Licensing Committee - 02/04/2009

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd April, 2009.

Present:-

COUNCILLORS

Bailie Roderick A J WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 5th March, 2009 was held as read.

Unless marked thus * all items stand delegated.

I RESIGNATION

The Committee noted that Lord Provost John R Letford had resigned as Convener of the Licensing Committee and by virtue of that an ordinary member of the Licensing Committee.

Bailie Roderick A J Wallace paid tribute to the contribution the Lord Provost had made to the work of the Licensing Committee both as a member and a Convener over his period of tenure.

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 5th March, 2009 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING - NEW APPLICATION

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

(b) PET ANIMALS LICENCE - RENEWAL

There was submitted the undernoted application.

The Committee noted that this application had been deferred from the Licensing Committee held on 5th February, 2009 to allow further works to be carried out.

Thereafter, the Committee, having heard a representative from the Environmental Health and Trading Standards Department, the applicant on their own behalf and consideration of the advice of the Clerk, agreed that consideration of the application be deferred to a future meeting of the Committee.

(c) PRIVATE HIRE CAR DRIVER - NEW APPLICATION

There was submitted the undernoted application:-

The Committee noted that the applicant had failed to pass the knowledge test within the prescribed period and agreed that the application be refused.

(d) PRIVATE HIRE CAR OPERATORS - NEW APPLICATIONS

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

(e) PUBLIC PROCESSION

It was reported that a notification had been received from the Dundee Blues and Royals for a procession on Saturday, 30th May, 2009. The parade would begin at 2.30 pm in Baxter Park where it would then head onto Arbroath Road, Princes Street, King Street, Wellgate, Meadowside, Reform Street, Nethergate, City Churches (to lay wreath), Marketgait, Hawkhill, Hunter Street and finish in Old Hawkhill.

The Committee noted the procession as indicated.

(f) REQUEST FOR VARIATION

There were submitted the undernoted requests for variation.

In the case of Request No 1, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having given consideration to the content of the request and having heard the Clerk, the Committee agreed to grant the request for variation to allow tinted windows and that the matter in relation to side lettering on the vehicle be deferred to a future meeting of the Committee.

In the case of Request Nos 2 and 3, the Committee, having heard a representative on behalf of the applicants and consideration of the advice of the Legal Officer, agreed that the requests be deferred to a future meeting of the Committee following discussion at a meeting of the Taxi Liaison Group.

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

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

(h) IMPROVING ACCESS TO TAXIS - CONSULTATION

It was reported that on 30th January, 2009, the Department for Transport (DfT) issued the above consultation document. This looked at ways of improving access to taxis by disabled people. Many of the issues addressed by the consultation were similar to those contained in the local consultation instructed by the Taxi Liaison Group last year, and included the possible introduction of mandatory accessibility standards for taxis. Following discussion at the Taxi Liaison Group, it was decided that the local consultation exercise should be placed in abeyance pending the issue of the national version. A response on behalf of the Council to the DfT document was being prepared and would be submitted for approval to a special meeting of the Committee before the closing date of 24th April, 2009. In addition, a member of staff would attend the DfT workshop event in Edinburgh on 31st March, 2009 run in conjunction with the consultation. Although the various sectors of the taxi trade would no doubt be submitting their own response, it was intended that the results of the local consultation would be included in the Council's response to the DfT.

The Committee noted the terms of the note.

(i) APPROVED LIST OF ACCESSIBLE VEHICLES - ADDITION TO LIST

It was reported that the Metro Cab Series 2 first registered in 1992 had been assessed by the Plant and Vehicle Officer and the Cabs Enforcement Officer and that the appropriate certification had been received.

The Committee agreed to add the vehicle to the list of accessible vehicles.

(j) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant had failed to pass the street test within the prescribed period and agreed that the application be refused.

(k) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS

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

(l)                   HOUSES IN MULTIPLE OCCUPATION - CHARTER

This item of business had been withdrawn from consideration.

(m) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 5, 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 6, the Committee gave consideration to a letter of objection which had been received from a member of the public and a letter of support which had been submitted by the applicant. Thereafter, 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.

In the case of Application Nos 7, 8, 10, 11 and 12, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

In the case of Application No 9, the Committee noted that this application had been dealt with at Application No 5.

(n) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There being no objections, the Committee agreed to a request for variation which had been received for 3/2, 43 Union Street to change of day to day manager to 2 Rent Me Property Management Ltd.

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

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

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

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted two requests for variation by Mr Z K for Houses in Multiple Occupation Licences.

The Committee gave consideration to observations which had been submitted by the Private Sector Services Manager in relation to these requests. Thereafter, having heard the 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 requests be refused.

(b) TAXI DRIVER'S LICENCE - REQUEST FOR EXEMPTION FROM NEW STREET TEST

There was submitted a letter from Mr S A requesting exemption from sitting the new street test.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having given consideration to the content of the letter and having heard the Clerk and consideration of the advice of the Legal Officer, agreed that the request not be granted.

(c) PRIVATE HIRE LICENCE - SUSPENSION HEARINGS

There was submitted a letter of information from Tayside Police relative to the conduct of Company B during the currency of their Private Hire Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Company and a representative of Tayside Police, the Committee agreed that no further action be taken.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) There was submitted a letter of complaint from the Fraud and Liaison Supervisor of Dundee City Council relative to the conduct of Mr K A during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the complaint and having heard the Fraud and Liaison Supervisor, an agent on behalf of the applicant, consideration of the content of documentation submitted in support of the licence holder and consideration of the advice of the Legal Officer, agreed that the matter be deferred pending the outcome of court proceedings.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S A during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police, a representative on behalf of the licence holder and consideration of the advice of the Clerk and Legal Officer, the Committee agreed that no further action be taken.

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J McG during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police, a representative on behalf of the applicant and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that no further action be taken.

(iv) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr H W during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police and an agent on behalf of the applicant, the Committee agreed that no further action be taken.

(e) TAXI DRIVER/PRIVATE HIRE LICENCE - SUSPENSION HEARING

There was submitted a letter of information relative to the alleged conduct of Mr B G during the currency of his Taxi Driver and Private Hire Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police, a representative on behalf of the licence holder and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that no further action be taken.

(f) TAXI DRIVER/TAXI LICENCE - SUSPENSION HEARING

There was submitted a letter of information from Tayside Police relative to the alleged conduct of Mr N B during the currency of his Taxi Driver and Taxi Licence. Thereafter, having heard a representative of Tayside Police, the licence holder on their own behalf, a representative of the licence holder, consideration of a letter of support which had been submitted on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that a verbal caution be issued.

Roderick A J WALLACE, Convener.