Licensing Committee - 07/05/2009

At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th May, 2009.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

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

The minute of meeting of this Committee of 20th April, 2009 was held as read.

Unless marked thus * all items stand delegated.

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) BOAT HIRE - NEW APPLICATION

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

(b) PET ANIMALS LICENCE - NEW APPLICATION

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

(c) PRIVATE HIRE CAR OPERATORS - NEW APPLICATIONS

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

(d) PUBLIC ENTERTAINMENT - NEW APPLICATION

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

(e) PUBLIC PROCESSION

It was reported that notification had been received from the Fred Roshier Memorial Loyal Orange Lodge No 118 for a procession on Saturday, 27th June, 2009. The parade would begin at 8.30 am in the car park of Wallacetown Health Centre in Victoria Street, proceed along Victoria Street, Victoria Road, Bell Street, Courthouse Square, Ward Road, Reform Street, finishing at City Square.

The Committee noted the procession.

(f) SECOND HAND DEALER'S LICENCE - NEW APPLICATIONS

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

(g) LICENSING OF SKIN PIERCING AND TATTOOING ORDER 2006 - NEW APPLICATION

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

(h) STREET TRADER'S LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that application had also been made for an exemption to allow the applicant to trade in the City Centre area. The Committee gave consideration to the content of the letter.

Thereafter, the Committee, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the application be granted and that the conditions in relation to the prohibition on trading in the City Centre and also the requirement to move location every 15 minutes be removed.

(i) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 2, 4 and 5, the Committee noted that the applicants had failed to pass a street test within the prescribed period and agreed that the applications be refused.

In the case of Application No 3, the Committee noted that this application had been withdrawn from consideration by the applicant.

(j) LIST OF ACCESSIBLE VEHICLES

The Committee agreed that the Metro Cab Series 2, first registered in 1992, be removed from the list of accessible vehicles.

(k) TAXI OPERATOR'S LICENCE - NEW APPLICATION

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

(l) USE OF MURRAYGATE - NEW APPLICATION

It was reported that an application had been received from the AOG Full Gospel Church for the use of the Murraygate every Wednesday from 2pm to 3pm to play music and distribute leaflets.

The Committee agreed to the request.

(m) REQUEST FOR VARIATIONS

There were submitted the undernoted requests for variations.

In the case of request number 1, the Committee gave consideration to a letter of application for variation to remove the side lettering from the vehicle.

Thereafter, having heard the applicant on his own behalf, and consideration of the advice of the Clerk, the Committee agreed that this request be granted.

In the case of request number 2, the Committee gave consideration to a letter of application for variation to replace the white plate with a disc and to remove side lettering from the vehicle.

Thereafter, having heard the applicant on their own behalf, the Committee agreed that this request be granted.

(n) 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 applicant on their own behalf, agreed that the application be granted subject to the applicant making contact with the Housing Department to confirm their compliance with the new regulations and rules in relation to the management of houses in multiple occupation.

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 subject to the applicant making contact with the Housing Department to their compliance with the new regulations and rules in relation to the management of houses in multiple occupation.

In the case of Application Nos 3 to 8, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(o) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATION

It was reported that request for variation for The Hub, 17 Hawkhill to change the day to day manager to Corporate Residential Management Ltd/Keith White had been received.

There being no objections, the Committee agreed that the request 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.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted five applications by Mr Z K and Associates for renewal of Houses in Multiple Occupation Licences.

The Committee gave consideration to a letter of objection which had been submitted by the Private Sector Services Manager of the Housing Department relative to these applications.

Thereafter, having heard an agent on behalf of the applicants and consideration of the advice of the Legal Officer, the Committee agreed that further consideration of the application be deferred until July 2009, to allow outstanding matters to be resolved.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATION

Bailie Roderick A J Wallace declared a non-financial interest in the undernoted application by virtue of the action taken by a member of his family in a professional capacity and left the Chamber during its consideration, whereupon the Chair was taken by the Depute Convener, Councillor Andrew Dawson.

There was submitted an application by Mr C McC for a Taxi Drivers Licence.

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application.

Thereafter, having heard a representative of the Chief Constable and a representative on behalf of the applicant, the Committee agreed that the application be refused.

Bailie Roderick A J Wallace re-entered the Chamber prior to consideration of the undernoted item of business, whereupon he resumed the Chair.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

There was submitted a letter of information from Tayside Police relevant to the conduct of Mr G L during the currency of his Taxi Drivers Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the suspension be continued with immediate effect.

(d) TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr K D during the currency of his Taxi Operators Licence.

The Committee noted that this licence had been suspended by the Committee on 15th January, 2009 and that the matter had been remitted back by the Sheriff for further consideration.

The Committee, having heard the Clerk, agreed that consideration of the matter be deferred to a future meeting of the Committee.

(e) TAXI DRIVER'S LICENCE - RENEWAL

There was submitted an application by Mr K D for renewal of his Taxi Driver's Licence.

The Committee noted the application had been refused by the Committee on 15th January, 2009 and that the matter had been remitted back by the Sheriff for further consideration.

There were submitted copies of the original letters of objection to this application from the Corporate Food Safety Adviser and Tobacco Control Officer.

The Committee, having heard the Clerk, agreed that consideration of the matter be deferred to a future meeting of the Committee.

Roderick A J WALLACE, Convener.