Licensing Committee - 02/02/2012

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd February, 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 12th January, 2012 was held as read.

Unless marked thus * all items stand delegated.

I DEPUTATION

It was reported that a deputation request had been received from the Dundee Hackney Association in relation to Article III(f) Advance Payment of Taxi Fares.

The Committee heard the deputation.

II MINUTES OF MEETINGS OF THE LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 12th January, 2012 and 23rd January, 2012 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

III 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

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) LATE HOURS CATERING - NEW APPLICATION

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

(c) TAXI OPERATOR - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation.

In the case of Application No 1, the Committee noted that this application had been withdrawn for consideration by the applicant.

In the case of Application No 2, there being no objections, the Committee agreed that the application be granted.

(d) STREET TRADER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of the above applications, the Committee, having heard the applicants and consideration of the advice of the Legal Officer, agreed that the applications be granted.

(e) TAXI DRIVERS LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

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

(f) ADVANCE PAYMENT OF TAXI FARES

There was submitted Agenda Note AN20-2012 advising that the Taxi Trade had requested that all taxi licence holders have their conditions of licence varied requiring a sign to be displayed in taxis advising customers that advance payment of fares would be required.

It was reported that the views of Tayside Police were sought and a copy of a letter dated 21st December, 2011 was submitted.

Reference was also made to discussions at the Taxi Liaison Group held on 17th January, 2012, where the Trade Representatives indicated that they would, as an alternative, accept the taxi fare card being amended to include the following wording:-

"At the discretion of the driver, you may be asked to pay a deposit to cover the fare in advance".

Following discussion of submissions, including a written submission from Dundee Taxi Association, and having heard the deputation, the Committee agreed that consideration of the matter be deferred to the meeting of the Committee to be held on 7th June, 2012 to allow further investigation.

(g) THE HOUSING (SCOTLAND) ACT 2006 PART 5 - HOUSES IN MULTIPLE OCCUPATION

There was submitted Report No 49-2012 by the Director of Housing informing of the changes to HMO Licensing as a result of the implementation of Part 5 of the Housing (Scotland) Act 2006 and to seek Committee's approval of the attached amended Guidance Notes and Standards for Shared Accommodation required as a result of revised Statutory Guidance issued by the Scottish Government under Section 163 of Part 5 of the Housing (Scotland) Act 2006.

The Committee agreed:-

(i) the attached Guidance Notes and Standards for Shared Accommodation;

(ii) the revised standard Licensing Conditions;

(iii) the refundable element of the licence fee to comply with the Provision of Services Regulations 2009;

(iv) to note the increased enforcement powers available to local authorities and the increased fines associated with enforcement action; and

(v) that the disposal of applications for temporary Exemption Orders be delegated to the Convener of the Licensing Committee in consultation with the Depute Chief Executive (Support Services).

(h) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee gave consideration to the contents of a letter of representation which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable, a representative of the Housing Department and an agent on behalf of the applicant, the Committee agreed that the application be granted.

In the case of Application No 2, reference was made to Article II(f) of the minute of meeting of this Committee held on 12th January, 2012, wherein consideration of the application was deferred to allow the applicant to appoint a suitable day to day manager. 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 3, the Committee agreed that consideration of this application be deferred to a future meeting of the Committee.

(i) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There was submitted the undernoted requests for variation.

In the case of Application Nos 1 and 2, there being no objections, the Committee agreed that the applications be granted.

(j) PRIVATE HIRE CAR LICENCE - REQUEST FOR VARIATION

There was submitted a request for variation by Brian Sharp to allow tinted windows. The Committee gave consideration to the submission and having considered the advice of the Legal Officer, agreed that the application 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.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REQUEST FOR EXTENSION OF TIME TO WIND-UP ESTATES

It was reported that a request had been received from the Director of the late J G for extension to the three month period. The Committee gave consideration to the request and having considered the advice of the Legal Officer, agreed to extend the three month period until the meeting of this Committee to be held on 31st May, 2012.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr G 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 the Chief Constable and a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed to grant a Temporary Licence until 1st March, 2012 and defer consideration of the application to allow supporting information in relation to the unique tax reference number and medical examination to be submitted.

There was submitted an application by Mr M M 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 the Chief Constable and a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed to grant a Temporary Licence until 1st March, 2012 and defer consideration of the application to allow supporting information in relation to the unique tax reference number and medical examination to be submitted.

There was submitted an application by Mr G 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 the Chief Constable and a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed to grant a Temporary Licence until 1st March, 2012 and defer consideration of the application to allow supporting information in relation to the unique tax reference number and medical examination to be submitted.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article III(e)(i) of the minute of meeting of this Committee held on 12th January, 2012, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr L C to allow the outcome of court proceedings.

The Committee noted that the licence holder was not present and having considered the advice of the Legal Officer, agreed to adjourn the hearing further until the meeting of this Committee to be held on 1st March, 2012 to allow the outcome of court proceedings.

(ii) Reference was made to Article III(e)(i) 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 C D during the currency of his Taxi Driver's Licence and further agreed to the immediate suspension of the Taxi Driver's Licence held by Mr C D in the intervening period to allow the outcome of the police investigation.

The Committee noted that the licence holder was not present and agreed that that the matter be considered in their absence. There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C D during the currency of his Taxi Driver's Licence.

The Committee, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, agreed to further adjourn the hearing until the meeting of this Committee to be held on 29th March, 2012, at which time it was anticipated that court proceedings would be finalised.

(iii) Reference was made to Article III(e)(iv) of the minute of meeting of this Committee held on 12th January, 2012, wherein the Committee agreed to adjourn the hearing to allow the outcome of court proceedings.

The Committee noted that the licence holder was not present and agreed that the application be considered in their absence. There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr B McL during the currency of his Taxi Driver's Licence. The Committee, having considered the advice of the Legal Officer, agreed to adjourn the hearing until the meeting of this Committee to be held on 7th June, 2012 to allow the outcome of court proceedings.

(d) TAXI DRIVER'S LICENCE - REQUEST FOR DISPENSATION

There was submitted Agenda Note AN21-2012 in relation to the suitability of Mr O to be the holder of a Taxi Driver's Licence. The Agenda Note outlined the background and medical examinations and advice which had been taken to date from OHSAS and a subsequent application from the licence holder for dispensation from the requirement to have annual assessments as recommended by OHSAS.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed to defer consideration of the matter to the meeting of this Committee to be held on 1st March, 2012.

Roderick A J WALLACE, Convener.

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

APPENDIX I

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 - REQUEST FOR HEARING

There was tabled a letter of information from a member of the public relative to the alleged conduct of Mr D A during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter submitted by a member of the public.

Thereafter, having given 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 D A to be the holder of a Taxi Driver's Licence.

Roderick A J WALLACE, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 23rd January, 2012.

APPENDIX II

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 N McK 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 N McK be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr N McK to be the holder of a Taxi Driver's Licence. No action would be taken in the intervening period in relation to the Taxi Operator's Licence held by Mr N McK.

Roderick A J WALLACE, Convener.