Licensing Committee - 26/09/2002

At a MEETING of the LICENSING COMMITTEE held at Dundee on 26th September, 2002.

 

Present:-

 

COUNCILLORS

 

Jill SHIMI

Fiona M GRANT

Bruce D MACKIE

Helen WRIGHT

John R LETFORD

Neil I C POWRIE

Betty WARD

George REGAN

Fraser MACPHERSON

 

Councillor Regan, Convener, in the Chair.

 

The minute of meeting of this Committee of 5th September, 2002 was held as read.

 

Unless marked thus * all items stand delegated.

 

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - REVIEW

 

There was submitted Report No 722-2002 by the Director of Support Services on the proposed response to the consultation paper on the review of the Civic Government (Scotland) Act 1982 with regard to licensing matters.

 

The Committee agreed that the comments as narrated in the report be issued in response to the consultation paper.

 

II REGISTRATION OF POOLS PROMOTER - APPOINTMENT OF ACCOUNTANT (I-RACE LTD)

 

The Committee agreed that KPMG Audit PLC should be approved as Auditor and act as accountant for I-Race Ltd.

 

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) REQUEST FOR VARIATION (PRIVATE HIRE CAR)

 

There was submitted the undernoted application for variation (Private Hire Car).

 

Name of Applicant

 

Gordon Deuchars

 

After consideration, the Committee agreed that the request for a further extension of two months for the applicant to obtain his private hire plate be granted.

 

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

Councillor Grant declared an interest in Application Nos. 4-7 and took no part in the discussion thereafter.

 

There was submitted the undernoted applications:-

 

No

Name of Applicant

Address of Premises

 

1.

Sheila H Cheng

3rd Floor, 26 Union Street

2.

A Baillie and C Gillan

3rd Floor, 4 Whitehall Street

3.

Colin W McCrossan

32 Lytton Street

4.

University of Abertay

Dalrymple Street

 

No

Name of Applicant

Address of Premises

 

5.

University of Abertay

Alloway Place West

6.

University of Abertay

12/14 Victoria Road

7.

University of Abertay

19 Bell Street

8.

Eibhlin & Oliver Tulley

8 Larch Street

9.

Pritram Chita

2B Hazel Drive

10.

Dundee City Council (Social Work Department)

67 King Street (East Port House)

11.

Alistair R Douglas

5 Osborne Place

12.

Khat I Gani

15E Step Row

13.

Khat I Gani

15D Step Row

14.

Terry Griffin

235 Perth Road

15.

Ernest Johnston

444 Perth Road

16.

N & N Jamal Properties

3/1, 63 Constitution Road

17.

N & N Jamal Properties

2/2, 1 Rustic Place

18.

N & N Jamal Properties

1/3, 1 Rustic Place

19.

N & N Jamal Properties

2/1, 1 Rustic Place

20.

N & N Jamal Properties

2/3, 1 Rustic Place

21.

N & N Jamal Properties

2nd Floor, 48 Bell Street

22.

Talkeen Okhai

2/R, 2 Union Street

23.

The Shamin Trust

10 Windsor Street

24.

Mark L Stewart

3/1, 101 Magdalen Yard Road

 

In the case of Application Nos 1-8, the Committee agreed that they be deferred to a future meeting for consideration.

 

In the case of Application Nos 9, 10, 12, 13, 16, 17, 18, 19, 20, 22, and 24, there being no objections, the Committee agreed that the applications be granted.

 

In the case of Application No 14, the Committee, after hearing the objector and the applicant on his own behalf and hearing the Planning Officer the Convener seconded by Councillor Macpherson moved that the application be granted for a period of 12 months. As an amendment Councillor Grant seconded by Councillor Shimi moved that the application be granted for the term of the application.

 

On a division, there voted for the motion - the Convener, Councillor Letford, Councillor Powrie and Councillor Macpherson (4); and for the amendment - Councillor Shimi, Councillor Grant, Councillor Ward, Councillor Wright and Mackie (5), whereupon the amendment was declared carried and the application was granted for the full term of the application.

 

In the case of Application No 15, the Committee noted that the applicant was not present , and agreed that the application be considered in their absence and after consideration of observations from Building Control agreed that the application be refused.

