Licensing Committee - 03/11/2011

At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd November, 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 24th October, 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 29th September, 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 APPLICATIONS

PRIVATE HIRE DRIVERS - NEW APPLICATIONS

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

STREET TRADER'S LICENCE - NEW APPLICATION

TAXI AND PRIVATE HIRE BOOKING OFFICE - NEW APPLICATIONS

TAXI DRIVERS - NEW APPLICATIONS

TAXI OPERATORS - NEW APPLICATIONS

WINDOW CLEANERS - NEW APPLICATIONS

(b) TAXI DRIVER'S LICENCES - PROCEDURAL AMENDMENT

There was submitted Agenda Note AN175-2011 reporting that owing to a change in access arrangements to the DVLA computer system, the City Council had been sending mandates signed by applicants for licences to the DVLA to obtain computer print-outs of information held by them. This had been as part of the application process and licences had not been issued until such time as the DVLA response was received. This response was now taking longer than previously. There had also been an increase in the number of mandates being returned as queries eg a signature data match upon historic data held by the DVLA not matching the applicant's current signature. Such instances resulted in further delays.

In the three year period that these checks had been carried out by the DVLA, information had not revealed anything that the Police were not already aware of. This may not, however, be the case in future years, and it was therefore intended to continue with these checks but to seek approval from the Committee to grant temporary Taxi Driver's Licences where Tayside Police checks had found nothing untoward and they had reported that they had no objections to the application. This would allow applicants to engage in employment quicker than at present albeit only on a temporary licence for a six week period, during which the DVLA print-out should be received. Should the DVLA print-out show anything untoward, then the matter would be reported to the Licensing Committee when the full application was due to be heard. This was similar to the procedures currently carried out regarding Unique Tax Reference (UTR Number) checks from HMRC.

The Committee approved the above amendment to the application procedure as outlined.

(c) SKIN PIERCING AND TATTOOING LICENCE - NEW APPLICATION

There being no objections, the Committee agreed that the undernoted application be granted.

(d) SKIN PIERCING AND TATTOOING LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted request for variation.

In the case of this request for variation, the Committee gave consideration to content of the letter submitted by the applicant, and having heard a representative on behalf of the applicant, the Committee agreed that the request be granted.

(e) STREET TRADER'S LICENCE - NEW APPLICATION

There being no objections, the Committee agreed that the undernoted application be granted.

(f) TAXI DRIVERS LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having been advised that the applicant had failed to pass the street test within the prescribed period, the Committee agreed that the application be refused.

In the case of Application No 2, the Committee noted that this application had been withdrawn from consideration by the applicant.

(g) TAXI OPERATORS LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having noted that the applicant had failed to attend for interview within the prescribed period, the Committee agreed that the application be refused.

(h) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

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

In the case of Application No 4, reference was made to Article II(b) of the minute of meeting of this Committee held on 29th September, 2011, wherein the Committee agreed to defer consideration of the application to allow the applicant to attend. The Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application No 5, the Committee, having heard a representative of the Housing Department and receiving confirmation that the Certificate of Compliance had now been submitted, and having heard the applicant on their own behalf and a representative on behalf of the applicant and consideration of the advice of the Legal Officer in relation to the policy on over-provision adopted by the Committee, the Committee agreed that the application be granted.

In the case of Application No 6, the Committee noted that a letter of objection had been received from a member of the public and that that objection had been submitted outwith the timescale for submissions, and having considered the reason for the late submission, agreed that the objection be submitted for consideration. Thereafter, having heard a representative of the Housing Department, an objector on their own behalf, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to conditions, including that the property be fully carpeted, and a report be submitted to the Committee on progress following a four month period of operation of the licence. The Committee also noted that the Housing Department would engage with other landlords within this location as to concerns raised within the objections submitted.

In the case of Application No 7, the Committee noted that the letter of representation that had been submitted by a firm of solicitors had been withdrawn by the solicitors. Thereafter, having heard a representative of the Housing Department and an agent on behalf of the applicants in consideration of documentation in support of the application which had been tabled by the agent, the Committee agreed that the application be granted, subject to the condition that a suitable day to day manager be appointed by the applicant.

