Licensing Committee - 02/05/2002

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd May 2002.

Present:-

COUNCILLORS

Councillor REGAN, Convener, in the Chair.

The minute of meeting of this Committee of 28th March 2002 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 CINEMAS ACT 1985

It was reported that a request had been received from DCA for authority to screen an uncertificated film.

After discussion, the Committee agreed that the film be certified suitable for persons 18 years and over and that the DCA be permitted to screen the film subject to the conditions of screening meeting the satisfaction of Tayside Police.

III CIVIC GOVERNMENT (SCOTLAND) 1982

(a) REQUESTS FOR VARIATIONS

There was submitted the undernoted applications:-

In the case of application no 1 the Committee agreed to grant the request for a variation for an extension to the period permitted (28 days).

In the case of application no 2 the Committee agreed that consideration of this item be deferred to a future meeting.

In the case of application no 3 the Committee agreed to grant the application for a further three months to the end of the academic year.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

Councillor Fiona Grant left the meeting prior to consideration of the applications submitted and re-entered the room during consideration of application no 21.

There was submitted the undernoted applications:-

In the case of applications nos 1 to 19 the Committee agreed that consideration of these applications be deferred to a future meeting.

In the case of application no 20 the Committee, after hearing the applicants on their own behalf and taken into account the objection received from the Private Sector Grants Unit, agreed that the application be refused.

In the case of application no 35 the Committee, after having been advised that the applicant was not present and consideration of the objection received from the Private Sector Grants Unit, agreed that the application be refused.

The Committee agreed that the remaining applications be granted.

(c) PUBLIC PROCESSIONS - NEW APPLICATIONS

There was submitted the undernoted applications:-

In the case of application no 1 the Committee, after having heard a representative on behalf of the applicant and consideration of objections received from the Chief Constable and the advice of the Legal Officer, agreed that the application be refused.

In the case of application no 2 the Committee, after having heard a representative on behalf of the applicant and consideration of observations received from the Chief Constable, agreed that the application be granted subject to an appropriate assembly point being agreed at a meeting of the Leisure and Arts Committee and the conditions stipulated by the representative of Tayside Police that the march commence at 8.00 am and that the number of processants meet with their approval.

(d) STREET TRADERS - NEW APPLICATIONS

There being no objections the Committee agreed that the undernoted applications be granted subject to the vehicles to be used met with the approval of officers from the Environmental and Consumer Protection Department.

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted the undernoted applications:-

In the case of applications nos 18 to 22 the Committee noted that the applicants had failed to pass the street knowledge test within the prescribed period and agreed that the applications be refused.

In the case of applications nos 23 to 25 the Committee having been advised that the applicants had failed to pass the street knowledge test noted that the applications had been withdrawn.

There being no objections the Committees agreed that the remaining applications be granted.

(f) TAXI LICENCE - NEW APPLICATION

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

(g) REVIEW OF TAXI FARES ( AN49-2002)

On a reference to the minute of meeting of the Taxi Liaison Group of 14th March 2002 wherein it was remitted to Officers to meet with the trade to (1) discuss the possibility of a formula for any future increases, (2) allow further information on insurance costs to be made available, and (3) investigate further the current request for a fares increase of 20p for the first 704 yards and the waiting time being increased from 45 seconds to 35 seconds for 10p.

There was submitted Agenda Note AN49-2002 by the Director of Support Services advising that a meeting had been held between officers and the taxi trade and detailed the recommendations for approval.

The Committee:-

(i) agreed that the fare for the initial hire of a taxi be increased by 20p to 2 for the first 704 yards to reflect increases in fuel and insurance costs and to take into account inflation;

(ii) agreed that all other charges remain the same;

(iii) noted that the waiting time element is to be the subject of further discussion; and

(iv) noted that a basic formula to calculate future increases had been discussed and agreement in principle had been reached and that a further meeting would be held and thereafter full details of the formula would be submitted to a future meeting of the Committee for approval.

IV MARRIAGE (SCOTLAND) ACT 2002 THE MARRIAGE (APPROVAL OF PLACES (SCOTLAND) REGULATIONS 2002)

There was submitted an Agenda Note AN50-2002 by the Director of Support Services advising that the above Act had received Royal Assent on 4th April 2002 and that Regulations would be brought into force in due course.

The Marriage (Scotland) Act 2002 had been put in place to create more choice for couples planning marriage in Scotland. Until now anyone seeking a civil ceremony could only be married in Registrar's offices or other designated Council premises. This Act would authorise Registrars to conduct marriage ceremonies outside these locations. It was anticipated that the majority would be in hotels, but other locations would become possible such as castles, stately homes, outdoors etc etc. A survey conducted some time ago by the City Registrar found that many couples would have opted for a civil marriage had an alternative to the Registrar's office been available.

The procedures for a place being approved for civil marriages were similar to procedures in the Civic Government (Scotland) Act 1982 with the exception that the application would not need to be advertised in the local press.

It was envisaged that the majority of applications would be for premises already licensed under the Licensing (Scotland) Act 1976, for example hotel function rooms.

The premises would require to be inspected and the views of the Registrar sought. The Licensing Committee would thereafter require to determine applications for approval of places that a civil marriage may be carried out. Applications may be for either a period approval (up to 3 years) or a temporary approval (for a specific civil marriage). The regulations would also provide standard conditions to be attached to period approvals and allow the attachment of non-standard conditions.

The Committee:-

(i) agreed that in cases where applications were made for a period or temporary approval and where only the standard conditions were to be attached that and there were no objections consideration of the application be delegated to the Director of Support Services for approval;

(ii) agreed that in all other cases the application be submitted to the Committee for approval;

(iii) noted that the Director of Finance would be consulted in relation to the establishment of an application fee and that full details of the fee to be charged would be submitted to a future meeting for consideration; and

(iv) noted that a report would be submitted to the Policy and Resources Committee which would recommend that the Order of Reference for the Licensing Committee be amended to include this legislation.

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 it 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.

V CIVIC GOVERNMENT (SCOTLAND) ACT, 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr R B for a Taxi Driver's Licence.

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

There was submitted an application by Mr R C for a Taxi Driver's Licence.

The Committee, after being advised that the applicant was not present, agreed that this item be deferred to a future meeting.

(b) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr G A for a Window Cleaner's Licence.

The Committee gave consideration to a 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 they may be considered since justice could not otherwise be done.

Thereafter, having heard from the applicant on his own behalf, the Committee agreed that the application be granted.

There was submitted an application by Ms M M for a Window Cleaner's Licence.

The Committee gave consideration to a 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 they may be considered since justice could not otherwise be done.

Thereafter, having heard from the applicant on her own behalf, the Committee agreed that the application be granted.

There was submitted an application by Mr G N for a Window Cleaner's Licence.

The Committee gave consideration to a 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 they may be considered since justice could not otherwise be done.

Thereafter, having heard from the applicant on his own behalf, the Committee agreed that the application be granted.

(c) SUSPENSION HEARINGS - TAXI DRIVERS

There was submitted a letter of complaint from the Chief Constable relative to the conduct of Mr R C during the currency of his Taxi Driver's Licence.

After being informed that the licence holder was not present, the Committee agreed to suspend his licence for the unexpired portion of its duration with immediate effect.

There was submitted a letter of complaint from the Chief Constable relative to the alleged conduct of Mr J F during the currency of his Taxi Driver's Licence.

After being informed that the licence holder was not present, the Committee agreed that no further action be taken.

There was submitted a letter of complaint from the Chief Constable relative to the conduct of Mr B W during the currency of his Taxi Driver's Licence.

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

GEORGE REGAN, Convener.