 

In the case of Application No 21, the Committee noted that the objector was not present and after hearing the applicant on his own behalf, the Building Control Officer and the Legal Officer agreed that the application be granted.

 

In the case of Application No 23, the Committee noted that the objector was not present and after hearing the applicant on his own behalf, agreed that the application be granted.

 

(c) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

Hours of Opening

 

1.

Maged El-Nakla

72 North Lindsay Street

(Corfu Kebabs & Pizza)

11pm to 4.30 am, Monday to Sunday

 

2.

Ghulam N Choudry

198 King Street,

Broughty Ferry (Papa Sings)

11pm to 12 midnight,

Sunday to Thursday

11pm to 1am

Friday and Saturday

 

In the case of Application No 1, there being no objections, the Committee agreed that the application be granted.

 

In the case of Application No 2, the Committee agreed that consideration of this item be deferred to a future meeting to allow appropriate notice to be served on the objectors.

 

(d) LATE HOURS CATERING LICENCE - RENEWAL

 

There was submitted the undernoted application:-

 

No

Name

Address of Premises

Hours of Opening

 

1.

Rasha D Al-Saffar

117 Nethergate

11pm to 3am

Sundays to Thursdays and 11pm to 4am

Fridays and Saturdays

 

In the case of this application, the Committee agreed that consideration be deferred to a further meeting to allow the applicant to be present.

 

(e) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS

 

There was submitted the undernoted application:-

 

No

Name

Address of Premises

Purpose

(including dates)

 

1.

Charles Horne

Stack Leisure Centre

16th to 27th October 2002

10am to 9.30pm daily

 

In the case of this application, the Committee, after hearing the representative of Tayside Police and the applicant on his own behalf, agreed that the application be granted subject to the compliance of the applicant with the conditions of Tayside Police.

 

(f) PUBLIC PROCESSION

 

There was submitted the undernoted application:-

 

Name of Organisation

Date of Procession

 

City of Dundee Campsie Club

3rd November, 2002

 

In the case of this application, the Committee, after hearing an agent on behalf of the applicant and consideration of objections from Tayside Police and advice of the Legal Officer, agreed that the application be refused.

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

 

There was submitted the undernoted applications:-

 

No

Name

Address of Premises

Type of Goods

 

1.

Philip Blacklaw

9/11 Arbroath Road

(TECC Designs)

 

Audio, Visual & Lighting

2.

George Wight

167 Strathmartine Road

(Domestic Appliances Services)

Washing Machines, Cookers, Household Electrical

 

3.

Kevin D Mitchell

200 Perth Road

Motor Vehicles

 

In the case of Application No 3, the Committee, after hearing the objectors and an agent on behalf of the applicant and consideration of the observations of the Planning Officer, agreed that the application be deferred to a future meeting.

 

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

 

(h) SECOND HAND DEALER'S LICENCE - RENEWALS

 

There was submitted the undernoted applications:-

 

No

Name

Address of Premises

Type of Goods

 

1.

Gillian F Balfour

306 Strathmore Avenue

(Coldside Indoor Car Sales)

 

Motor Vehicles

2.

James L McKenzie

20 Princes Street

(King Buyer)

Furniture, Electrical and Bric-a-Brac

 

In the case of Application No 1, the Committee noted that the applicant was not present and after consideration of the observations of the Environmental Health Officer, agreed that the application be refused.

 

In the case of Application No 2, the Committee, after hearing the applicant on his own behalf and consideration of the observations of the Environmental Health Officer, agreed that the application be granted for a period of six months, subject to the conditions of Environmental Health.

 

(i) STREET TRADERS - NEW APPLICATION

 

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

 

No

Name and Address

Goods

 

1.

Sharon Byrne

 

Ice Cream

2.

John W H Thomson

 

Fresh Fish and Sundries

 

(j) MARKET OPERATIONS LICENCE - RENEWAL

 

There was submitted the undernoted application:-

 

No

Name and Address

Address of Premises

 

1.

