Licensing Committee - 01/09/2011
At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st September, 2011.
Present:-
Bailie Roderick A J WALLACE
COUNCILLORS
|
David BOWES |
Stewart HUNTER |
Tom FERGUSON |
|
Elizabeth F FORDYCE |
Craig MELVILLE |
Helen DICK |
|
|
Laurie BIDWELL |
|
Bailie Roderick A J WALLACE, Convener, in the Chair.
The minute of meeting of this Committee of 15th August, 2011 was held as read.
Unless marked thus * all items stand delegated.
I MINUTE OF MEETING OF THE LICENSING SUB-COMMITTEE
The minute of meeting of the Licensing Sub-Committee held on 15th August, 2011 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.
II SCHEME OF DELEGATION
It was reported that consideration of applications for renewal, to which there were no objections or representations, was delegated to Officers.
It was recommended that the Committee further delegated authority to the Convener and Depute Convener in consultation with the Depute Chief Executive (Support Services) to consider applications for renewal where representations from Tayside Police (as opposed to objections) had been lodged. Delegated authority would include power to grant applications with or without issuing a warning but not to refuse any applications. Any applicants affected would have the opportunity to submit their views in writing before the application was determined.
This course of action would reduce the number of applications having to be dealt with by the Committee, preclude the need for special meetings being called, allow applications to be dealt with sooner than was currently possible, and ensure that where any objections were lodged or the Convener and Depute Convener declined to deal with an application under delegated powers, the decision to grant or refuse the application was still taken by the Committee itself having given the applicant the opportunity to be heard.
The Committee agreed to amend the Scheme of Delegation as outlined in the note.
III THEATRES ACT 1968 - REQUEST FOR VARIATION
Councillor Hunter declared a non-financial interest by virtue of being the Council's representative on the Board of Dundee College.
There was submitted the undernoted request for variation.
|
No |
Name |
Address
|
|
1 |
Gardyne Theatre |
Gardyne Theatre, Gardyne Campus, Gardyne Road |
The Committee agreed to grant a variation to permit alcohol in the main auditorium.
IV 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
|
No |
Name |
Address |
Hours of Opening
|
|
1 |
Rejent Happyhillock Ltd
|
Unit 4 Happyhillock Shopping Centre |
11pm to 12 Midnight Mondays to Sundays
|
|
2 |
Alkarim Sheikh |
Curryhouse 102 Dura Street |
11pm to 12 Midnight Mondays to Sundays |
PRIVATE HIRE OPERATORS - NEW APPLICATIONS
|
No |
Name
|
|
1 |
Patricia Douthwaite |
|
2 |
Dundee Private Hire 203020 Ltd x 31 |
PUBLIC ENTERTAINMENT - NEW APPLICATIONS
|
No |
Name |
Address |
Date of Event
|
|
1 |
Broughty Ferry Traders' Association |
Castle Green |
3rd - 10th July |
|
2 |
Charleston Tenants' and Residents' Association |
Alec Craigie Village and Green |
21st August |
|
3 |
Angela Doran |
Barnhill Rock Garden |
9th July |
|
4 |
DUSA |
Balfour Street Car Park |
25th and 26th June |
|
5 |
Finmill Centre Local Management Group |
Fintry Parish Church |
13th August |
|
6 |
Hannah Henderson |
Craigowl Primary School |
20th August |
|
7 |
NCR Financial Solutions Group Ltd |
Discovery Centre 3 Fulton Road |
25th June |
|
8 |
Stobswell Events Group |
Baxter Park |
13th August |
|
9 |
The Great Russian Circus |
Riverside Park |
3rd - 7th August |
SECOND HAND DEALER - NEW APPLICATION
|
No |
Name |
Address |
Goods Sold
|
|
1 |
Lee McMurchie |
Parc Cars 22 Old Glamis Road |
Second Hand Vehicles |
TAXI DRIVER - NEW APPLICATIONS
|
No |
Name
|
|
1 |
William J Currie |
|
2 |
Raymond McIntyre |
|
3 |
Michael Portsmith |
TAXI OPERATOR - NEW APPLICATIONS
|
No |
Name
|
|
1 |
Dickson Taxis Ltd |
|
2 |
Graham Auld and William Doig |
|
3 |
Craig T Edward |
|
4 |
James Harris |
|
5 |
Heather Miller |
(b) MARKET OPERATOR'S LICENCE - NEW APPLICATION
There was submitted the undernoted application.
|
No |
Name |
Address |
Date of Event
|
|
1 |
Continental Market Ltd/ Angela Scott |
City Square/High Street |
6th to 15th November |
In the case of this application, the Committee, having heard the City Centre Manager, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed to refuse the above application.
