Licensing Committee - 12/05/2011

At a MEETING of the LICENSING COMMITTEE held at Dundee on 12th May, 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 31st March, 2011 was held as read.

Unless marked thus * all items stand delegated.

I MINUTES OF MEETINGS OF THE LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 30th March, 31st March and 5th April, 2011 were submitted and noted for information and record purposes, copies of which were attached to this minute as Appendices I, II and III.

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

LATE HOURS CATERING - NEW APPLICATION

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALERS - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

STREET TRADER - NEW APPLICATION

TAXI DRIVERS - NEW APPLICATIONS

TAXI OPERATORS - NEW APPLICATIONS

WINDOW CLEANERS - NEW APPLICATIONS

(b) APPROVED LIST OF ACCESSIBLE VEHICLES - ADDITION TO LIST

It was reported that the Citroen Berlingo presented by Taxi Centre, Paisley had been assessed by the Plant and Vehicle Officer and that having received the appropriate certificate, he recommended that this vehicle be added to the list of low volume accessible vehicles.

The Committee agreed that the Citroen Berlingo presented by Taxi Centre, Paisley, be added to the list of low volume accessible vehicles.

(c) SECOND HAND DEALER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee gave consideration to the content of the report which had been submitted by the Environmental Health and Trading Standards Department. Thereafter, having heard the applicant on his own behalf and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the application be granted, subject to the condition that notification be given of alternative plans for storage and an undertaking by the applicant that remaining matters referred to within the report would be addressed by the applicant to the satisfaction of the Environmental Health and Trading Standards Department.

(d) STREET TRADER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee gave consideration to the content of a letter which had been submitted by the applicant requesting a variation to Conditions 9 and 10.

Thereafter, having heard the applicant on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the location of the operation of the licence being the Dundee railway station and Broughty Ferry harbour and the periods of operation at both locations be limited to one hour each.

(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, the applicant on her own behalf and consideration of the advice of the Legal Officer, agreed that consideration of the application be deferred to the meeting of this Committee to be held on 30th June, 2011 to allow confirmation to be received that a suitable day to day manager had been appointed by the applicant.

In the case of Application No 2, the Committee agreed that the application be granted as confirmation had been received that the applicant had appointed a suitable day to day manager.

In the case of Application No 3, 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 4, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of supporting information submitted by the applicant, agreed that the application be granted, subject to receiving confirmation at a meeting of this Committee to be held on 30th June, 2011 that the applicant had appointed a suitable day to day manager.

(f) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted requests for variations.

(1) 1st Floor, 51 Meadowside to change the day to day manager to John Cape.

(2) 3/1, 101 Magdalen Yard Road to change the day to day manager to J & E Shepherd/Simon Fletcher.

(3) 2nd Floor, 51 Meadowside to change the day to day manager to John Cape.

(4) 1st Floor, 1 South Tay Street to change the day to day manager to Easylets Ltd/Jack Reavley.

(5) To change the layout plan for 15 Larch Street.

(6) 6 Rankine Street to change the day to day manager to Susan Thomson.

(7) 24A Paton's Lane to change the day to day manager to Easylets Ltd/Jack Reavley.

(8) 8 Dudhope Gardens to remove the day to day manager.

(9) 2E Shaftesbury Place to change the day to day manager to John Clarkson.

(10) 3 Springfield to change the day to day manager to Easylets Ltd/Jack Reavley.

(11) 3/2, 43 Union Street to change the day to day manager to Freya Cowan.

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

In the case of Application Nos 2, 4, 7 and 10, the Committee agreed that the requests be granted.

In the case of Application Nos 5 and 6, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicants, agreed that the request be granted.

In the case of Application No 8, the Committee noted that the applicants were not present and having heard a representative of the Housing Department and consideration of the advice of the Legal Officer, agreed that consideration of the application be deferred to a future meeting of the Committee to allow the applicant to be present.

In the case of Application No 11, the Committee, having heard a representative of the Housing Department with reference to a previous decision about the granting of a licence at this address and having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed the application be refused.

(g) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee gave consideration to the content of a letter of representation which had been submitted by the Housing Department relative to this application. Thereafter, having heard a representative of the Housing Department and the agent for the applicant, the Committee agreed that the application be granted.

