Licensing Committee - 15/01/2009
At a MEETING of the LICENSING COMMITTEE held at Dundee on 15th January, 2009.
Present:-
|
Lord Provost John R LETFORD |
|
Bailie Roderick A J WALLACE |
COUNCILLORS
|
Laurie BIDWELL |
Helen DICK |
David BOWES |
|
Tom FERGUSON |
|
Andrew DAWSON |
Lord Provost John R LETFORD, Convener, in the Chair.
The minute of meeting of this Committee of 22nd December, 2008 was held as read.
Unless marked thus * all items stand delegated.
I MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE
The minutes of meetings of the Licensing Sub-Committee held on 4th, 8th and 22nd December, 2008 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II and III.
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) PRIVATE HIRE CAR OPERATORS - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted.
|
No |
Name
|
|
1 |
Chokri Chamkhi |
|
2 |
Aftab Qureshi |
(b) PUBLIC ENTERTAINMENT - NEW APPLICATIONS
The Lord Provost declared a non-financial interest in the undernoted items of business by virtue of the Lord Provost's Charity Fund being a recipient of funds from the proceedings.
There being no objections, the Committee agreed that the undernoted applications be granted.
|
No |
Name |
Address of Premises |
Hours of Opening |
|
|
|
|
|
|
1 |
Charles Horne |
Caird Park, Dundee |
7th to 18th May, 2009, Mondays to Fridays 6.00 pm to 9.30 pm and Saturdays, Sundays and Holidays 1.00 pm to 9.30 pm.
|
|
2 |
Charles Horne |
Caird Park, Dundee |
27th August to 7th September, 2009, Mondays to Fridays 6.00 pm to 9.30 pm and Saturdays, Sundays and Holidays 1.00 pm to 9.30 pm.
|
|
No |
Name |
Address of Premises |
Hours of Opening |
|
|
|
|
|
|
3 |
Charles Horne |
Riverside, Dundee |
23rd April to 4th May, 2009, Mondays to Fridays 6.00 pm to 9.30 pm and Saturdays, Sundays and Holidays 1.00 pm to 9.30 pm.
|
|
4 |
Charles Horne |
Riverside, Dundee |
17th to 28th September, 2009, Mondays to Fridays 6.00 pm to 9.30 pm and Saturdays, Sundays and Holidays 1.00 pm to 9.30 pm. |
(c) REQUEST FOR VARIATION
There was submitted a request for variation from Mr James Pratt, seeking variation to his Private Hire Licence. The Committee, having given consideration to the content of the letter submitted by the applicant, and having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the request not be granted.
(d) SECOND HAND DEALERS LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications.
|
No |
Name |
Address of Premises |
Type of Goods |
|
|
|
|
|
|
1 |
Blockbuster Entertainment Ltd/ Veronica Sands |
Blockbuster 233 Albert Street |
DVD, Videos, Computer Games, Consoles and Accessories
|
|
2 |
Blockbuster Entertainment Ltd/ Kevin Bruce |
Blockbuster 34 Claypotts Road |
DVD, Videos, Computer Games, Consoles and Accessories
|
|
3 |
Blockbuster Entertainment Ltd/ Nicola Leith |
Blockbuster 302 Perth Road |
DVD, Videos, Computer Games, Consoles and Accessories
|
|
4 |
Patrick Rogers |
Camperdown Car Sales 15A Camperdown Street
|
Second Hand Cars |
|
5 |
Hayley Scanlan |
Dundee Vehicles Sales 22-24 Dura Street |
Second Hand Cars |
In the case of Application Nos 1, 2 and 3, the Committee, having considered a letter from the applicants requesting exemptions to conditions and with representations which had been submitted by Tayside Police, agreed that the applications be granted subject to compliance with the regular conditions, under exception of Condition 7.
In the case of Application No 4, there being no objections, the Committee agreed that the application be granted.
