Licensing Committee - 02/09/2010

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd September, 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 29th July, 2010 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING SUB-COMMITTEE - MINUTES OF MEETINGS

The minutes of meetings of the Licensing Sub-Committee held on 5th July, 2010, 23rd July, 2010 and 29th July, 2010, were submitted and noted for information and record purposes, formal copies of which are attached to this minute as Appendices I, II and III.

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.

INDOOR SPORTS

KNIFE DEALERS

PET ANIMALS

PRIVATE HIRE DRIVER

PRIVATE HIRE OPERATORS

PUBLIC ENTERTAINMENT

SECOND HAND DEALER

SKIN PIERCING AND TATTOOING

TAXI DRIVERS

TAXI OPERATORS

THEATRE

WINDOW CLEANERS

(b) TAXI FARES

Reference was made to Article II of the minute of meeting of this Committee held on 29th July, 2010, wherein it was agreed that consideration of Report No 389-2010 by the Director of City Development on the review of taxi fares be deferred to allow taxi operators to be canvassed on the proposals on the report and the proposals contained therein. It was reported that this exercise had now been completed, the outcome of which was, as follows:-

FARES REVIEW - RESPONSES

The Committee gave consideration to the content of the report and the results of the consultation exercise, following which, the Committee agreed the recommendation on the revision of taxi fares increase as proposed by the Dundee Taxi Association and Unite the Union as detailed in the report and that delegated authority be given to the Clerk to proceed with the implementation of taxi fares increase should there be no objections following public advertisement and notification of the revision of fares, in light of the process outlined by the Clerk.

(c) TAXI DRIVER'S LICENCE - RENEWAL

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

(d) TAXI DRIVERS LICENCE - NEW APPLICATION

There was submitted the undernoted application:-

In the case of this application, the Committee noted that the applicant had failed to pass the street test within the prescribed period, and agreed that the application be refused.

(e) PRIVATE HIRE OPERATORS LICENCE

The Committee noted that the undernoted application had been withdrawn from consideration from the meeting of this Committee.

(f) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

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 No 2, the Committee, having heard a representative of the Housing Department and the applicant on his own behalf, agreed that the application be granted.

In the case of Application No 3, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application No 4, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicant, agreed that the application be granted.

In the case of Application No 5, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application No 6, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application Nos 7, 8 and 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 14, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee for consideration.

(g) HOUSES IN MULTIPLE OCCUPATION REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation:-

(1) Flat 24 Horsewater Wynd to change of day to day manager to West One Properties (UK) Ltd/Kenny Will.

(2) Flat 34 Horsewater Wynd to change of day to day manager to West One Properties (UK) Ltd/Kenny Will.

(3) Flat 42 Horsewater Wynd to change of day to day manager to West One Properties (UK) Ltd/Kenny Will.

(4) Flat 54 Horsewater Wynd to change of day to day manager to West One Properties (UK) Ltd/Kenny Will.

(5) Flat 6, 2 Blinshall Street to change of day to day manager to West One Properties (UK) Ltd/Kenny Will.

(6) Flat 7, 2 Blinshall Street to change of day to day manager to West One Properties (UK) Ltd/Kenny Will.

(7) Flat 16, 2 Blinshall Street to change of day to day manager to West One Properties (UK) Ltd/Kenny Will.

In the case of Application Nos 1, 3, 4, 5 and 7, there being no objections, the Committee agreed that the requests be granted.

In the case of Request Nos 2 and 6, the Committee noted that these requests had been withdrawn from consideration by the applicants.

(h) LATE HOURS CATERING - RENEWAL

There were submitted the undernoted applications:-

In the case of Application No 1, the Committee noted that this application had been withdrawn for consideration by the applicant to allow the applicant to secure representation.

In the case of Application No 2, the Committee, having given consideration to a letter of objection which had been submitted by a member of the public relevant to this application and having heard the objector on their own behalf and an agent on behalf of the applicant, the Committee agreed that the application be granted.

(i) REQUEST FOR EXTENSION OF TIME TO WIND UP ESTATE

The Committee agreed to a request received on behalf of the Executor of the late Mr L Ireland for an extension of the three month period to wind up the estate.

(j) STREET TRADER'S LICENCE - NEW APPLICATION

There was submitted the undernoted application:-

In the case of this application, the Committee gave consideration to the content of a letter from the applicant requesting a variation to conditions 9 and 10. Thereafter, having heard the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to allow the applicant to investigate the feasibility of the operation of the facilities as proposed.

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 to the above Act.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M P during the currency of his Second Dealer and Metal Dealer's Licences.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police, the Committee agreed that consideration of the matter be deferred to allow the outcome of court proceedings, at which time, consideration would also be given to the application for renewal of the Second Hand/Metal Dealer's Licences held by Mr M P.

(b) TAXI DRIVER'S LICENCE - RENEWAL

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Ms S G during the currency of her 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 applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to a future meeting of the Committee to allow the outcome of court proceedings.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr G A 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 consideration of the matter be deferred to a future meeting of the Committee.

(ii) There was submitted a letter of information from the Fraud and Liaison Supervisor for Dundee City Council in relation to the conduct of Mr K A 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 Finance Department, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to a future meeting of the Committee to allow the licence holder to complete the terms of court proceedings found against him.

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J McL, together with additional information submitted by the Chief Constable and information in support of the licence holder.

The Committee gave consideration to the content of all three items of information which were submitted. Thereafter, having heard a representative of Tayside Police and receiving confirmation that they had withdrawn the complaint, the Committee agreed that no further action be taken and that the licence holder be warned with regard to the observance of correct protocol to be observed to ensure the propriety of any similar processes being implemented in future.

(iv) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr B T 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 Committee agreed that consideration of the matter be deferred to a future meeting to allow the outcome of court proceedings.

(d) TAXI DRIVER/TAXI OPERATORS LICENCES - SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr W F during the currency of his Taxi Driver and Taxi Operator's Licences.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police and receiving confirmation that the Driver's Licence had now been forfeited by the Crown and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken in relation to the Taxi Operator's Licence held by Mr W F and noted that the Taxi Driver's Licence held by Mr W F was no longer relevant.

(ii) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr N M during the currency of his Taxi Driver and Taxi Operator's Licences.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police and receiving confirmation that the Procurator Fiscal had chosen to admonish the licence holder, and having heard a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to lift the immediate suspension of the licence and that the matter be recalled after a period of four months for good behaviour.

(iii) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr N W during the currency of his Taxi Driver and Taxi 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 letters of support which had been tabled on behalf of the licence holder and having given consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

Roderick A J WALLACE, Convener.