Licensing Committee - 06/09/2012

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th September, 2012.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 16th August, 2012 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 28th June, 2012, 4th July, 2012 and 16th August, 2012 were submitted and noted for information and record purposes. Copies of which are attached to this minute as Appendices I, II and III.

III MINUTES OF MEETINGS OF TAXI LIAISON GROUP

The minutes of meetings of the Taxi Liaison Group held on 22nd March, 2012 and 17th April, 2012 were submitted and noted for information and record purposes. Copies of which are attached to this minute as Appendices IV and V.

IV 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

METAL DEALER (ITINERANT) - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) CINEMA LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

The Committee noted that a request had been made to change the opening hours on a Sunday from 12 noon to 10.30 am. The Committee, having heard a representative on behalf of the applicant and consideration of the advice of the Clerk, and noting that there were no objections to the application, agreed that the application be granted.

(c) LATE HOURS CATERING LICENCE - NEW APPLICATION

Reference was made to Article II(b) of the minute of meeting of this Committee held on 28th June, 2012, wherein the undernoted application was deferred to allow the applicant to be in attendance.

The Committee noted that the application was for the premises to be open until 3.30 am on Mondays to Sundays. The Committee also noted that this application was outwith policy hours. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be granted in accordance with the hours specified in the policy.

(d) LATE HOURS CATERING LICENCE - REQUEST FOR VARIATION

There was submitted a letter from the undernoted applicant requesting variation to the hours of operation of their licence to allow the premises to be open until 5am Mondays to Sundays for home deliveries only.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk, the Committee agreed that the application be granted, subject to the condition that sales be limited to home deliveries only after the hours of 1am.

(e) STREET TRADER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

The Committee noted that the applicants were not present and agreed that the applications be considered in their absence. The Committee noted that the applicants had failed to produce their unique tax reference numbers. Thereafter, the Committee, having heard the Clerk, agreed that the applications be considered incompetent.

(f) STREET TRADER'S LICENCE - REQUEST FOR VARIATIONS

Reference was made to Article I(a) of the minute of meeting of this Committee held on 19th July, 2012, wherein the Committee refused the application for variation to allow the vehicle to be placed in the Broughty Ferry area as Mr Gibson had failed to attend.

The Committee noted that the applicant had re-applied to vary Conditions 9 and 10 to allow the vehicle to be placed in the Broughty Ferry area. 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 content of the original letters which had been submitted by the applicant and from the City Council in relation to this application. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to supporting documentation in relation to the lease and any necessary application for planning consent being submitted by the applicant to the satisfaction of the Licensing Office.

In the case of Application No 2, the Committee noted that a previous application to vary Conditions 9 and 10 to allow the vehicle to be sited in Barlow Avenue had been submitted. Planning had stated that planning permission had to be sought if a vehicle was to be placed in the same place for more than 20 calendar days in any year. The applicant had been made aware of this and indicated that she would try out the site for a period of one week before deciding to place the vehicle at the site on a permanent basis. Accordingly, a request for a variation had been received to vary the licence to allow the vehicle to be placed in Fowler Road instead of Barlow Avenue. The Committee gave consideration to the content of the request. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to conditions as stipulated in the previous grant.

(g) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 4, 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 a street test within the prescribed period, the Committee agreed that the applications be refused.

In the case of Application No 5, the Committee noted that the applicant had now submitted their unique tax reference number, and agreed that the application be granted.

In the case of Application No 6, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having noted that the applicant had failed to produce their unique tax reference number and having considered the advice of the Clerk, the Committee agreed that the application be considered incompetent.

(h) TAXI OPERATOR'S - REQUEST FOR VARIATION

Reference was made to Article II(f) of the minute of meeting of this Committee held on 28th June, 2012, wherein the Committee agreed to defer consideration of the application to allow consideration of the current tinted windows policy at the Taxi Liaison Group meeting.

