Licensing Committee - 29/03/2012

At a MEETING of the LICENSING COMMITTEE held at Dundee on 29th March, 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 1st March, 2012 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 1st March, 2012 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.

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATION

(b) FEES

It was reported that following an exercise carried out in conjunction with the Director of Finance, there would be no increase in fees for any licences, including HMO licences for 2012/2013.

The Committee noted accordingly.

(c) AUTHORISED OFFICER

The Committee agreed to authorise Alex Gittins, City Centre Ambassador, City Development Department in terms of Section 5 of the Civic Government (Scotland) Act 1982 to inspect documentation, as may be required, to carry out the provisions of the Act.

(d) CRIMINAL JUSTICE AND LICENSING (SCOTLAND) ACT 2010 - POTENTIAL LICENSING OF EVENTS WHICH ARE FREE TO ENTER

There was submitted Agenda Note AN53-2012 reporting that prior to the Criminal Justice and Licensing (Scotland) Act 2010, events only required a public entertainment licence if they were ones which the public had to pay to enter or participate in (and, even then, a licence was only required if the event was of a type listed by the local authority in a resolution). The 2010 Act removed the payment element, therefore, free events were now potentially licensable. Again, however, they would only need a licence if on the local authority's list. This would take effect from 1st April, 2012.

The list for Dundee was drawn up in 1984 and included such things as - ice rinks, circuses/carnivals, snooker/billiard halls and bowling alleys. It also covered any events taking place in schools or educational establishments, church halls, etc where the event was not part of the educational or religious activities. Any events taking place in premises already the subject of a liquor licence were also exempt.

Councils were looking at the lists in each of their areas and considering whether these should be changed in light of the potential inclusion of free events and, if so, which events should be included and which specifically excluded. The procedure for changing the list was rather protracted and involved the Licensing Committee publishing an amended resolution, advertising it for a month for public comment and then a further period of eight months had to pass before it took effect. Therefore, in common with other Councils, a pragmatic approach to deal with this issue in the interim was proposed.

The Committee agreed:-

(i) that the current list would only apply to paid events (and that free events would continue to be unlicensed) until a new resolution was drawn up and approved in accordance with the procedure outlined above;

(ii) to note that the rationale behind this was that the 1984 list was compiled when only paid events needed a licence and it was likely that it would have been worded differently if free events were to be covered; and

(iii) to note that it would be necessary to consult fully with the public and all interested parties as part of the procedure for drawing up a new resolution.

(e) SECOND HAND DEALERS 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 produce his Unique Tax Reference Number and having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(f) TAXI DRIVERS LICENCE - NEW APPLICATIONS

There were submitted undernoted applications.

In the case of Application Nos 1, 3, 4, 5 and 6, 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.

In the case of Application Nos 2 and 7, the Committee noted that these applications had been withdrawn from consideration by the applicants.

In the case of Application Nos 8 and 10, the Committee noted that the applicants had now produced their Unique Tax Reference Numbers and agreed that the applications be granted.

In the case of Application No 9, the Committee noted that the applicant had failed to produce their Unique Tax Reference Number. Thereafter, having heard the applicant on their own behalf, a representative on behalf of the applicant, and consideration of documentary evidence tabled in support of the applicant as to the status of their application to HMRC, and having considered the advice of the Clerk, the Committee agreed to grant a temporary licence for a period of six weeks and to defer consideration of the application to a future meeting of the Committee.

In the case of Application No 11, reference was made to Article II(c) of the minute of meeting of this Committee held on 1st March, 2012, wherein the Committee agreed to grant a temporary licence to allow the applicant to provide their Unique Tax Reference Number. The Committee noted that this document had now been submitted and agreed that the application be granted.

(g) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee gave consideration to a letter of objection which had been submitted by the Planning Department and a letter of representation which had been submitted by the Private Sector Services Manager. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed to grant the application, subject to planning approval being received and the submission of necessary documentation within six weeks for the approval of the Housing Department.

