Licensing Committee - 02/07/2009
At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd July, 2009.
Present:-
Bailie Roderick A J WALLACE
COUNCILLORS
|
David BOWES |
Andrew DAWSON |
Tom FERGUSON |
|
Alan ROSS |
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Helen DICK |
Bailie Roderick A J WALLACE, Convener, in the Chair.
The minute of meeting of this Committee of 28th May, 2009 was held as read.
Unless marked thus * all items stand delegated.
I LICENSING SUB-COMMMITTEE - MINUTES OF MEETINGS
The minutes of meetings of the Licensing Sub-Committee held on 28th May, 4th and 5th June, 2009, were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II and III.
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) PRIVATE HIRE OPERATOR - NEW APPLICATIONS
There were submitted the undernoted applications.
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No |
Name
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|
|
1 |
Nicola Bell |
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|
2 |
Suzanne Berwick |
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|
3 |
Central Cab Care Ltd/Tracey Smithies x 2 |
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4 |
Marcello Cortese |
|
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5 |
Pamela Gourlay |
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6 |
Alexander Lunan |
|
In the case of Application Nos 1, 2, 4, 5 and 6, there being no objections, the Committee agreed that these applications be granted.
In the case of Application No 3, the Committee agreed that consideration of this application be deferred to a future meeting of the Committee.
(b) PUBLIC ENTERTAINMENT - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted.
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No |
Name |
Address of Premises |
Hours of Opening
|
|
1 |
Dundee City Council/ Claire McGivern |
Baxter Park |
Family Fun Day 8th August, 2009 12 noon to 4pm
|
|
2 |
The European Entertainment Corporation/Paul Archer |
Caird Park |
The Moscow State Circus 5th to 9th August, 2009 |
(c) SECOND HAND DEALER'S LICENCE - NEW APPLICATION
There being no objections, the Committee agreed that the undernoted application be granted.
|
No |
Name |
Address of Premises |
Type of Goods
|
|
1 |
Helen Dempsey |
Trading Post 9/11 Albert Street |
Furniture, electrical, musical items, jewellery, mobile phones and bric-a-brac. |
(d) LICENSING OF SKIN PIERCING AND TATTOOING - NEW APPLICATION
There was submitted the undernoted application.
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No |
Name |
Address of Premises
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|
1 |
Mandarin Healthcare Ltd/ Ms Li Luan |
Unit 23, Overgate |
In the case of this application, the Committee, having heard a representative of Environmental Health and Trading Standards and a representative on behalf of the applicant, agreed that the application be granted.
(e) SCHEME OF DELEGATION
It was reported that the Committee have delegated power to the Depute Chief Executive (Support Services) in consultation with the Convener to grant applications for renewal of Schedule 1 Licences under the Civic Government (Scotland) Act 1982, where the application was within policy and there were no comments from Officers or objections or representations. The Depute Chief Executive (Support Services) and the Convener also had authority to grant new Taxi Driver, Window Cleaner and Street Trade's Licences under the same circumstances.
The Committees policies were now well established and it was recommended that delegation be extended to all new applications under Schedule 1 of the 1982 Act, again where they were within policy and there were no comments, objections or representations. The Committee were also asked that this be extended to any applications for Taxi Licences received before 31st July, 2009, where the applicants had failed timeously to apply for renewal of their original licence and were seeking a new licence on a like-for-like basis.
As regards new applications for HMO Licences, it was recommended that these continue to be dealt with by the Committee.
The Committee agreed the terms of the note and the additional delegation outlined above.
(f) TAXI LIAISON - MEMBERSHIP
There was submitted a letter from Mr David Young of Dundee Private Hire Ltd seeking membership of the Taxi Liaison Group.
The Committee gave consideration to the content of the letter. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Clerk, the Committee agreed that Mr Young be reinstated as a member of the Taxi Liaison Group and that this position be reviewed after the next meeting of the Group to be held in August 2009.
(g) TAXI DRIVER'S LICENCE - NEW APPLICATION
There was submitted the undernoted application.