In the case of Application No 8, the Committee noted that letters of objection had been submitted by members of the public relevant to this application, one of the objections had been submitted late and the Committee agreed that this be admitted for consideration. Letters of support had also been received on behalf of the applicant. Thereafter, the Committee, having heard a representative of the Housing Department, an objector on their own behalf and the applicant on their own behalf, an agent on behalf of the applicant, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the appointment of a suitable day to day manager and that a report be submitted back to the Committee after a period of operation of four months of the licence.

In relation to Application Nos 9 through to 41, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(i) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted requests for variation.

In the case of Application Nos 1 to 6, there being no objections, the Committee agreed that the applications be granted.

(j) HOUSES IN MULTIPLE OCCUPATION - UPDATE ON OPERATION OF LICENCE

Reference was made to Article II(g) of the minute of meeting of this Committee held on 12th May, 2011, wherein it was agreed to grant an application for a Houses in Multiple Occupation Licence submitted by Lee Chadwick for property at 80 Seafield Road with the person responsible noted as being Chris Byres and to provide the Licensing Committee with an update from the Private Sector Services Unit on the operation of the licence since its renewal was granted.

Thereafter, the Committee heard a representative of the Housing Department and noted that there were no adverse comments on the operation of the licence and agreed that no further action was necessary.

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

Reference was made to Article III(a) of the minute of meeting of this Committee held on 29th September, 2011, wherein it was agreed to defer consideration of this application to allow the applicant to attend.

There was submitted an application by Mr I H for a Taxi Driver's Licence.

The Committee noted that the applicant was not present, and having heard the Clerk as to the circumstances in relation to the issuing of notification to the applicant, the Committee agreed to defer consideration of the application to the next meeting of the Committee.

(b) TAXI OPERATOR'S - REQUEST FOR VARIATION

There was submitted a request for variation by Mr B M in relation to his Taxi Operator's Licence. The Committee gave consideration to the content of correspondence submitted by the applicant. Then, after having heard the Legal Officer, the agent on behalf of the licence holder, and having heard the licence holder on their own behalf, the Committee agreed to adjourn the hearing until the meeting of the Committee to be held on 12th January, 2012 to allow for a report to be submitted by the Plant and Vehicle Officer and to attend OHSAS for a full medical examination.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article III(b)(i) of the minute of meeting of this Committee held on 29th September, 2011, wherein it was agreed to adjourn hearings in relation to the Taxi Driver's Licence held by Mr G A to a meeting of the Licensing Committee to be held on 3rd November, 2011 and that the immediate suspension of licence held by Mr G A be continued in the interim. There was submitted a letter of information from the Chief Constable relative to the conduct of Mr G 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 the Legal Officer and a representative of the Chief Constable, the Committee agreed to suspend the Taxi Driver's Licence held by Mr G A with immediate effect for the unexpired portion of the licence.

(ii) Reference was made to Article III(b)(iii) of the minute of meeting of this Committee held on 29th September, 2011, wherein the Committee agreed to adjourn consideration of the hearing in relation to the Taxi Driver's Licence held by Mr D D for the licence holder to attend. The Committee gave consideration to a letter of information submitted by the Chief Constable relevant to the alleged conduct of Mr D D during the currency of his Taxi Drivers Licence. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken in relation to the Taxi Driver's Licence held by Mr D D and that the licence holder be issued with a written warning as to his future conduct.

(iii) Reference was made to Article III(g)(v) of the minute of meeting of this Committee held on 29th September, 2011, wherein the Committee agreed to recall the immediate suspension of the Taxi Drivers Licence held by Mr M F and to grant a renewal application but to recall the hearing on a monthly basis for an update. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M F during the currency of the Taxi Driver's Licence. There was also submitted a letter of support on behalf of the licence holder. The Committee, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, agreed to adjourn the hearing until the 1st March, 2012.

(iv) Reference was made to Article I(b) of the minute of meeting of Licensing Sub‑Committee held on 29th September, 2011, wherein it was agreed to hold a hearing on the alleged conduct of Mr T H during the currency of his Taxi Driver's Licence. Thereafter, having heard the Legal Officer, the Environmental Compliance Manager and a representative of the Chief Constable, an agent on behalf of the licence holder and the licence holder on their own behalf, the Committee agreed to adjourn the hearing in relation to the letters submitted by the Environmental Compliance Manager until the meeting of the Licensing Committee held on 1st December, 2011 to allow the fixed penalty notice to be paid and the matter reported by the Chief Constable to be adjourned until the meeting of the Licensing Committee to be held on 12th January, 2012 to allow for other enquiries to be carried out, and to allow for reporting officers to be in attendance.

