Licensing Committee - 14/01/2010

At a MEETING of the LICENSING COMMITTEE held at Dundee on 14th January, 2010.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

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

The minute of meeting of this Committee of 16th December, 2009 was held as read.

Unless marked thus * all items stand delegated.

I DEPUTATIONS

Requests for deputations relative to Item 4(f) TAXI AND PRIVATE HIRE CAR BOOKING OFFICE LICENCES - CONDITIONS had been received from the following organisations:-

(i) Dundee Taxi Association

(ii) Unite the Union

The Committee heard deputations from the Dundee Taxi Association and Unite the Union. The Committee also agreed to hear a late request for deputation from Ken Glass, Solicitor, Blackadders on behalf of the following Taxi and Private Hire Offices, Tay Taxis, Tele Taxis, Dundee Private Hire Ltd and 505050 Taxis. The Committee noted the content of the deputations.

II TAXI LIAISON GROUP - MINUTE OF MEETING

The minute of meeting of the Taxi Liaison Group held on 18th August, 2009, was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

III LICENSING SUB-COMMITTEE - MINUTE OF MEETING

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

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted applications had been granted under delegated powers.

PRIVATE HIRE OPERATORS

SECOND HAND DEALERS

SKIN PIERCING AND TATTOOING

TAXI DRIVERS

WINDOW CLEANERS

(b) APPLICATION FOR USE OF THE AREA BESIDE THE DRAGON

There was submitted an application by Gate Church International for use of the above area. There being no objections, the Committee agreed that the application be granted.

(c) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee, having heard a representative of Waste Management, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the application be granted until 31st May, 2010.

In the case of Application No 2, the Committee, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the application be deferred to a future meeting to allow the applicant to address relevant issues with the Planning Department.

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

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

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Application No 2, the Committee, having considered the advice of the Legal Officer, agreed that the application be granted until 31st May, 2011.

(f) TAXI AND PRIVATE HIRE CAR BOOKING OFFICE LICENCES - CONDITIONS

The Committee agreed that consideration of this item be deferred to the next meeting of the Committee.

(g) ADVERTISING ON PRIVATE HIRE CARS

Reference was made to Items III(f)(2) and (3) of the minute of meeting of the Licensing Committee of 2nd April, 2009. These items were requests by private hire car ("PHC") operators to advertise contact details on their vehicles. Since the requests were for the advertisement of contact details of the offices from which the vehicles were operated rather than the operator's own details, this would have been outwith the current policy of the Committee to allow only the operator's own details to be displayed. The Committee had decided to defer the consideration of the requests for variation to allow the issue to be discussed by the Taxi Liaison Group.

The issue was considered at the meetings of the Group on 18th August, 2009 and 11th December, 2009. There was a concern that to allow this extension of advertising on PHC's would fall foul of Section 14(1) of the Civic Government (Scotland) Act 1982 which stated that, "there shall not be displayed on or in a private hire car any word, sign, notice, mark, illumination or other feature which may suggest that the vehicle is available for hire as a taxi".

As part of the discussion at the Group, information was obtained from other local authorities as to their policies with regard to advertising on PHC's. Twelve responses were received out of the 32 local authorities in Scotland. Of those who responded, eight allowed advertising on PHC's, three did not and one was considering the idea. Of the eight who allowed advertising, two authorities (Perth and Kinross and West Lothian) provided that the vehicle must display a notice saying that it was for advance or pre-booking only. There was support on the Group for the introduction or similar signage on PHC's in Dundee in the event that the advertising policy was amended. Such a measure would address the possible implications of Section 14(1) of the 1982 Act because any PHC with such a notice would not suggest that it was available for hire as a taxi.

It was therefore suggested that the Committee amends its policy to allow advertising on PHC's of the details of the operator or the office from which the vehicle operates, provided the word "taxi" does not appear anywhere in the advertisement and that all PHC's displayed a notice on the front driver and passenger doors to the effect that the vehicle must be pre-booked and would not be insured otherwise. Style signs were being obtained from the other authorities and a design would be submitted to the Committee for approval if the Committee was minded to amend its policy as outlined above. It was not proposed that the requirement for the notice be applied to special events PHC's since they were unlikely to be mistaken for taxis due to their appearance, eg stretch limousines.

The Committee agreed, in principle, to amend its policy as outlined above and requested that a report be submitted in March 2010 as to implementation of the policy (as amended).

(h) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 2 and 3, the Committee, having heard a representative of the Housing Department, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the applications be granted.

In the case of Application Nos 4 to 12, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application Nos 13 to 15, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(i) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation.

(1) A request for variation had been received for 142 (1/2) Perth Road to change of day to day manager to AKG Property Group/Zak Gani.

(2) A request for variation had been received for 14A Union Street to change of day to day manager to Michael Perring/Allan Gladstone.

In the case of Request Nos 1 and 2, there being no objections, the Committee agreed that the requests 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 it involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part 1 of Schedule 7A to the above Act.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE- NEW APPLICATIONS

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

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable 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 consideration of the application be deferred until the meeting of the Licensing Committee to be held in March 2010 to allow the outcome of court proceedings and for an officer of the Housing Division to be present.

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

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable 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 the meeting of the Licensing Committee to be held in December, 2010.

(iii) There was submitted an application by Mr S L for a Taxi Driver'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, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred until the meeting of the Licensing Committee to be held in February 2010.

(iv) There was submitted an application by Mr J McG for a Taxi Driver'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, the applicant on their own behalf, the Committee agreed that consideration of the application be deferred until the meeting of the Licensing Committee to be held in March 2010.

(v) There was submitted an application by Mr J McL for a Taxi Driver'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, the applicant on their own behalf and a representative on behalf of the applicant, the Committee agreed that the application be granted for a period of six months.

(vi) There was submitted an application by Mr B McL for a Taxi Driver'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 granted for a period of six months.

(b) TAXI DRIVER'S LICENCES - SUSPENSION HEARINGS

(i) There was submitted a letter of information 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 and having heard the Clerk, agreed that consideration of the matter be deferred to the meeting of the Licensing Committee to be held in March 2010 to allow the outcome of court proceedings.

(ii) There was submitted a letter of information relevant to the alleged conduct of Mr S M 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, an agent on behalf of the licence holder and the licence holder on their own behalf, the Committee agreed that no further action be taken and that a further hearing be held in six months time.

(iii) There was submitted a letter of information relevant to the alleged conduct of Mr A 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, the Clerk, the licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension with immediate effect and that a fresh hearing be held at the meeting of the Licensing Committee to be held in February 2010.

(c) TAXI DRIVER'S/TAXI OPERATOR LICENCES - SUSPENSION HEARINGS

(i) There was submitted a letter of information relevant to the alleged conduct of Mr W G during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, the Committee gave consideration to the content of the letter and having heard a representative of the Director of Finance and consideration of the advice of the Legal Officer, agreed to defer consideration of the matter until the meeting of the Licensing Committee to be held in February 2010.

(ii) There was submitted a letter of information by the Chief Constable relevant to the alleged conduct of Mr W J during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Clerk, the Committee agreed that consideration of the matter be deferred until the meeting of the Licensing Committee to be held in February 2010.

(iii) There was submitted a letter of information by the Director of Finance relevant to the alleged conduct of Mr W F 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 the Director of Finance and the licence holder on their own behalf, the Committee agreed that no further action be taken.

Roderick A J WALLACE, Convener.