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No |
Name
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1 |
Robert Banks |
In the case of this application, the Committee noted that the applicant had failed to pass the street test within the prescribed period and agreed that the application be refused.
(h) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications.
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No |
Name
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1 |
Alfra Ltd/Alan Dickson |
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2 |
John Barclay |
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3 |
Briter Taxis/Terence Small |
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|
4 |
Central Cab Care Ltd/Tracey Smithies |
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5 |
Scott Conacher |
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6 |
Richard I Gordon |
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7 |
Top Flite Taxis/Stephen Cashley |
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In the case of Application Nos 1, 2, 3, 5, 6 and 7, there being no objections, the Committee agreed that the applications be granted.
In the case of Application No 4, the Committee agreed consideration of this application be deferred to a future meeting of the Committee.
(i) USE OF MURRAYGATE - NEW APPLICATIONS
There were submitted the undernoted applications.
|
No |
Applicant
|
Purpose |
|
1 |
AOG Full Gospel Church |
Use of the Murraygate every Wednesday from 2pm to 3pm to play music and distribute leaflets from 8th July, 2009 to 6th January, 2010. |
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|
|
|
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2 |
Gate Church International |
Use of the Dragon location twice a month on a Saturday from 10.30 am to 1pm. |
In the case of Application Nos 1 and 2, there being no objections, the Committee agreed that the applications be granted.
(j) PRIVATE HIRE OPERATOR'S LICENCE - REQUEST FOR VARIATION
There was submitted the undernoted request for variation.
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No |
Name
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|
|
1 |
Andrew Gaffney |
|
There being no objections, the Committee agreed to grant the request for variation to allow tinted windows on the vehicle to which the licence related.
(k) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
There were submitted the undernoted applications.
|
No |
Name |
Address
|
|
1 |
GRL Properties Ltd/Frederick Shearer |
Courthouse Apartments, 15 Johnston Street |
|
2 |
Satellite Workshop Ltd/Neil Thomson |
24 Springfield |
|
3 |
Satellite Workshop Ltd/Neil Thomson |
11 Springfield |
|
4 |
Satellite Workshop Ltd/Neil Thomson |
12 Springfield |
|
5 |
Satellite Workshop Ltd/Neil Thomson |
13 Springfield |
|
6 |
Torith Ltd/Lee Chadwick |
Campus Apartments, Flat 19, 2 Blinshall Street |
|
7 |
Torith Ltd/Lee Chadwick |
Campus Apartments, Flat 20, 2 Blinshall Street |
|
8 |
Torith Ltd/Lee Chadwick |
Campus Apartments, Flat 24, 2 Blinshall Street |
|
9 |
Torith Ltd/Lee Chadwick |
Campus Apartments, Flat 27, 2 Blinshall Street |
|
10 |
Torith Ltd/Lee Chadwick |
Campus Apartments, Flat 28, 2 Blinshall Street |
|
11 |
Torith Ltd/Lee Chadwick |
Campus Apartments, Flat 23, 2 Blinshall Street |
|
12 |
Beckett and Herd/Richie Hawkins |
Flat 1, 11 Seabraes Lane |
|
13 |
Beckett and Herd/Richie Hawkins |
Flat 2, 11 Seabraes Lane |
|
14 |
Elton Beckett/Richie Hawkins |
Flat 3, 11 Seabraes Lane |
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15 |
Evangeline G Herd/Richie Hawkins |
Flat 5, 11 Seabraes Lane |
|
16 |
Torith Ltd/Ritchie Hawkins |
Campus Apartments, Flat 10, 2 Blinshall Street |
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17 |
Louise and David A Hagan |
12 Daniel Place |
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18 |
Sale Development Ltd |
8B Panmure Street |
|
19 |
Lauren Clunie |
4/1, 4 Whitehall Street |
|
20 |
Lynne and Stewart Pringle |
1/2, 13 Blackness Avenue |
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21 |
Helen S Angell-Preece |
25 Seymour Street |
In the case of Application No 1, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed that the application be granted.