The Committee gave consideration of the content of the original request for variation which had been submitted. The Committee also noted that there was no support for change to the existing policy at the Taxi Liaison Group. Thereafter, having heard the applicant on their own behalf, the Clerk, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the request be refused.

(i) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, Councillor Mohammed Asif declared a non-financial interest and left the Chamber during its consideration. Thereafter, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

In the case of Application No 2, Councillor Mohammed Asif entered the Chamber prior to its consideration. Thereafter, having heard a representative of the Housing Department and a representative on behalf of the applicant, the Committee agreed the application be granted.

In the case of Application No 3, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application Nos 4 to 9, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicants, agreed that the applications be granted.

In the case of Application No 10, the Committee noted that a Certificate of Compliance had now been received. Thereafter, having heard a representative of the Housing Department, the Committee agreed that the application be granted.

In the case of Application No 11, the Committee noted that the objector to the application was not present and agreed that the matter be considered in their absence. Councillor Tom Ferguson declared a non-financial interest in this application by virtue of the address being subject to consideration of an application at a meeting of the Local Review Body. Thereafter, the Committee gave consideration to the content of letters of objection which had been submitted by members of the public. 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.

In the case of Application No 12, the Committee noted that the objectors to the application were not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letters of objection which had been submitted by members of the public and a letter of support which had also been submitted by the applicant relevant to his 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.

In the case of Application No 13, reference was made to Article II(i) of the minute of meeting of this Committee held on 28th June, 2012, wherein consideration of the application was deferred to allow the applicant to be in attendance. The Committee, having heard a representative of the Housing Department and consideration of the advice of the Legal Officer, agreed that consideration of the application be deferred to the next meeting of the Committee.

In the case of Application No 14, the Committee noted with reference to Article II(i) of the minute of meeting of this Committee of 28th June, 2012 that all documentation had been received to the satisfaction of the Committee and the application had been granted.

In the case of Application No 15, reference was made to Article II(i) of the minute of meeting of this Committee held on 28th June, 2012, wherein the application was granted, subject to the condition that a suitable day to day manager be appointed. The applicant had submitted a letter requesting a variation to the condition. 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 variation be granted and that a progress report be submitted by the Housing Department to a meeting of the Committee in six months' time on the operation of the licence.

In the case of Application Nos 16 to 41, the Committee agreed that consideration of these applications be deferred to a future meeting.

(j) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There was submitted the undernoted application.

There was submitted a letter of objection from a member of the public relevant to this application. The Committee gave consideration to the content of the letter of objection. Thereafter, having heard the objector on their own behalf, an agent on behalf of the applicant and receiving confirmation that the objector had withdrawn their objection, the Committee agreed that the application be granted and that a report be submitted to the meeting of the Committee in six months' time on the operation of the licence.

(k) 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 to the applications being granted.

In the case of Application No 4, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Application Nos 5 to 13, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 14, the Committee, having heard a representative on behalf of the applicant and the applicant on their own behalf, agreed that the application be granted.

In the case of Application Nos 15 to 17, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 18, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

In the case of Application No 19, there being no objections, the Committee agreed that the application be granted.

In the case of Application No 20, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

(l) HOUSES IN MULTIPLE OCCUPATION - UPDATE

Reference was made to Article II(e) of the minute of meeting of this Committee held on 1st March, 2012, wherein the Committee agreed to grant the application and to recall it in September, 2012 with an update from the Private Sector Services Unit of the Housing Department. Thereafter, the Committee, having heard a representative of the Housing Department, 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.

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

Reference was made to Article III of the minute of meeting of this Committee held on 28th June, 2012, wherein consideration of this application was deferred to allow the property to be sold.

There was submitted an application by Mr M A for registration as a 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 the letter which had been submitted by the Private Sector Services Manager of the Housing Department relative 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 refused.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SECOND HAND DEALER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr J M for a Second Hand Dealer's Licence. The Committee gave consideration to the content of a letter of objection which had been submitted by a member of the public relevant to this application. Thereafter, having heard a representative on behalf of the objector, a representative on behalf of the applicant, consideration of the content of letters of support which had been submitted 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 that no cars pertinent to the business be parked on the street adjacent to the premises and that "no parking" signs be put in place to advise customers of this and that a report be submitted to a meeting of the Licensing Committee to be held in three months' time on the operation of the licence.

