Licensing Committee - 02/06/2011

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd June, 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 12th May, 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 12th May and 20th May, 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 LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 26th April, 2011 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix III.

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

CINEMA LICENCE - NEW APPLICATION

LATE HOURS CATERING - NEW APPLICATION

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

SECOND HAND DEALERS - NEW APPLICATIONS

TAXI DRIVERS - NEW APPLICATIONS

TAXI OPERATORS - NEW APPLICATIONS

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(c) HOUSES IN MULTIPLE OCCUPATION - VARIATION

There was submitted the undernoted request for variation.

(1) It was reported that a request for variation had been received for 14 Daniel Terrace to change the occupancy from 4 to 5.

In the case of this request, the Committee, having heard a representative of the Housing Department, agreed that the variation be granted.

(d) STANDARD CONDITIONS OF TAXI AND TAXI DRIVER'S LICENCES - AMENDMENT

There was submitted Agenda Note AN84-2011 proposing that the list of standard conditions of the above categories of licence be amended as follows:-

(a) The following be added at the end of the current Condition 7 of Taxi Licences:-

"In addition, the licence-holder shall notify the licensing authority within 7 days of him becoming aware of any of the drivers on the list ceasing to drive the taxi or of any new driver being added to the list of those permitted by him to use the taxi."

(b) The undernoted new condition be added to the standard conditions of Taxi Driver's Licences:-

"25. The licence and badge shall be retained in the custody of the licensing authority during any period(s) of time when the licence-holder is not employed as a taxi driver. It shall be the responsibility of the licence-holder to notify the licensing authority of the name(s) of the operator(s) for whom he is driving for the time being and also of any change in the identity thereof. This information must be provided in the application form for the grant or renewal of the licence and thereafter within 7 days of any change as outlined above. If the driver ceases to be so employed, he shall be obliged to return the licence and badge to the licensing authority within 7 days, whereupon it shall be reissued upon notification to the licensing authority of his recommencing employment as a taxi driver."

The Committee gave consideration to the content of the amendments and, having heard the Legal Officer, agreed to the amendment of the standard conditions of Taxi and Taxi Driver's Licences as reported.

The Committee agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

(e) LATE APPLICATIONS FOR RENEWAL OF LICENCES - ADDITION TO SCHEME OF DELEGATION

There was submitted Agenda Note AN90-2011 reporting that a recent change to the Civic Government (Scotland) Act 1982 allowed applications for renewal which had been lodged after the last lodging date to be accepted on good cause being shown.

All licences under the Act were due to be renewed on 31st May, 2011 and it was anticipated that there would be a number of late applications to deal with and, in this regard, the Committee was asked to delegate authority to the Depute Chief Executive (Support Services) in consultation with the Convener to decide the competency of these applications. Any applications where the Depute Chief Executive (Support Services) in consultation with the Convener was not satisfied that good cause had been shown would be remitted to the Licensing Committee. Those applications which were accepted would be processed in the usual manner.

The Committee agreed to the amendment to the Scheme of Delegation as reported.

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) REQUEST FOR EXTENSION OF TIME TO WIND UP ESTATE

It was reported that a request had been received from the Executor of the late T B, who had been a Taxi Licence holder, for a further extension to the three month period to wind up the Estate. The Committee gave consideration to the content of a letter of support from the agent on behalf of the Executor which had been tabled by the Clerk. Thereafter, having heard the agent on behalf of the Executor and consideration of the advice of the Legal Officer, the Committee agreed to grant a final extension to the three month period until to 31st August, 2011.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr I H 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, having heard a representative of the Chief Constable and noting that the representative of the applicant had indicated a wish to withdraw their support for this application, withdrew from the Chambers, and having then heard the applicant on their own behalf, the Committee agreed that the application be refused.

Roderick A J WALLACE, Convener.

APPENDIX I

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 12th May, 2011.

Present:-

Bailie Roderick A J WALLACE

Councillor Stewart HUNTER

Councillor Tom FERGUSON

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

Unless marked thus * all items stand delegated.