In the case of Application No 2, the Committee noted that the person responsible was Lee Chadwick. The Committee then gave consideration to letters of objection which had been submitted by members of the public relevant to this application. The Committee also gave consideration to a letter of support which had been submitted by the agent on behalf of the applicant. Thereafter, having heard Mr Dickie, who was the only objector present at the meeting, an agent on behalf of the applicant, a representative of Tayside Police, a representative of the Housing Department, a representative of the Environmental Health and Trading Standards Department, the agent on behalf of the applicant and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the application be granted and that a progress report be submitted to the meeting of the Committee to be held on 1st September, 2011 for review and that a progress report be submitted to the Committee on an annual basis thereafter for the duration of the licence.

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) REQUEST FOR EXTENSION OF TIME TO WIND UP ESTATE

It was reported that a request had been received from the executor for the estate of the late Mr G S, who had held a licence as a Taxi Operator, for extension to the three month period for the estate to be wound up. The Committee, having heard the Clerk, agreed that an extension be granted as requested.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

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

The Committee gave consideration to the content of a letter of representation which had been submitted by the Chief Constable relevant to this application.

Thereafter, having heard a representative of Tayside Police, the applicant on his 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.

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

The Committee gave consideration to the content of a letter of objection which had been submitted by the Chief Constable relevant to this application.

Thereafter, having heard a representative of Tayside Police, a representative on behalf of the applicant and the applicant on his own behalf, the Committee agreed that the application be granted for a period of six months.

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

The Committee gave consideration to the content of a letter of objection which had been submitted by the Chief Constable relevant to this application.

Thereafter, having heard a representative of Tayside Police, the applicant on his own behalf and a representative on behalf of the applicant, the Committee agreed that the application be granted for a period of six months.

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

The Committee gave consideration to the content of a letter of objection which had been submitted by the Chief Constable relevant to this application.

Thereafter, having heard a representative of Tayside Police and the applicant on his own behalf, the Committee agreed that the application be granted for a period of six months.

(v) There was submitted an application by Mr V R for a Taxi Driver's Licence.

The Committee gave consideration to the content of a letter of representation which had been submitted by the Chief Constable relevant to this application.

Thereafter, having heard a representative of Tayside Police and the applicant on his own behalf, the Committee agreed that the application be granted for a period of six months.

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

The Committee gave consideration to the content of a letter of objection which had been submitted by the Chief Constable relevant to this application.

Thereafter, having heard a representative of Tayside Police and the applicant on his own behalf, the Committee agreed that the application be granted for a period of six months.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A A 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 and the licence holder on their own behalf, the Committee agreed that no further action be taken and that a warning letter be issued to the licence holder regarding his future conduct.

(ii) There was submitted a letter of information from the Environmental Health and Trading Standards Department relevant to the alleged conduct of Mr R A 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 given consideration to the content of the letter and having heard a representative of the Environmental Health and Trading Standards Department and consideration of the advice of the Clerk and Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr R A be suspended for the unexpired portion until September 2011 and that any subsequent application for renewal of licence be submitted to the Committee for consideration.

(iii) Reference was made to Article VI(b)(iii) of the minute of meeting of this Committee held on 31st March, 2011, wherein it was agreed to defer consideration of the hearing to await the outcome of the trial to be held on 4th May, 2011.

There was submitted a letter of information from the Chief Constable relative 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 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 that no further action be taken and that a warning letter be issued to the licence holder regarding his future conduct.

(iv) Reference was made to Article III(b)(iv) of the minute of meeting of this Committee held on 3rd March, 2011, wherein it was agreed to adjourn the hearing to allow the outcome of court proceedings and to continue the suspension with immediate effect, in the meantime.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S C 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 given consideration to the content of the letter, having heard a representative on behalf of Tayside Police, and a representative on behalf of the licence holder and consideration of the advice of the Clerk, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr S C with immediate effect and to adjourn the hearing and hold a fresh hearing at the meeting to be held on 1st September, 2011 to allow the outcome of court proceedings.

(v) Reference was made to Article VI(e)(ii) of the minute of meeting of this Committee held on 4th November, 2010, wherein it was agreed to adjourn consideration of the hearing to allow the licence holder to progress his complaint against Tayside Police.

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M C 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 and an agent on behalf of the licence holder, the Committee agreed that no further action be taken and that a warning letter be issued to the licence holder regarding his future conduct.

(vi) Reference was made to Article VI(b)(iv) of the minute of meeting of this Committee held on 31st March, 2011, wherein it was agreed to adjourn consideration of the matter to a fresh suspension hearing at the meeting to be held on 12th May, 2011 and to continue the suspension of the licence with immediate effect, in the meantime.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J F 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 given consideration to the content of the letter and having heard a representative of Tayside Police and consideration of the advice of the Clerk, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr J F with immediate effect and that a fresh suspension hearing be held at the meeting of this Committee to be held on 30th June, 2011.

