Licensing Committee - 02/12/2010

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd December, 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 November, 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 4th November and 9th November, 2010 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

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.

LATE HOURS CATERING

MARKET OPERATOR

PRIVATE HIRE CAR DRIVER

PRIVATE HIRE CAR OPERATORS

PUBLIC ENTERTAINMENT

SECOND HAND DEALER

TAXI DRIVERS

TAXI OPERATORS

WINDOW CLEANER

(b) LATE HOURS CATERING - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the objectors were not present. The Clerk advised the Committee that an objection had been received late and that as the objector was not present to explain the reason for late submission, the Legal Officer advised the Committee that it would not be competent to submit it for consideration and the Committee agreed accordingly. The Committee gave consideration to the letters of objection which had been received from members of the public within the time period. Thereafter, the Committee, having heard an agent on behalf of the applicant, a representative of the Chief Constable and consideration of the advice of the Legal Officer, agreed that the application be granted until May 2011 and that should application for renewal of licence be received, that this be submitted to the Committee for consideration.

(c) TAXI POLICY

It was reported for information, that the report on taxi policy was not yet finalised. Discussions were ongoing with the Council's equalities officers regarding the need for a full equalities impact assessment and the Committee would be advised further in due course.

The Committee noted the position.

(d) TAXI DRIVERS LICENCE RENEWAL APPLICATIONS

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

(e) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 3, 4 and 5, the Committee, having heard a representative from the Housing Department, agreed that the applications be granted.

In the case of Application No 2, the Committee noted this application had been withdrawn from consideration by the Housing Department.

In the case of Application Nos 6 to 12, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(f) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATIONS

There were submitted the undernoted requests for variations.

In the case of Request Nos 1, 2, 3 and 7, the Committee, having heard a representative of the Housing Department, agreed that the requests for variation be granted.

In the case of Request No 5, the Committee, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, and consideration of documentation tabled by the agent on behalf of the applicant, agreed that the request be granted.

In the case of Request No 6, the Committee noted that this request had been withdrawn from consideration by the applicant.

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 ANTI-SOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 - REGISTRATION OF CERTAIN LANDLORDS

Reference was made to Article V of the minute of meeting of this Committee of 4th November, 2010, wherein it was agreed that consideration of this matter be deferred at the request of the applicant. The Committee noted that a further request for deferral had been made by the agent acting on behalf of the applicant and the Committee agreed that consideration of the application be deferred to the next meeting of the Committee.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REQUEST FOR EXTENSION OF TIME TO WIND UP ESTATE (TAXI LICENCE)

(i) The Committee agreed to a request received from the executor of the late Mr T B for extension to the three month period and noted that this period would expire in February 2011.

(ii) The Convener agreed that this item of business be considered in terms of Standing Order No 17(b) in view of the timescales. The Committee agreed to a request which had been received from the executor of the late Mr L I for extension to the three month period to wind up the estate. The Committee noted this period would expire in February 2011.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr L C for a Taxi Driver's Licence.

The Committee gave consideration to a letter of objection which had been submitted on behalf of the Chief Constable relevant to this application. Thereafter, the Committee, having heard a representative of the Chief Constable, the applicant on her own behalf and consideration of the advice of the Legal Officer, agreed that the application be granted until May 2011 and that should any application for renewal be received, that this be submitted to the Committee for consideration.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Councillor Elizabeth F Fordyce declared a non-financial interest in the undernoted item by virtue of the licence holder being known to her in a personal capacity.

There was submitted a letter of information on behalf of the Chief Constable relevant to the alleged conduct of Ms Y C during the currency of her Taxi Driver's Licence.

The Committee noted the licence holder was not present and agreed that the hearing be adjourned to a future meeting of the Committee.

(ii) There was submitted documentation from OHSAS in relation to the fitness of Mr A D to be the holder of a Taxi Driver's Licence. There was also submitted documentation on behalf of the licence holder which consisted of a medical report he had obtained on his own behalf.

The Committee agreed that the hearing be adjourned until 13th January, 2011 to allow a representative of OHSAS to attend and that in the meantime, the Taxi Driver's Licence held by Mr A D continue to be suspended with immediate effect until that date.

(iii) There was submitted a letter of information on behalf of the Chief Constable relevant to the alleged conduct of Mr S D during the currency of his Taxi Driver's Licence.

The Committee, having heard a representative of the Chief Constable, agreed that the hearing be adjourned until the meeting of the Committee to be held on 3rd March, 2011.

(iv) Reference was made to Article III(c)(v) of the minute of meeting of this Committee of 30th September, 2010, wherein consideration of this matter was deferred as the licence holder was not present.

There was submitted a letter of information on behalf of the Chief Constable 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. Thereafter, having heard a representative of Tayside Police and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that a warning letter be issued to the licence holder in relation to his future conduct.

(v) Reference was made to Article VI(e)(iv) of the minute of meeting of this Committee of 4th November, 2010, wherein consideration of this matter was deferred to allow the licence holder to pay an outstanding fine. There was submitted a letter of information from the Environmental Compliance Manager in relation to the alleged conduct of Mr D McC during the currency of his Taxi Driver's Licence.

Thereafter having heard the licence holder on their own behalf, the Environmental Compliance Manager and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(vi) Reference was made to Article IV(e)(iv) of the minute of meeting of this Committee of 4th March, 2010, wherein consideration of this matter was deferred to allow the outcome of criminal proceedings.

There was submitted a letter of information on behalf of the Chief Constable in relation to the alleged conduct of Mr D S during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and after hearing a representative of the Chief Constable, the Committee agreed to adjourn the matter until January 2011, at which time criminal proceedings may have been concluded.

(vii) Reference was made to Article I of the minute of meeting of the Licensing Sub‑Committee held on 9th July, 2010. Reference was also made to Article III(c)(iv) of the minute of meeting of this Committee of 2nd September, 2010, when the Committee agreed to continue the suspension to await the outcome of criminal proceedings.

There was submitted a letter of information on behalf of the Chief Constable in relation to the alleged conduct of Mr B T during the currency of his Taxi Driver's Licence.

The Committee, having heard a representative of the Chief Constable, the licence holder on his own behalf and consideration of the advice of the Legal Officer, agreed that no further action be taken and that the suspension of the Taxi Driver's Licence held by Mr B T be recalled and that a warning letter be issued to the licence holder in relation to his future conduct and that should any application for renewal of licence be received, that this be submitted to Committee for consideration.

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

Reference was made to Article I of the minute of meeting of the Licensing Sub-Committee held on 9th November, 2010, wherein the Taxi Driver's Licence held by Mr J H was suspended with immediate effect. There was submitted a letter of information on behalf of the Chief Constable relevant to the alleged conduct of Mr J H during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee, having heard a representative of the Chief Constable, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, agreed that the hearing be adjourned until January 2011 and that in the meantime, the suspension of the Taxi Driver's Licence held by Mr J H be continued with immediate effect and that no further action be taken in relation to the Taxi Operator's Licence held by Mr J H.

Roderick A J WALLACE, Convener.