The Sub-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 item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - REQUEST FOR HEARING

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

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed that a suspension hearing be convened in due course in relation to the fitness of Mr J R to be the holder of a Taxi Driver's Licence.

Roderick A J WALLACE, Convener.

APPENDIX II

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 20th May, 2011.

Present:-

Bailie Roderick A J WALLACE

Councillor Stewart HUNTER

Councillor Tom FERGUSON

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

Unless marked thus * all items stand delegated.

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

The Sub-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 item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

I TAXI DRIVERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Driver's Licence held by Mr D W be suspended with immediate effect and that a suspension hearing be convened at the meeting of the Licensing Committee to be held on 30th June, 2011, and that should any application for renewal of licence be received, that it be submitted to a meeting of the Licensing Committee.

Roderick A J WALLACE, Convener.

APPENDIX III

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 26th April, 2011.

Present:-

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

Stuart GALLOWAY, Principal General Services Officer, Support Services Department

Brian WOODCOCK, Senior Solicitor, Licensing, Support Services Department

Neil GELLATLY, City Development Department

Dave LINDSAY, City Development Department

TAXI TRADE REPRESENTATIVES

Erik THORESEN, Dundee Hackney Association

David YOUNG, Dundee Private Hire Ltd

Graeme STEPHEN, Dundee Taxi Association

Doug MARTIN, Tay Taxis

John CURRAN, Tele Taxis

Chris ELDER, Unite the Union

TAYSIDE POLICE REPRESENTATIVES

Dave BARCLAY, (Chief Inspector)

Gordon TAYLOR, (Inspector)

Cammy FORBES, (Constable)

Neil CRUICKSHANK, (Constable)

Stuart GALLOWAY, in the Chair.

I WELCOME/INTRODUCTIONS

The Chair made a reference to Article IV of the minute of meeting of the Licensing Committee held on 31st March 2011, wherein it was agreed that elected members of Dundee City Council no longer form part of the Taxi Liaison Group, and welcomed everyone to the meeting. Introductions were made.

II TAXI SITUATION - G CASINO, MARKETGAIT, DUNDEE

The Chair advised everyone present that this meeting had been convened specifically to consider the taxi situation at the G Casino, Marketgait, Dundee, with a view to developing proposals to resolve the issues encountered to the satisfaction of interested parties and, to that effect, he would welcome feedback from those present and indicated that everyone would have a fair and equal opportunity to make contributions.

Chief Inspector Dave Barclay outlined the position of Tayside Police at this location and their concerns for public safety in the vicinity resulting from practices of taxi drivers witnessed by officers and the police enforcement action taken as a result of this being a designated clearway. Inspector Gordon Taylor of Tayside Police further elaborated on these concerns and the wish of Tayside Police for a solution to be found to allow this area to be best serviced.

Observations and suggestions from each member of the taxi trade who was present were made to Tayside Police and Dundee City Council officer representatives. Chief Inspector Dave Barclay and Neil Gellatly of the City Development Department replied to each of these suggestions in turn and the group were invited to inspect a layout plan of the area in question.

Following a full debate, the Group noted that there were a number of possible solutions to allow demand to be met in the interest of all parties which would require further investigation by the City Development Department in consultation with Tayside Police, and in advance of any formal decision being made by an appropriate Committee of the Council, that Tayside Police and Dundee City Council would allow the bus stop located outside the Tesco store in Hawkhill to be used as a temporary rank for taxis late at night and early morning and, at this time, the measure had the full co‑operation and backing of the taxi trade representatives who were present at the meeting.

III TAXI TOTEMS

Neil Gellatly, City Development Department tabled a draft outline of how information may be displayed within proposed taxi totems at ranks within the Dundee area. The Group noted the content and that some information would be subject to adjustment and that the prototype proposed for the Nethergate rank would be provided from within the appropriate budget of the City Development Department, in the first instance, with further totems being provided from revenue received from taxi licences.

Stuart GALLOWAY, Chair.