(b) SKIN PIERCING AND TATTOOING LICENCE - NEW APPLICATION

Reference was made to Article IV(c) of the minute of meeting of this Committee held on 28th June, 2012, wherein consideration of the application was deferred to allow for the circulation of additional information previously obtained by the Licensing Office.

There was submitted an application by Mr F D for a Skin Piercing and Tattooing Licence. The Committee gave consideration to the content of a letter of objection which had been submitted by a member of the public relevant to this application. Thereafter, having heard the objector, an agent on behalf of the applicant, the Environmental Health Officer, a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that the application be granted and that a report on the operation of the licence be submitted to a meeting of the Licensing Committee to be held in three months' time.

(c) ITINERANT METAL DEALER - NEW APPLICATION

Reference was made to Article VI(a) of the minute of meeting of this Committee held on 7th June, 2012, wherein consideration of the application was deferred to await the outcome of criminal proceedings.

There was submitted an application by Mr S S for an Itinerant Metal Dealer Licence. The Committee gave consideration to the content 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 and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(d) TAXI OPERATOR'S LICENCE - RENEWAL APPLICATIONS

Reference was made to Article IV(d)(iv) of the minute of meeting of this Committee held on 28th June, 2012, wherein consideration of the application was deferred to allow the applicant and the objector to be in attendance.

There was submitted an application by Mr M L for a Taxi Operator's Licence. The Committee noted that the applicant was not present and having heard the Clerk, agreed that consideration of the application be deferred to the next meeting of the Committee.

(e) TAXI BOOKING OFFICE LICENCE - RENEWAL APPLICATION

Reference was made to Article IV(e) of the minute of meeting of this Committee held on 28th June, 2012, wherein consideration of the application was deferred to allow the applicant to be in attendance.

There was submitted an application by Company B for a Taxi Booking Office Licence. The Committee noted that the application had been lodged after the last day for lodging applications for renewals. The Committee gave consideration to the content of the original letter of explanation from the applicant. Thereafter, having heard a representative on behalf of the applicant, the Committee agreed that the application for renewal be granted.

(f) REQUEST FOR EXTENSION OF TIME TO WIND-UP ESTATES - TAXI OPERATOR'S LICENCES

(i) There was submitted a request from an Executor of the late J G for extension to the three month period to wind-up the estate. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Clerk, the Committee agreed to extend the period until January, 2013.

(ii) There was submitted a request from an Executor of the late G S for an extension to the three month period. Thereafter, the Committee, having heard the applicant, agreed that the period of time be extended until January, 2013.

(g) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article I(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 28th June, 2012, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr J McG during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of a letter which had been submitted by the Environmental Compliance Manager relevant to the alleged conduct of Mr J McG during the currency of his Taxi Driver's Licence. Thereafter, having heard the Environmental Compliance Manager and the licence holder on their own behalf, the Committee agreed to adjourn the hearing until the meeting of the Licensing Committee held in December, 2012 to allow for payment of the Fixed Penalty Notices to be made.

(ii) Reference was made to Article I(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 28th June, 2012, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr W T during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of a letter of information which had been submitted by the Head of Revenues and Customer Services relevant to the alleged conduct of Mr W T 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 Clerk, and consideration of documentary evidence, and a representative of the Corporate Services Department, and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing to the December meeting of the Licensing Committee and requested that the licence holder attend OHSAS during the intervening period.

(iii) Reference was made to Article IV(g) of the minute of meeting of this Committee held on 28th June, 2012, wherein the Committee agreed to adjourn the hearing to allow for Court proceedings to be finalised. 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 Licence. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the applicant, the licence holder on their own behalf, consideration of the advice of the Legal Officer and consideration of a letter of support on behalf of the licence holder, the Committee agreed to adjourn the hearing to the 7th March, 2013.