Joseph Carroll

 

Dens Road

(Dens Road Market)

 

In the case of this application, the Committee noted that the objector was not present and after hearing the applicant on his own behalf and the representative of Tayside Police, agreed that the application be deferred to a future meeting.

 

(k) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There was submitted the undernoted applications:-

 

No

Name

 

1.

Brian L Allardice

2.

Bruce Beattie

3.

William Cassidy

4.

Andrew Craigie

5.

Alistair Hunter

6.

James S McDonnell

7.

Robert Maxwell

8.

John G Scott

9.

George A Simpson

10.

John A Hassan

11.

John Paton

12.

Grant C Fairfield

13.

William Grier

14.

Ronald Jackson

15.

Judith I Markie

16.

Patrick Morrell

17.

Shahid Naeem

18.

Arthur B Thomson

 

In the case of Application Nos 1-11, there being no objections, the Committee agreed that the applications be granted.

 

In the case of Application Nos 12-18, 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.

 

(l) PRIVATE HIRE LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

1.

James S McDonnell (two applications)

 

2.

Neil Anderson

 

(m) WINDOW CLEANER'S LICENCE

 

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

 

No

Name

 

1.

Norman M Conway

 

(n) MEMBERSHIP OF COMMITTEE

 

Councillor Fraser MacPherson intimated to the Committee that he wished to resign his position of membership of the Committee and indicated that his position would be taken up by Councillor Allan Petrie at the next meeting of the Committee.

 

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 of the above Act.

 

IV CIVIC GOVERNMENT (SCOTLAND) ACT, 1982

 

(a) LATE HOURS CATERING LICENCE - RENEWALS

 

There was submitted an application by Mr M Y for the renewal of his Late Hours Catering Licence. The Committee noted that the applicant was not present and the Convener, seconded by Councillor Grant, moved that the application not be deferred. As an amendment Councillor Shimi seconded by Councillor Ward moved that the application be deferred to a future meeting for consideration.

 

On a division, there voted for the motion - Convener, Councillors Letford, Grant, Mackie, Powrie and MacPherson (6); and for the amendment - Councillors Shimi, Ward and Wright (3), whereupon the motion was declared carried. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.

 

Thereafter the Committee agreed that the application be refused.

 

(b) SECOND HAND DEALER'S LICENCE - NEW APPLICATION

 

There was submitted an application by Mr K A 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. 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 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.

 

(c) STREET TRADER'S LICENCE - RENEWAL

 

There was submitted an application by Mr S S 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.

 

Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that the application be granted.

 

(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There was submitted an application by Mr G F for a Taxi Driver's Licence, consideration of which had been deferred from the meeting of 5th September to allow the applicant the opportunity to attend.

 

The Committee noted that the applicant was not present and agreed that the application be considered in their absence.

 

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 be considered since justice could not otherwise be done.

 

Thereafter, the Committee agreed that the application be refused.

 

There was submitted an application by Mr T H for a Taxi Driver's Licence. The Committee noted that the applicant was not present and agreed that consideration of this item be deferred to a future meeting to allow the applicant to be present.

 

(e) TAXI DRIVER'S LICENCE - RENEWALS

 

There was submitted an application by Mr F A for renewal of his Taxi Driver's Licence which had been referred to the Licensing Committee by the Licensing Sub-Committee for consideration.

 

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 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 refused.

 

There was submitted an application by Mr G A for renewal of his Taxi Driver's Licence which had been referred to the Licensing Committee by the Licensing Sub-Committee for consideration.

 

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application. Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be granted subject to a warning.

 

There was submitted an application by Mr J B for renewal of a Taxi Driver's Licence which had been referred to the Licensing Committee by the Licensing Sub-Committee for consideration.

 

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application. Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted.

 

There was submitted an application by Mr D B for renewal of a Taxi Driver's Licence which had been referred to the Licensing Committee by the Licensing Sub-Committee for consideration.

 

The Committee noted that the applicant was not present and agreed that consideration of this item be deferred to the next meeting of the Committee.

 

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

 

The Committee noted that the applicant was not present and agreed that it be considered in their absence. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.

 

Thereafter the Committee agreed that the application be refused.

