Licensing Committee - 30/09/2010

At a MEETING of the LICENSING COMMITTEE held at Dundee on 30th September, 2010.

Present:-

COUNCILLORS

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

The minute of meeting of this Committee of 2nd September, 2010 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 2nd September, 2010 was submitted and noted for information and record purposes, a copy of 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.

INDOOR SPORTS

LATE HOURS CATERING

PUBLIC ENTERTAINMENT

SECOND HAND DEALERS

SKIN PIERCING AND TATTOOISTS

TAXI DRIVER

TAXI OPERATORS

(b) LATE HOURS CATERING - NEW APPLICATION

There was submitted the undernoted application.

Reference was made to Article III(b) of the minute of meeting of this Committee held on 1st July, 2010, wherein it was decided to defer consideration of this application to allow the applicant to contact the Planning Department regarding the condition restricting the use of the premises to a general store and takeaway from 9am to 6pm and to submit plans to the Environmental Health and Trading Standards Department.

The Committee, having heard a representative on behalf of the applicant, and consideration of the advice of the Legal Officer, agreed to note that the applicant had withdrawn the application from consideration, with a view to resubmitting it at a later date.

(c) TAXI DRIVERS LICENCE - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, the Committee, having noted that the applicant had failed to pass the street test within the prescribed period, agreed that the application be refused.

(d) AUTHORISED OFFICERS

There was submitted the undernoted list of officers from Benefit Investigation, Finance Department, Dundee City Council, with a request that they be added to the list of officers authorised by the Council in terms of Section 5 of the Civic Government (Scotland) Act 1982 to act on its behalf in respect of all licences administered by the Council.

Avril Murray

Michelle Fleming

George Miller

Donna Telfer

Shona Duncan

The Committee agreed that the officers listed above be added to the list as outlined.

(e) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee, having heard a representative of the Housing Department, a representative on behalf of the applicant, and consideration of the advice of the Legal Officer, agreed that the application be granted.

In the case of Application No 2, 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 3, and 5 to 10, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application No 4, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Application Nos 11 and 12, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application No 13, the Committee noted that a joint letter of objection had been submitted in relation to this application by two members of the public.

The Committee gave consideration to the content of the letter of objection which had been submitted. Thereafter, having heard a representative of the Housing Department, one of the objectors on their own behalf, and an agent on behalf of the applicant, and consideration of the content of a letter which had been submitted by the agent in support of the application, the Committee agreed that the application be granted and that an update report on the operation of the licence be submitted to the Committee after a period of six months.

In the case of Application Nos 14 to 22, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(f) HOUSE IN MULTIPLE OCCUPATION - UPDATE REPORT

Reference was made to Article III(f) of the minute of meeting of this Committee of 4th March, 2010, wherein the application for renewal of this licence was granted and it was agreed that a report on the operation of the premises as a House in Multiple Occupation be submitted to the Committee after six months.

The Committee, having heard a representative of the Housing Department, the Legal Officer and the licence holder on their own behalf, noted that the licence was being operated at the premises to the satisfaction of the Housing Department and agreed to take no further action.

(g) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation.

(1) 9 Milnbank Gardens to change of occupancy from four persons to five persons.

(2) 46 Rosefield Street to change of occupancy from four persons to five persons.

(3) 54 Rosefield Street to change of occupancy from four persons to five persons.

(4) 35 Taylor's Lane to change of day to day manager to Rollo Davidson and McFarlane.

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

(6) Campus Apartments, Flat 12, Horsewater Wynd to change of day to day manager to West One Properties (UK) Ltd/Kenny Will.

(7) Campus Apartments, Flat 32, Horsewater Wynd to change of day to day manager to West One Properties (UK) Ltd/Kenny Will.

(8) Campus Apartments, Flat 52, Horsewater Wynd to change of day to day manager to West One Properties (UK) Ltd/Kenny Will.

(9) Campus Apartments, Flat 62, Horsewater Wynd to change of day to day manager to West One Properties (UK) Ltd/Kenny Will.

(10) Campus Apartments, Flat 4, 2 Blinshall Street to change of day to day manager to West One Properties (UK) Ltd/Kenny Will.

