Licensing Committee - 01/12/2011

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st December, 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 3rd November, 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 3rd November, 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 the undernoted applications had been granted under delegated powers:-

INDOOR SPORTS - NEW APPLICATIONS

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

SECOND HAND DEALERS - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST'S - NEW APPLICATION

STREET TRADERS - NEW APPLICATIONS

TAXI DRIVERS - NEW APPLICATIONS

TAXI OPERATORS - NEW APPLICATIONS

(b) STREET TRADER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that application had also been made to vary Conditions 9 and 10 to allow the vehicle to be operated to be sited at Old Glamis Road/Gillburn Road and that the applicant had leased this site from the City Development Department and proposed to sell hot food, confectionery and light refreshments. The Committee, having heard the Clerk, a representative of the City Development Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed to defer consideration of the application until the meeting of the Licensing Committee to be held on 2nd February, 2012.

In the case of Application Nos 2 and 3, the Committee noted that application had been made to vary Conditions 9 and 10 to allow the vehicle to be sited at Jack Martin Way. The Committee gave consideration to the content of a letter which had been submitted by the City Development Department relative to this application. Thereafter, having heard the Clerk and the applicant on their own behalf, the Committee agreed that the applications be granted.

(c) TAXI DRIVERS LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 2 and 3, the Committee noted that the applicants were not present and agreed that the applications be considered in their absence. Thereafter, having noted that the applicants had failed to pass the street test within the prescribed period, the Committee agreed that the applications be refused.

(d) APPROVED LIST OF ACCESSIBLE VEHICLES - ADDITION TO LIST

It was reported that the VW Kudos (Caddy) presented by Cabs Direct had been assessed by the Plant and Vehicle Officer and that having received the appropriate certificate, it was recommended that this vehicle be added to the list of whole volume accessible vehicles.

The Committee agreed that the VW Kudos (Caddy) (presented by Cabs Direct) be added to the list of whole volume accessible vehicles.

(e) HOUSES IN MULTIPLE OCCUPATION - 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.

In the case of Application Nos 2 and 3, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application No 4, the Committee, having heard the Clerk, a representative of the Housing Department, an agent on behalf of the applicant, and receiving confirmation that the Certificate of Compliance had now been submitted, agreed that the application be granted.

In the case of Application Nos 5 to 9, 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.

In the case of Application No 1, there being no objections, the Committee agreed that the application be granted.

In the case of Application No 2, the Committee, having heard a representative of the Housing Department, representatives on behalf of the applicants and consideration of the advice of the Legal Officer, agreed that consideration of the application be deferred to the meeting of the Licensing Committee to be held on 12th January, 2012.

In the case of Application No 3, 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 grant the application subject to the appointment of a suitable day to day manager. The Committee, having received confirmation that a suitable day to day manager had been appointed, agreed that the request be granted.

In the case of Application No 4, the Committee, having heard a representative of the Housing Department, and receiving notification from the representative of the Housing Department that the applicant had also applied to reduce occupancy from four persons to three persons, and that there were no objections to either application, agreed that the applications be granted.

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 APPLICATIONS

(i) There was submitted an application by Mr D B for a Taxi Driver's Licence.

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application. Thereafter, having heard a representative of Tayside Police, a representative on behalf of the applicant, the applicant on their own behalf, the Clerk, and consideration of a letter of support which had been tabled by the representative on behalf of the applicant, the Committee agreed to grant a temporary Taxi Driver's Licence, and deferred consideration of the application to the meeting of the Licensing Committee to be held in January 2012.

(ii) There was submitted an application by Mr S B for a 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 Tayside Police, a representative on behalf of the applicant, the applicant on their own behalf, the Clerk, and consideration of a letter of support which had been tabled by the representative on behalf of the applicant, the Committee agreed to grant a temporary Taxi Driver's Licence and deferred the application to the meeting of the Licensing Committee to be held in January 2012.

(iii) There was submitted an application by Mr R P for a 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 Tayside Police, the applicant on their own behalf, and the Clerk, the Committee agreed to grant a temporary Taxi Driver's Licence and deferred consideration of the application until the meeting of the Licensing Committee to be held in January 2012.

(iv) There was submitted an application by Mr J W for a 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 Tayside Police, a representative on behalf of the applicant and consideration of the advice of the Clerk, the Committee agreed to grant a temporary Taxi Driver's Licence and to defer consideration of the application until the meeting of the Licensing Committee to be held in January 2012.

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

Reference was made to Article III(a) of the minute of meeting of this Committee held on 3rd November, 2011, wherein it was agreed to defer consideration of the application to allow the applicant to attend. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, the Committee gave consideration to the original letter of objection which had been submitted by the Chief Constable relative to this application, and having considered the advice of the Legal Officer, agreed that the application be refused.

(b) TAXI DRIVER'S LICENCE - RENEWAL

Reference was made to Article V(g)(i) of the minute of meeting of this Committee held on 1st September, 2011 and the Committee noted that the application submitted by Mr R A for renewal of his Taxi Driver's Licence had been remitted back by the Sheriff for further consideration. The Committee gave consideration to the content of a letter of information which had been submitted by the Environmental Compliance Manager relative to this application. Thereafter, having heard the Environmental Compliance Manager, an agent on behalf of the applicant, and receiving confirmation that the outstanding monies in relation to the Fixed Penalty Notice had now been paid, the Committee agreed to grant the application.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article V(g)(ii) 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 suitability of Mr L C to be the holder of a Taxi Driver's licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr L C during the currency of his Taxi Driver's Licence. The Committee noted that the Convener had already agreed to adjourn the hearing under delegated powers to await the outcome of criminal proceedings.

