Licensing Committee - 03/03/2011

At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd March, 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 3rd February, 2011 was held as read.

Unless marked thus * all items stand delegated.

I MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 3rd February, 2011 and 14th February, 2011, 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

The Committee noted that the undernoted applications had been granted under delegated powers.

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATION

(b) STREET TRADER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee gave consideration to a letter from the applicant requesting a variation to standard conditions 9 and 10. Thereafter, having heard the Clerk, the Committee agreed that the application be granted and that the request for variation also be approved.

(c) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 83 to 90, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application Nos 2 to 82, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicants, agreed that the applications be granted.

(d) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted requests for variation:-

(1) G/1, 265 Blackness Road to change the day to day manager to Rossclare Lettings.

(2) (Block A, 3rd Floor) 7, 8 and 10 Johnston Street, (Block A, 4th Floor) Courthouse Apartments, 9 Johnston Street, (Block A, 5th Floor) 11, 12 and 28 Johnston Street, (Block B, 1st Floor) Courthouse Apartments, 17 and 18 Johnston Street, (Block B, 2nd Floor) 19, 20 and 21 Johnston Street, (Block B, 3rd Floor) 22, 23 and 24 Johnston Street, (Block B, 4th Floor) 25, 26 and 27 Johnston Street, (Block B, 5th Floor) 30 Johnston Street, 1, 2, 3, 4, 5, 6, 13, 14, 15, 16, 29 and 31 Johnston Street to change the day to day manager to JVR Properties.

In the case of Request No 1, the Committee, having heard a representative of the Housing Department and noting there were no objections to the application, agreed that the request for variation be granted.

In the case of Request No 2, the Committee, having heard a representative of the Housing Department and a representative on behalf of the Company and noting there were no objections to the application, agreed that the request be granted.

(e) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee, having heard the Clerk, agreed that consideration of this application be deferred to the meeting of the Committee to be held on 31st March, 2011, to allow the supporting documentation which had been submitted by the agent to be issued with the papers for consideration.

In the case of Application Nos 2 and 3, Councillor Helen Dick declared a non-financial interest in these applications by virtue of the applicant being known to a family member in a personal capacity.

In the case of Application Nos 2 and 3, 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 applicant on their own behalf, the Committee agreed that the applications be granted.

(f) CONSULTATION ON HMO LICENSING - DRAFT GUIDANCE FOR LOCAL AUTHORITIES

There was submitted Agenda Note AN27-2011 reporting that draft guidance for local authorities in relation to the new licensing regime reflecting the implementation of Part 5 of the Housing (Scotland) Act 2006 which went live in August 2011 had been issued for public consultation.

The Private Sector Services Unit represented Dundee City Council on the Scottish Houses in Multiple Occupation Networking Group (SHMONG) who had worked with the Scottish Government to draft the revised guidance. The consultation document had been circulated to relevant officers with a view to submitting a consolidated response from Dundee City Council.

Unfortunately, the deadline for responses was 21st March, 2011, and it would not be possible to prepare a response for Committee approval prior to the deadline date. The Committee agreed to authorise the Director of Housing to draft a response following consultation with the relevant officers of the Council and to circulate this, for comment, to all members of the Licensing Committee to enable a formal response to be submitted by the deadline date.

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 - NEW APPLICATIONS

Bailie Roderick A J Wallace and Councillor Elizabeth F Fordyce declared a non-financial interest in the undernoted application by virtue of the actions taken by a family member in a professional capacity and withdrew from the Chamber during its consideration, whereupon the Chair was taken by the Depute Convener, Councillor Stewart Hunter.

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

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, Councillor Hunter, seconded by Councillor Bowes, moved that the application be granted for a period of six months.

As an amendment, Councillor Dick, seconded by Councillor Bidwell, moved that the application be refused.

On a division, there voted for the motion - Councillors Hunter, Bowes, Melville and Ferguson (4); and for the amendment - Councillors Bidwell and Dick (2) - whereupon the motion was declared carried and the application was granted for a period of six months.

Bailie Roderick A J Wallace and Councillor Elizabeth F Fordyce re-entered the Chamber prior to consideration of the undernoted application, whereupon the Chair was resumed by Bailie Wallace.

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

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable and an agent on behalf of the applicant, the Committee agreed that the application be granted.

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

Reference was made to Article III(b)(ii) of the minute of meeting of this Committee held on 3rd February, 2011, wherein consideration of the application was deferred to await the outcome of the trial.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(b) PRIVATE HIRE CAR LICENCE - SUSPENSION HEARING

Reference was made to Article I(a)(i) of the minute of meeting of the Licensing Sub-Committee held on 3rd February, 2011, wherein the Private Hire Operator's Licence held by Mr S T was suspended with immediate effect.

There was submitted information prepared by the Legal Officer in relation to the alleged conduct of Mr S T during the currency of his Private Hire Operator's Licence.

The Committee noted that the licence holder was not present and agreed that the hearing be held in their absence. Thereafter, having heard the Clerk, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the Private Hire Operator's Licence held by Mr S T with immediate effect for the unexpired portion of the licence.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) There was submitted information from the Revenues Division in relation to the alleged conduct of Mr K A during the currency of his Taxi Driver's Licence.

