Licensing Committee - 28/05/2009

At a MEETING of the LICENSING COMMITTEE held at Dundee on 28th 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 7th May, 2009 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING SUB-COMMMITTEE - MINUTE OF MEETING

The minute of meeting of the Licensing Sub-Committee held on 7th May, 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) MARKET OPERATORS - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee, having heard the applicant on their own behalf, agreed that the application be granted.

(b) PRIVATE HIRE CAR OPERATORS - NEW APPLICATIONS

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

(c) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

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

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

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

(e) STREET TRADER'S LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee, having heard the applicant on their own behalf, agreed that the application be granted and that the condition relating to the prohibition of street trading in the city centre area not be applied.

(f) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS

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

(g) 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 an agent on behalf of the applicant, agreed that the application be granted subject to conditions.

In the case of Application Nos 2 to 8, the Committee agreed that consideration of these applications be deferred to the meeting of the Licensing Committee to be held on 2nd July, 2009.

In the case of Application Nos 9 to 15, the Committee noted that the agent for these applications was Graham & Sibbald. Thereafter, having heard a representative of the Housing Department and an agent on behalf of the applicants, the Committee agreed that the applications be granted subject to conditions.

In the case of Application No 16, 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 Nos 17 to 31, the Committee, having heard a representative of the Housing Department, a representative of Tayside Fire and Rescue, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the applications be granted for a period of six months subject to further inspections and compliance with regulations in relation to houses in multiple occupation.

In the case of Application Nos 32 to 34, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(h) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation:-

(1) East Port House, 65 King Street to change of day to day manager to Andrew Greaves.

(2) 41C Tullideph Place to change of day to day manager to Fiona Findlay.

In the case of Request Nos 1 and 2, there being no objections, the Committee agreed that the requests be granted.

(i) HOUSES IN MULTIPLE OCCUPATION - RENEWAL 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.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PRIVATE HIRE DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr W B for a Private Hire Driver's Licence.

The Committee gave consideration to a letter of representation which was submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, the applicant on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be deferred to a future meeting of the Committee.

(b) STREET TRADER - REQUEST TO VARY CONDITION OF LICENCE

There was submitted a request by Ms C S to vary the condition of her licence for a Street Trader's Licence.

The Committee gave consideration to a letter of support submitted by the applicant. Thereafter, after having heard the applicant on her own behalf and consideration of the advice of the Clerk, the Committee agreed that the licence be varied and the normal conditions of the licence restored.

(c) TAXI DRIVER AND TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

There was submitted a letter of information relevant to the alleged conduct of Mr P R during the currency of his Taxi Driver and Taxi Operator's Licence.

The Committee gave consideration to the content of the letter and information which was submitted by Tayside Police. Thereafter, having heard a representative of Tayside Police, the applicant on their own behalf and consideration of advice of the Clerk, the Committee agreed that no further action be taken on the Taxi Operator's Licence held by Mr P R and that in relation to the Taxi Driver's Licence held by Mr P R that this continue to be suspended with immediate effect.

Roderick A J WALLACE, Convener.