In the case of Application Nos 2 to 5, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicants, agreed that the applications be granted.
In the case of Application Nos 6, 7 and 11, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the applications be granted.
In the case of Application Nos 8, 9 and 10, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the applications be granted in the name of West One/Lee Chadwick Properties.
In the case of Application Nos 12 to 15, the Committee gave consideration to letters of objection which had been submitted by the Private Sector Services Manager relevant to these applications. Thereafter, having heard a representative of the Housing Department, a representative of the applicant and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the applications be granted subject to compliance with the new houses in multiple occupation management regulations.
In the case of Application No 16, the Committee gave consideration to a letter of objection which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard a representative of the Housing Department, a representative of the applicant and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the application be granted for a period of six months.
In the case of Application Nos 17 to 21, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.
(l) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATION
There was submitted a request for variation for 9 Springhill Gardens to change of day to day manager to Anne Perry. 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) 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 noted that consideration of these applications had been deferred from the meeting of this Committee held on 2nd May, 2009 to allow further enquiries to be carried out.
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 a representative of the Housing Department, an agent on behalf of the applicants and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted for a period of six months subject to the satisfaction of the Housing Department that applicants had complied with conditions and that a progress report be submitted to the meeting of the Licensing Committee to be held in September 2009.
(b) SECOND HAND DEALER'S LICENCE - SUSPENSION HEARING
There was submitted a letter of complaint by the Head of Environmental Health and Trading Standards relative to the alleged conduct of Mr A B during the currency of his Second Hand Dealer's Licence.
Thereafter, the Committee, having heard a representative of the Environmental Health and Trading Standards Department and an agent on behalf of the licence holder, agreed that no further action be taken pending a further report being submitted in six months time.
(c) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
(i) There was submitted an application by Mr B A for a Taxi Driver's Licence.
The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.
Thereafter, the Committee, having heard a representative of Tayside Police, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the application be granted for a period of one year.
(ii) There was submitted an application by Mr M A for a Taxi Driver's Licence.
The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.
Thereafter, the Committee, having heard a representative of Tayside Police, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the application be granted for a period of one year.
(iii) There was submitted an application by Mr J D for a Taxi Driver's Licence.
The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.
Thereafter, the Committee, having heard a representative of Tayside Police and representative on behalf of the applicant, agreed that the application be granted for a period of one year.
(iv) There was submitted an application from Mr G MacL for a Taxi Driver's Licence.
The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.
Thereafter, the Committee, having heard a representative of Tayside Police and a representative on behalf of the applicant, agreed that the application be granted for a period of one year.
(v) There was submitted an application by Mr D O for a Taxi Driver's Licence.
The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.
Thereafter, the Committee, having heard a representative of Tayside Police and a representative on behalf of the applicant, agreed that the application be granted for a period of six months.
(vi) There was submitted an application by Mr M O for a Taxi Driver's Licence.
The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application.
Thereafter, the Committee, having heard a representative of Tayside Police and a representative on behalf of the applicant, agreed that the application not be granted.
(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARING
(i) There was submitted a letter of complaint from the Chief Constable relative to the alleged conduct of Mr S R during the currency of his Taxi Driver's Licence.
The Committee noted that this matter had been remitted back to the Committee by the Sheriff to consider a particular question. The Committee gave consideration to the contents of the letter which had been submitted by Tayside Police.
Thereafter, having heard a representative of Tayside Police and the agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the one month suspension continue with immediate effect.
(ii) There was submitted a letter of complaint from the Chief Constable relative to the alleged conduct of Mr S L during the currency of his Taxi Driver's Licence.
The Committee noted that this matter had been remitted back to the Committee by the Sheriff to consider a particular question. The Committee gave consideration to the contents of the letter which had been submitted by Tayside Police.
Thereafter, having heard a representative of Tayside Police and the agent on behalf of the licence holder and consideration and advice from the Legal Officer, the Committee agreed that the one month suspension continue.
