Licensing Committee - 04/03/2010

At a MEETING of the LICENSING COMMITTEE held at Dundee on 4th March, 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 4th February, 2010 was held as read.

Unless marked thus * all items stand delegated.

I TAXI LIAISON GROUP - MINUTE OF MEETING

The minute of meeting of the Taxi Liaison Group held on 11th December, 2009 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

II LICENSING SUB-COMMITTEE - MINUTE OF MEETING

The minute of meeting of the Licensing Sub-Committee held on 4th February, 2010 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix 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 OPERATOR - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATIONS

(b) REQUEST FOR VARIATION - PRIVATE HIRE OPERATOR

There was submitted a request for variation from Peter Fraser to allow tinted windows.

There being no objections, the Committee agreed that the request for variation be granted in respect of the vehicle to which the licence related.

(c) TAXI DRIVER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the application had been withdrawn from consideration by the applicant.

(d) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 3, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

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

(e) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATION

It was reported that a request for variation had been received for 46 Horsewater Wynd to change of day to day manager to Flats 4U Ltd (t/a City Keys)/Mark Forbes and Lyndsey Hedges.

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

(f) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the objectors to the application were not present. Thereafter, the Committee, having heard a representative of the Housing Department, an agent on behalf of the applicant, the applicant on their own behalf, and consideration of letters of objection which had been submitted by members of the public, and consideration of the advice of the Legal Officer, agreed that the application be granted and that an update on the operation of the licence be submitted to a meeting of the Committee following a six month period.

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) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION

There were submitted Application Nos 1 to 15 for renewal of Houses in Multiple Occupation Licence in relation to Company J.

In relation to Application No 1, the Committee, having heard an agent on behalf of the applicant, agreed that consideration of the matter be deferred to the April meeting of the Committee to allow the applicant to provide details of the person who would have management of the property.

In relation to Application Nos 2 to 11 and 13 to 15, the Committee gave consideration to a letter of observation which had been submitted by the Housing Department in relation to these applications.

Thereafter, having heard from an agent on behalf of the applicant, and consideration of supporting documentation, including photographic evidence and signed petition letters of support from tenants, the Committee agreed that consideration of the applications be deferred to the April meeting of the Committee to allow the applicant to provide details of the person who would have management of the properties.

In the case of Application No 12, the Committee gave consideration to a letter of observation which had been submitted by the Housing Department in relation to this application, and consideration of letters of objection which had been submitted by members of the public, and also a letter of support which had been submitted by the applicant, and consideration of other supporting documentation, including photographic evidence, signed petitions, and letters of support from tenants which had been tabled by the applicant.

Thereafter, having heard the objectors on their own behalf, the Housing Officers who were in attendance, an agent on behalf of the applicant, and a representative of Tayside Police, and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the applications be deferred to the April meeting of the Committee to allow the applicant to provide details of the person who would have management of the properties.

(b) SECOND HAND DEALER'S LICENCE - SUSPENSION HEARING

There was submitted a letter for information from the Head of Environmental Health and Trading Standards in relation to the alleged conduct of Mr A B during the currency of his Second Hand Dealer's Licence.

The Committee agreed that consideration of the matter be deferred to the April meeting of the Committee.

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 during its consideration.

(c) SECOND HAND DEALER/METAL DEALER'S LICENCES - SUSPENSION HEARING

There was submitted a letter of information from Tayside Police in relation to the alleged conduct of Mr M P during the currency of his Second Hand Dealer/Metal Dealer's Licences.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police, an agent on behalf of the applicant, and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the June meeting of the Committee.

Councillor Tom Ferguson re-entered the Chamber prior to consideration of the undernoted items of business.

(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Miss S G 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, a representative of the Housing Department, 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.

(ii) 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, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) There was submitted a letter of information from Tayside Police in relation to the alleged conduct of Mr C C 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. The Committee gave consideration to the content of the letter which had been submitted by Tayside Police. Thereafter, the Committee, having heard the Clerk and consideration of the advice of the Legal Officer, agreed that the Taxi Driver's Licence held by Mr C C be suspended with immediate effect for the un-expired portion of the licence.

(ii) There was submitted a letter of information from Tayside Police in relation to the alleged conduct of Mr G F during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter, and consideration to a letter of support which had been submitted by the licence holder.

Thereafter, having heard a representative of the Chief Constable, and the licence holder on their own behalf, the Committee agreed that no further action be taken.

(iii) There was submitted a letter of information from Tayside Police in relation to the alleged conduct of Mr J McL 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 the Chief Constable, the licence holder on their own behalf, and consideration of the advice of the Legal Officer and the Clerk, the Committee agreed that the Taxi Driver's Licence held by Mr J McL be suspended with immediate effect until May 2011.

(iv) There was submitted a letter of information from Tayside Police in relation to the alleged conduct of Mr D 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 the Chief Constable, an agent on behalf of the applicant, and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred until the meeting of the Licensing Committee to be held on 3rd June, 2010.

(f) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr E L during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee gave consideration of the content of the letter.

Thereafter, having heard a representative of the Chief Constable, and receiving confirmation that the Taxi Driver's Licence held by Mr E L had been forfeited by the Crown, and having heard the licence holder on their own behalf, the Committee agreed to note that no action required to be taken in relation to the Taxi Driver's Licence held by Mr E L as it had been forfeited by the Crown and agreed that no further action be taken in relation to the Taxi Operator's Licence held by Mr E L.

(g) TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of the Mr G J during the currency of his Taxi Operator's Licence.

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 consideration of the advice of the Legal Officer, the Committee agreed to adjourn consideration of the matter to allow further matters to be resolved and for the licence holder to make formal application for variation in respect of his Taxi Operator's Licence.

Roderick A J WALLACE, Convener.