Licensing Committee - 06/11/2008

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th November, 2008.

Present:-

COUNCILLORS

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

The minute of meeting of this Committee of 2nd October, 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 2nd October, 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) LATE HOURS CATERING - NEW APPLICATIONS

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

(b) PRIVATE HIRE CAR OPERATORS - NEW APPLICATIONS

There were submitted the undernoted applications.

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

In the case of Application Nos 5 and 6, the Committee noted that letters of objection had been submitted by a member of the public in relation to these applications. The Committee noted that the objector to the applications was not present and having considered the advice of the Legal Officer that the objections be discounted for want of specification, agreed that the applications be granted.

(c) SPECIAL EVENT PRIVATE HIRE CARS (LIMOUSINES)

It was reported that limousines were subjected to the same age based test regime as taxis and private hire cars namely:-

When the licensing regime for these vehicles was introduced a number of years ago, it was agreed that the testing regime would be reviewed. A review had been carried out by the Plant and Vehicle Officer and due to the vehicles necessarily being maintained to a high standard and their low mileage, an average of between 3,500 to 5,000 compared with an average of 40,000 for taxis, it was recommended that age based testing for limousines be amended as follows with immediate effect:-

Tayside Police had been consulted and had no concerns. The introduction of this new scheme would also have the added bonus of freeing up a small number of test slots which would be available to taxis and private hire cars.

The Committee agreed to the terms of the note.

(d) PRIVATE HIRE LICENCE - REQUESTS FOR VARIATION

There was submitted an application by James Alcorn for variation to replace existing wipe plate with a special events disc.

The Committee noted that Tayside Police had no objections to this request and agreed that the request for variation be granted.

(e) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted the undernoted application.

Lord Provost John R Letford declared a financial interest in this application by virtue of the Lord Provost Charity Fund being a recipient of funds from this event and vacated the Chair during its consideration, whereupon the Chair was taken by the Depute Convener, Bailie Roderick A J Wallace.

In the case of this application, the Committee, having heard the Clerk, agreed that the application be granted subject to the applicant liaising with Economic Development Department on dates and sites.

(f) PUBLIC ENTERTAINMENT - REQUEST FOR VARIATION

The Lord Provost re-entered the Chamber prior to the discussion on the undernoted item, whereupon he resumed the Chair.

There was submitted the undernoted application.

In the case of this application, the Committee, having heard an agent on behalf of the applicant and consideration of a letter of support which had been submitted on behalf of the applicant and having heard a representative of the Environmental Health Department, agreed that the application be granted.

(g) LICENSING OF SKIN PIERCING AND TATTOOING ORDER 2006

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

(h) STREET TRADER'S LICENCE - NEW APPLICATION

There was submitted an application by Catherine Smith for a Street Trader's Licence.

The Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative on behalf of the objector, an agent on behalf of the applicant, the applicant on her own behalf and observations of a representative from Tayside Police and consideration and advice of the Legal Officer and the Clerk, the Committee agreed that further consideration of the application be deferred to the next meeting of the Committee to allow an alternative location for operation of the licence to be established.

(i) TAXI DRIVER'S LICENCE - RENEWALS

There was submitted the undernoted applications for renewal of Taxi Driver's Licences.

In the case of Application Nos 1 and 4, the Committee noted that the applicants had now submitted their Unique Tax Reference Numbers and as such, the applications had been granted in terms of the delegation to the Clerk.

In the case of Application No 2, the Committee noted that the applicant was unable to attend and having heard the Clerk, agreed that it be remitted to the Clerk to issue renewal of licence upon the applicant submitting their Unique Tax Reference Number to the Licensing Department, prior to 28th November, 2008.

In the case of Application No 3, the Committee noted that the applicant was not present and having considered the advice of the Legal Officer, agreed that the application be ruled incompetent.

(j) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS

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

(k) USE OF MURRAYGATE - NEW APPLICATION

There was submitted an application from the AOG Full Gospel Church for the use of the Murraygate every Wednesday from 2pm to 3pm to play music and distribute leaflets. In the case of this application, the Committee, having heard a representative on behalf of the applicant, agreed that the application be granted.

(l) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee, having heard a representative of the Housing Department and the agent on behalf of the applicant, agreed that the application be granted. The Committee further agreed that the request for variation to allow Rossclaire Lettings to be the day to day manager be agreed.

In the case of Application Nos 2, 4, 5, 6 and 8, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application No 3, the Committee, having heard a representative of the Housing Department, and the applicant on their own behalf, agreed that the application be granted.

In the case of Application No 7, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf and consideration and advice of the Legal Officer, agreed that the application be granted, subject to the applicant establishing the day to day manager with the Housing Department.

In the case of Application No 9, the Committee gave consideration of a letter of objection which had been submitted by a member of the public and also a letter of support which had been submitted on behalf of the applicant. Thereafter, having heard the objector on their own behalf, a representative of the Housing Department and the applicant, the Committee agreed that the application be granted.

In the case of Application Nos 10 to 35, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(m) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There was submitted the undernoted requests for variation.

(1) G/1, 30 Cleghorn Street to change of day to day manager to Grant Management.

(2) 3/2, 7 Blackness Avenue to change of day to day manager to Findlayson Gore Ltd.

(3) 51 Seafield Road to change of day to day manager to Belvoir Lettings.

(4) 1 Hillbank Road to change of day to day manager to Irene Duff.

(5) 2/0, 26 Castle Street to change of day to day manager to Montana Management (Dundee) Ltd.

In the case of request Nos 1 to 5, there being no objections, the Committee agreed that the requests for variation 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 - NEW APPLICATION

(i)                                          There was submitted an application by Mr R M for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation which had been received from Tayside Police relevant to this application. Thereafter, having heard a representative from Tayside Police, a representative on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the application be granted.

(ii)                                         There was submitted an application by Mr S M for a Taxi Driver's Licence.

The Committee gave consideration to a letter of objection which had been submitted by Tayside Police relevant to this application. The Committee also gave consideration to testimonials in support of the applicant which had been submitted on his behalf.

Thereafter, having heard a representative of Tayside Police, a representative on behalf of the applicant, the applicant on their own behalf and consideration and advice of the Legal Officer, the Committee agreed that the application be granted for a period of three months.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Corporate Food Safety Adviser and Tobacco Control Officer relevant to the alleged conduct of Mr R N 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 agent on behalf of the applicant and consideration and advice of the Legal Officer, the Committee agreed that consideration of the matter be adjourned to a future meeting of the Committee to allow the applicant to pay the amounts outstanding to the Sheriff Officers.

(ii) There was submitted a letter of information from the Corporate Food Safety Adviser and Tobacco Control Officer relevant to the alleged conduct of Mr K H 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 agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that the licence holder be issued with a warning.

(iii) 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 consideration, whereupon the Chair was taken by the Depute Convener, Bailie Roderick A J Wallace.

Reference was made to Article (iii)(a) of the minute of meeting of this Committee of 2nd October, 2008, wherein a letter of information was submitted by 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 and it had been agreed that consideration of the matter be adjourned to allow the applicant to pay the amounts outstanding to the Sheriff Officers.

The Committee, having received confirmation from the Corporate Food Safety Adviser and Tobacco Control Officer that the amounts outstanding to the Sheriff Officer had now been paid, agreed that no further action be taken.

Lord Provost John R LETFORD, Convener.