In the case of Application No 5, the Committee noted that this application had been deferred from the Licensing Committee on 4th December, 2008 to allow the applicant to attend. Thereafter, the Committee, having heard an agent on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the application be granted subject to planning consent being granted.
(e) SECOND HAND DEALERS LICENCE - RENEWAL
There being no objections, the Committee agreed that the undernoted application be granted.
|
No |
Name |
Address of Premises |
Type of Goods |
|
|
|
|
|
|
1 |
Parc Cars |
Parc Cars 22 Old Glamis Road |
Second Hand Cars |
(f) STREET TRADERS LICENCE - NEW APPLICATION
There was submitted the undernoted application.
|
No |
Name |
|
|
|
|
1 |
Catherine Smith |
In the case of this application the Committee noted that the application had been deferred from the Licensing Committee of 4th December, 2008 to allow the applicant to arrange an alternative site. Thereafter, the Committee, having heard the applicant on their own behalf, a representative of the Environmental Health and Trading Standards Department, and consideration of the advice of the Legal Officer, agreed that the application be granted and that the location intimated by the applicant be the fixed location and that the condition about rotating locations be waived.
(g) TAXI TEST - FEES
It was reported for information that from 1st April, 2009, the fees for the testing centre under the agreed formula would be as follows:-
|
Test Element |
Fee
|
|
Full Test |
47.00 |
|
Full Test Non-Attendance |
23.00 |
|
Full Test Cancellation (within 24 hours) |
23.00 |
|
Re-Test |
15.00 |
|
Re-Test Non-Attendance |
7.00 |
|
Re-Test (Painterwork only) |
15.00 |
|
Re-Test (3 Free Re-Test items only) |
Free |
|
Pre-Test |
35.00 |
|
Pre-Test Non-Attendance |
17.00 |
|
Meter Test |
23.00 |
|
Taxi Plate |
14.00 |
|
Duplicate Taxi Certificate |
8.00 |
|
MOT Certificate (Taxi) |
8.00 |
|
MOT Test |
45.00 |
|
Duplicate MOT Certificate |
10.00 |
The Committee noted the content of the note.
(h) TAXI DRIVERS LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications.
|
No |
Name |
|
|
|
|
1 |
Kevin Drummond |
|
2 |
Ross Hanna |
|
3 |
John McCabe |
|
4 |
Derek Schofield |
|
5 |
Derek Stewart |
In the case of Application Nos 2 and 5, the Committee noted that these applications had been withdrawn from consideration by the applicants.
In the case of Application Nos 1, 3 and 4, the Committee noted these applicants had failed to pass the street test, wherein the Committee agreed that the applications be refused.
(i) TAXI DRIVERS LICENCE - RENEWALS
There being no objections, the Committee agreed that the undernoted applications be granted.
|
No |
Name |
|
|
|
|
1 |
Gary Martin |
|
2 |
Ronald Wright |
(j) TAXI OPERATORS LICENCE - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted.
|
No |
Name |
|
|
|
|
1 |
ACE Cabs/Alexander Chivers |
|
2 |
Geoffrey Carl |
(k) TAXI OPERATORS LICENCE - RENEWAL
There was submitted the undernoted application.
|
No |
Name |
|
|
|
|
1 |
Robert Day |
In the case of this application, the Committee noted the application had been remitted back by the Sheriff for consideration. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer and after noting that there were no police objections, the Committee agreed that the application be granted.
