Licensing Committee - 12/01/2012

At a MEETING of the LICENSING COMMITTEE held at Dundee on 12th January, 2012.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

Bailie Roderick A J WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 10th January, 2012 was held as read.

Unless marked thus * all items stand delegated.

I MINUTES OF MEETINGS OF THE LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 29th November, 2011, 5th December, 2011, 15th December, 2011 and 19th December, 2011, were submitted and noted for information and record purposes, the copies of which are attached to this minute as Appendices I, II, III and IV.

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.

GAME DEALER - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

STREET TRADER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) SECOND HAND DEALER - 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 heard the Legal Officer and noting that the applicant had failed to produce their unique tax reference number, the Committee agreed that the application be considered incompetent and not be considered.

(c) TAXI OPERATOR - REQUEST FOR VARIATION

There was submitted the undernoted request for variation.

In the case of this application, the Committee gave consideration to the content of a letter of application submitted by the licence holder. Thereafter, having heard from the licence holder on their own behalf and the Plant and Vehicle Officer, the Committee agreed that the application be refused.

(d) PRIVATE HIRE CAR LICENCE - VARIATION

It was reported that a request for variation to allow tinted windows had been received from David Leith, Private Hire Car licence holder. The Committee gave consideration to the content of the application submitted by the licence holder and there being no objections, agreed that the application be granted.

(e) TAXI DRIVER'S - CHANGE TO GROUP 2 MEDICAL STANDARDS

It was reported, for information, that the Group 2 Standards as they applied to insulin dependent diabetics had changed. The most recent guidelines indicated that subject to certain criteria, insulin dependent diabetics could now be considered for Group 2 licences. The driver would have to carry out regular blood glucose monitoring using a memory chip and be seen annually by an independent consultant diabetologist.

The Committee agreed to note the change and agreed that any drivers who become insulin dependent continued to be referred to OHSAS and that any assessment thereafter be carried out by an independent diabetologist rather than the driver's treating diabetologist.

(f) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, 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 2, the Committee noted that this application had been withdrawn from consideration.

In the case of Application Nos 3 to 8, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application No 9, 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 10, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicant, agreed that the application be granted.

In the case of Application No 11, 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 the application be granted, subject to the appointment of a suitable day to day manager, and that confirmation of this appointment be reported to the meeting of the Licensing Committee to held on 2nd February, 2012.

In the case of Application No 12, the Committee noted that the certificate of compliance had now been submitted, and having heard a representative of the Housing Department, the Committee agreed that the application be granted.

In the case of Application No 13, the Committee noted that in relation to the two letters of objection which had been submitted by members of the public, that Mr Macdonald had now withdrawn his objection, and that Mrs Hipson was not present to speak to her objection. The Committee gave consideration to the letter of objection which had been submitted by Mrs Hipson, and the letter of support which had been submitted by the applicant, and having heard a representative of the Housing Department, 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 an update report being submitted to the meeting of the Licensing Committee to be held in six months time.

In the case of Application Nos 14 to 18, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(g) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted requests for variation.

In the case of Request Nos 1, 2, 4, and 6, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed that the variations be granted.

In the case of Request Nos 3, 5, 7, 8 and 9, the Committee, having heard a representative of the Housing Department, agreed that the variations be granted.

In the case of Application No 10, reference was made to the Article II(f) of the minute of meeting of the Licensing Committee held on the 1st December, 2011, wherein the applicant was to submit details on how the premises referred to would be managed. The Committee gave consideration to the report submitted by the applicant. Thereafter, having heard a representative of the Housing Department, the Committee agreed that the variations be granted.

(h) HOUSES IN MULTIPLE OCCUPATION - UPDATE

Reference was made to Articles II(d) and II(e) of the minute of meeting of the Licensing Committee held on 30th June, 2011, wherein the Committee agreed to grant the applications listed below, but to request an update from the Private Sector Services Unit at the January 2012 meeting of the Committee.

In the case of Application Nos 1 to 3, the Committee noted that there were no matters which the Private Sector Services Unit required to bring to the attention of the Committee and that, as such, there was no further action required.

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) REQUEST FOR EXTENSION OF TIME TO WIND-UP ESTATE

It was reported that a request had been received from the Executor of the late Mr G S for an extension to the three month period to wind-up the estate.

There being no objections, the Committee agreed to grant the extension until 7th June, 2012.

