Licensing Committee - 30/06/2011

At a MEETING of the LICENSING COMMITTEE held at Dundee on 30th 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 2nd June, 2011 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 2nd June, 2011 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

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

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

PUBLIC PERFORMANCE OF PLAYS - NEW APPLICATION

TAXI DRIVER - NEW APPLICATION

TAXI OPERATORS - NEW APPLICATIONS

(b) TAXI DRIVERS LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Application Nos 2 to 5, the Committee noted that the applicants were not present, and having been advised that the applicants had failed to pass the street test within the prescribed period, the Committee agreed that the applications be refused.

(c) AMENDMENT OF TAXI LICENCE CONDITION - USE OF CCTV

There was submitted Agenda Note AN112-2011 reporting that, over the last couple of years, a number of taxis in Dundee had been equipped with CCTV systems. It was considered desirable to amend the standard conditions for taxi licences to provide that only authorised systems could be installed and it was proposed to amend the conditions by adding the following new conditions.

"35. In the event that the licence holder wishes to have CCTV installed in the vehicle, the following shall apply:-

(a) the system installed must be approved by the Council in consultation with Tayside Police;

(b) appropriate notices must be displayed to advise passengers of the use of CCTV in the vehicle;

(c) the licence holder shall ensure that all necessary notifications are submitted to the Information Commissioner in connection with the purposes for which the CCTV system is used."

Having considered the advice of the Legal Officer, the Committee agreed:-

(i) to amend the standard conditions accordingly, as outlined in the note; and

(ii) to note that it would be entirely up to each operator whether to install CCTV in their taxi as its use was not mandatory.

(d) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article II(e) of the minute of meeting of this Committee held on 12th May, 2011, wherein it was agreed to defer consideration of this application to allow the applicant to appoint a managing agent. The Committee, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed to grant the application subject to a condition that the applicant appoint a suitable managing agent by 29th September, 2011.

In the case of Application No 2, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the application be granted subject to the applicant appointing a managing agent.

In the case of Application Nos 3 and 4, the Committee, having heard a representative of the Housing Department, an agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the applications be granted subject to a report by the Housing Department being submitted following a six month period of operation.

In the case of Application No 5, the Committee, having heard a representative of the Housing Department, a representative on behalf of the applicant 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 in September, 2011 to allow for clarification on the operation of the licence to be received and for a representative of the Richmond Fellowship Scotland to attend.

In the case of Application No 6, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application Nos 7 and 8, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(e) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted requests for variation.

In the case of Request Nos 1 to 11, the Committee, having heard a representative of the Housing Department and noting there were no objections, agreed that the requests be granted.

In the case of Application Nos 12 and 13, the Committee noted that the applicant was 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 applications be deferred to the next meeting of the Committee to allow the applicant to attend.

In the case of Application No 14, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application No 15, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the application be refused.

In the case of Application No 16, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed that the application be granted.

In the case of Application No 17, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed that the application be granted.

In the case of Application No 18, the Committee gave consideration to the content of a letter of support which had been submitted by the applicant. 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 and that a report from the Housing Department be submitted to the Committee in six months' time on the operation of the licence.

(f) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a letter of objection had been submitted by members of the public relevant to this application and that the objectors were not present. The Committee noted that a request for deferral had been received from the agent on behalf of the applicants and having considered the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of the Licensing Committee to be held on 1st September, 2011.

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 APPLICATION

There was submitted an application by Mr A S 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 the Chief Constable and 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.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article III(c)(i) of the minute of meeting of this Committee held on 3rd March, 2011, wherein it was agreed to defer consideration of the hearing to deal with any renewal application at the same time. The Committee gave consideration to the original e-mail dated 17th December, 2010 which had been submitted by the Revenues Division of the Finance Department, Dundee City Council relevant to the alleged conduct of Mr K A during the currency of his Taxi Driver's Licence. Thereafter, the Committee, having heard a representative of the Revenues Division and the licence holder on their own behalf and consideration of information submitted by the representative of the Finance Department and two separate items of information submitted by the licence holder in their support and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken in relation to the suspension of the Taxi Driver's Licence held by Mr K A but that the application for renewal of the Taxi Driver's Licence held by Mr K A be refused.