In the case of Application No 2, 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 3, 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 being received that a suitable day to day manager had been appointed.

In the case of Application No 4, the Committee, having heard a representative of the Housing Department, a representative on behalf of the applicant, and consideration of a letter of support tabled on behalf of the applicant, and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 7th June, 2012 to allow the day to day manager referred to to attend and for the variation to be submitted by the applicant to allow enquiries to be carried out by Tayside Police. In addition, the Committee requested that a report on the process of this application from the point of submission also be submitted to the Committee, for their information.

In the case of Application Nos 5 to 31, the Committee, having heard a representative of the Housing Department and agents on behalf of the applicants, agreed that the applications be granted.

In the case of Application Nos 32 and 34, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application No 33, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having considered the advice of Legal Officer, the Committee agreed that the application be granted.

In the case of Application Nos 35 and 36, the Committee, having heard a representative of the Housing Department and representatives on behalf of the applicant, agreed that the applications be granted.

In the case of Application Nos 37 and 38, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(h) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted requests for variation.

In the case of Application Nos 1 to 3, there being no objections, the Committee agreed that the applications be granted.

(i) HOUSES IN MULTIPLE OCCUPATION - UPDATE

Reference was made to Article II(c) of the minute of meeting of this Committee held on 29th September, 2011, wherein the Committee agreed to grant the variations to remove the day to day manager but to recall the applications in March, 2012 with an update from the Private Sector Services Unit.

In the case of the above licences, the Committee noted that there were no adverse observations from the Private Sector Services Unit and the Committee agreed that no further action be taken.

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 ANTI-SOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 - REGISTRATION OF CERTAIN LANDLORDS

(i) There was submitted an application by Mr I A for registration as a Private Landlord.

The Committee gave consideration to a memorandum which had been submitted by the Private Sector Services Manager relevant to this application.

Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(ii) There was submitted an application by Mr M A for registration as a Private Landlord.

The Committee gave consideration to a memorandum which had been submitted by the Private Sector Services Manager relevant to this application.

Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred until the meeting of this Committee to be held on 28th June, 2012.

(iii) Reference was made to Article IV(ii) of the minute of meeting of this Committee held on 1st March, 2012, wherein the Committee agreed to defer consideration of the registration to allow the applicant to attend.

There was submitted an application by Mr S B for registration as a Private Landlord.

The Committee gave consideration to the content of a memorandum which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and the representative of the Chief Constable, the Committee agreed that the application be granted.

(iv) There was submitted an application by Mr D H for registration as a Private Landlord.

The Committee gave consideration to the content of a memorandum which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

(v) There was submitted an application by Mr M H for registration as a Private Landlord.

The Committee noted that the applicant was not present and agreed that the application be considered in their absence. The Committee gave consideration to the content of a memorandum which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard the representative of the Housing Department, the Committee agreed that the application be granted.

(vi) There was submitted an application by Mr J F for registration as a Private Landlord.

The Committee gave consideration to a memorandum which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard a representative of the Housing Department and an agent on behalf of the applicant, the Committee agreed that the application be granted.

(vii) There was submitted an application by Mr F R for registration as a Private Landlord.

The Committee noted that the applicant was not present and agreed that the application be considered in their absence. The Committee gave consideration to the content of a memorandum which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard a representative of the Housing Department and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(viii) There was submitted an application by Mr A R for registration as a Private Landlord.

The Committee gave consideration of the content of a memorandum which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard a representative from the Housing Department and a representative on behalf of the applicant, the Committee agreed that the application be granted.

(ix) There was submitted an application by Mr G R for registration as a Private Landlord.

The Committee gave consideration to the content of a memorandum which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

(x) Reference was made to Article IV(iv) of the minute of meeting of this Committee held on 1st March, 2012, wherein the Committee agreed to defer consideration of the application to allow the applicant to attend.

There was submitted an application by Mr G R for registration as a Private Landlord.

