Licensing Committee - 06/12/2001

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th December, 2001.

Present:-

COUNCILLORS

Councillor REGAN, Convener, in the Chair.

The minute of meeting of this Committee of 20th November, 2001 was held as read.

Unless marked thus * all items stand delegated.

I REGISTRATION OF POOLS PROMOTER

Reference was made to Article III of the minute of this Committee of 6th September, 2001 wherein the Committee agreed to defer consideration of this application pending the outcome of the applicant's tendering process.

It was noted that the tendering process had been completed and that KPMG had been appointed as accountants. The Committee agreed that KPMG also be appointed as auditors in respect of the registration.

II LIST OF APPROVED VEHICLES - PRIVATE HIRE CARS

The Committee agreed the request that a Fiat Diablo be included in the list of approved Private Hire Vehicles.

III LOTTERIES AND AMUSEMENTS ACT, 1976

APPLICATIONS FOR PERMITS FOR AMUSEMENTS WITH PRIZES

In the case of this application, the Committee agreed to grant permission for 2 machines only in line with current policy.

IV GAME DEALER'S LICENCE

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

V PERFORMING ANIMALS (REGULATIONS) ACT, 1925 APPLICATION FOR REGISTRATION

The Committee noted that representatives of the Dundee Rep were not present and agreed to adjourn the meeting for a period of time to allow them to be contacted.

There was submitted the undernoted application:-

It was noted that the applicant and representatives from Dundee Rep were not present and after consideration of an objection received from Environmental and Consumer Protection and on receipt of legal advice, the Committee agreed that the application was incompetent.

VI CIVIC GOVERNMENT (SCOTLAND) ACT, 1982

(a) MANDATORY LICENSING OF HOUSES IN MULTIPLE OCCUPATION

Reference was made to the minute of the Licensing Committee held on 1st March, 2001 wherein the Licensing Conditions in respect of Houses in Multiple Occupation were approved.

There being no objections, the Committee approved the following additional condition:-

(i) To ensure an adequate electricity supply is maintained to the installed fire detection system, where Credit Card Meters are in use, the Licensee will be responsible for ensuring that the meters remain in credit when the premises are unoccupied for any period exceeding 48 consecutive hours.

There being no objections, the Committee approved the following amendment to existing condition No 6 to clarify the occupancy levels approved:-

(ii) The number of persons residing in the premises shall not exceed the maximum number stated on the licence. The use and occupancy levels of each room shall not be changed without the approval of Dundee City Council. Any change may be subject to a variation fee.

(b) HOUSES IN MULTIPLE OCCUPATION

There were submitted the undernoted applications:-

Councillors Fiona Grant and Mervyn Rolfe declared an interest in applications nos 9 to 15 and took no part in the discussion of these applications.

In the case of applications nos 1 to 18 the Committee agreed that the applications be deferred.

In the case of applications nos 19 to 22 there being no objections the Committee agreed that the applications be granted.

In the case of application no 20, the Committee noted that the application was for 12 persons only.

(c) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application no 4, the Committee decided not to take account of the objection received as it was not competent.

In the case of application no 5, the Committee noted this was an application for a temporary licence only and there being no objections, granted the application to the January 2002 meeting only.

There being no objections the Committee agreed that applications nos 1 to 4 be granted.

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

There were submitted the undernoted applications:-

In the case of application no 1, the Committee agreed that consideration of this application be deferred to a future meeting.

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

(e) SECOND HAND DEALER'S LICENCE

Reference was made to Article VI(G) of the minute of this Committee of 6th September, 2001 where it was agreed that a licence be granted for a period of three months and the situation be monitored by Building Quality.

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

(f) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

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

(g) PRIVATE HIRE LICENCE - VARIATION

The Committee granted a request by the Dundee Taxi Cab Co Ltd for a variation of Condition 11 of all private hire car licences held by them to allow the words "203020 Dundee Private Hire" to replace the name of the licence holder on the front passenger door of all their existing Private Hire Cars with effect from the next test date of each individual vehicle, it being noted that the request had been made to resolve the anomaly which had arisen between the licence conditions and Section 14 of the Civic Government (Scotland) Act 1982 due to the name of the licence holder containing the word "taxi".

The Committee further agreed that the variation of the condition also apply to any subsequent Private Hire Car Licences granted to the Company.

The Committee noted that the new wording would appear on vehicles at their next test.

(h) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(i) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted the undernoted applications:-

In the case of applications nos 27, 28, 29 and 30, 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.

PART II - CONFIDENTIAL ITEMS

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.

VII CIVIC GOVERNMENT (SCOTLAND) ACT, 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATION

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

It was noted that the Chief Constable had withdrawn his letter of observation which had been submitted in respect of Mr S S and, after consideration of this matter, the Committee agreed that the application be granted.

(b) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr J L for a window cleaners licence.

It was noted that the applicant was not present and after consideration of an objection by the Chief Constable which had been submitted in respect of Mr J L, the Committee agreed that the application be refused.

(c) TAXI DRIVER'S SUSPENSION HEARINGS

Councillor Allan Petrie declared an interest in the undernoted application and took no part in the discussion.

It was noted that the Chief Constable had withdrawn his letter of objection which had been submitted in respect of Mr J D and after consideration of this matter the Committee agreed that no further action be taken.

The Committee gave consideration to a letter of complaint submitted by the Chief Constable relative to the conduct of Mr I D during the currency of his Taxi Driver's Licence.

After hearing an agent on behalf of the applicant, the Committee agreed that no action be taken.

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

The Committee were advised that the complainer was not present and after hearing an agent on behalf of the applicant, the Committee agreed that no further action be taken.

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

After hearing an agent on behalf of the applicant the Committee agreed that consideration of the application by Mr B W be deferred to the meeting of the Licensing Committee to be held in February 2002.

GEORGE REGAN, Convener.