Licensing Committee - 03/06/2010

At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd June, 2010.

 

Present:-

 

Bailie Roderick A J WALLACE

 

COUNCILLORS

 

David BOWES

Elizabeth F FORDYCE

Tom FERGUSON

 

Stewart HUNTER

 

 

Bailie Roderick A J WALLACE, Convener, in the Chair.

 

The minute of meeting of this Committee of 29th April, 2010 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DEPUTATIONS

 

It was reported that requests for deputations relative to Item VI(b) (approved list of accessible vehicles) had been received from the following organisations:-

 

(i) Dundee Hackney Association

(ii) Unite the Union

(iii) Dundee Taxi Association

(iv) Dundee Private Hire Ltd

(v) Cabs Direct, Glasgow (Allied Vehicles)

 

The Committee heard from representatives on behalf of the deputations listed at (i) to (v).

 

II TAXI LIAISON GROUP - MINUTE OF MEETING

 

The minute of meeting of the Taxi Liaison Group held on 25th February, 2010, was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

 

III LICENSING SUB-COMMITTEE - MINUTES OF MEETINGS

 

The minutes of meetings of the Licensing Sub-Committee held on 29th April, 2010, 20th May, 2010 and 27th May, 2010, were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices II, III and IV.

 

IV CINEMAS ACT 1985

 

There was submitted a letter dated 2nd April, 2010 from Dundee Contemporary Arts regarding a Bring a Baby programme which would require a variation to the licence conditions to allow children under the age of 15 access to selected film screenings. A letter dated 5th May, 2010 had also been received from Tayside Police offering the views of the Chief Constable in relation to the request for variation.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of Dundee Contemporary Arts and a representative of Tayside Police, the Committee agreed to grant the request to vary the licence.

 

V THEATRES ACT 1968 - REQUEST FOR VARIATION

 

There were submitted the undernoted requests for variation.

 

No

Name

Address

 

1

Dundee Repertory Theatre

Tay Square

 

2

Whitehall Theatre

Bellfield Street

 

In relation to Request Nos 1 and 2, the Committee, having given consideration to the content of the letters which had been submitted by the applicants requesting removal of Condition 5 to the existing theatre licences, and consideration to the content of the letters received from Tayside Police in relation to these requests, and having heard representatives on behalf of the applicants, and a representative of Tayside Police, and consideration and advice of the Legal Officer, agreed that the requests for variation be granted.

 

VI 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.

 

KNIFE DEALERS

 

No

Name

Address of Premises

 

1

The Outdoor Group Ltd/Peter Parker

Blacks

47-49 Commercial Street

 

2

The Outdoor Group Ltd/Ian Ratcliffe

Millets

23 Cowgate

 

LATE HOURS CATERING

 

No

Name

Address of Premises

 

1

A N Ltd/Nedal Kaskasoli

Amigo's

25-29 Cowgate

 

PRIVATE HIRE OPERATOR

 

No

Name

 

 

1

Alexander Marr

 

 

SECOND HAND DEALERS

 

No

Name

Address of Premises

 

1

Cheque Centre Ltd/J Taylor

257 Brook Street

Broughty Ferry

 

2

Cheque Centre Ltd/J Taylor

88 Commercial Street

 

3

Cheque Centre Ltd/J Taylor

123 High Street

Lochee

 

4

Cheque Centre Ltd/J Taylor

Unit 32a, Level 3

Wellgate Centre

 

5

Blake Sharp

A A House Clearances Warehouse

6-8 Lyon Street

 

SKIN PIERCING AND TATTOOISTS

 

No

Name

Address of Premises

 

1

Jewellery Doctor Ltd/Sara Jaconelli

Jewellery Doctor

35 Reform Street

 

STREET TRADER

 

No

Name

 

 

1

James Dunn

 

 

TAXI DRIVERS

 

No

Name

 

1

Henry Barrett

2

Ronald Blaney

3

Michael Burke

4

Douglas Byres

5

Lorraine Carling

6

Malcolm Dewar

7

William Gellatly

8

Lukasz Gierad

9

Murray Gray

10

Terence Gray

11

Douglas Leitch

12

Derek Low

13

Shona Mathers

14

Martin McKay

15

Ian McKinlay

16

Thomas McGregor

17

James Milne

18

William Mullen

19

Nayyar Mustafa

20

Brian Duncan

 

TAXI OPERATORS

 

No

Name

 

1

Pamela Gourlay

2

Gordon McGouldrick

3

Gary Robertson

 

(b) APPROVED LIST OF ACCESSIBLE VEHICLES

 

It was reported that the Peugeot Partner/Premier presented by Cabs Direct, Glasgow, had been assessed by the Plant and Vehicle Officer and the Cabs Enforcement Officer and that having received the appropriate certification, they had recommended that this vehicle be added to the list of accessible vehicles.

