Licensing Committee - 03/02/2011

At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd February, 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 13th January, 2011 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 10th and 13th January, 2011, were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

II TAXI POLICY REPORT

The Committee were informed that the above report would be submitted for consideration at a meeting of this Committee in March 2011. Delays in submission had been caused by a number of factors, including Equality Impact Assessments, and the recent submission of the issue of corporate licences for consideration.

III 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

PET ANIMALS

SECOND HAND DEALER

TAXI DRIVERS

WINDOW CLEANERS

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 27, the Committee, having heard a representative of the Housing Department and the applicants on their own behalf, agreed that the applications be granted.

In the case of Application No 28, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted subject to the appointment of a suitable day to day manager by 3rd March, 2011.

In the case of Application No 29, the Convener agreed that this application be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

In the case of Application Nos 30 to 32, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(c) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted requests for variation.

(1) 42A Thomson Street to change the day to day manager to Shazad Latif.

(2) 2/1, 193 Blackness Road to change the day to day manager to Shazad Latif.

(3) 4 Laurelbank to change the day to day manager to Albionlet Ltd/Nicola Curran.

(4) 4/R, 17 Crichton Street to change the day to day manager to Rossclare Lettings/Neil Thomson.

(5) 6 Constitution Crescent to change the day to day manager to Vanessa Jobb. There were no objections. This application was deferred from the Licensing Committee held on 13th January, 2011 to allow the applicant or agent to attend.

(6) 3/2, 63 Gellatly Street to change the occupancy from 3 to 4.

In the case of Request Nos 1 to 4 and 6, there being no objections, the Committee agreed that the variations be granted.

In the case of Request No 3, the Committee, having heard a representative of the Housing Department and noting that there were no objections, agreed that the variation be granted.

In the case of Request No 5, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf and noting there were no objections, agreed that the variation be granted.

(d) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the objector to the application was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months.

In the case of Application No 2, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department, the objector and the applicant on their own behalf, the Committee agreed that the application be granted for a period of six months.

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.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LICENSING OF TAXI AND PRIVATE HIRE CAR BOOKING OFFICES

It was reported that at its meeting on 29th April, 2010, this Committee had granted the first batch of new licences under the regulations relating to taxi and private hire car booking offices and that the Cabs Enforcement Officers update the Committee as to compliance by booking offices.

The Cabs Enforcement Officers reported that offices were operating within the regulations and complying with policy.

It was confirmed that Cabs Enforcement Officers would make regular visits to continue to monitor compliance and that a further update to this Committee would be provided in six months' time.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr R L 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 and an agent on behalf of the applicant, agreed that the application be refused.

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

The Committee gave consideration to a letter of representation 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, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that consideration of the application be deferred until the meeting of the Committee to be held on 3rd March, 2011.

(c) TAXI DRIVER'S LICENCE - RENEWAL

There was submitted an application by Ms S G for renewal of her Taxi Driver's Licence.

Reference was made to Article III(b) of the minute of meeting of this Committee held on 13th January, 2011, wherein it was agreed to defer consideration of the renewal until the outcome of the trial held on 27th January, 2011. 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 licence holder on their own behalf and a representative on behalf of the licence holder, agreed that the Taxi Driver's Licence held by Ms S G be renewed up until 31st May, 2011 and that any further application for renewal of this licence be referred to the Committee for a decision, even if there were no objections or representations.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

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

The Committee, having heard the licence holder on their own behalf, the representative on behalf of the licence holder and consideration of the advice of the Legal Officer, agreed that the hearing be adjourned until the meeting of the Committee to be held on 3rd March, 2011.

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

The Committee agreed that the hearing be adjourned until the meeting of the Committee to be held on 3rd March, 2011.

(iii) 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 held in their absence.

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Ms Y C be suspended for the unexpired portion of the licence until 31st May, 2011.

(iv) There was submitted a letter of information by the Environmental Compliance Manager relevant to the alleged conduct of Mr D D during the currency of his Taxi Driver's Licence.

The Committee gave consideration of the content of the letter. Thereafter, having heard the Environmental Compliance Officer, the licence holder on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held on 21st February, 2011 to allow the licence holder to pay the outstanding amount of the Fixed Penalty. The Committee further advised the licence holder that he need not attend the meeting to be held on 21st February, 2011 if the outstanding sum was paid by then.

(v) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 10th January, 2011, wherein the Taxi Driver's Licence held by Mr D F 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 D F during the currency of his Taxi Driver's Licence.

Thereafter, having heard an agent on behalf of the licence holder and the licence holder on their own behalf, the Committee agreed that the hearing be adjourned to the meeting of the Committee to be held on 12th May, 2011 and, in the meantime, the immediate suspension of the Taxi Driver's Licence held by Mr D F be recalled.

(vi) Reference was made to the decision of the Convener, in consultation with the Depute Chief Executive (Support Services), to suspend the Taxi Driver's Licence with immediate effect under Paragraph 12 of Schedule I to the 1982 Act in accordance with the Committee's Scheme of Delegation for medical fitness suspensions.

The Committee gave consideration to a letter of information which had been submitted by OHSAS in relation to the fitness of Mr T S to be the holder of a Taxi Driver's Licence.

Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr T S be suspended for the unexpired portion with immediate effect.

Roderick A J WALLACE, Convener.