The Committee gave consideration of the content of a memorandum which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SKIN PIERCING AND TATTOOIST'S LICENCE - NEW APPLICATION

Councillor Hunter declared a non-financial interest in this application by virtue of the company owned by one of the objectors being known to him in a personal capacity and left the Chamber prior to consideration of the application.

There was submitted an application by Mr A F for a Skin Piercing and Tattooist's Licence.

The Committee gave consideration to the content of a letter of representation which had been submitted on behalf of the Chief Constable relevant to this application, letters of objection which had been submitted by members of the public, and a letter of representation from the Environmental Health and Safety Manager. In addition, the Committee noted that the Planning Department had also confirmed that planning permission was not in place.

Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the Environmental Health Department, two of the objectors who were present, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(b) WINDOW CLEANER'S LICENCE - NEW APPLICATION

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

The Committee gave consideration to a letter of representation which had been submitted on behalf of 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. The Committee, having heard the age and nature of the convictions, agreed that they not be considered. Thereafter, having heard the representative of Tayside Police, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(c) TAXI DRIVERS LICENCE - RENEWAL APPLICATION

Reference was made to Article III(b)(ix) of the minute of meeting of this Committee held on 29th September, 2011, wherein the Committee agreed to grant the application by Mr J S for renewal of his Taxi Drivers Licence for a period of six months. The original letter of representation submitted on behalf of the Chief Constable relevant to this application was submitted. The Committee, having received confirmation from the representative of the Chief Constable that there were no observations and having heard from the applicant on their own behalf, agreed that the application be granted.

(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) Reference was made to Article III(a)(i) of the minute of meeting of this Committee held on 1st March, 2012, wherein the Committee agreed to grant a Temporary Taxi Driver's Licence to Mr G B to allow the applicant to provide their Unique Tax Reference Number. The original letter of representation submitted on behalf of the Chief Constable relevant to this application was submitted. The Committee, having received confirmation that relevant documentation had now been received, agreed that the application be granted.

(ii) Reference was made to Article III(a) of the minute of meeting of this Committee held on 1st March, 2012, wherein the Committee agreed to grant a temporary licence to Mr A G to allow him to provide his Unique Tax Reference Number.

There was submitted an application by Mr A G for a Taxi Driver's Licence.

The Committee noted the letter of representation submitted on behalf of the Chief Constable relevant to this application. The Committee noted that supporting information had now been received and agreed to grant the application.

(iii) Reference was made to Article III(b)(ii) of the minute of meeting of this Committee held on 12th January, 2012, wherein the Committee agreed to grant a temporary licence to Mr D M to allow the applicant to provide their Unique Tax Reference Number. The Committee, having received confirmation that relevant documentation had now been received, agreed that the application be granted.

(iv) Reference was made to the minute of meeting of this Committee of 12th January, 2012, wherein the Committee agreed to grant a temporary licence to Mr B McG to allow him to provide his Unique Tax Reference Number.

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

The Committee noted that supporting documentation had now been received.

(v) Reference was made to the minute of meeting of this Committee held on 1st March, 2012, wherein the Committee agreed to grant a temporary licence to Mr P R. The Committee, having received confirmation that appropriate supporting information had now been received, agreed to grant the application.

(vi) Reference was made to the minute of meeting of this Committee held on 1st March, 2012, wherein the Committee agreed to grant a temporary licence to Mr G W to allow the applicant to provide their Unique Tax Reference Number. Thereafter, having noted that the applicant had submitted their Unique Tax Reference Number to the satisfaction of the Licensing Department, the Committee agreed that the application be granted.

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article I(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 1st March, 2012, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr B A during the currency of his Taxi Driver's Licence.

Reference was also made to Article I(a)(iv) of the minute of meeting of the Licensing Sub-Committee held on 29th March, 2012, wherein it was agreed to hold a suspension hearing relevant to the alleged conduct of Mr B A during the currency of his Taxi Driver's Licence.

The Committee agreed to hold a joint suspension hearing in relation to both complaints in due course.