(b) SKIN PIERCER AND TATTOOIST LICENCE - NEW APPLICATION

There was submitted an application by Ms B V for a Skin Piercing and Tattooist Licence. The Committee, having heard the Clerk and consideration of the advice of the Legal Officer, agreed that the application be declared incompetent and not be considered.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

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

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of Tayside Police, a representative on behalf of the applicant and the Clerk, the Committee agreed to grant a temporary licence, subject to the applicant submitting supporting information in relation to his unique tax reference number and that confirmation of such be reported to the Licensing Committee to be held in March 2012.

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

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant, the applicant on their own behalf and consideration of a letter of support which was tabled by the applicant, the Committee agreed to grant a temporary licence, subject to the applicant submitting supporting information in relation to his unique tax reference number and, thereafter, the completion of a medical examination, and confirmation of this be submitted to the Licensing Committee to be held in March 2012 at which time the prospective employers of the licence holder would be asked to attend.

(iii) Reference was made to Article III(a)(i) of the minute of meeting of the Licensing Committee held on 1st December, 2011, wherein the Committee agreed to grant a Temporary Taxi Driver's Licence to Mr D B, subject to the submission of information in relation to the unique tax reference number being submitted.

The Committee noted that the information requested had been submitted and agreed to grant the licence.

(iv) Reference was made to Article III(a)(ii) of the minute of meeting of the Licensing Committee held on 1st December, 2011, wherein the Committee agreed to grant a Temporary Taxi Driver's Licence to Mr S B, subject to receiving information in relation to the unique tax reference number being submitted.

The Committee noted that the information requested had been submitted and agreed to grant the licence.

(v) Reference was made to Article III(a)(iii) of the minute of meeting of the Licensing Committee held on 1st December, 2011, wherein the Committee agreed to grant a Temporary Taxi Driver's Licence to Mr R P, subject to receiving information in relation to the unique tax reference number being submitted.

The Committee noted that the information requested had been submitted and agreed to grant the licence.

(vi) Reference was made to Article III(a)(iv) of the minute of meeting of the Licensing Committee held on 1st December, 2011, wherein the Committee agreed to grant a Temporary Taxi Driver's Licence to Mr J W, subject to receiving information in relation to the unique tax reference number being submitted.

The Committee noted that the information requested had been submitted and agreed to grant the licence.

(d) TAXI OPERATOR'S - REQUEST FOR VARIATION

Reference was made to Article III(b) of the minute of meeting of the Licensing Committee held on 3rd November, 2011, wherein consideration of the request for a variation to a Taxi Operator's Licence held by Mr B M was deferred to allow OHSAS to submit a report. The Committee noted the content of the report submitted by OHSAS, and having noted that the licence holder would be required to attend a further occupational health assessment on 31st January, 2012 and after consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter would be deferred to the meeting of the Licensing Committee to be held on 1st March, 2012 to allow the completion of the medical assessment.

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article III(c)(i) of the minute of meeting of this Committee held on 1st December, 2011, wherein the Committee agreed to defer consideration of the hearing in relation to the alleged conduct of Mr L C during the currency of his Taxi Driver's Licence to await the outcome of the trial.

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

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, having heard the Legal Officer, agreed that consideration of the matter be deferred to the meeting of the Licensing Committee to be held on 2nd February, 2012 to allow the outcome of court proceedings.

(ii) Reference was made to Article III(c)(ii) of the minute of meeting of this Committee held on 3rd November, 2011, wherein the Committee agreed to defer consideration of the complaint received from the Chief Constable relevant to the alleged conduct of Mr T H during the currency of his Taxi Driver's Licence, and to allow the licence holder to be given an the opportunity to pay the outstanding monies in relation to a fixed penalty notice which had been accrued by the licence holder.

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 gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, and a first hand account from a witness to the substance of the complaint, and an agent on behalf of the licence holder, the Committee agreed that the complaint had been substantiated. There was also submitted a complaint by the Environmental Compliance Manager in relation to the alleged conduct of Mr T H during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the complaint. Thereafter, having heard from the Environmental Compliance Manager, an agent on behalf of the licence holder, and noting that payment in relation to the fixed penalty notice was outstanding, and consideration of the advice of the Legal Officer, the Committee agreed that the licence holder be required to make payment of the outstanding monies within 14 days, and that payment of such be notified to the next meeting of the Committee, and in relation to the complaint from the Chief Constable, the Taxi Driver's Licence held by Mr T H be suspended for a period of three months.

