Licensing Committee - 01/10/2009

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st October, 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 3rd September, 2009 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING SUB-COMMITTEE - MINUTE OF MEETING

The minute of meeting of the Licensing Sub-Committee held on 3rd September, 2009 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The list of new applications granted under delegated powers was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix II.

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

It was reported that the Scudo 2 presented by Scotcab had been assessed by the Plant and Vehicle Officer and the Cabs Enforcement Officers and that having received appropriate certificate, they recommended that this vehicle be added to the list of accessible vehicles.

The Committee agreed that this vehicle be added to the list of accessible vehicles.

(c) LICENSING OF TAXI AND PRIVATE HIRE CAR BOOKING OFFICES

There was submitted Report No 431-2009 by the Depute Chief Executive (Support Services) advising of the introduction of a mandatory scheme for taxi and private hire car booking offices, to agree conditions to be attached to licences and to fix an appropriate fee for applications.

The Committee agreed:-

(i) to note the introduction of the new scheme for the licensing of taxi and private hire car booking offices;

(ii) that the conditions listed in Appendix 1 to the report be approved as the mandatory conditions to be attached to licences issued under the scheme;

(iii) that a report be submitted to the meeting of the Committee in January 2010 following consultation with the Taxi Liaison Group as to additional local conditions to be attached to licences; and

(iv) that the fee for applications for licences be fixed at 110 for a one year licence.

(d) REQUESTS FOR VARIATION - PRIVATE HIRE OPERATORS

There were submitted the undernoted requests for variations.

In the case of request Nos 1 and 2, the Committee agreed to the variation of Private Hire Operator's Licences to allow tinted windows on the vehicles specified.

(e) 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, agreed that the applications be granted.

In the case of Application Nos 6, 7 and 8, the Committee noted that the objector to the applications was not present. The Committee gave consideration to the letters of objection which had been submitted by 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 an agent on behalf of the applicant, the Committee agreed that the applications be granted.

In the case of Application No 9, the Committee noted that the objector to this application was not present. The Committee gave consideration to the letter of objection which had been submitted by a member of the public relative to this application. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

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

(f) HOUSES IN MULTIPLE OCCUPATION - RENEWALS

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

(g) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation.

(1) G/R, 10 Victoria Road to change of day to day manager to Faizal Hussein.

(2) Flat 1, 3 Roseangle Court to change of day to day manager to Rossclare Lettings.

(3) 9 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(4) 17 Courthouse Apartments, 17 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(5) 18 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(6) 19 Courthouse Apartments, 19 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(7) 20 Courthouse Apartments, 20 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(8) 21 Courthouse Apartments, 21 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(9) 22 Courthouse Apartments, 22 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(10) 23 Courthouse Apartments, 23 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(11) 24 Courthouse Apartments, 24 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(12) 25 Courthouse Apartments, 25 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(13) 26 Courthouse Apartments, 26 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(14) 27 Courthouse Apartments, 27 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(15) 29 Courthouse Apartments, 29 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(16) 30 Courthouse Apartments, 30 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(17) 7 Courthouse Apartments, 7 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(18) 8 Courthouse Apartments, 8 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(19) 10 Courthouse Apartments, 10 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(20) 11 Courthouse Apartments, 11 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(21) 12 Courthouse Apartments, 12 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(22) 28 Courthouse Apartments, 28 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(23) 31 Courthouse Apartments, 31 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(24) 3 Courthouse Apartments, 3 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(25) 14 Courthouse Apartments, 14 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(26) 1 Courthouse Apartments, 1 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(27) 2 Courthouse Apartments, 2 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(28) 4 Courthouse Apartments, 4 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(29) 5 Courthouse Apartments, 5 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(30) 6 Courthouse Apartments, 6 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(31) 13 Courthouse Apartments, 13 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(32) 16 Courthouse Apartments, 16 Johnston Street to change of day to day manager to University of Abertay, Dundee.

(33) 15 Courthouse Apartments, 15 Johnston Street to change of day to day manager to University of Abertay, Dundee.

In the case of request Nos 1 to 33, there being no objections, the Committee agreed that the requests 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.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

There was submitted an application by G L S for a Second Hand Dealer's Licence.

The Committee noted that the applicant was not present and after consideration of the advice of the Legal Officer and the Clerk, the Committee agreed that the application be deferred to a future meeting to allow the applicant to be present.

(b) SECOND HAND DEALER'S LICENCE - SUSPENSION HEARING AND REQUEST FOR VARIATION TO CONDITIONS

There was submitted a letter of information from Tayside Police relevant to the alleged conduct of D/CC during the currency of their Second Hand Dealer's Licence. The Committee gave consideration to the content of the letter and a letter of support submitted by the agent for the licence holder.

The Committee noted that Tayside Police had withdrawn their complaint and after giving consideration to the advice of the Legal Officer, the Committee agreed that no further action would be taken and agreed to the variation to Condition 1 of the licence.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) There was submitted a letter of information from Tayside Police relative to the alleged conduct of Mr D A during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having given consideration to the content of the letter from Tayside Police, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr D A until December 2009, at which time a further suspension hearing would be convened.

(ii) There was submitted a letter of information from Tayside Police relative to the alleged conduct of Mr G F during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and agreed to defer consideration of the matter for a period of one month to allow the licence holder to be present.

(iii) There was submitted a letter of information from Tayside Police relative to the alleged conduct of Mr A G during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having given consideration to the content of the letter from Tayside Police and the advice of the Legal Officer, the Committee agreed to continue suspension of the Taxi Driver's Licence held by Mr A G until December 2009, at which time a further suspension hearing would be convened.

(iv) There was submitted a letter of information from the Principal Environmental Health Officer relative to the alleged conduct of Mr R N during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and agreed that consideration of the matter be deferred for a period one month to allow the licence holder to attend.

(v) There was submitted a letter of information from Tayside Police relative to the alleged conduct of Mr D P during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having given consideration to the content of the letter from Tayside Police and having heard a representative of Tayside Police, consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the suspension be removed with immediate effect and that no further action be taken.

(vi) There was submitted a letter of information from Tayside Police relative to the alleged conduct of Mr K S during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having given consideration to the content of the letter from Tayside Police and having heard the Clerk, the Committee agreed to continue suspension until November 2009, at which time a further suspension hearing would be convened.

(d) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

Councillor Tom Ferguson declared a non-financial interest in the undernoted matter by virtue of the licence holder being known to him on a personal capacity and left the Chamber prior to its consideration and did not return. Councillor Laurie Bidwell entered the Chamber prior to consideration of the undernoted matter.

There was submitted a letter of information from Tayside Police relative to the alleged conduct of Mr J S during the currency of his Taxi Driver and Taxi Operator's Licences.

The Committee gave consideration to the content of the letter submitted by Tayside Police. The Committee also gave consideration to a letter of support which had been tabled by the licence holder. Thereafter, having heard a representative from Tayside Police, the Clerk, and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the matter until December 2009 to await the outcome of Court proceedings, at which time a further suspension hearing would be convened.

Roderick A J WALLACE, Convener.

APPENDIX II

DELEGATED LIST FOR 1ST OCTOBER COMMITTEE

Cinema

Private Hire Operators

Taxi Drivers

Taxi Operators

Window Cleaners