(ii) Reference was made to Article III(b)(ii) of the minute of meeting of this Committee held on 29th September, 2011, wherein it was agreed to adjourn consideration of the hearing in relation to the conduct of Mr J A during the currency of his Taxi Driver's Licence to allow the licence holder to pay the outstanding money as outlined in the letter from the Finance Department. The Committee agreed to further adjourn the hearing for six months.

(iii) There was submitted a letter of information from Tayside Police relevant to the conduct of Mr F 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the suspension be continued with immediate effect and that the hearing be adjourned to the meeting of this Committee to be held on 7th June, 2012.

(iv) There was submitted a letter of information from Tayside Police relevant to the conduct of Mr L C 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr L C be suspended for the unexpired portion of the licence.

(v) There was submitted a letter of information from Tayside Police relevant to the conduct of Mr S D 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the suspension hearing be adjourned to the meeting of this Committee to be held on 7th June, 2012.

(vi) There was submitted a letter of information from Tayside Police relevant to the conduct of Mr C D 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the suspension be continued with immediate effect and that a further hearing be held at the meeting of this Committee to be held on 7th June, 2012.

(vii) Reference was made to Article III(e)(ii) of the minute of meeting of this Committee held on 12th January, 2012, wherein consideration was given to the alleged conduct of Mr T H during the currency of his Taxi Driver's Licence.

Thereafter, having heard of the advice of the Legal Officer, the Committee agreed that the suspension hearing be continued until the meeting of this Committee to be held on 28th June, 2012 to allow the licence holder to pay the outstanding money relevant to the Fixed Penalty Notice.

(viii) There was submitted a letter of information from Tayside Police relevant to the 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 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 that the suspension be continued with immediate effect and that a further hearing be held on 7th June, 2012.

(ix) There was submitted a letter of information from Tayside Police relevant to the 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 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 that the suspension hearing be adjourned to the meeting of this Committee to be held on 7th June, 2012.

(x) There was submitted a letter of information from Tayside Police relevant to the conduct of Mr J R 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the suspension hearing be held on 7th June, 2012.

(xi) There was submitted a letter of information from Tayside Police relevant to the conduct of Mr S W 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the suspension hearing be held on 7th June, 2012.

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

(i) 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 and Taxi Operator's Licences.

Thereafter, the Committee gave consideration to the content of the letter and having heard the representative of the Chief Constable, the Committee agreed to adjourn the hearing until 28th June, 2012.

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

Thereafter, the Committee gave consideration to the content of the letter and having heard the representative of the Chief Constable, the Committee agreed that no further action be taken.

(g) TAXI OPERATOR'S LICENCE - REQUEST FOR VARIATION

Reference was made to Article III(c)(ii) of the minute of meeting of this Committee held on 1st March 2012, wherein the Committee agreed to defer consideration of the application by Mr B M for variation of his Taxi Operator's Licence to allow the Plant and Vehicle Officer to comment and to allow OHSAS to submit a report. The Committee noted that the report from OHSAS had now been submitted and that the agent for the applicant had requested that consideration of the matter be deferred to a future meeting of the Committee to allow them to secure independent medical advice in relation to the content of the report. The Committee, having heard the Legal Officer, agreed to defer consideration of the matter to a future meeting of the Committee.

Roderick A J WALLACE, Convener.

APPENDIX

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 1st March, 2012.

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 DRIVERS LICENCE - REQUEST FOR HEARINGS

(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 Drivers Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Environmental Compliance Manager. Thereafter, having heard the Environmental Compliance Manager, the Sub-Committee agreed that a suspension hearing be convened in due course in relation to the fitness of Mr T H to be the holder of a Taxi Drivers Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S 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, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a suspension hearing be convened in due course in relation to the fitness of Mr S D to be the holder of a Taxi Driver's Licence.

(iii) There was submitted a letter of information from a member of the public relative to the alleged conduct of Mr B 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 heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a suspension hearing be convened in due course in relation to the fitness of Mr B A to be the holder of a Taxi Driver's Licence.

Roderick A J WALLACE, Convener.