Licensing Committee - 02/10/2003

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd October, 2003.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 17th September, 2003 was held as read.

Unless marked thus * all items stand delegated.

I LOTTERIES AND AMUSEMENTS ACT, 1976

(a) APPLICATIONS FOR PERMITS FOR AMUSEMENTS WITH PRIZES

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

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - new applications

There were submitted the undernoted applications:-

Councillor Sturrock left the room prior to consideration of the following applications.

Councillor Dick declared a non-financial interest in application number 24 and left the room prior to its consideration, then re-entered the room prior to consideration of application number 25.

In the case of application numbers 1 to 23, there being no objections, the Committee agreed that the applications be granted.

In the case of application number 24, the Committee, after hearing the applicant on his own behalf and the observations of the officer from the Private Sector Grants Unit, agreed that the application be refused.

In the case of application numbers 25 to 52, the Committee agreed that consideration of these applications be deferred to a future meeting.

(b) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

Councillor Sturrock re-entered the room prior to consideration of the following applications.

There were submitted the undernoted applications:-

Prior to consideration of the applications the Convener, Bailie Mackie, intimated that a policy on late night catering would be formulated and that consultation with the trade would take place at a later date but in the meantime, he suggested that any applications which were granted should be for the period to 31st December, 2003.

In the case of application number 1, the Committee, after hearing a representative on behalf of the applicant and the observations of the Environmental and Trading Standards Department and receiving confirmation that the Duty of Care Notice had now been received, agreed that the application be granted until 31st December, 2003 on the basis that the hours of opening for Friday and Saturday be amended to 11 pm to 4 am.

In the case of application number 2, the Committee, after hearing the applicant on his own behalf and the observations of the Environmental and Trading Standards Department, agreed that the application be considered incompetent due to the non-submission of the Duty of Care Notice.

In the case of application numbers 3, 5, 8, 9, 10, 11, 12, 14 and 15, there being no objections, the Committee agreed that the applications be granted until 31st December, 2003.

In the case of application number 4, the Committee, after hearing an agent on behalf of the applicant and a representative on behalf of the objectors, agreed that the application be granted until 31st December, 2003.

In the case of application numbers 6 and 7, the Committee, having being advised that the applicants were not present, agreed that consideration of the applications be deferred until the meeting of the Licensing Committee to be held in December, 2003.

In the case of application number 13, the Committee, after noting that the applicant was not present, agreed that consideration of the application be deferred to a future meeting of the Committee.

(c) LATE HOURS CATERING LICENCE - RENEWALS

There were submitted the undernoted applications:-

Councillor Roberts declared a non-financial interest in application number 1 and left the room prior to its consideration.

In the case of application number 1, the Committee, after hearing the applicant on their own behalf and a representative on behalf of the objectors and the observations of the Environmental and Trading Standards Department, agreed that the application be granted until 31st December, 2003.

Councillor Roberts re-entered the room prior to consideration of application number 2.

In the case of application number 2, the Committee noted that there was no one present on behalf of the objectors and after hearing an agent on behalf of the applicant and the observations of Tayside Police, agreed that the application be granted until 31st December, 2003.

In the case of application numbers 3, 4, 5, 6 and 10, there being no objections, the Committee, after noting that the Duty of Care Notices had been submitted, agreed to the applications being granted until 31st December, 2003.

In the case of application number 7, the Committee noted that the applicant was not present and after hearing an officer from the Environmental and Trading Standards Department, and receiving confirmation that the Duty of Care Certificate had been lodged, agreed that the application be granted until 31st December, 2003 subject to a satisfactory inspection by the Environmental and Trading Standards Department prior to the premises reopening.

In the case of application number 8, the Committee, after hearing a representative on behalf of the applicant, agreed that consideration of this application be deferred for one month.

(d) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

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

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

(f) SECOND HAND DEALER'S LICENCE - RENEWALS

There was submitted the undernoted application:-

In the case of this application, the Committee, after noting that the applicant was not present, agreed that the application be considered in their absence and after hearing the observations of the Environmental and Trading Standards Department, agreed that the application be refused.

(g) STREET TRADER'S LICENCES - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application number 1, the Committee, after hearing the applicant on his own behalf and the observations of the Environmental and Trading Standards Department and having considered a letter submitted by the applicant confirming arrangements about the disposal of waste water from his business, agreed that the application be granted subject to consent being received from SEPA that they were satisfied with the procedure within the following twenty eight days.

