Licensing Committee - 29/04/2010

At a MEETING of the LICENSING COMMITTEE held at Dundee on 29th April, 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 1st April, 2010 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING SUB-COMMITTEE - MINUTE OF MEETING

The minute of meeting of the Licensing Sub-Committee held on 1st April, 2010 was submitted and noted for information and record purposes, a copy which is attached to this minute as an Appendix.

II 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 Dealer

Taxi Drivers

Taxi Operator

Theatre

Window Cleaner

(b) TAXI AND PRIVATE HIRE BOOKING OFFICE LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 4, the Committee noted that a request for variation of Conditions 9 and 13 had been submitted on behalf of the applicants. The Committee gave consideration to the content of the request. Thereafter, having heard a representative on behalf of the applicants, and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted and that the request to vary Condition 9 be refused and the request to vary Condition 13 be granted.

(c) HOUSES IN MULTIPLE OCCUPATION - FEES

It was reported that Houses in Multiple Occupation fees required to be reviewed to take into account increased staffing costs to the Council and increased charges from Tayside Police and Tayside Fire and Rescue.

The Committee agreed that fees be adjusted as indicated above.

(d) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

Councillor Helen Dick declared a non-financial interest in Application No 1 by virtue of the agent for the applicant being known to her in a personal capacity.

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 9, 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 10 to 15, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(e) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

Councillor Helen Dick declared a non-financial interest in Application Nos 1 to 6 by virtue of the applicant being known to her in a personal capacity.

In the case of Application Nos 1 to 6, the Committee noted a letter of observation had been submitted by the Private Sector Services Manager relevant to these applications. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, and an agent on behalf of the applicants, the Committee agreed that the applications be granted.

In the case of Application No 7, the Committee noted that this application had been withdrawn from consideration by the applicant.

(f) LATE HOURS CATERING LICENCE - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that this application had been deferred from the meeting of the Licensing Committee held on 14th January, 2010 to allow the applicant to apply for planning consent. The Committee further noted that the Planning Department had confirmed that they had received an application for planning consent.

Thereafter, the Committee, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the application be granted subject to planning consent being obtained.

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) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article III(c)(i) of the minute of meeting of this Committee held on 1st April, 2010, wherein consideration of a letter of information from a member of the public in relation to the fitness of Mr A C to be the holder of a Taxi Driver's Licence was deferred to allow the complainant to be in attendance. The Committee noted that the complainant was not in attendance and agreed that the matter be considered in their absence. Thereafter, the Committee, having considered the advice of the Legal Officer, agreed that no further action be taken.

(ii) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S D 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 consideration of the advice of the Legal Officer, the Committee agreed that the suspension hearing be adjourned to a later date to allow the outcome of court proceedings.

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr P 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, and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the licence with immediate effect and to hold a further suspension hearing in July 2010.

(iv) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R R 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 licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that the licence holder be issued with a warning and that the hearing be adjourned to the meeting of the Licensing Committee to be held on 30th September, 2010 to monitor the licence holder's future conduct.

(v) Reference was made to Article V(b)(iii) of the minute of meeting of this Committee held on 14th January, 2010 and Article IV(b)(iv) of the minute of meeting of this Committee held on 4th February, 2010, wherein the Committee agreed to further continue the suspension of a Taxi Driver's Licence held by Mr A W to allow the outcome of pending criminal proceedings. There was submitted a copy of the original letter of information from Tayside Police relative to the alleged conduct of Mr A W during the currency of his Taxi Driver's Licence. Thereafter, having heard a representative of Tayside Police, and consideration of the advice of the Legal Officer, and having received confirmation that the criminal proceedings were still pending, the Committee agreed to continue the suspension of the licence and to hold a further hearing at the meeting of the Licensing Committee to be held on 3rd June, 2010.

(b) TAXI DRIVERS/PRIVATE HIRE CAR OPERATORS LICENCES - SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr B F during the currency of his Taxi Driver's and Private Hire Car Operator'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 licence holder, and consideration of the advice of the Legal Officer, the Committee agreed to issue a warning and that the hearing be adjourned until May 2011 to monitor the licence holder's future conduct.

(c) TAXI DRIVERS/TAXI OPERATORS LICENCES - SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr T H during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee agreed that consideration of this matter be deferred to a future meeting of the Committee.

(d) TAXI AND PRIVATE HIRE BOOKING OFFICE LICENCE - NEW APPLICATION

There was submitted an application by Company B for a Taxi and Private Hire Booking Office Licence.

A request for variation to Conditions 9 and 13 had been submitted on behalf of the applicant. The Committee also gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard the 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 and that the request for variation to Condition 9 be refused and that the request for variation to Condition 13 be granted.

Roderick A J WALLACE, Convener.