Licensing Committee - 05/02/2009

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th February, 2009.

Present:-

COUNCILLORS

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

The minute of meeting of this Committee of 15th January, 2009 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 15th January, 2009 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) PET ANIMALS LICENCE - RENEWAL

There was submitted the undernoted application.

In the case of this application, the Committee agreed that consideration of the application be deferred to the next meeting of the Committee to allow the Environmental Health and Trading Standards Department to conclude their enquiries.

(b) SECOND HAND DEALER'S LICENCE - NEW APPLICATION

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

(c) LICENSING OF SKIN PIERCING AND TATTOOING ORDER 2006

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

(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicant had passed the street test and that the application had been granted in terms of the scheme of delegation to the Clerk.

In the case of Application Nos 2, 3 and 6, the Committee noted that these applicants had failed to pass the street test within the prescribed period and agreed that the applications be refused.

In the case of Application Nos 4, 5 and 7, the Committee noted that these applications had been withdrawn from consideration by the applicants.

(e) TAXI DRIVER'S LICENCE - RENEWAL

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

(f) TAXI OPERATORS - NEW APPLICATIONS

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.

In the case of Application No 2, the Committee noted that the letter of objection which had been submitted by a member of the public in relation to this application had been withdrawn, and there being no further objections, the Committee agreed that the application be granted.

(g) WINDOW CLEANER'S LICENCE - RENEWAL

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

(h) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

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

In the case of Application No 2, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicant, agreed that the application 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 5, the Committee noted that the objection which had been submitted by Sheila Henderson had been withdrawn and that the remaining objector was not present. Thereafter, having given consideration to the content of the remaining letter of objection and having heard a representative of the Housing Department and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(i) HOUSES IN MULTIPLE OCCUPATION - RENEWALS

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 the advice of the Legal Officer, agreed that the application be granted.

(j) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation.

In the case of request nos 1 and 2, the Committee, having heard a representative of the Housing Department, the applicant on his own behalf and consideration of the advice of the Legal Officer, agreed that consideration of both requests for variation be deferred to the March meeting of the Committee to allow the Housing Department to conclude their enquiries and for the applicant to produce evidence of the contractual position to the satisfaction of the Housing Department.

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) PRIVATE HIRE CAR OPERATORS - NEW APPLICATION

There were submitted two applications by company A for Private Hire Car Operator's Licences.

The Committee, having heard representatives of the company, a representative of Tayside Police and consideration of the advice of the Legal Officer, agreed that the applications be granted until the end of May 2009.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

(i) There were submitted two applications by Mr R H for Houses in Multiple Occupation Licences.

In the case of these applications, the Committee gave consideration to letters of representation which had been submitted by the Housing Department relative to these applications. Thereafter, having heard a representative of the Housing Department, the applicant on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted.

(ii) There was submitted an application by Mr J H for a Houses in Multiple Occupation Licence.

In the case of this application, the Committee gave consideration to a letter of representation which was submitted by the Housing Department. Thereafter, having heard a representative of the Housing Department, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(c) PRIVATE HIRE CAR LICENCE - SUSPENSION HEARING

There was submitted a letter of information from the Plant and Vehicle Officer relative to the condition of the vehicle operated by Mr G M when it was submitted for test.

The Committee gave consideration to the content of the letter and having heard the Plant and Vehicle Officer, the licence holder, a representative of Tayside Police and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that the licence holder re‑submit their vehicle for test within the next 30 days.

(d) WINDOW CLEANER'S LICENCE - NEW APPLICATION

In the case of this application, Bailie Roderick A J Wallace declared a non-financial interest by virtue of the actions taken by a member of his family in a professional capacity and withdrew from the Chamber during its consideration.

There was submitted an application by Mr M C for a Window Cleaner's Licence.

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relative to this application and having heard a representative of Tayside Police and the applicant on his own behalf, the Committee agreed that the application be granted.

Lord Provost John R LETFORD, Convener.