The Committee, having heard a representative of the Revenues Division, the licence holder on their own behalf, a representative on behalf of the licence holder and the Clerk, agreed to adjourn the hearing until the meeting of the Licensing Committee to be held on 30th June, 2011 to coincide with any application for renewal of licence which may be submitted by the licence holder.

(ii) Reference was made to Article IV(f)(ii) of the minute of meeting of this Committee held on 1st July, 2010, wherein the Committee had agreed to defer consideration of the complaint for six months to allow Mr M A to provide written confirmation in the form of a Certificate of Attendance that he had attended a Disability Awareness Course with specific regard to the needs of visually impaired people.

The Committee gave consideration to a letter of information which had been submitted by the Chief Constable relevant to the alleged conduct of the licence holder. Thereafter, having heard a representative on behalf of the licence holder, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 31st March, 2011 pending confirmation being received that the licence holder had completed the appropriate course.

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

The Committee noted that the licence holder was not present and, having heard the Clerk and the representative of the Chief Constable, agreed that the hearing be adjourned until the meeting of the Licensing Committee to be held on 12th May, 2011.

(iv) Reference was made to Article I(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 28th January, 2011, wherein the Taxi Driver's Licence held by Mr S C was suspended with immediate effect.

The Committee gave consideration to a letter of complaint which had been submitted by the Chief Constable relevant to the alleged conduct of Mr S C during the currency of his Taxi Driver's Licence.

Thereafter, having heard a representative of the Chief Constable and the Clerk, the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held on 12th May, 2011, at which time court proceedings may have been completed and to continue the suspension of the Taxi Driver's Licence held by Mr S C with immediate effect.

(v) Reference was made to Article IV(b)(iii) of the minute of meeting of this Committee held on 2nd December, 2010, wherein the Committee agreed to adjourn the hearing to await the outcome of a trial which was to be held on 7th February, 2011.

The Committee gave consideration to a letter of complaint which had been submitted by the Chief Constable relevant to the alleged conduct of Mr S D during the currency of his Taxi Driver's Licence.

Thereafter, having heard a representative of the Chief Constable and receiving confirmation that the Procurator Fiscal had decided that no further proceedings be taken, and having heard the Clerk and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and the licence holder be issued with a warning in relation to his future conduct.

(vi) Reference was made to Article I(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 13th January, 2011, wherein it was agreed that a hearing be held in relation to the alleged conduct of Mr T J during the currency of his Taxi Driver's Licence.

The Committee gave consideration to a letter of complaint which had been submitted by the Chief Constable relevant to the alleged conduct of Mr T J during the currency of his Taxi Driver's Licence.

Thereafter, 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, the Committee agreed that no further action be taken.

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

Reference was made to Article I(a)(i) of the minute of meeting of the Licensing Sub-Committee held on 28th January, 2011, wherein the Taxi Driver's Licence held by Mr G C was suspended with immediate effect.

The Committee gave consideration to a letter of complaint which had been submitted by the Chief Constable relevant to the alleged conduct of Mr G C during the currency of his Taxi Driver's Licence and Taxi Operator's Licence.

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Clerk, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 12th May, 2011, to allow the outcome of court proceedings. The Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr G C with immediate effect and that no further action be taken in relation to the Taxi Operator's Licence held by Mr G C in the intervening period.

(e) TAXI OPERATOR - REQUEST FOR VARIATION

Reference was made to Article IV(h) of the minute of meeting of the Licensing Committee held on 1st July, 2010, wherein the Committee had agreed to refuse the request for variation which had been submitted by Mr B M in relation to his Taxi Operator's Licence.

The Committee noted that the licence holder had appealed against the decision to the Sheriff and that the application had been remitted back to the Committee for reconsideration.

The Committee gave consideration to the content of the original request for variation which had been submitted by Mr B M.

Thereafter, having heard an agent on behalf of the applicant, consideration of the advice of the Legal Officer and consideration of supporting documentation which had been submitted by the agent on behalf of the licence holder, the Committee agreed that the request for variation not be granted.

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

Councillor Melville declared a non-financial interest in this item of business by virtue of having had dealings with landlords through the course of his employment, and left the Chamber prior to its consideration.

There was submitted a memorandum from the Private Sector Services Manager relevant to the registration of T P Ltd, as landlords.

The Committee gave consideration to the content of the document.

Thereafter, having heard a representative of the Housing Department, an agent and a representative on behalf of the landlords, the Committee agreed that the registration of T P Ltd, as landlords, be revoked with immediate effect.

The Committee agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order 17(b) in view of the timescales involved.

(f) REQUEST FOR EXTENSION OF TIME TO WIND UP ESTATE OF DECEASED TAXI LICENCE HOLDERS

Reference was made to Article IV(a)(i) and IV(a)(ii) of the minute of meeting of this Committee held on 2nd December, 2010, wherein the Committee had granted extensions of time to allow the estates to be wound up.

It was reported that further requests had been received from the Executors of the late T B and L I for extension to the three month period, as the estates had not yet been wound up.

The Committee, having heard the Clerk and an agent on behalf of one of the deceased's licence holders, agreed that a further extension of time be granted until 31st May, 2011.

Roderick A J WALLACE, Convener.