Licensing Committee - 02/12/2004

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd December, 2004.

Present:-

BAILIES

COUNCILLORS

The minute of meeting of this Committee of 4th November, 2004 was held as read.

Unless marked thus * all items stand delegated.

I CIVIC GOVERNMENT (SCOTLAND) ACT

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

The undernoted applications were submitted:-

In the case of Application Nos 1-17, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 18, the Committee noted the application submitted by the Private Sector Services Unit had been withdrawn and there being no further objections, the Committee agreed that the application be granted.

In the case of Application Nos 19-37, the Committee agreed that consideration of these applications be deferred to a future meeting.

(b) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1, 3, 4, 5, 6 and 7, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 2, the Committee, after having heard the applicant on her own behalf and the observations of the Environmental Health Officer, agreed that the application be deferred for a period of one month for further investigation.

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) and in view of the timescales.

(c) AIRPORT TRANSFERS AND LIMOS

It was reported that a request had been received from the applicants for private hire car licences (airport transfers and limousines) that they be allowed to advertise a business on their vehicle and inside their vehicle.

This matter had been discussed at the last meeting of the Taxi Liaison Group at which the taxi representatives expressed concerns that permitting advertising on private hire cars generally could lead the public mistaking them for taxis. However, it was reported that airport transfers and limousines were quite distinctive vehicles and were unlikely to be so mistaken by the public.

After hearing a representative of the Dundee Taxi Association and the advice of the Clerk, the Committee agreed:-

(i) that these operators be allowed to advertise their own business from their own vehicle;

(ii) that a form of words be agreed for this purpose so as to inform members of the public that the vehicle was not a taxi; and

(iii) that this condition be applied to airport transfer vehicles only.

(d) PRIVATE HIRE LICENCE NEW APPLICATIONS

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

(e) SECOND-HAND DEALERS

On a reference to Article III(d) of the minute of meeting of the Licensing Committee of 30th September, 2004 there was submitted the undernoted application:-

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

(f) STREET TRADER - NEW APPLICATION

There was submitted the undernoted application:-

The Committee, after having heard the observations of the Environmental Health Officer and the applicant on their own behalf, agreed that the application be granted subject to a satisfactory inspection by the Environmental Health Department on the products and procedures to be employed. The Committee also agreed that the condition relative to trading in the City Centre be not applied.

(g) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1-5, there being no objections, the Committee agreed that the applications be granted.

In the case of Application Nos 6, 7 and 9, the Committee noted that these applications had been withdrawn from consideration by the applicants.

In the case of Application Nos 8 and 10, the Committee, after noting that the applicants were not present and that they had failed to pass the street test within the prescribed period, agreed that the applications be refused.

(h) TAXI LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1-4, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 5, the Committee noted that this application has previously been listed in the private part of the agenda and having been notified that Tayside Police had withdrawn their objection to the application, agreed that it be considered in public and there being no further objections, the Committee agreed that the application be granted.

(i) WINDOW CLEANER'S LICENCE - NEW APPLICATION

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

(j) UNLICENSED ACTIVITIES IN CITY CENTRE

With reference to item III(j) of the Licensing Committee meeting of 30th September, 2004, wherein approval was granted to City Centre Ambassadors to be authorised to inspect documentation from any person purporting to be a window cleaner or street trader.

The Committee agreed that David Barrie, City Centre Ambassador be granted the same authority.

(k) PUBLIC ENTERTAINMENT LICENCE - REQUEST FOR VARIATION

On a reference to Article III(g)(2) of the minute of meeting of the Licensing Committee of 2nd September, 2004, there was submitted the undernoted application:-

In the case of this application, there being no objections, the Committee agreed that the application be extended until 9th January, 2005.

(l) TAXI DRIVER'S LICENCE AND TAXI LICENCE - SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relative to the conduct of Mr Philip Carlin of 20 Ogilvie Court, during the currency of his Taxi Driver's Licence and Taxi Licence.

The Committee, after having heard an agent on behalf of the applicant, and the observations of the representative of the Chief Constable, agreed:-

(i) that the Taxi Driver's Licence and Taxi Licence held by Mr Philip Carlin be suspended for the unexpired portion of the licences; and

(ii) that the Plant and Vehicle Officer be requested to submit a report to a future meeting of the Committee on vehicles which are submitted for test for operation as taxis and are taken out of operation prior to the next annual test.

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 may 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

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATION

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

The Committee, after hearing the applicant on his own behalf and observations of a representative of the Chief Constable, agreed that the application be deferred to allow further investigation.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

With reference to Article I(a)(ii) of the minute of meeting of the Licensing Committee of 17th September, 2004 wherein it was agreed that the taxi driver's licence held by Mr J F be suspended it was noted that this matter had been remitted back to the Committee by the Sheriff following appeal.

After hearing the applicant on their own behalf and the observations of a representative of the Chief Constable, Bailie Mackie, seconded by Councillor Webster moved that the licence held by Mr J F be suspended. As an amendment, Bailie Corrigan, seconded by Councillor Sturrock moved that no further action be taken.

On a division there voted for the motion, Bailie Mackie, Councillor Dick, Bailie Powrie and Councillor Webster (4); and for the amendment, Councillor Sturrock, Councillor Andy Dawson and Bailie Corrigan (3). Whereupon the motion was declared carried. Thereafter the Committee agreed that the licence be suspended for the unexpired portion until 31st May, 2005.

(c) TAXI LICENCE - SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Chief Constable in relation to the conduct of Mr J F during the currency of his taxi licence. The Committee also gave consideration to correspondence which had been submitted by the Cabs Enforcement Officer.

The Committee, after hearing an agent on behalf of the applicant and observations of the representative of the Chief Constable, agreed that the licence be suspended for the unexpired portion.

(ii) With reference to Article I(c) of the minute of meeting of the Licence Sub-Committee of 4th November, 2004, there was submitted a letter of information from the Chief Constable relative to the conduct of Mr W T during the currency of his taxi licence.

The Committee, after hearing the applicant on his own behalf and the observations of the Chief Constable agreed that no further action be taken.

(d) WINDOW CLEANER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr B P for a Window Cleaner's licence.

The Committee, after noting that the applicant was not present and the advice of the Clerk, agreed that consideration of the application be deferred to a future meeting.

BRUCE D MACKIE, Convener.