrawn from consideration by the applicants.

In the case of applications Nos 2, 4, 6, 7, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 25, 26, 30, 31 and 32 the Committee after receiving assurances from each of the applicants that they understood the new conditions in relation to the granting to taxi licences and receiving assurances from each of the applicants that they would place in service an accessible vehicle agreed that the applications be granted.

In the case of application Nos 12, 14 and 21 the Committee after having heard an agent on behalf of the applicants and after receiving assurances that each of the applicants understood the new conditions in relation to the granting of taxi licences and receiving assurances that each of the applicants would place in service an accessible vehicle agreed that the applications be granted.

In the case of application Nos 3, 5, 9 and 24 the Committee after noting that the applicants were not present agreed that consideration of these applications be deferred to a future meeting of the Committee to allow the applicants to attend.

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) TAXI LICENCE - APPLICATIONS

(i) There was submitted an application by Mr T C for a Taxi Licence.

The Committee after being advised that the applicant was not present agreed that consideration of the application be deferred to a future meeting of the Committee.

(ii) There was submitted an application by Mr R S for a Taxi Licence.

The Committee, after being advised that the applicant was not present, agreed that the application be considered in their absence, thereafter 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 Constables representative as to their age and nature agreed that they not be considered.

Thereafter the Committee agreed that the application be refused.

Councillor Christina Roberts declared a non-financial interest in the following application and left the room prior to its consideration.

(iii) There was submitted an application by Mr S P for a taxi 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, the Committee agreed that the application be refused.

Councillor Christina Roberts re-entered the room prior to consideration of the following application.

(iv) There was submitted an application by Mr J F for a Taxi Licence.

The Committee after hearing the agent on behalf of the applicant and the advice of the Legal Officer gave consideration to a late 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 Constables representative as to their age and nature the Committee agreed that they be considered since justice could otherwise not be done.

Thereafter, the Committee noted that the application had been withdrawn from consideration by the agent on behalf of the applicant following the instruction of their client.

BRUCE D MACKIE, Convener.