(11) Campus Apartments, Flat 10, 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 to 3, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

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

In the case of Application Nos 5 to 11, the Committee noted that there were no objections, and agreed that the applications be granted.

(h) LATE HOURS CATERING - RENEWAL

There was submitted the undernoted application for renewal.

In the case of this application, the Committee noted that letters of objection had been submitted by local businesses. The Committee noted that the objectors to the application were not present. The Committee heard the Legal Officer in relation to the content of the objections which had been submitted, and agreed to note that they could not be considered as they were deemed incompetent due to being lodged out of time. Thereafter, having heard an agent on behalf of the applicant, and a representative of Tayside Police, the Committee agreed that the application be granted.

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) ITINERANT METAL DEALERS LICENCES - NEW APPLICATION

(i) There was submitted an application by Mr C B for an Itinerant Metal Dealer's Licence.

The Committee noted that the applicant was not present and agreed that consideration of the matter be deferred to a future meeting of the Committee to allow the applicant to be in attendance.

(ii) There was submitted an application Mr J S for an Itinerant Metal Dealer's Licence.

There was submitted a letter of objection by the Chief Constable relevant to this application, part of which referred to convictions which were spent in terms of the Rehabilitation of Offenders Act. The Committee, having heard the age and nature of the convictions, agreed that they be considered since justice could not otherwise be done. 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 May 2011.

(b) SECOND HAND DEALER'S LICENCE - SUSPENSION HEARING AND APPLICATION FOR RENEWAL OF LICENCE

Reference was made to Article III(b)(i) of the minute of meeting of this Committee held on 1st April, 2010, wherein the licence holder, Mr A B, was issued with a formal warning with the request that his renewal of licence be brought back to the Committee with a report from the Trading Standards Department on any further incidents.

The Committee gave consideration of the content of the report submitted by the Environmental Health and Trading Standards Department. Thereafter, having heard a representative of Environmental Health and Trading Standards, the licence holder on his own behalf, the Clerk and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that the renewal of licence be granted.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article III(c)(ii) of the minute of meeting of this Committee held on 2nd September, 2010, wherein the Committee agreed to defer consideration of the suspension hearing to allow Mr K A to complete his Community Service Order. There was submitted a letter of information from the Fraud and Liaison Supervisor relative to the alleged conduct of Mr K A during the currency of his Taxi Driver's Licence. There were also submitted letters of support on behalf of the licence holder. The Committee gave consideration to the contents of all the documentation as submitted. Thereafter, having heard a representative of the Finance Department, the licence holder on his own behalf, the Clerk and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the end of April 2011 subject to the licence holder adhering to conditions agreed with the Finance Department on payment arrangements for restitution of the amount owed in overpaid benefits.

(ii) Reference was made to Article I(a)(ii) of the minute of meeting of this Committee held on 9th July, 2010, wherein the Committee had agreed to continue the suspension of the licence held by Mr A D which had initially been suspended with immediate effect on 16th June, 2010 following a report from OHSAS that he no longer met Group 2 standards and that a further hearing be held at the meeting of this Committee held on 2nd September, 2010, at which time the licence holder was to submit a Consultant's Report. This hearing was postponed until 30th September, 2010 at the request of Mr A D's Solicitor.

The Committee noted that the licence holder was not present and following consideration of the advice of the Legal Officer, agreed to continue the suspension until November 2010 to allow the licence holder to be present and to hold a fresh hearing at that time.

(iii) There was submitted a letter of information from Tayside Police relevant to the alleged conduct of Mr T H 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 applicant and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(iv) There was submitted a letter of information relative to the alleged conduct of Mr D L 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 heard a representative of Tayside Police and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr D L with immediate effect until May 2011.

(v) There was submitted a letter of information from Tayside Police relevant to the alleged conduct of Mr J M 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 heard a representative of Tayside Police, the Committee agreed to defer consideration of the matter until December 2010.

(vi) There was submitted a letter of information from Tayside Police 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 Committee agreed that no further action be taken and that the licence holder be issued with a warning as to his future conduct.

(d) TAXI DRIVER/TAXI OPERATOR - SUSPENSION HEARING

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 and Taxi Operator's Licences.

The Committee noted that the licence holder was not present and agreed that consideration of the matter be deferred to allow the licence holder to be present.

Roderick A J WALLACE, Convener.