(iii) Reference was made to Article III(c)(iii) of the minute of meeting of this Committee held on 1st December, 2011, wherein consideration of the suitability of Mr D K to be the holder of a Taxi Driver's Licence was deferred to allow a report to be submitted by OHSAS. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, the Committee, having considered the advice of the Legal Officer, agreed to note that no further action was required.

(iv) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr B McL during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and that the Convener had agreed to use his delegated authority to defer consideration of the matter to the next meeting of the Committee.

(v) There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr D S during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard from the Environmental Compliance Manager, and receiving confirmation that the fixed penalty notice had now been paid in full, the Committee agreed to note that no further action was required.

(vi) Reference was made to Article III(c)(vii) of the minute of meeting of this Committee held on 1st December, 2011, wherein the Committee agreed to recall the immediate suspension of the Taxi Driver's Licence held by Mr S W and to defer consideration of the matter to allow the outcome of the court proceedings. The Committee noted that the Convener had agreed to use his delegated authority to further defer consideration of the matter until the meeting of the Committee to be held on 29th March, 2012, at which time, it was anticipated that Court proceedings would be finalised.

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

(i) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 5th December, 2011, wherein the Taxi Driver's Licence held by Mr M A was suspended with immediate effect.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M A during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee gave consideration to the content of the letters and, thereafter, having considered the advice of the Legal Officer, the Committee agreed to adjourn the hearings until a meeting of the Committee to be held on 29th March, 2012 to allow the outcome of court proceedings. The Committee noted that the Sheriff had recalled the immediate suspension of the Taxi Driver's Licence previously imposed by the Sub-Committee.

(ii) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr B A during the currency of his Taxi Drivers and Taxi Operator's Licences.

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 note that the complaint contained in the letter of information could not be substantiated at this time, and that no further action would be taken.

(iii) Reference was made to Article III(f) of the minute of meeting of this Committee held on 3rd November, 2011, wherein the Committee agreed to recall the immediate suspension of the Taxi Driver's Licence held by Mr A L, and to adjourn the hearing to allow the outcome of court proceedings.

There was submitted letters of information from the Chief Constable relevant to the alleged conduct of Mr A L during the currency of his Taxi Driver's and Taxi Operator's Licences. There was also submitted a letter of support on behalf of the Licence holder. The Committee gave consideration to the content of the letters. Thereafter, having heard an agent on behalf of the licence holder, the Committee agreed to note that no further action was required as confirmation had been obtained that the Procurator Fiscal would not be proceeding with the matter.

(g) TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

Reference was made to Article III(g) of the minute of meeting of this Committee held on 3rd November, 2011, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr J McG during the currency of his Taxi Operator's Licence to allow him to meet with the Finance Department to allow them to progress their investigation.

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Finance Department, the Committee agreed to note that no further action was required as the licence holder had co-operated with the investigation.

(h) WINDOW CLEANER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr S R for a Window Cleaner's Licence.

The Committee gave consideration of the content of a letter of representation which had been submitted by the Chief Constable relevant to this application. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders' Act and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done.

Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the application for a period of six months, subject to a report being submitted to the meeting of the Licensing Committee on the conduct of the licence holder over the period of the licence.

Roderick A J WALLACE, Convener.

APPENDIX I

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 29th 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 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 F A 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 F A be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr F A to be the holder of a Taxi Driver's Licence.

Roderick A J WALLACE, Convener.

APPENDIX II

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 5th December, 2011.

Present:-

Bailie Roderick A J WALLACE

Councillor David BOWES

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 tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr M A 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 M A be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr M A to be the holder of a Taxi Driver's Licence and that no action be taken in relation to the Taxi Operator's Licence held by Mr M A during the intervening period.

Roderick A J WALLACE, Convener.

APPENDIX III

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 15th December, 2011.

Present:-

Bailie Roderick A J WALLACE

Councillor Stewart HUNTER

Councillor Richard McCREADY

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 tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr D M 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 D M be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr D M 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 D M in the intervening period.

Roderick A J WALLACE, Convener.

APPENDIX IV

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 19th December, 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 G S 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 S be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr G S to be the holder of a Taxi Driver's Licence.

Roderick A J WALLACE, Convener.