 

The Committee, having heard the submissions from the deputations listed at Article I above and thereafter, having heard the Plant and Vehicle Officer and consideration of the advice of the Legal Officer, agreed that the Peugeot Partner/Premier as presented by Cabs Direct, Glasgow be added to the list of accessible vehicles.

 

(c) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

 

1

Bartosz Golembiewski

2

John McArtney

3

Gary Miller

 

In the case of Application No 1, the Committee noted that this application had been withdrawn from consideration by the applicant.

 

In the case of Application Nos 2 and 3, the Committee noted that the applicants had failed to pass the street test within the prescribed period and agreed that the applications be refused.

 

(d) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Person Responsible

Address

 

1

Roseangle Apartments Ltd

Richard Hawkins

3/1, 5 Roseangle

2

Roseangle Apartments Ltd

Richard Hawkins

3/1, 7 Roseangle

3

Roseangle Apartments Ltd

Richard Hawkins

3/2, 7 Roseangle

4

Jaecinta Needs and

Roland G Peddie

Easylets Ltd/

Jack Reavley

Avrom House, 8A Nelson Street

5

Ramsey McBain

John Cape

19 Larch Street

6

Zuleka Okhai

Victoria Chambers, 1/2,

10 Victoria Road

7

William A and Pearl L Stewart

Pinegrove, 5B Shepherd's Loan

8

Heather M Angell-Preece

2/1, 33E Blackness Avenue

9

John A and Pauline F Baruffati

Flat 2, 86 Nethergate

10

Emma J Coakley and Michael D Cavanagh

1st Floor, 41 Reform Street

11

Michael D and Noeline Cavanagh

4/2, 32 Seagate

12

Nicholas J Dent

4/1, 32 Seagate

13

Paramita Karim

3/2, 63 Gellatly Street

14

Nicolle Smith

Flat 4, 19 Brown Constable Street

15

Crosslane Investments Partners (Dundee) LLP

Taymills, 19 Brown Street

 

In the case of Application Nos 1, 2 and 3, the Committee, having heard a representative of the Housing Department and the applicants on their own behalf, agreed that the applications be granted.

 

In the case of Application No 4, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

 

In the case of Application No 5, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard 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 subject to the condition that the certification in relation to the completion of works be submitted to the Housing Department within a period of one month and that the policy in relation to overprovision of houses in multiple occupation be not applied in this particular case.

 

In the case of Application Nos 6 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.

 

No

Name

Person Responsible

Address

 

1

John G and Debra J Rice

Belvoir Lettings/Nicholas Horn

3/2, 84 Commercial Street

2

John G and Debra J Rice

Belvoir Lettings/Nicholas Horn

3/1, 84 Commercial Street

 

In the case of Application Nos 1 and 2, 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 and the applicants on their own behalf, the Committee agreed that the applications be granted.

 

(f) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

 

There were submitted the undernoted requests for variation.

 

(1) A request for variation had been received for 1st Floor, 6 Cleghorn Street to change of day to day manager to Iqbal Jamal.

 

(2) A request for variation had been received for 2nd Floor, 6 Cleghorn Street to change of day to day manager to Iqbal Jamal.

 

(3) A request for variation had been received for 1st Floor, 10 Cleghorn Street to change of day to day manager to Iqbal Jamal.

 

(4) A request for variation had been received for 2nd Floor, 10 Cleghorn Street to change of day to day manager to Iqbal Jamal.

 

(5) A request for variation had been received for Top Floor, 10 Cleghorn Street to change of day to day manager to Iqbal Jamal.

 

(6) A request for variation had been received for 2nd Floor, 4 Cleghorn Street to change of day to day manager to Iqbal Jamal.