(c) PRIVATE HIRE OPERATORS LICENCE
There was submitted the undernoted application.
(i) New Application
|
No |
Name
|
|
1 |
Colin Campbell |
Councillor Melville declared a non-financial interest by virtue of knowing the applicant's son.
In the case of this application, the Committee having heard the applicant on their own behalf, agreed to grant the application, together with the variation requested to display a disc rather than a plate.
(ii) Request For Variation
The Committee noted that a request for variation had been submitted by Edvins Balodis to allow tinted windows on the vehicle to which his Private Hire Operator's Licence related.
The Committee agreed that the request be granted.
(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications.
|
No |
Name
|
|
1 |
Ian Donachy |
|
2 |
Ian W Hutton |
|
3 |
David Snee |
|
4 |
Muhammad R Yassin |
In the case of Application Nos 1 to 3, the Committee noted the applicants had failed to pass the street test within the prescribed period, and agreed that the applications be refused. In the case of Application No 4, the Committee noted that the application had been withdrawn.
(e) HOUSES IN MULTIPLE OCCUPATION
There were submitted the undernoted applications.
|
No |
Name |
Person Responsible |
Address
|
|
1 |
Stuart A and Anne E Booth |
Stuart A and Anne E Booth |
2/R 142 Nethergate |
|
2 |
Lynne Anderson |
Wanrobe Investments Ltd/ Duncan Robertson |
79 Ladywell Avenue |
|
3 |
John M Henderson |
Easylets Ltd/Jack Reavley |
9 Friary Gardens |
|
4 |
John M Henderson |
Easylets Ltd/Jack Reavley |
22 Friary Gardens |
|
5 |
Johanna and Dympna McAuley |
Easylets Ltd/Jack Reavley |
14A Taylor's Lane |
|
6 |
Hillcrest Housing Association Association Ltd |
The Richmond Fellowship Scotland/Shaun Towell |
5 Cowan Place |
|
7 |
Redgrave Properties Ltd |
|
4/2, 19 Bank Street |
|
8 |
Lee Chadwick |
|
259E Blackness Road |
|
9 |
Duncan and Rosie Peat |
|
G/0, 3 Roseangle |
|
10 |
Ingrid A Gray |
|
G/1, 7 Blackness Avenue |
|
11 |
Catherine A Deeney and Ingrid A Gray |
|
1 Thomson Street |
|
12 |
Robin Taylor |
|
23 Pleasance Court |
|
13 |
Ruth Paton |
|
1/1, 35 Blackness Avenue |
|
14 |
Doreen L and Stephen C Hainey |
|
3/1, 1 Bank Street |
|
15 |
TA Investments Ltd |
|
2/2, 2 Union Street |
|
16 |
Chris Santilhano |
|
89 Albert Street |
|
17 |
Laura Rosbottom |
|
3/2, 7 Roseangle |
|
18 |
Laura Rosbottom |
|
3/1, 7 Roseangle |
|
19 |
Laura Rosbottom |
|
3/1, 5 Roseangle |
|
20 |
Laura Rosbottom |
|
3/2, 5 Roseangle |
|
21 |
Denis Masterton |
|
3B Shepherd's Loan |
|
22 |
Jacqueline and Neil V Goodley |
|
2/1, Kimberley Buildings 38 Whitehall Street |
|
23 |
Nicole L Boland |
|
2/2, 5 Hilltown Terrace |
In the case of Application No 1, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed to grant the application subject to confirmation of the appointment of a suitable day to day manager to be confirmed at the meeting of this Committee on 29th September, 2011.
In the case of Application Nos 2 to 5, 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 6, reference was made to Article ll(d)(v) of the minute of meeting of this Committee held on 30th June, 2011, wherein consideration of the application was deferred to allow the day to day manager to be in attendance. The Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed grant the application.
In the case of Application Nos 7 to 23, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.
(f) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS
There were submitted the undernoted requests for variation.