(ii) Reference was made to Article I of the minute of meeting of the Licensing Sub‑Committee held on 14th February, 2011, wherein the Taxi Driver's Licence held by Mr M C was suspended with immediate effect. Reference was also made to Article I(a) of the minute of meeting of the Licensing Committee held on 22nd March, 2011, wherein it was agreed to defer consideration of the hearing and to continue the immediate suspension until a fresh hearing to be held on 30th June, 2011.

The Committee, having heard the Legal Officer, agreed to note that no further action was required as the Taxi Driver's Licence held by Mr M C had expired and the licence holder had not submitted an application for renewal of their Taxi Driver's Licence.

(iii) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 30th March, 2011, wherein the Taxi Driver's Licence held by Mr C D was suspended with immediate effect. Further reference was made to Article I(a) of the minute of meeting of this Committee held on 26th April, 2011, wherein it was agreed to defer consideration of the hearing and to further continue the immediate suspension until 30th June, 2011. The Committee gave consideration to the letter of complaint which had been submitted by the Chief Constable relevant to the alleged conduct of Mr C D during the currency of his Taxi Driver's Licence. Thereafter, having heard a representative of the Chief Constable and the licence holder on their own behalf, the Committee agreed to call a fresh hearing at the September meeting of the Licensing Committee and to continue the suspension of the Taxi Driver's Licence held by Mr C D with immediate effect.

(iv) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 2nd June, 2011, wherein the Taxi Driver's Licence held by Mr M F was suspended with immediate effect. The Committee gave consideration to the letter of complaint which had been submitted by the Chief Constable relevant to the alleged conduct of Mr M F during the currency of his Taxi Driver's Licence. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf 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 F with immediate effect and that a fresh suspension hearing be convened at the meeting of this Committee to be held on 1st September, 2011.

(v) 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. Reference was also made to Article III(c)(vii) of the minute of meeting of this Committee held on 12th May, 2011, wherein it was agreed to defer consideration of the hearing and to continue the immediate suspension hearing to 30th June, 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 M G during the currency of his Taxi Driver's Licence. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the licence holder and the licence holder on their own behalf 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 convened at the meeting of this Committee to be held on 1st September, 2011.

(vi) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 12th May 2011, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr J R during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter of complaint which had been submitted by the Chief Constable relevant to the alleged conduct of Mr J R during the currency of his Taxi Driver's Licence. Thereafter, having heard a representative of the Chief Constable and the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension hearing until the meeting of this Committee to be held on 29th September, 2011 to allow the outcome of court proceedings and that no further action be taken on the Taxi Driver's Licence held by Mr J R in the intervening period.

(vii) Reference was made to Article I of the minute of meeting of the Licensing Sub‑Committee held on 20th May, 2011, wherein the Taxi Driver's Licence held by Mr D W 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 D W during the currency of his Taxi Driver's Licence. Thereafter, having heard a representative of the Chief Constable, the Committee noted that no further action was required to be taken as the driver's licence held by Mr D W was now forfeit.

(c) 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 the Committee agreed to recall the immediate suspension hearing and defer consideration of the hearing. Reference was also made to Article III(g) of the minute of meeting of this Committee held on 12th May, 2011, wherein it was agreed to defer the hearing to await the outcome of court proceedings. The Committee gave consideration to a letter of complaint which had been submitted by the Chief Constable relevant to the alleged conduct of Mr D F during the currency of his Taxi Driver, Taxi Operator and Private Hire Car Operator's Licences.

Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to note that no further action was required as the licence holder had been found not guilty in a Court of Law in relation to the incident reported.

Roderick A J WALLACE, Convener.

APPENDIX I

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 2nd June, 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 CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr M F 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 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 M F be suspended with immediate effect and that a hearing be held at the meeting of the Licensing Committee on 30th June, 2011 in relation to the fitness of Mr M F to be the holder of a Taxi Driver's Licence.

Roderick A J WALLACE, Convener.