(iii) There was submitted a letter of complaint from the Chief Constable relative to the alleged conduct of Mr K A during the currency of his Taxi Driver's Licence.
Bailie Roderick A J Wallace declared a non-financial interest in this item of business by virtue of the licence holder being known to him in a personal capacity and withdrew from the Chamber during its consideration, whereupon the Chair was taken by the Depute Convener, Councillor Andrew Dawson.
The Committee noted that this matter had been remitted back to the Committee by the Sheriff to consider a particular question. The Committee gave consideration to the contents of the letter which had been submitted by Tayside Police.
Thereafter, having heard a representative of Tayside Police and the agent on behalf of the licence holder and consideration and advice from the Legal Officer, the Committee agreed that the one month suspension continue.
(e) TAXI DRIVER'S LICENCE - RENEWAL
Bailie Roderick A J Wallace re-entered the Chamber prior to consideration of this item of business and resumed the Chair.
There was submitted an application by Mr K D for renewal of his Taxi Driver's Licence. The Committee noted that this matter had been remitted back from the Sheriff for further consideration.
The Committee gave consideration to the original letters which had been submitted by the Corporate Safety Adviser and Tobacco Control Officer relevant to this application. Thereafter, the Committee, having heard a representative of the Environmental Health and Trading Standards Department, the licence holder on their own behalf and consideration of the advice of the Legal Officer, agreed that it be delegated to the Clerk to grant the licence upon receiving confirmation that payment had been made in relation to the outstanding fixed penalty notice which had been served against the licence holder.
(f) TAXI DRIVER'S LICENCE/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS
(i) There was submitted a letter of complaint from the Head of Accounts and Benefits relative to the alleged conduct of Mr W F during the currency of his Taxi Driver's Licence and Taxi Operator's Licences.
The Committee gave consideration to the contents of the letter of complaint.
Thereafter, the Committee, having heard a representative of the Finance Department, a representative on behalf of the licence holder and consideration of the advice of the Clerk and the Legal Officer, agreed that the matter be adjourned for six months until January 2010 to allow further investigations.
(ii) There was submitted a letter of complaint from the Chief Constable relative to the alleged conduct of Mr B M during the currency of his Taxi Driver's Licence and Taxi Operator's Licence.
The Committee gave consideration to the content of the letter. Thereafter, the Committee, having heard a representative of Tayside Police, a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, agreed that no further action be taken.
(iii) There was submitted a letter of complaint from the Chief Constable relative to the alleged conduct of Mr P S during the currency of his Taxi Driver's Licence and Taxi Operator's Licence.
The Committee gave consideration to the content of the letter. Thereafter, the Committee, having heard a representative of Tayside Police, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, agreed that the suspension continue with immediate effect for the Driver's Licence and that no further action be taken in relation to the Taxi Operator's Licence.
(g) TAXI DRIVER/OPERATOR/PRIVATE HIRE OPERATOR - SUSPENSION HEARINGS
There was submitted a letter of complaint from the Chief Constable relative to the alleged conduct of Mr A G during the currency of his Taxi Driver's Licence, Taxi Operator's Licence and Private Hire Operator'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 consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension with immediate effect in relation to the Taxi Driver's Licence until the meeting of the Committee to be held in September 2009 to allow further investigations and that no further action be taken in relation to the Taxi Operator's Licences held by Mr A G during the intervening period.
(h) TAXI OPERATOR'S LICENCE - NEW APPLICATION
There was submitted an application by Mr W G for a Taxi Operator's Licence.
The Committee gave consideration to a letter of support submitted by the applicant.
Thereafter, having heard a representative on behalf of the licence holder, the Committee agreed that the licence be granted without the condition requiring the placing on service of a wheelchair accessible vehicle.
(i) WINDOW CLEANER'S LICENCE - NEW APPLICATION
There was submitted an application by Mr D W for a Window Cleaner's Licence.
The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application.
Thereafter, the Committee, having heard a representative of Tayside Police and consideration of the advice of the Legal Officer, agreed that the application be refused.
Roderick A J WALLACE, Convener.