Licensing Committee - 01/11/2001

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st November 2001.

Present:-

COUNCILLORS

Councillor REGAN, Convener, in the Chair.

The minute of meeting of this Committee of 27th September 2001 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 - NEW APPLICATIONS

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

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

The undernoted applications were received:-

In the case of Application No 1, the Committee approved the application for a maximum of five bed spaces.

As regards the remaining seven applications, consideration was deferred to a future meeting to allow necessary inspections to take place.

(b) LATE HOURS CATERING LICENCE - NEW APPLICATION

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

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

There were submitted the undernoted applications:-

In the case of Application No 1 by Michael P Craig, consideration of which had been deferred from the meeting held on 6th September 2001 in order to allow the applicant to be present, the Committee, after hearing that the applicant was not present and that the application had to be dealt with at this meeting, agreed to refuse the application.

There being no objections, the Committee granted the remaining application.

(d) WINDOW CLEANER'S LICENCE - NEW APPLICATION

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

(e) LIST OF APPROVED VEHICLES - PRIVATE HIRE CARS

A request had been received from Handy Taxis for Black Metro Cabs to be included in the list of approved Private Hire Vehicles.

After hearing from the applicant, the Committee agreed to refuse the application.

(f) PRIVATE HIRE LICENCE - NEW APPLICATION

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

(g) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Applications Nos 28, 30 and 32, the Committee, having been advised that the applicants had failed to pass the Street Knowledge Test, noted the applications had been withdrawn.

In the case of Applications Nos 29, 31 and 33, the Committee noted that the applicants had failed to pass the Street Knowledge Test within the prescribed period and agreed to refuse the applications.

There being no objections, the Committee granted the remaining applications.

(h) TAXI LICENCES - NEW APPLICATIONS

There being no objections, the Committee granted the undernoted applications Nos 1 to 10 from the Waiting List:-

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 they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A to the above Act.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(f) TAXI LICENCES - NEW APPLICATIONS

There was submitted an application, No 11 from the Waiting List, by Mr S J A for the grant of a taxi licence.

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

Thereafter, having heard from an agent on behalf of the applicant, the Convener moved that the application be deferred, however, as no seconder could be found, the Committee agreed that the application be granted.

There was submitted an application, No 12 from the Waiting List, by Mr W B for a taxi 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 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.

At this point the press and public were re-admitted to the meeting.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(h) TAXI LICENCES - NEW APPLICATIONS (CONTINUED)

There were submitted the undernoted applications being Nos 13 and 14 from the Waiting List:-

In the case of Application No 13 by Charles Kinmond, there being no objections, the Committee granted the application.

At this point the Committee were advised that the number of taxi licences in force was 507 being the number determined in the recent taxi survey at which demand for taxi services would be met.

In the case of Application No 14 by Alan E Masterton, the Committee agreed to defer the application.

There were submitted the following applications which were non-Waiting List:-

In the case of Application No 1 by Jacqueline Low, the Committee, having heard from a representative on behalf of the applicant, agreed to refuse the application.

In the case of Application No 2 by Betsy McLaughlin, the Committee agreed to refuse the application.

In the case of Application No 3 by Roderick Y Bambury, having heard from an agent on behalf of the applicant, Councillor Powrie moved that the application be approved but failed to find a seconder, and thereafter the Committee agreed to refuse the application.

In the case of Application No 4 by Brian Don, having considered a letter of support and heard the applicant on his own behalf, Councillor Powrie moved that the application be approved but failed to find a seconder, and thereafter the Committee agreed to refuse the application.

In the case of Application No 5 by John Black, having considered a letter of support and heard from an agent on behalf of the applicant, Councillor Powrie, seconded by Councillor Shimi, moved that the application be approved.

As an amendment, the Convener, seconded by Councillor Petrie, moved that the application be refused.

On a division, there voted for the motion - Lord Provost Letford and Councillors Shimi and Powrie (3); and for the amendment - the Convener and Councillors Petrie and Dawson (3); Councillor Grant declining to vote and Councillor Wright being absent when the vote was taken; whereupon there being a parity of votes the Convener gave his casting vote in favour of the amendment and the application was refused.