|
No |
Address |
Purpose
|
|
1 |
1st Floor, 10 Cleghorn Street |
Change the day to day Manager to AKG Property Group/ Zakir Gani. |
|
2 |
2nd Floor, 10 Cleghorn Street |
Change the day to day Manager to AKG Property Group/ Zakir Gani. |
|
3 |
T/F, 10 Cleghorn Street |
Change the day to day Manager to AKG Property Group/ Zakir Gani. |
|
4 |
2nd Floor, 10 Cleghorn Street |
Change the day to day Manager to AKG Property Group/ Zakir Gani. |
|
5 |
Top Floor, 45 Cleghorn Street |
Change the day to day Manager to AKG Property Group/ Zakir Gani. |
|
6 |
324A Perth Road |
Change the day to day Manager to Rent Me Property Managements Ltd/Richie Hawkins. |
|
7 |
3/1, 54 Bell Street |
Change the day to day Manager to Grant Management/ Peter Grant. |
|
8 |
2/1, 93 Commercial Street |
Change the day to day Manager to Grant Management/ Peter Grant. |
|
9 |
21B Cleghorn Street |
Change the day to day Manager to Grant Management/ Peter Grant. |
|
10 |
T/L, 10 Garland Place |
Remove the existing day to day Manager. |
|
11 |
T/L, 5 Rustic Place |
Remove the existing day to day Manager. |
In the case of Request Nos 1 to 9, there being no objections, the Committee agreed that the requests be granted.
In the case of Request No 10, reference was made to Article II(e)(xii) of the minute of meeting of this Committee held on 30th June, 2011, wherein consideration of this request was deferred to allow the applicant to attend. 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 defer the variation to the next meeting of this Committee on 29th September, 2011.
In the case of Request No 11, reference was made to Article II(e)(xiii) of the minute of meeting of this Committee held on 30th June, 2011, wherein consideration of the request was deferred to allow the applicant to attend. 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 defer the variation until the next meeting of this Committee on 29th September, 2011.
(g) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION
There was submitted the undernoted application.
|
No |
Name |
Person Responsible |
Address
|
|
1 |
Judith M and Mark V Townsend |
Neil Thomson/Rossclare Lettings |
41 Taylor's Lane |
In the case of this application, 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, a representative on behalf of the applicant, and taken into account letter of objection, and consideration of the advice of the Legal Officer, the Committee agreed to grant the above application.
(h) LIST OF ACCESSIBLE (EUROPEAN WHOLE VOLUME) VEHICLES - ADDITION
It was reported that the Citroen Berlingo presented by The Taxi Centre, Glasgow had been assessed by the Plant and Vehicle Officer and that, having received the appropriate certification, the officer had recommended that this vehicle be added to the list of European Whole Volume accessible vehicles.
The Committee agreed the terms of the note.
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.
V CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) SKIN PIERCING AND TATTOOIST LICENCE - NEW APPLICATION
1 Mr W S
The Committee, having noted that the applicant was not present, and having heard from the Chief Constable's representative and taken consideration of the advice of the Legal Officer, agreed to refuse the application.
(b) REQUEST FOR EXTENSION OF TIME TO WIND UP ESTATES
The Committee agreed to requests for extensions from the Executors of the late Mr G S and Mr J H.
(c) TAXI DRIVER'S LICENCE - RENEWAL APPLICATIONS
|
No |
Name
|
|
(i) |
Mr B A |
The Committee gave consideration to the content of a letter of representation from the Chief Constable relative to this application. Thereafter, having heard from the Chief Constable's representative and the applicant on their own behalf, the Committee agreed to grant the application.
|
(ii) |
Ms S G |
Reference was made to Article IV(c) of the minute of meeting of this Committee of 3rd February, 2011, whereby renewal was granted until 31st May, 2011, with any further renewal application to be considered at the meeting of this Committee on 1st September, 2011.
The Committee, having heard from the Chief Constable's representative and a representative for the applicant, agreed to grant the application.
|
(iii) |
Ms L McL |
The Committee, having noted that a letter of representation from Tayside Police had been withdrawn, agreed to grant the above application.
|
(iv) |
Mr D M |
The Committee gave consideration to the content of a letter of representation from the Chief Constable relative to this application. Thereafter, having heard from the Chief Constable's representative and the applicant on their own behalf, the Committee agreed to grant the application.
|
(v) |
Mr N M |
The Committee gave consideration to the content of a letter of representation from the Chief Constable relative to this application. Thereafter, having heard from the Chief Constable's representative and the applicant on their own behalf, the Committee agreed to grant the application.
|
(vi) |
Mr D O |
The Committee gave consideration to the content of a letter of representation from the Chief Constable relative to this application. Thereafter, having heard from the Chief Constable's representative and a representative on behalf of the applicant, the Committee agreed to grant the application for six months.
|
(vii) |
Mr R R |
The Committee gave consideration to the content of a letter of representation from the Chief Constable relative to this application. Thereafter, having heard from the Chief Constable's representative and the applicant on their own behalf, the Committee agreed to grant the application for six months.
|
(viii) |
Mr J S |
The Committee agreed to defer the above application.
|
(ix) |
Ms L S |
Bailie Wallace declared a non-financial interest by virtue of having received e-mail correspondence from the applicant.
