Licensing Committee - 15/08/2011

At a MEETING of the LICENSING COMMITTEE held at Dundee on 15th August, 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 30th June, 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 23rd June, 30th June, 11th July and 20th July, 2011 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II, III and IV.

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 disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PRIVATE HIRE DRIVER'S LICENCE - RENEWAL APPLICATION

There was submitted an application by Mr M R for renewal of his Private Hire Driver's Licence.

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

Thereafter, having heard a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed to grant the application and that the applicant be issued with a written warning as to his future conduct.

(b) TAXI DRIVER'S LICENCE - RENEWAL APPLICATIONS

(i) There was submitted an application by Mr B C for renewal of his Taxi Driver's Licence.

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

Thereafter, having heard a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that the application be granted and that the applicant be issued with a written warning as to his future conduct.

(ii) There was submitted an application by Mr J C for renewal of his Taxi Driver's Licence.

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

Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf, and a representative on behalf of the applicant, the Committee agreed that the application be granted and that the applicant be issued with a warning as to his future conduct.

(iii) There was submitted an application by Mr R H for renewal of his Taxi Driver's Licence.

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

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence.

Thereafter, having heard a representative of the Chief Constable, the Committee agreed that the application be granted and that the applicant be issued with a written warning as to his future conduct.

(iv) There was submitted an application by Mr R J for renewal of his Taxi Driver's Licence.

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

Thereafter, having heard a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that the application be granted and that the applicant be issued with a written warning as to his future conduct.

(v) There was submitted an application by Mr R P for renewal of his Taxi Driver's Licence.

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

Thereafter, having heard a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that the application be granted.

(vi) There was submitted an application by Mr J P for renewal of his Taxi Driver's Licence.

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

Thereafter, having heard a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that the application be granted and that the applicant be issued with a warning as to his future conduct.

(vii) There was submitted an application by Mr K R for renewal of his Taxi Driver's Licence.

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

Thereafter, having heard a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that the application be granted and that the applicant be issued with a written warning as to his future conduct.

(viii) There was submitted an application by Mr M S for renewal of his Taxi Driver's Licence.

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

Thereafter, having heard a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that the application be granted and that the applicant be issued with a written warning as to his future conduct.

(ix) There was submitted an application by Mr C S for renewal of his Taxi Driver's Licence.

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

Thereafter, having heard a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that the application be granted and that the applicant be issued with a written warning as to his future conduct.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

Reference was made to Article I(a) of the minute of meeting of the Licensing Sub-Committee held on 11th July, 2011, wherein the Taxi Driver's Licence held by Mr G K was suspended with immediate effect.

There was submitted a letter of complaint from the Chief Constable relative to the alleged conduct of G K 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 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 G K with immediate affect and that a fresh hearing be convened at a meeting of the Licensing Committee to be held on 1st December, 2011 to await the outcome of court proceedings.

(d) TAXI DRIVER'S/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 20th July, 2011, wherein the Taxi Driver's Licence held by Mr A L was suspended with immediate effect.

There was submitted a letter of complaint from the Chief Constable relative to the alleged conduct of Mr A L 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 of the Chief Constable, an agent on behalf of the licence holder, the licence holder on their own behalf, and consideration of the content of a letter of support which had been tabled by the agent on behalf of the licence holder, and consideration of the advice of the Legal Officer, the Committee agreed to recall the immediate suspension of the Taxi Driver's Licence held by Mr A L and that a fresh suspension hearing be convened at the meeting of the Licensing Committee to be held on 3rd November, 2011 to await the outcome of court proceedings.

Roderick A J WALLACE, Convener.

APPENDIX I

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 23rd 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 L C.

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 a hearing be convened in due course in relation to the fitness of Mr L C to be the holder of a Taxi Driver's Licence, and that this hearing be convened at the meeting of the Licensing Committee at which time this application for renewal of his taxi licence would be submitted for consideration.

Roderick A J WALLACE, Convener.

APPENDIX II

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 30th 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 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 AND TAXI OPERATOR'S LICENCE - REQUEST FOR SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A L during the currency of his Taxi Driver's Licence and Taxi Operator'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 to hold a suspension hearing in relation to the fitness of Mr A L to be the holder of a Taxi Driver's Licence, and that no further action be taken in relation to the Taxi Operator's Licence held by Mr A L.

Roderick A J WALLACE, Convener.

APPENDIX III

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 11th July, 2011.

Present:-

Bailie Roderick A J WALLACE

Councillor David BOWES

Councillor Laurie BIDWELL

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 G K 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 G K be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr G K to be the holder of a Taxi Driver's Licence.

Roderick A J WALLACE, Convener.

APPENDIX IV

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 20th July, 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 AND TAXI OPERATOR'S LICENCE - REQUEST FOR SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A L during the currency of his Taxi Driver's Licence and Taxi Operator'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 A L be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr A L to be the holder of a Taxi Driver's Licence and Taxi Operator's Licence. No action would be taken in relation to the Taxi Operator's Licence held by Mr A L in the intervening period.

Roderick A J WALLACE, Convener.