In the case of application number 2, the Committee, after hearing the applicant on her own behalf and receiving confirmation from the officer of the Environmental and Trading Standards Department that an inspection of the van to be used in the operation of the business had been carried out to their satisfaction, agreed that the application be granted.

(h) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

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

(i) APPLICATION FOR USE OF CITY SQUARE/MURRAYGATE - BIBLE BAPTIST CURCH

The Convener agreed that this item of business be considered as a matter of urgency in terms of Standing Order No 52(3)(b) in view of the timescales involved.

There was tabled an application by Mr Jim Van Voltenberg on behalf of the Bible Baptist Church for the use of City Square/Murraygate for the purpose of acoustic preaching on Thursday, 18th September and Thursday, 16th October, 2003 and every other Thursday following those dates.

In the case of this application, the Committee, after being advised that the applicant was not present, agreed that the application be considered in their absence and thereafter agreed that the application be granted for Thursday, 18th September and Thursday, 16th October, 2003 only.

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 1 of Schedule 7A to the above Act.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING - RENEWALS

(i) There was submitted an application by Mr G A for renewal of his Late Hours Catering Licence.

The Committee, after being advised that the applicant was not present, agreed that the application be considered in their absence and after hearing the observations of an officer from the Environmental and Trading Standards Department, agreed that the application be declared incompetent as the Duty of Care Notice had not been submitted.

(ii) There was submitted an application by Ms A N for renewal of her Late Hours Catering 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 Offenders 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 an agent on behalf of the applicant, the Committee agreed that the application be granted until 31st December, 2003.

(b) LATE HOURS CATERING - NEW APPLICATION

There was submitted an application by Mr M Y for a Late Hours Catering Licence.

The Committee, after hearing the Legal Officer in relation to a letter of representation which had been lodged by Tayside Police and having noted that a substitute letter had been tabled in this regard and that the applicant's agent was in agreement to this, agreed that the application be granted until 31st December, 2003 subject to review by the Environmental and Trading Standards Department.

(c) PUBLIC PROCESSION

There was submitted a notification of a public procession to be held on Sunday, 2nd November, 2003 at 2.00 pm and after hearing an agent on behalf of the organisers of the procession and the observations of the Chief Constable, the Lord Provost, seconded by Bailie Corrigan, moved that an order be imposed prohibiting the procession on the basis that it may be detrimental to public safety on the basis of Police observations.

As an amendment, the Convener, Bailie Mackie, seconded by Bailie Powrie, moved that an order be issued, subject to the Council's standard conditions for public processions and also (1) that the march commence at 9 am instead of 2 pm, and (2) the maximum number of participants be restricted to 75.

On a division, there voted for the motion, the Lord Provost, Bailie Corrigan and Councillor Barrie (3); and for the amendment, the Convener, Councillors Sturrock, Dick, Dawson, Roberts, Webster and Bailie Powrie (7).

Thereafter the amendment was declared carried and the order was issued.

(d) STREET TRADERS - NEW APPLICATION

There was submitted an application by Mr R M for a Street Trader's Licence.

The Committee, after hearing the applicant on his own behalf and consideration of the letter of representation submitted by Tayside Police, agreed that consideration of the application be deferred until the December meeting of the Licensing Committee.

(e) TAXI DRIVERS LICENCES - 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 the application be deferred until the November meeting of the Licensing Committee.

(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 the November meeting of the Licensing Committee.

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

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

(f) TAXI DRIVERS LICENCES - NEW APPLICATION

There was submitted an application by Mr J M for a Taxi Driver's Licence.

The Committee, after hearing the applicant on his own behalf and consideration of the letter of objection submitted by Tayside Police, agreed that the application be granted for a period of one year.

(g) WINDOW CLEANER'S LICENCES - NEW APPLICATIONS

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

The Committee, after hearing the applicant on his own behalf and consideration of the letter of objection submitted by Tayside Police, agreed that the application be granted for a period of one year.

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

The Committee, after hearing the applicant on his own behalf and consideration of the letter of objection submitted by Tayside Police, agreed that the application be granted for a period of one year.

BRUCE D MACKIE, CONVENER