(ii) Reference was made to Article III(c)(iv) of the minute of meeting of this Committee held on 3rd November, 2011, wherein it was agreed to adjourn consideration of the hearing in relation to the suitability of Mr T H to be the holder of a Taxi Driver's licence to allow the licence holder to pay sums of money in relation to the outstanding fixed penalty notice.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr T H during the currency of his Taxi Driver's Licence. The Committee, having heard the Environmental Compliance Manager and an agent on behalf of the licence holder, noted that the monies had not been paid and agreed to adjourn the hearing further until the meeting of this Committee to be held on 12th January, 2012.

(iii) Reference was made to the previous decision by the Convener wherein the Taxi Driver's Licence held by Mr D K was suspended with immediate effect under delegated powers as he did not meet group 2 standards.

There was submitted a letter of information from OHSAS in relation to the suitability of Mr D K to be the holder of a Taxi Driver's Licence.

The Committee, having heard the Clerk and the licence holder on their own behalf, agreed that should a favourable report be received in relation to the suitability of Mr D K to be the holder of a Taxi Driver's licence that his licence would be reinstated.

(iv) Reference was made to Article II(c) of the minute of meeting of this Committee held on 15th August, 2011, wherein it was agreed to continue the immediate suspension of the Taxi Driver's Licence held by Mr G K with immediate effect and to adjourn the hearing to this meeting.

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

The Committee noted that the licence holder was not present and having given consideration to the content of the letter and 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 effect and to adjourn the hearing until the meeting of this Committee to be held in March 2012.

(v) Reference was made to Article III(b)(vii) of the minute of meeting of this Committee held on 29th September, 2011, wherein it was agreed to adjourn consideration of the hearing to allow the licence holder to pay the outstanding monies in relation to the fixed penalty notice.

There was submitted a letter of information from the Head of Accounts and Benefits in relation to the suitability of Mr G McH to be the holder of a Taxi Driver's Licence.

The Committee gave consideration to the content of the letter and having heard the Clerk and an agent on behalf of the licence holder, agreed that no further action be taken subject to receiving confirmation that payment was made of the administration penalty fee outstanding within 48 hours of the meeting.

(vi) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J R during the currency of his Taxi Driver's Licence. The Committee noted that the Convener had previously adjourned consideration of the hearing under delegated powers to allow the outcome of the trial which was then scheduled to be held in November 2011. The Committee further noted that the Convener had agreed under delegated powers to adjourn the hearing further to the meeting of this Committee to be held on 29th March, 2012.

(vii) Reference was made to Article I(f) of the minute of meeting of this Committee held on 24th October, 2011, wherein the Committee agreed to continue the immediate suspension of the Taxi Driver's Licence held by Mr S W with immediate effect and adjourn consideration of the hearing to this Committee. The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable relevant to the alleged conduct of Mr S W during the currency of his Taxi Driver's Licence. The Committee also gave consideration to the content of a letter of support which had been submitted on behalf of the licence holder. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to recall the suspension of the Taxi Driver's Licence held by Mr S W and to adjourn the hearing to the January 2012 Committee.

(d) TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

Reference was made to Article I(b) of the minute of meeting of the Licensing Sub-Committee held on 7th November, 2011, wherein the Taxi Operator's Licence held by Mr G R was suspended with immediate effect.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of a letter of information received from John Paton Insurance relevant to the operation of the Taxi Operator's Licence held by Mr G R. Thereafter, the Committee, having heard the Clerk, agreed to suspend the Taxi Operator's Licence held by Mr G R for the unexpired portion of the licence.

(e) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

Reference was made to Article I(a) of the minute of meeting of the Licensing Sub-Committee held on 3rd November, 2011, wherein it was agreed to hold a hearing as to the suitability of Mr D McM to be the holder of a Taxi Driver's Licence and Taxi Operator's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D McM 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 advice of the Legal Officer, the Committee agreed to adjourn the hearings for a period of three months and issue the licence holder with a verbal warning as to his future conduct in the intervening period.

Roderick A J WALLACE, Convener.

APPENDIX I

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 3rd November, 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 HEARING

There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr D McM  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, the Sub-Committee agreed that a hearing be held at the meeting of the Licensing Committee on 1st December, 2011 in relation to the fitness of Mr D McM to be the holder of a Taxi Driver's Licence and Taxi Operator'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.

(b) TAXI OPERATOR'S LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was tabled a letter of information from John Paton Insurance relative to the alleged conduct of Mr G R during the currency of his Taxi Operator's Licence.

The Sub-Committee gave consideration to the content of the letter submitted by John Paton Insurance.

Thereafter, the Sub-Committee agreed that the Taxi Operator's Licence held by Mr G R be suspended with immediate effect and that a hearing be held at the meeting of the Licensing Committee on 1st December, 2011 in relation to the fitness of Mr G R to be the holder of a Taxi Operator's Licence.

Roderick A J WALLACE, Convener.