 

(7) A request for variation had been received for Top Floor, 45 Cleghorn Street to change of day to day manager to Iqbal Jamal.

 

In the case of Request Nos 1 to 7, the Committee noted that there were no objections to the applications and having heard a representative of the Housing Department, agreed that the requests be granted.

 

(g) TAXI POLICY

 

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

 

Reference was made to the minute of meeting of the Taxi Liaison Group held on 27th May, 2010, at which, it was agreed that the Licensing Committee be asked to decide as to whether its policy on taxis should be reviewed.

 

It was reported that there were two options open to the Committee as follows:-

 

Option 1 - Status Quo

 

* New Taxi Licences continue to be granted only where a European Whole Volume type vehicle is to be placed on service.

 

* No review of the policy be considered until the outcome of the ongoing process by the Department of Transport is completed.

 

* The Committee continue to be a part of the above process by offering to be one of the pilot areas to be promoted by the Department of Transport.

 

Option 2

 

Officers be instructed to bring forward a report on the implications of any possible changes in policy. The report would include:-

 

* Implications of continuing to have a mixed taxi fleet (ie wheelchair accessible vehicles and non-wheelchair accessible vehicles).

 

* Implications of moving towards a 100% wheelchair accessible taxi fleet.

 

* Limiting the number of taxis.

 

* Specifying types of vehicles to be operated as taxis.

 

* Timescales for implementing any changes.

 

* Plate hiring (ie whether this would be more likely if the existing policy is changed in any way).

 

* Process to consult on any proposals for changes to the existing policy.

 

The Committee agreed to the terms of Option 2 and noted that a report would be submitted to a future meeting of the Committee.

 

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

 

(h) SCHEME OF DELEGATION

 

The Committee agreed that power be delegated to the Depute Chief Executive (Support Services) in consultation with the Convener to grant any applications for taxi licences received before 30th June, 2010, where the applicants had failed to apply timeously for the removal of their original licence and were seeking a new licence on a 'like-for-like' basis.

 

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.

 

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) SECOND HAND DEALER/METAL DEALERS LICENCE - SUSPENSION HEARINGS

 

Councillor Tom Ferguson 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 left the Chamber prior to its consideration.

 

Reference was made to Article IV(c) of the minute of meeting of this Committee held on 4th March, 2010, wherein it was agreed that the suspension hearing in relation to the alleged conduct of Mr M P during the currency of his Second Hand Dealer and Metal Dealer's Licence be deferred pending the outcome of criminal proceedings. The Committee were advised that proceedings were still in hand and after consideration of the advice of the Legal Officer, agreed to adjourn the hearing until the meeting of the Licensing Committee to be held on 2nd September, 2010.

 

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

Councillor Tom Ferguson re-entered the Chamber prior to consideration of this item of business.

 

(i) There was submitted an application by Mr C D for a Taxi Driver's Licence.

 

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until 31st May, 2011.

 

(ii) There was submitted an application by Mr J F for a Taxi Driver'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 Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

 

(iii) There was submitted an application by Mr J L for a Taxi Driver's Licence.

 

The Committee gave consideration to a letter of objection which had been submitted by Tayside Police relevant 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 advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months.

 

(iv) There was submitted an application by Mr D S for a Taxi Driver's Licence.

 

The Committee gave consideration to a letter of representation which had been submitted to Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police and a representative on behalf of the applicant, the Committee agreed that the application be granted for a period of six months.

 

(v) There was submitted an application by Mr S S for a Taxi Driver's Licence.

 

The Committee gave consideration to a letter of objection which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, the Committee agreed that the application be refused.

 

(vi) There was submitted an application by Mr J W for a Taxi Driver's Licence.

 

The Committee gave consideration to a letter of objection which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police and a representative on behalf of the applicant, the Committee agreed that the application be granted for a period of six months.

 

(c) TAXI OPERATORS LICENCES - NEW APPLICATIONS

 

(i) There was submitted an application by Company B for a Taxi Operator's Licence.

 

The Committee, having heard a representative of Company B, noted that this application had been withdrawn from consideration by the applicant.

 

(ii) There was submitted an application by Company C for a Taxi Operator's Licence.

 

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to insurance certification being submitted to the satisfaction of the Cabs Enforcement Unit.

 

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

 

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

 

 

 

 

Roderick A J WALLACE, Convener.