Licensing Committee - 04/02/2010
At a MEETING of the LICENSING COMMITTEE held at Dundee on 4th February, 2010.
Present:-
Bailie Roderick A J WALLACE
COUNCILLORS
Jimmy BLACK |
Andrew DAWSON |
Tom FERGUSON |
|
Stewart HUNTER |
|
Bailie Roderick A J WALLACE, Convener, in the Chair.
The minute of meeting of this Committee of 14th January, 2010 was held as read.
Unless marked thus * all items stand delegated.
I DEPUTATIONS
It was reported that requests for deputations relative to item 3(e) TAXI AND PRIVATE HIRE CAR BOOKING OFFICE LICENCES - CONDITIONS had been received from the following organisations:-
(i) Ken Glass, Solicitor, Blackadders on behalf of the following Taxi and Private Hire offices:-
Tay Taxis
Tele Taxis
Dundee Private Hire Ltd
505050 Taxis
(ii) Dundee Taxi Association
(iii) Unite the Union
The Committee heard from representatives on behalf of the deputation listed at (i) and (ii) above and noted that the representatives for the deputation at (iii) was absent.
II LICENSING SUB-COMMITTEE - MINUTES OF MEETINGS
The minutes of meetings of the Licensing Sub-Committee held on 14th January and 26th January, 2010 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.
III 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 - NEW APPLICATION
No |
Name
|
1 |
Darren Milne |
STREET TRADER - NEW APPLICATION
No |
Name
|
1 |
Larry Higgins |
TAXI DRIVER - NEW APPLICATIONS
No |
Name
|
1 |
Mark Carver |
2 |
David Dallas |
3 |
Alexander Marr |
TAXI OPERATOR - NEW APPLICATIONS
No |
Name
|
1 |
Farees Ahmed |
2 |
Colette McLean |
3 |
S & J Taxis Ltd/Steven de Gernier |
WINDOW CLEANER - NEW APPLICATIONS
No |
Name
|
1 |
Steven Adams |
2 |
Francis Dunn |
(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
There were submitted the undernoted applications.
No |
Name |
Person Responsible |
Address
|
1 |
John B Cape |
John B Cape |
41 Thorter Row |
2 |
Earthstream Ltd |
University of Abertay/ Nicholas Terry |
Flat 1, Hillbank Halls, 1A Constitution Street |
3 |
Earthstream Ltd |
University of Abertay/ Nicholas Terry |
Flat 2, Hillbank Halls, 1A Constitution Street |
4 |
Earthstream Ltd |
University of Abertay/ Nicholas Terry |
Flat 3, Hillbank Halls, 1A Constitution Street |
5 |
Earthstream Ltd |
University of Abertay/ Nicholas Terry |
Flat 4, Hillbank Halls, 1A Constitution Street |
6 |
Earthstream Ltd |
University of Abertay/ Nicholas Terry |
Flat 5, Hillbank Halls, 1A Constitution Street |
7 |
Richard M Bailey |
Ross Clare Lettings/ Neil Thomson |
3/2, 250J Blackness Road |
8 |
Dundee Electrical, Engineering Services Ltd |
Campus Apartments, 2 Horsewater Wynd |
|
9 |
Dundee Electrical, Engineering Services Ltd |
Campus Apartments, 8 Horsewater Wynd |
|
10 |
Dundee Electrical, Engineering Services Ltd |
Campus Apartments, 16 Horsewater Wynd |
|
11 |
Dundee Electrical, Engineering Services Ltd |
Campus Apartments, 28 Horsewater Wynd |
|
12 |
Dundee Electrical, Engineering Services Ltd |
Campus Apartments, 38 Horsewater Wynd |
|
13 |
Dundee Electrical, Engineering Services Ltd |
Campus Apartments, 56 Horsewater Wynd |
|
14 |
Alison and James Christian |
41 Bonnethill Place |
No |
Name |
Address
|
15 |
Zeehan A Sheikh |
3/2 and Attic, 275 Hawkhill |
16 |
Alistair Watson |
8A Westfield Place |
In the case of Application No 1, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.
In the case of Application Nos 2 to 6, the Committee noted that the person responsible was Nicholas Terry on behalf of the University of Abertay. 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 7, the Committee, having heard a representative of the Housing Department and the agent on behalf of the Applicant, agreed that the application be granted.
In the case of Application Nos 8 to 16, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.
(c) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS
There were submitted the undernoted applications.