In the case of Application No 6 by Jacqueline Simpson, having considered a letter of support and heard from an agent on behalf of the applicant, Councillor Powrie, seconded by Councillor Dawson, moved that the application be granted.

As an amendment, the Convener, seconded by Councillor Grant, moved that the application be refused.

On a division, there voted for the motion - Lord Provost Letford and Councillors Dawson and Powrie (3); and for the amendment - the Convener and Councillors Grant and Petrie (3); Councillors Shimi and Wright being absent when the vote was taken; whereupon there being a parity of votes the Convener gave his casting vote in favour of the amendment and the application was refused.

Following the above discussion and in light of representations made by sections of the taxi trade that the limit on the number of taxis be breached by granting licences to certain categories of people, the Committee agreed that the Director of Support Services write to every licence holder to ascertain their views as to whether the limit should be retained under its present terms or abolished and that thereafter the matter be discussed at a meeting of the Taxi Liaison Committee.

(i) TAXI LICENCE - SUSPENSION HEARING

There was submitted a letter from the Plant and Vehicle Officer

The Committee, having heard from the Plant and Vehicle Officer and an agent on behalf of the applicant, agreed to take no action but that the applicant's vehicle must undergo three monthly tests, the first of which was to be undertaken within seven days.

The Convener agreed that the undernoted item be considered as a matter of urgency in terms of Standing Order 52(3)B due to the timescales involved.

(j) PUBLIC PROCESSION

There were submitted applications by the Dundee Coalition for Justice Not War for public processions to be held on either 10th or 17th November 2001.

After hearing an objection from the Chief Constable's representative and the applicant, the Committee agreed to refuse the applications.

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 they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A to the above Act.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING LICENCE - NEW APPLICATION

There was submitted an application by Mr K M for a late hours catering licence.

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

Thereafter, having heard from an agent on behalf of the applicant, the Committee agreed that the application be granted with a warning regarding the future conduct of the applicant.

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

There was submitted an application by Mr G M for a second hand dealer's licence.

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

Thereafter, having heard from the applicant on his own behalf, the Committee agreed that the application be granted following an assurance over the illegal parking of cars for sale.

There was submitted an application by Mr M P for a second hand dealer's licence.

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

Thereafter, having heard from an agent on behalf of the applicant, the Committee agreed to grant the application to March 2002.

(c) METAL DEALER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr M P for a metal dealer's licence.

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

Thereafter, having heard from an agent on behalf of the applicant, the Committee agreed to grant the application to March 2002.

(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr S C for a taxi driver'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 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.

There was submitted an application by Mr C C for a taxi driver's licence.

The Committee gave consideration to an 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 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.

As an amendment, Councillor Petrie, seconded by Councillor Shimi, moved that the application be refused.

On a division, there voted for the motion - the Convener and Councillors Grant, Dawson and Powrie (4); and for the amendment - Councillors Shimi and Petrie (2); Councillors Letford and Wright being absent when the vote was taken; the motion being carried and the application approved.

There was submitted an application by Mr G D for a taxi driver'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 granted.

There was submitted an application by Mr R H for a taxi driver's licence.

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

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

There was submitted an application by Mr K H H for a taxi driver's licence.

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

Thereafter, having heard an agent on behalf of the applicant, the Committee agreed to refuse the application.

There was submitted an application by Mr D S for a taxi driver'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 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 granted.

There was submitted an application by Mr H R W for a taxi driver'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 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.

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

There were submitted letters by the Chief Constable relative to the conduct of Mr J B during the currency of his taxi driver's licence.

Thereafter, having heard from an agent on behalf of the applicant, the Committee agreed that no action would be taken but that a warning would be issued.

There was submitted a letter from the Chief Constable relative to the conduct of Mr A G during the tenure of his taxi driver's licence.

Thereafter, having heard from an agent on behalf of the applicant, the Committee agreed to defer consideration of this complaint to allow the complainer the opportunity to attend.

GEORGE REGAN, Convener