The Committee gave consideration to the content of a letter of representation from the Chief Constable. Thereafter, having heard from the Chief Constable's representative and the applicant on their own behalf, agreed to defer the application.
|
(x) |
Mr F T |
The Committee gave consideration to a letter of representation from the Head of Accounts and Benefits. Thereafter, having heard a representative of the applicant, the Committee agreed to grant the application.
(d) TAXI DRIVERS/PRIVATE HIRE OPERATORS LICENCE - RENEWAL APPLICATION
|
(i) |
Mr B Z |
The Committee gave consideration to the content of a letter of representation from the Chief Constable. Thereafter, having heard from the Chief Constable's representative and the applicant on their own behalf, agreed to grant the application.
(e) TAXI DRIVERS/TAXI OPERATORS LICENCE - RENEWAL APPLICATIONS
|
(i) |
Mr L S |
The Committee gave consideration to the content of a letter of representation from the Chief Constable. Thereafter, having heard from the Chief Constable's representative and the applicant on their own behalf, agreed to grant the applications.
(f) TAXI OPERATORS LICENCE - RENEWAL APPLICATION
|
(i) |
Mr K S |
The Committee, having noted that the letter of representation from the Chief Constable had been withdrawn, agreed to grant the above application.
(g) TAXI DRIVERS LICENCE - SUSPENSION HEARING/RENEWAL APPLICATIONS
|
(i) |
Mr R A |
Reference was made to Article III(c)(ii) of the minute of meeting of this Committee of 12th May, 2011. The Committee considered a letter from the Environmental Compliance Manager relative to the above application. Thereafter, having noted that the applicant was not present and having heard from the Environmental Compliance Manager, agreed to refuse the application.
|
(ii) |
Mr L C |
The Committee considered a letter from the Chief Constable relative to the above application. Thereafter, the Committee having heard from the Chief Constables representative and the applicant on their own behalf, agreed to grant renewal of the licence and adjourn the suspension hearing to the meeting of this Committee in December 2011.
|
(iii) |
Mr C D |
Reference was made to Article III(b)(iii) of the minute of meeting of this Committee of 30th June, 2011, where it was agreed to defer consideration of the hearing and to continue the immediate suspension hearing to 1st September 2011.
The Committee, having heard from the Chief Constable's representative and the applicant on their own behalf, agreed to defer the hearing to 29th September, 2011, with the immediate suspension continuing in effect.
|
(iv) |
Mr M F |
Reference was made to Article III(b)(iv) of the minute of meeting of this Committee of 30th June, 2011, where it was agreed to defer consideration of the hearing and continue the immediate suspension to 1st September, 2011.
The Committee, having heard from the Chief Constables representative and from the licence holder on their own behalf, agreed to defer the hearing to 29th September, 2011, with the immediate suspension continuing in effect.
|
(v) |
Mr M G |
Reference was made to Article III(b)(v) of the minute of meeting of this Committee of 30th June, 2011, where it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr M G and that a fresh suspension hearing be convened at the meeting of this Committee on 1st September, 2011.
The Committee, having noted that the licence holder was not present, agreed to defer the hearing to 29th September, 2011, with the immediate suspension continuing in effect.
|
(vi) |
Mr R N |
Reference was made to Article III(c)(viii) of the minute of meeting of the Committee of 12th May, 2011, where it was agreed to suspend Mr R Ns licence until 1st September, 2011 to allow any renewal application to be considered.
The Committee, having considered a letter from the Environmental Compliance Manager dated 1st July, 2011, heard from an officer from the Environment Department and the applicant on their own behalf, agreed to refuse the application for renewal.
(h) WINDOW CLEANERS LICENCE - NEW APPLICATION
|
(i) |
Mr J ON |
The Committee, having noted that the applicant was not present, agreed to defer the above application.
Roderick A J WALLACE, Convener.
APPENDIX I
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 15th August, 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 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.
I CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI DRIVER'S LICENCE - REQUESTS FOR SUSPENSION
(i) There was tabled a letter of information from the Head of Accounts and Benefits relative to the alleged conduct of Mr J A during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter submitted by the Head of Accounts and Benefits.
Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr J A to be the holder of a Taxi Driver's Licence.
(ii) There was tabled a letter of information from the Head of Accounts and Benefits relative to the alleged conduct of G McH during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter submitted by the Head of Accounts and Benefits.
Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of G McH to be the holder of a Taxi Driver's Licence.
(iii) There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr D D 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, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr D D to be the holder of a Taxi Driver's Licence.
(iv) There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Ms M D during the currency of her Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable.
Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Ms M D to be the holder of a Taxi Driver's Licence.
(v) There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr A 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, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr A R to be the holder of a Taxi Driver's Licence.
Roderick A J WALLACE, Convener.