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.