 

The Lord Provost declared an interest in the following item and took no part in the discussion thereafter.

 

There was submitted an application by Mr J C for renewal of 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 a letter of explanation which had been submitted by the applicant.

 

Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted with a warning.

 

There was submitted an application by Mr M C for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. 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, the Committee agreed that the application be granted.

 

There was submitted an application by Mr D E for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.

 

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

 

There was submitted an application by Mr J G for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee noted that the applicant was not present and agreed that it be considered in their absence.

 

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

 

Thereafter, the Committee agreed that the application be refused.

 

There was submitted an application by Mr J G for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.

 

Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted with a warning.

 

There was submitted an application by Mr J K for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee noted that the applicant was not present and agreed that consideration of this item be deferred to a future meeting pending the outcome of the court case.

 

There was submitted an application by Mr W McD for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.

 

Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted with a warning.

 

There was submitted an application by Mr J McK for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application. Thereafter, having heard the applicant on their own behalf the Committee agreed that the application be granted.

 

There was submitted an application by Ms D O for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.

 

Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted with a warning.

 

There was submitted an application by Mr G P for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. 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 granted for a period of six months.

 

There was submitted an application by Mr J P for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee noted that the applicant was not present and agreed that it be considered in their absence.

 

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 Constable's representative as to their age and nature, the Committee agreed that they not be considered.

 

Thereafter, the Committee agreed that the application be refused.

 

There was submitted an application by Mr D R for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application.

 

Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted for a period of six months.

 

There was submitted an application by Mr K R for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.

 

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

 

There was submitted an application by Mr M S for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.

 

Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted with a warning.

 

There was submitted an application by Mr D S for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application and a letter of explanation which had been submitted by the applicant.

 

Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that the application be granted.

 

There was submitted an application by Mr R S for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee noted that the applicant was not present and agreed that consideration of the application be deferred to a future meeting to allow the applicant to be present.

 

There was submitted an application by Mr D S for renewal of a Taxi Driver's Licence. The Committee noted that the applicant was not present and agreed that the application be considered in their absence. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.

 

Thereafter, the Committee agreed that the application be refused.

 

There was submitted an application by Mr A T for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.

 

Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted with a warning.

 

There was submitted an application by Mr J T for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee noted that the applicant was not present and agreed that the application be considered in their absence.

 

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

 

Thereafter, the Committee agreed that the application be refused.

 

There was submitted an application by Mr B W for renewal of a Taxi Driver's Licence which had been referred by the Licensing Sub-Committee to the Licensing Committee for consideration. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.

 

Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be refused.

 

There was submitted an application by Mr N W for renewal of 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 the applicant on their own behalf, the Committee agreed that the application be granted.

 

(f) TAXI LICENCE AND TAXI DRIVER'S LICENCE - RENEWALS

 

There was submitted an application by Mr S A for renewal of a Taxi Licence and Taxi Driver's Licence.

 

The Committee noted that the applicant was not present and agreed that the application be considered in their absence. The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application.

 

Thereafter, the Committee agreed that the application for renewal of a Taxi Licence and renewal of a Taxi Driver's Licence be refused.

 

There was submitted an application by Mr D C for renewal of a Taxi Licence and Taxi Driver's Licence.

 

The Committee noted that the applicant was not present and agreed that the application be considered in their absence. The Committee gave consideration to a letter of objection and a further letter of information which had been submitted by the Chief Constable relative to this application.

 

Thereafter, the Committee agreed that the application for renewal of a Taxi Licence and renewal of a Taxi Driver's Licence be refused.

 

There was submitted an application by Mr W D for renewal of a Taxi Licence and 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 a letter of explanation which had been submitted by the applicant.

 

Thereafter, having heard the applicant on their own behalf, the Committee agreed that the applications be granted.

 

(g) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

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

 

The Committee noted that the applicant was not present and agreed that the suspension continue until the next meeting of the Committee to allow the subject to be present.

 

Councillor Wright declared an interest in this item and left the room prior to consideration.

 

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

 

Thereafter, having heard from the applicant on their own behalf, the Committee agreed that no further action be taken.

 

 

 

 

GEORGE REGAN, Convener.