Licensing Committee - 13/01/2011

At a MEETING of the LICENSING COMMITTEE held at Dundee on 13th January, 2011.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

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

The minute of meeting of this Committee of 2nd December, 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 2nd December, 2010, was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

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 - NEW APPLICATION

PET ANIMALS - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATION

SECOND HAND DEALER - NEWAPPLICATION

STREET TRADER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATION

TAXI OPERATOR - NEW APPLICATIONS

(b) TAXI DRIVER'S LICENCE - RENEWAL

There being no objections, the Committee approved the above application.

(c) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

The undernoted applications had been received:-

In the case of Application No 1, the Committee, having heard from a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

In the case of Application No 2, the Committee, having heard from a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

In the case of Application No 3, the Committee, having heard from a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

In the case of Application Nos 4 to 15, the Committee agreed to defer them to a future meeting of the Committee.

(d) HOUSES IN MULTIPLE OCCUPATION - VARIATION

A request for variation had been received for 6 Constitution Crescent to change the day to day manager to Vanessa Jobb.

The Committee agreed to defer the above application.

(e) HOUSES IN MULTIPLE OCCUPATION - RENEWALS

There was submitted the undernoted applications:-

In the case of Application No 1, the Committee, having heard from a representative of the Housing Department and an agent for the applicant, agreed to grant the application.

In the case of Application No 2, the Committee, having heard from a representative of the Housing Department and an agent for the applicant, agreed to grant the application.

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 HEARING

(i) The Committee noted that the Taxi Driver's Licence held by Mr A D had been suspended with immediate effect on 16th June, 2010 as OHSAS had reported that he no longer met Group 2 standards.

Reference was made to Article IV(c)(ii) of the minute of meeting of this Committee of 2nd December, 2010, wherein it was agreed the hearing be adjourned until 13th January, 2011 to allow a representative of OHSAS to attend, and the Taxi Driver's Licence held by Mr A D continue to be suspended with immediate effect until that date.

There was submitted Consultant's report on behalf of Mr A D.

The Committee gave consideration to the report. Thereafter, having heard an agent on behalf of the licence holder, a Consultant from OHSAS and consideration of the advice of the Legal Officer, the Committee agreed to lift the suspension with the provision that the licence holder would submit annual reports on his medical fitness to drive.

It was further agreed to review policy in relation to driving standards and a report be submitted to a future meeting of the Committee.

(ii) Reference was made to Article IV(f)(ii) of the minute of meeting of this Committee of 1st July, 2010, wherein it was agreed to adjourn consideration of this matter relating to Mr M A for a period of six months and, at that time, certification be submitted providing evidence that the licence holder had completed a course to the satisfaction of the course holders on disability awareness requirements. In the meantime, the Committee agreed to renew the licence.

There was submitted from the Chief Constable the original letter relative to the conduct of Mr M A during the currency of his Taxi Driver's Licence.

The Committee, having noted that the licence holder was not present, agreed to defer the hearing for one month.

(iii) There was submitted a letter of information from the Chief Constable relative to the conduct of Mr C B during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard from the applicant on their own behalf and the Chief Constable's representative, agreed to take no further action.

(iv) Councillor Fordyce declared a non-financial interest by virtue of having personal knowledge of the applicant, left the Chambers and took no part in the debate.

Reference was made to Article IV(c)(i) of the minute of meeting of this Committee of 2nd December 2010, wherein it was agreed that as the licence holder was not present, the hearing be adjourned to a future meeting of the Committee.

There was submitted the original letter from the Chief Constable relative to the 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 deferred to a future meeting of the Committee.

(v) Councillor Fordyce re-entered the Chambers prior to consideration of this item of business.

There was submitted a letter from the Head of Environmental Health and Trading Standards relative to the conduct of Mr D D during the currency of his Taxi Driver's Licence.

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

(vi) Reference was made to Article IV(f)(iv) of the minute of meeting of this Committee of 1st July, 2010, wherein it was agreed to defer the hearing for six months to monitor the behaviour of Mr F K.

There was submitted the original letter from the Chief Constable relative to the conduct of Mr F K during the currency of his Taxi Driver's Licence.

The Committee, having noted that the licence holder was not present and having heard from the Chief Constable's representative, agreed to take no further action.

(vii) Reference was made to Article III(d)(ii) of the minute of meeting of this Committee of 2nd September, 2010, wherein it was agreed to lift the immediate suspension of the licence and that the matter be reviewed after a period of four months for good behaviour relative to Mr N M.

There was submitted the original letter from the Chief Constable relative to the conduct of Mr N M during the currency of his Taxi Driver's Licence.

The Committee, having noted that the licence holder was not present and having heard from the Chief Constable's representative, agreed to take no further action.

(viii) Reference was made to Article IV(d) of the minute of meeting of this Committee of 2nd December, 2010, wherein it was 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.

There was submitted the original letter from the Chief Constable relative to the conduct of Mr J H during the currency of his Taxi Driver's Licence.

The Committee, having heard from an agent on behalf of the licence holder and from the Chief Constable's representative, agreed to take no further action.

(ix) Reference was made to Article IV(c)(vi) of the minute of meeting of this Committee of 2nd December, 2010, wherein as the licence holder was not present, it was agreed to adjourn the matter until January, 2011.

There was submitted the original letter from the Chief Constable relative to the conduct of Mr D S during the currency of his Taxi Driver's Licence.

The Committee, having heard from an agent on behalf of the licence holder and the Chief Constable's representative, agreed to take no further action.

(b) TAXI DRIVER'S LICENCE - RENEWAL

Reference was made to Article VI(d) of the minute of meeting of this Committee held on 4th November, 2010, wherein it was agreed to renew the licence until 31st December, 2010.

There was submitted a letter of objection from the Chief Constable relative to the alleged conduct of Ms S G during the currency of her Taxi Driver's Licence.

The Committee gave consideration to the letter and agreed to defer the hearing to a future meeting of this Committee to await the outcome of court proceedings.

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

An application for registration had been made by Mr H C and a letter of objection had been received from the Private Sector Services Manager.

The Committee, having heard from an agent on behalf of the applicant, the Director of Housing's representative and the Committee's Legal Officer, unanimously agreed not to register the applicant.

Roderick A J WALLACE, Convener.