Licensing Committee - 02/10/2008

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd October, 2008.

Present:-

Lord Provost John R LETFORD

Bailie Roderick A J WALLACE

COUNCILLORS

Lord Provost John R LETFORD, Convener, in the Chair.

The minute of meeting of this Committee of 25th September, 2008 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 4th September, 2008 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) INDOOR SPORTS LICENCE

There were submitted the undernoted applications.

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

Councillor Richard McCready declared a non-financial interest in Application No 2 by virtue of the applicants being known to him through the course of his Council duties as Convener of the Leisure, Arts and Communities Committee and took no part in the proceedings.

In the case of Application No 2, the Committee, having heard a representative on behalf of the Environmental Health and Trading Standards Department and an agent on behalf of the applicant, agreed to the application being granted.

(b) LATE HOURS CATERING - NEW APPLICATIONS

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

(c) LATE HOURS CATERING LICENCE - RENEWAL APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted the advice of the Legal Officer that the objection which had been submitted by the Hong Kong Gardens could not be considered as it had not been signed by the objector. The Committee gave consideration to other objections which had been submitted by members of the public. Thereafter, having heard an agent on behalf of the applicant and a representative on behalf of the objectors who indicated that their objections had now been withdrawn and having heard a representative from Tayside Police, the Committee agreed that the application be granted.

(d) METAL DEALER - NEW APPLICATION

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

(e) PRIVATE HIRE CAR OPERATORS - NEW APPLICATIONS

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

(f) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

Councillor Richard McCready declared a non-financial interest in Application No 2 by virtue of the applicants being known to him in a personal capacity through the course of his duties as Convener of the Leisure, Arts and Communities Committee and took no part in the proceedings.

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

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

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

(h) SECOND HAND DEALER'S LICENCE - RENEWAL

There was submitted the undernoted application.

The Committee noted that this application had been withdrawn from consideration by the applicant.

(i) LICENSING OF SKIN PIERCING AND TATTOOING ORDER 2006

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

(j) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 3, the Committee noted that the applicants had failed to pass the street test within the prescribed period and agreed that the applications be refused.

(k) TAXI DRIVER'S LICENCE - RENEWAL

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

(l) TAXI OPERATORS - NEW APPLICATIONS

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

(m) TAXI LICENCE - RENEWALS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, the Committee gave consideration to the content of a letter of representation which had been submitted by Tayside Police in relation to this application and having heard a representative of Tayside Police and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

In the case of Application No 2, the Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard the applicant on their own behalf, representation from Tayside Police and consideration and advice of the Legal Officer, the Committee agreed that the application be granted.

(n) PRIVATE HIRE LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this request for variation, the Committee, having heard the applicant on their own behalf and a representative of Tayside Police, agreed that the request be granted.

(o) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 4, the Committee, having heard a representative of the Housing Department and the applicants on their own behalf, agreed that the applications be granted.

In the case of Application No 5, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the application be granted subject to appropriate supplementary information being provided to the satisfaction of the Housing Department.

In the case of Application No 6, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that consideration of the application be deferred to a future meeting of the Committee.

In the case of Application No 7, the Committee, having heard a representative of the Housing Department and consideration of the advice of the Legal Officer, agreed that the application be granted.

In the case of Application No 8, the Committee noted that the objectors to the application were not present. The Committee gave consideration to the content of the letters of objection which had been submitted by members of the public. Thereafter, having heard a representative from the Housing Department, the applicant on their own behalf, a representative from Tayside Police and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In case of Application Nos 9 to 45, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(p)                                        HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATION

There were submitted the undernoted requests for variation.

There being no objections, the Committee agreed that the request for variation numbers 1 to 4 be granted.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and 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 of the Act.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

Lord Provost John R Letford declared a non-financial interest in this matter by virtue of the applicant being known to him in a personal capacity and left the Chamber during its consideration, whereupon, the Chair was taken by the Depute Convener, Bailie Roderick A J Wallace.

There was submitted a letter of information from the Corporate Food Safety Adviser and Tobacco Control Officer relevant to the alleged conduct of Mr J W during the currency of his Taxi Driver's Licence.

Thereafter, the Committee gave consideration to the content of the letter and having heard the Corporate Food Safety Adviser and Tobacco Control Officer, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be adjourned to the November meeting of the Committee to allow the applicant to pay the amounts outstanding to the Sheriff Officers.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

Lord Provost John R Letford resumed the Chair prior to consideration of this item of business.

(i) There was submitted an application by J J M H for a Houses in Multiple Occupation Licence. The Committee noted that the objectors to this application were not present and having given consideration to the letter of objection which had been submitted by a member of the public, having heard the representative of the Housing Department, the applicant on their own behalf, consideration and advice of the Legal Officer and consideration of a letter of support which had been submitted by the applicant, the Committee agreed that the application be granted.

(ii) There was submitted an application by W R for a Houses in Multiple Occupation Licence.

The Committee noted that this application had been withdrawn from consideration by the applicant.

Lord Provost John R LETFORD, Convener.