(l) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICANTS
There were submitted the undernoted applications.
|
No |
Name |
Address |
|
|
|
|
|
1 |
Pedro O Simoes/The Hub Dundee Ltd |
B23, The Hub, 17 Hawkhill |
|
2 |
Kevin Fullerton/The Hub Dundee Ltd |
B2, The Hub, 17 Hawkhill |
|
3 |
Kamal K Shah/The Hub Dundee Ltd |
D5, The Hub, 17 Hawkhill |
|
4 |
Ross Cluley |
21B Cleghorn Street |
|
5 |
Rosie N Lamb/K Lamb |
8F Lawson Place |
|
6 |
Iqbal Jamal |
2/3, 1 Rustic Place, Dudhope Street |
|
7 |
Devlin Properties Ltd/Michael Devlin |
10 Friary Gardens |
|
8 |
Devlin Properties Ltd/Michael Devlin |
11 Friary Gardens |
|
9 |
Devlin Properties Ltd/Michael Devlin |
12 Friary Gardens |
|
10 |
Christine and William J Irwin |
22 Larch Street |
|
11 |
Anthony McDonald |
G/1, 1 Fyffe Street |
|
12 |
Sunrise Property Services Ltd |
Top Floor, 48 Seafield Road |
|
13 |
Iqbal Jamal |
2/1, 1 Rustic Place, Dudhope Street |
|
14 |
Danielle and Kayleigh Martin |
2/1, 74 Commercial Street |
|
15 |
Iqbal Jamal |
2/2, 1 Rustic Place, Dudhope Street |
In the case of Application Nos 1, 2 and 3, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicant, agreed that the applications be granted.
In the case of Application No 4, the Committee, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the application be granted for a period of one year.
In the case of Application No 5, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicant, agreed that the application be granted subject to all details about contractors being submitted to the Housing Department to their satisfaction.
In the case of Application No 6, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.
In the case of Application Nos 7, 8 and 9, the Committee gave consideration to letters of objection which had been submitted by members of the public along with a late objection. The Committee, having given consideration to the reasons why one of the objections had been submitted late, agreed that the objection be considered. Thereafter, having heard a representative of the objectors, a representative of the Housing Department, an agent on behalf of the applicants, the applicant on their own behalf and consideration of the content of letters of support which had been tabled on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matters be deferred to the meeting of the Committee to be held in March 2009.
In the case of Application Nos 10 to 15, the Committee agreed that consideration of these applications be deferred to a future meeting.
(m) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS
There were submitted the undernoted applications.
|
No |
Name |
Address |
|
|
|
|
|
1 |
Deane Thomas/Rossclare Lettings |
2/1, 54 Seafield Road |
|
2 |
Y D Ltd/Zak Gani |
2/1, 378 Perth Road |
|
3 |
Zulekha Okhai/Shazad Latif |
Top Floor Right, 291 Hawkhill |
|
4 |
Razco Ltd/Shazad Latif |
2/2, 40 Union Street |
In the case of Application No 1, the Committee noted that the representative of the Housing Department had corrected the address of the application to 2/1, 54 Seafield Road and not 2/2 as indicated. Thereafter, the Committee gave consideration to a letter of objection which had been submitted by a member of the public and a letter of support which had been submitted on behalf of the applicant and a request for a variation which had also been received to change the day to day manager to Rossclare Lettings.
The Committee, having heard the objector, the applicant on their own behalf and a representative of the Housing Department, agreed that consideration of the matter be deferred to a future meeting of the Committee to allow the agent to be present. In the meantime, the Committee granted the variation.
In the case of Application No 2, the Committee noted that the objector to the application was not present. Thereafter, having given consideration to the content of the letter of objection which had been received and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.
In the case of Application No 3, the Committee gave consideration to a letter of objection which had been received from a member of the public. Thereafter, having heard the objector, a representative of the Housing Department, the agent on behalf of the applicant and a representative of Tayside Police, the Committee agreed that the application be granted.
In the case of Application No 4, the Committee were advised by the Legal Officer that a letter of objection which had been submitted by a member of the public had not been signed and therefore, could not be considered in the proceedings. Thereafter, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicants, agreed that the application be granted.
(n) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION
There were submitted the undernoted requests for variation.
1 Basement, 44 Roseangle to change of day to day manager to Zakir Karim.
2 Ground Floor, 44 Roseangle to change of day to day manager to Zakir Karim.
3 Top Right, 3 Rustic Place to change of day to day manager to Rossclare Lettings.
The Committee agreed that consideration of these requests be deferred to a future meeting to allow the applicant to attend.