No |
Name |
Person Responsible |
Address
|
1 |
Y D Ltd |
AKG Property Group/Zak Gani |
2/2, 3 Blackness Avenue |
2 |
Christopher J W Ewart |
Christopher J W Ewart |
1/1, 7 Blackness Avenue |
3 |
Mark Mahoney |
Dudhope Villa and Sister Properties |
2/0, 95 Peddie Street |
4 |
Miriam Aziz |
AKG Property Group/Zak Gani |
3/0, 84 Peddie Street |
5 |
Elizabeth and Anthony McDonald |
Elizabeth and Anthony McDonald |
3/0, 68 Peddie Street |
6 |
Elizabeth and Anthony McDonald |
Elizabeth and Anthony McDonald |
1/0, 68 Peddie Street |
7 |
Elizabeth and Anthony McDonald |
Elizabeth and Anthony McDonald |
2/0, 68 Peddie Street |
8 |
Wendy and Gordon Ewart |
Wendy and Gordon Ewart |
1/1, 177 Blackness Road |
9 |
Jennifer A E Watson |
Dr Anne and Graeme Watson |
3/2, 19 Blackness Avenue |
10 |
Buccleugh and Grant Residential Management |
Grant Management/Peter Grant |
1/2, 9 Blackness Avenue |
11 |
Robert J Rudman |
Robert A Rudman |
3/2, 9 Blackness Avenue |
12 |
Mr and Mrs Abdul R Daud |
AKG Property Group/Zak Gani |
Flat B, 41 Tait's Lane |
13 |
Mr and Mrs Abdul R Daud |
AKG Property Group/Zak Gani |
Flat A, 6 Corso Street |
14 |
Mr and Mrs Abdul K Gani |
AKG Property Group/Zak Gani |
Flat B, 6 Corso Street |
15 |
Mr and Mrs Abdul K Gani |
AKG Property Group/Zak Gani |
Flat A, 41 Tait's Lane |
16 |
Raymond D Lowde |
Grant Management/Peter Grant |
G/2, 261 Blackness Road |
17 |
Ian K MacLachlan |
Grant Management/Peter Grant |
G/1, 265 Blackness Road |
18 |
Kathryn Adamson |
Easylets Ltd/Jack Reavley |
83 Blackness Road |
19 |
Aurora Castaneda Jaucey |
Aurora Castaneda Jaucey |
2/1, 5 Blackness Avenue |
20 |
Peter S McLaren |
Peter S McLaren |
2C Abbotsford Place |
In the case of Application Nos 1, 4, 5, 6, 7, 10 to 20, the Committee, having heard a representative of the Housing Department and consideration of a letter of objection, agreed that the applications be granted.
In the case of Application Nos 2 and 8, the Committee, having heard a representative of the Housing Department, the applicants on their own behalf, consideration of letters of support which had been submitted on behalf of the applicants and consideration of a letter of objection, agreed that the applications be granted.
In the case of Application No 9, the Committee, having heard a representative of the Housing Department, consideration of a letter of support which had been submitted by the applicant and consideration of a letter of objection, agreed that the application be granted.
(d) ZOO LICENSING ACT 1981 - APPLICATION FOR LICENCE - CAMPERDOWN WILDLIFE CENTRE
Reference was made to the Zoo Licensing Act 1981, where a licence was required to operate facilities such as Camperdown Wildlife Centre. There was submitted Agenda Note AN30-2010 reporting that as part of the licence application procedure, the Zoo Inspectors Report, together with an Improvement Plan in response to the licence inspection which was undertaken in October, 2009 were attached to the note as Appendices. In particular, the Committee's attention was drawn to the recommendation by the Inspectors that the licence should be granted with two additional conditions outlined by the Inspectors in the report covering the Animal Escape Procedures and guidelines for the hand rearing of animals. Since the date of the report, these actions had been completed.
There were also a number of recommendations contained in the report, although the Inspectors made it clear that these were not being put forward as proposed conditions on the licence and, in response, the Improvement Plan contained the actions planned to be taken forward in the next three years. With reference to the preamble to the Inspector's Report, annual inspections would be undertaken.
The Committee agreed to note that the Zoo Inspectors were "very impressed with the breadth and scope of the Centre's present education strategy, which indicates that as a small zoo Camperdown is punching above its weight in the UK zoo field and has great potential to providing an outstanding environmental educational resource to the City of Dundee".
Reference was also made to previous approvals for various works at the Wildlife Centre, including the creation of a Visitor/Education Centre which was currently being developed, together with improvements to the public toilets and general infrastructure of Camperdown Park.
Thereafter, the Committee agreed to grant the licence.
(e) TAXI AND PRIVATE HIRE CAR BOOKING OFFICE LICENCES - CONDITIONS
There was submitted Report No 41-2010 by the Depute Chief Executive (Support Services) seeking approval of a set of standard local conditions to be attached to Taxi and Private Hire Booking Office Licences ("Booking Office Licences").
The Committee gave consideration to the list of standard local conditions as listed in Appendix III to the report. Thereafter, Councillor Jimmy Black, seconded by Councillor Andrew Dawson, moved that the time period in Clause 9 be amended to a period of one year.
As an amendment, Bailie Roderick A J Wallace, seconded by Councillor Tom Ferguson, moved that the time period in Clause 9 be six months.
On a division, there voted for the motion - Councillors Jimmy Black, Andrew Dawson and Stewart Hunter (3); and for the amendment - Bailie Roderick A J Wallace and Councillor Tom Ferguson (2) - whereupon the motion was declared carried and Clause 9 was amended, and the conditions were agreed. A copy of which is attached to this minute as Appendix III.
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.
IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
(i) 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 relative to this application. Thereafter, having heard a representative of the Chief Constable, and receiving confirmation that no further proceedings were being taken against the applicant, and having heard a representative of the applicant, and the applicant on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months and that a further report be submitted to the Committee at that time.
(ii) There was submitted an application by Ms G Y 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, having heard a representative of Tayside Police, a representative on behalf of the applicant, the applicant on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.
(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS
(i) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S 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 and having heard a representative of Tayside Police, and consideration of advice of the Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr S G be suspended with immediate effect until May, 2011.
(ii) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R S 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 and consideration of advice of the Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr R S be suspended with immediate effect for a further two months and that a further suspension hearing be convened at that time.
(iii) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M 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 and an agent on behalf of the licence holder, the Committee agreed that the Taxi Driver's Licence held by Mr M W be suspended for a period of one month.
(iv) There was submitted a letter of information from the Chief Constable 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, having heard a representative of Tayside Police and consideration of advice of the Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr A W be suspended with immediate effect until 29th April, 2010 and that a further suspension hearing be convened at that time.
(v) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr W J during the currency of his Taxi Driver's Licence.
The Committee gave consideration to the content of the letter, and having heard a representative of Tayside Police, a representative on behalf of the licence holder, and consideration of the advice of the Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr W J be suspended with immediate effect for a period of one month.
Roderick A J WALLACE, Convener.