(d) TAXI DRIVER'S LICENCE - RENEWAL APPLICATION

Reference made to Article V(c)(ix) of the minute of meeting of this Committee held on 1st September, 2011, wherein it was agreed to defer consideration of the application submitted by Ms L S for renewal of her Taxi Driver's Licence. The Committee gave consideration to 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 consideration of the advice of the Legal Officer, the Committee agreed to grant the application, subject to the outcome of court proceedings.

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARING AND RENEWAL APPLICATIONS

(i) Reference was made to Article V(g)(iii) of the minute of meeting of this Committee held on 1st September, 2011, wherein it was agreed to adjourn consideration of the hearing to the meeting of the Licensing Committee to be held on 3rd November 2011, and to continue the immediate suspension of the Taxi Driver's Licence held by Mr C D during the intervening period with immediate effect. The Committee gave consideration to a letter of information which had been submitted by the Chief Constable relevant to the conduct of Mr C D during the currency of his Taxi Drivers 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 the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to grant the application for renewal of the Taxi Driver's Licence held by Mr C D and to continue the suspension of the Taxi Driver's Licence held by Mr C D with immediate effect and to adjourn the hearing until the meeting of the Licensing Committee to be held on 2nd February 2012.

(ii) Reference was made to Article V(g)(v) of the minute of meeting of this Committee held on 1st September, 2011, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M G during the currency of his Taxi Driver's Licence and to continue the immediate suspension of the Taxi Driver's Licence held for Mr M G during the intervening period.

The Committee gave consideration to a letter of information 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. The Committee also noted that an application for renewal of the Taxi Driver's Licence held by Mr M G had also been submitted.

Thereafter, having received confirmation from the Chief Constable that no further court proceedings would be held in relation to the matter, and having heard the licence holder on their own behalf, the Committee agreed that no further action be taken and to renew the licence.

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

Reference was made to Article II(d) of the minute of meeting of this Committee held on 15th August, 2011, wherein it was agreed to recall the meeting for the suspension of the Taxi Driver's Licence held by Mr A L and to adjourn consideration of the hearing to the meeting of this Committee held on 3rd November, 2011. The Committee gave consideration to letters of information which were submitted by the Chief Constable relevant to the conduct of Mr A L during the currency of his Taxi Driver and Taxi Operator's Licences. The Committee also gave consideration to a letter of support which had been submitted by the licence holder. Thereafter, having heard a representative of the Chief Constable and an agent on behalf of the licence holder, the Committee agreed to adjourn the hearings until the meeting of this Committee to be held on 12th January, 2012.

(g) 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 29th September, 2011, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J McG during the currency of his Taxi Operator's Licence.

The Committee gave consideration to a letter of information which was submitted by the Finance Department relevant to the alleged conduct of Mr J McG during the currency of his Taxi Operators Licence. Thereafter, having heard an officer of the Finance Department, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 12th January, 2012 to allow the licence holder to resolve the matters reported to the Finance Department to their satisfaction.

(h) WINDOW CLEANER'S LICENCE - NEW APPLICATION

Reference was made to Article V(h) of the minute of meeting of this Committee held on 1st September, 2011, wherein it was agreed to adjourn consideration of the hearing in relation to the application by Mr J O'N to await the outcome of court proceedings.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relevant to the application submitted by J O'N for a Window Cleaner's Licence.

The Committee, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed to grant application by J O'N for a Window Cleaner's Licence, subject to the outcome of court proceedings.

Roderick A J WALLACE, Convener.

APPENDIX I

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 29th September, 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 OPERATOR'S LICENCE - REQUEST FOR HEARING

There was submitted a letter of information from the Finance Department relative to the alleged conduct of Mr J McG during the currency of his Taxi Operator's Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Finance Department. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr J McG to be the holder of a Taxi Operator's Licence.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

(i) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr T H during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Environmental Compliance Manager. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr T H to be the holder of a Taxi Driver's Licence.

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.

(ii) There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr T H 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 T H to be the holder of a Taxi Driver's Licence.

Roderick A J WALLACE, Convener.