Councillor David Bowes left the Chamber prior to consideration of the undernoted items of business and did not return.
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 DRIVERS LICENCE - SUSPENSION HEARINGS
In the case of hearing (i), Bailie Roderick A J Wallace declared a non-financial interest in this hearing by virtue of the licence holder being known to him in a personal capacity and withdrew from the Chamber during its consideration.
(i) There was submitted a letter of information from Tayside Police relative to the conduct of Mr K A during the currency of his Taxi Driver and Taxi Licence.
Thereafter, having given consideration to the content of the letter and having heard a representative of Tayside Police, the licence holder, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the licence be suspended for a period of one month.
Bailie Roderick A J Wallace re-entered the Chamber prior to consideration of hearing.
(ii) There was submitted a letter of information from Tayside Police relative to the conduct of Mr D C during the currency of his Taxi Driver and Taxi Licence.
Thereafter, having given consideration to the content of the letter and having heard a representative of Tayside Police, the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.
(iii) There was submitted a letter of information from Tayside Police relative to the conduct of Mr R D during the currency of his Taxi Driver and Taxi Licence.
Thereafter, having given consideration to the content of the letter and having heard a representative of Tayside Police, the licence holder, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the licence be suspended for a period of one month.
(iv) There was submitted a letter of information from Tayside Police relative to the conduct of Mr S L during the currency of his Taxi Driver and Taxi Licence.
Thereafter, having given consideration to the content of the letter and having heard a representative of Tayside Police, the licence holder, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the licence be suspended for a period of one month.
(v) There was submitted a letter of information from Tayside Police relative to the conduct of Mr D McC during the currency of his Taxi Driver and Taxi Licence.
Thereafter, having given consideration to the content of the letter and having heard a representative of Tayside Police, the licence holder, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the licence be suspended for a period of one month.
(vi) There was submitted a letter of information from Tayside Police relative to the conduct of Mr S R during the currency of his Taxi Driver and Taxi Licence.
Thereafter, having given consideration to the content of the letter and having heard a representative of Tayside Police, the licence holder, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the licence be suspended for a period of one month.
(b) TAXI DRIVER/PRIVATE HIRE LICENCE - SUSPENSION HEARING
(i) There was submitted a letter of information from Tayside Police relative to the conduct of Mr D J during the currency of his Taxi Driver and Taxi Licence.
Thereafter, having given consideration to the content of the letter and having heard a representative of Tayside Police, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.
(c) TAXI DRIVER/TAXI LICENCE - SUSPENSION HEARING
(i) There was submitted a letter of information from Tayside Police relative to the conduct of Mr L McI during the currency of his Taxi Driver and Taxi Licence.
Thereafter, having given consideration to the content of the letter and having heard a representative of Tayside Police and consideration of the advice of the Legal Officer, the Committee agreed that the licences be suspended for the unexpired period.
(d) PRIVATE HIRE LICENCE - SUSPENSION HEARING
(i) There was submitted a letter of information from Tayside Police relative to the conduct of Mr G M during the currency of his Taxi Driver and Taxi Licence.
At the request of the licence holder, the Committee agreed to defer the hearing to a later date.
(e) TAXI LICENCE - SUSPENSION HEARING
(i) There was submitted a letter of information from Tayside Police relative to the conduct of Mr K D during the currency of his Taxi Licence.
Thereafter, having given consideration to the content of the letter and having heard a representative of Tayside Police and consideration of the advice of the Legal Officer, the Committee agreed that the licence be suspended for its unexpired period.
(f) WINDOW CLEANERS LICENCE - NEW APPLICATION
There was submitted an application by Mr M C for a Window Cleaner's Licence.
The Committee noted that the applicant was not present and agreed that consideration of the matter be deferred to a future meeting.
Lord Provost John R LETFORD, Convener.