Licensing Committee - 05/11/2009

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th November, 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 1st October, 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 1st October, 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

There was submitted a list of new applications which had been granted under delegated powers, a copy of which is attached to this minute as (Appendix II).

The Committee noted accordingly.

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

It was reported that the Mercedes - Benz Vito 111 CDi presented by Patons, Glasgow had been assessed by the Plant and Vehicle Officer and the Cabs Enforcement Officers and that having received the appropriate certificate, they had 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) LATE HOURS CATERING - NEW APPLICATIONS

There was submitted the undernoted application.

In the case of this application, the Committee noted that the objector to the application was not present. The Committee noted that the objection had been submitted late and, having given consideration to the content of the letter of support which had been tabled explaining the reason why the objection had been submitted late and consideration of the advice of the Legal Officer, agreed that the objection be considered. Thereafter, the Committee gave consideration to the content of the objection and, having heard the applicant on their own behalf, agreed that the application be granted.

(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 4, the Committee noted that the applicants were not present and agreed that the applications be considered in their absence. Thereafter, the Committee, having noted that the applicants had failed to pass the street test within the prescribed period, agreed that the applications be refused.

(e) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 4, 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 Nos 5 to 11, the Committee agreed that these applications be deferred to a future meeting of the Committee.

(f) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation.

(1) A request for variation has been received for G/0, 54 Roseangle to change of day to day manager to Albionlet Ltd.

(2) A request for variation has been received for 9 G/2, 293 Hawkhill to change of day to day manager to I B Murray & Son.

(3) A request for variation has been received for 3/1, 51 Meadowside to change of day to day manager to Grant Management.

(4) A request for variation has been received for 1/1, 70C Polepark Road to change of day to day manager to Albionlet Ltd.

(5) A request for variation has been received for 6 St Mary's Place to change of day to day manager to Albionlet Ltd.

(6) A request for variation has been received for 21 Constitution Crescent to change of day to day manager to Anne McCue.

(7) A request for variation has been received for 23 Constitution Crescent to change of day to day manager to Grant Management.

(8) A request for variation has been received for 2/1, 50E Seafield Road to change of day to day manager to Finlayson Gore Ltd.

(9) A request for variation has been received for 1 Milnbank Gardens to change of day to day manager to 2 Rent Me Property Management.

(10) A request for variation has been received for 11 Larch Street to change of day to day manager to Grant Management.

In the case of Request Nos 1, 3, 4, 5, 6, 8 and 10, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, and noting that there were no objections to the requests, agreed that the requests be granted.

In the case of Application No 2, the Committee noted that the representative was not present and agreed that the matter be considered in their absence. Thereafter, having heard a representative of the Housing Department and noting that there were no objections to the request, the Committee agreed that the request be granted.

In the case of Request No 7, the Committee, having heard a representative of the Housing Department and consideration of the advice of the Legal Officer, agreed that consideration of the request be deferred to allow other matters in relation to this application to be considered at the same time.

In the case of Request No 9, the Committee noted that the day to day manager was currently 2 Rent Me Property Management and that the request for variation was to allow occupancy levels to be reduced from five to four. There being no objections, the Committee agreed that the request 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 APPLICATIONS

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

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, a representative on behalf of the company and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the application be granted subject to the company in question submitting a written statement to the Licensing Department requesting that the conditions be varied to allow the storage of the type of goods in question to be stored in such other premises as approved by the Licensing Authority.

(ii) There was submitted an application by Mr W H for a Second Hand Dealer's 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 Tayside Police, and the applicant on their own behalf, the Committee agreed that the application be refused.

(b) TAXI DRIVER'S LICENCE- NEW APPLICATIONS

(i) There was submitted an application by Mr S B for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until May 2010.

(ii) There was submitted an application by Mr S C for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, a representative on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the application be granted until May 2010.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) There was submitted a letter of information from Tayside Police relevant 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. Thereafter, having heard a representative of Tayside Police and consideration of the advice of the Clerk and Legal Officer, the Committee agreed that the matter be adjourned to the meeting of the Licensing Committee to be held in January 2010, at which time a fresh suspension hearing would be called.

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

The Committee gave consideration to the content of the letter. Thereafter, having heard the Principal Environmental Health Officer, the licence holder on their own behalf and consideration of the advice of the Legal Officer and having received confirmation that the fixed penalty notice referred to had been paid, the Committee agreed that no further action be taken.

(iii) There was submitted a letter of information from the Chief Constable relevant 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 and having heard a representative of Tayside Police and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr K S with immediate effect for the unexpired portion of the licence until May 2011.

(iv) There was submitted a letter of information from Tayside Police relevant to the alleged conduct of Mr A W 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 and having heard a representative of Tayside Police and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr A W with immediate effect until the meeting of the Committee to be held in January 2010, at which time a fresh suspension hearing would be convened.

Councillor Tom Ferguson declared a non-financial interest in the undernoted item of business by virtue of the licence holder being known to him in a personal capacity and withdrew from the Chamber prior to its consideration.

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

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police, the licence holder on their own behalf and a representative in support of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken in relation to the Taxi Driver's and Taxi Operator's Licences held by Mr J S.

Roderick A J WALLACE, Convener.

APPENDIX II

DELEGATED LIST FOR 5TH NOVEMBER, 2009 COMMITTEE

Late Hours Catering

Private Hire Drivers

Private Hire Operators

Second Hand Dealers

Taxi Drivers

Taxi Operators

Window Cleaners