(vii) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 5th April, 2011, wherein the Taxi Driver's Licence held by Mr M G was suspended with immediate effect.

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M G 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 licence holder, and consideration of supporting information submitted by the agent, 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 M G with immediate effect and that a fresh suspension hearing be held at the meeting of this Committee to be held on 30th June, 2011.

(viii) Reference was made to Article VI(b)(vi) of the minute of meeting of this Committee held on 31st March, 2011, wherein it was agreed to defer consideration of the hearing to allow investigations into the licence holder's address to be conducted.

There was submitted a letter of information from the Environmental Health and Trading Standards Department relevant to the alleged conduct of Mr R N 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 given consideration to the content of the letter and having heard a representative of the Environmental Health and Trading Standards Department, a representative of Tayside Police, and consideration of the advice of the Clerk, the Committee agreed that the Taxi Driver's Licence held by Mr R N be suspended with immediate effect until the meeting of this Committee to be held on 1st September, 2011 and, should any application for renewal of licence be submitted, that this be brought before the Committee for consideration.

(ix) Reference was made to Article VI(b)(vii) of the minute of meeting of this Committee held on 31st March, 2011, wherein it was agreed to adjourn consideration of the hearing to allow the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R W 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 given consideration to the content of the letter, and having heard a representative of Tayside Police, and receiving confirmation from the representative that no further court proceedings would be taken against the licence holder, the Committee agreed that no further action be taken and that a warning letter be issued to the licence holder regarding his future conduct.

(d) TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

Reference was made to Article I(a) of the minute of meeting of the Licensing Sub-Committee held on 21st March, 2011, wherein it was agreed to convene a suspension hearing in relation to the fitness of Mr G A to be the holder of a Taxi Operator's Licence.

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G A during the currency of his Taxi Operator's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having given consideration to the advice of the Clerk, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 1st September, 2011.

(e) TAXI DRIVER'S/PRIVATE HIRE OPERATOR - SUSPENSION HEARING

Reference was made to Article III(b) of the minute of meeting of this Committee held on 29th April, 2010, wherein it was agreed to take no further action in relation to the Taxi Driver/Private Hire Operator's Licences held by Mr B F and that a fresh suspension hearing to be held a year after that date.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr B F during the currency of his Taxi Driver and Private Hire Operator's Licences.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 30th June, 2011.

(f) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article III(d) of the minute of meeting of this Committee held on 3rd March, 2011, wherein it was agreed to adjourn the hearing to allow the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr G C with immediate effect, in the meantime.

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G C during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative on behalf of Tayside Police, the licence holder on their own behalf and consideration of the advice of the Clerk, the Committee agreed to continue with the suspension of the Taxi Driver's Licence held by Mr G C with immediate effect and to adjourn the hearings and hold fresh suspension hearings at the meeting to be held on 1st September, 2011 to allow the outcome of court proceedings. No action would be taken in relation to the Taxi Operator's Licence held by Mr G C in the intervening period.

(ii) Reference was made to Article I(c) of the minute of meeting of this Committee held on 21st February, 2011, wherein it was agreed to adjourn consideration of this matter and hold a fresh suspension hearing at the meeting of this Committee to be held on 12th May, 2011 and to continue the suspension of the Taxi Driver's Licence with immediate effect, in the meantime.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J P 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 the matter be considered in their absence. Thereafter, having given consideration to the content of the letter and having heard a representative of Tayside Police, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 30th June, 2011 and to continue the suspension of the Taxi Driver's Licence held by Mr J P with immediate effect and that no further action be taken in relation to the Taxi Operator's Licence held by Mr J P in the intervening period.

(g) TAXI DRIVER/TAXI OPERATOR/PRIVATE HIRE CAR OPERATOR'S LICENCES - SUSPENSION HEARINGS

Reference was made to Article III(d)(v) of the minute of meeting of this Committee held on 3rd February, 2011, wherein it was agreed to recall, with immediate suspension, the Taxi Driver's Licence held by Mr D F and adjourn consideration of the matter of fresh suspension hearings to be held at a meeting on 12th May, 2011.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk, the Committee agreed to adjourn the hearings until the meeting of this Committee to be held on 2nd June, 2011.

Roderick A J WALLACE, Convener.