Licensing Committee - 06/06/2002

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th June 2002.

Present:-

COUNCILLORS

Councillor REGAN, Convener, in the Chair.

The minute of meeting of this Committee of 2nd May 2002 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 was submitted the undernoted application:-

In the case of this application the Committee, after hearing the applicant on his own behalf, agreed that consideration of this item be deferred to a future meeting.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REQUEST FOR VARIATION - TAXI OPERATOR

There was submitted the undernoted application:-

In the case of this application the Committee, after hearing a representative of Tayside Police, agreed that consideration of this item be deferred to a future meeting to allow further investigation by officers from Tayside Police.

(b) HOUSES IN MULTIPLE OCCUPATION

There was submitted the undernoted applications:-

In the case of applications nos 1 to 19, 27 and 28, the Committee agreed that they be deferred to a future meeting for consideration.

In the case of application no 20, the Committee noted that this application had been withdrawn by the applicant.

In the case of applications nos 21, 23, 24, 25 and 26, there being no objections, the Committee agreed that the applications be granted.

In the case of application no 22, the Committee, having been advised that the objectors were not present and having heard the applicants on their own behalf, agreed that the application be granted.

(c) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS

There was submitted the undernoted applications:-

In the case of application no 1, there being no objections, the Committee agreed that the application be granted subject to satisfactory inspection by Officers from the Environmental and Consumer Protection Department.

In the case of application no 2, the Committee agreed that the application be deferred to a future meeting to allow the applicant to be present.

In the case of application no 3, the Committee, after having heard the applicant on his own behalf and representatives for the objectors, agreed that the application be granted subject to the following conditions that the fair be reduced by four funfair attractions and that the fair commence at the amended time of 5.00 pm on 5th July 2002.

The Committee also agreed that Departments of the Council should consult the Licensing Authority on occasions where a licence would be required prior to any bookings being confirmed.

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

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

(e) TAXI LICENCE - NEW APPLICATION

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

(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted the undernoted applications:-

In the case of applications nos 1 to 7, there being no objections, the Committee agreed that the applications be granted.

In the case of application no 8, the Committee, after noting that the applicant had failed to pass the Street Knowledge Test within the prescribed time period, agreed that the application be refused.

III MARRIAGE (SCOTLAND) ACT 2002 MARRIAGE (APPROVAL OF PLACES) (SCOTLAND) REGULATIONS 2002

On a reference to Article IV of the minute of meeting of this Committee of 2nd May 2002 there was submitted Agenda Note AN106-2002 detailing the proposed fees which could be charged for a three year licence as follows:-

The Committee approved the charges as indicated and noted that licensed premises referred to those premises which are licensed under the Licensing (Scotland) Act 1976 or the Civic Government (Scotland) Act 1982.

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.

IV CIVIC GOVERNMENT (SCOTLAND) ACT, 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr RB 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. 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 Convener, seconded by Councillor Grant, moved that the application be granted.

On a division, there voted for the motion - the Convener and Councillors Grant, Mackie and Barrie (4); and for the amendment - Councillors Petrie, Fordyce, Beattie and Dawson (4); whereupon there being a parity of votes, the Convener voted in favour of the motion which was declared carried.

There was submitted an application on behalf of Mr RC for 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. 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 an agent on behalf of the applicant, the Committee agreed that the application be refused.

(b) WINDOW CLEANER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr PD 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.

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

GEORGE REGAN, Convener.