(iv) Reference was made to Article I(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 28th June, 2012, wherein it was agreed to hold a suspension hearing relative to the alleged conduct of Mr A A during the currency of their Taxi Driver's Licence. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A A during the currency of his Taxi Driver's Licence. The Committee, having heard the Clerk, agreed that the hearing be adjourned to a future date.

(v) Reference was made to Article IV(e)(i) of the minute of meeting of this Committee held on 7th June, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr F A during the currency of his Taxi Driver's Licence to await the outcome of Court proceedings and to continue with the immediate suspension of the Taxi Driver's Licence held by Mr F A during the intervening period.

The Committee gave consideration to the content of a letter of information from the Chief Constable relevant to the alleged conduct of Mr F A during the currency of his Taxi Driver's Licence.

The Committee, having heard the Legal Officer, agreed to adjourn the hearing until a meeting of this Committee held in December, 2012 and to continue the suspension of the Taxi Driver's Licence held by Mr F A with immediate effect during the intervening period.

(vi) Reference was made to Article IV(e)(ii) of the minute of meeting of the Licensing Committee held on 29th March, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr S D during the currency of his Taxi Driver's Licence.

The Committee gave consideration of the content of a letter of information from the Chief Constable relevant to the alleged conduct of Mr S D during the currency of his Taxi Driver's Licence. Thereafter, having heard a representative of Tayside Police, a representative on behalf the licence holder, the licence holder on their own behalf and consideration of documentary evidence received from the Procurator Fiscal's Office, the Committee agreed that no further action be taken and that a written warning be issued to the licence holder as to their future conduct and that a report be submitted to a meeting of the Licensing Committee in six months' time on the operation of the licence held by the licence holder.

(vii) Reference was made to Article VI(e)(ii) of the minute of meeting of this Committee held on 7th June, 2012, wherein the Committee agreed to adjourn consideration of the hearing and to continue with the suspension of the Taxi Driver's Licence held by Mr C D during the intervening period. 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 submitted by the Chief Constable relevant to the alleged conduct of Mr C D during his Taxi Driver's Licence. Thereafter, having heard a representative of the Chief Constable, the Committee agreed to suspend the Taxi Driver's Licence held by Mr C D with immediate effect for the unexpired portion of the licence.

(viii) Reference was made to Article IV(f)(i) of the minute of meeting of this Committee held on 28th June, 2012, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr C D during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings.

Reference was also made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee when the Sub-Committee agreed to hold a hearing in relation to the further alleged conduct of Mr C D during the currency of his Taxi Driver's Licence. The Committee gave consideration of the content of both letter of information submitted by the Chief Constable relevant to the alleged 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 to continue the suspension of the Taxi Driver's Licence held by Mr C D with immediate effect, and to further adjourn the hearing in relation to both matters to a meeting of the Licensing Committee to be held in December, 2012.

(ix) Reference was made to Article III(d)(i) of the minute of meeting of this Committee held on 1st March, 2012, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M F during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings. The Committee gave consideration to the letter of information which had been submitted by the Chief Constable relevant to the alleged conduct of Mr M F during the currency of his Taxi Driver's Licence. Thereafter, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held in December, 2012.

(x) Reference was made to Article I(b) of the minute of meeting of the Licensing Sub‑Committee held on 7th June, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Ms S G during the currency of her Taxi Driver's Licence.

The Committee gave consideration to the content of a letter of information which had been submitted by the Chief Constable relevant to the alleged conduct of Ms S G during the currency of her Taxi Driver's Licence.

The Committee agreed to adjourn the hearing until the meeting of this Committee to be held in December, 2012.

(xi) Reference was made to Article IV(e)(ix) of the minute of meeting of this Committee held on 29th March, 2012, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr B McL during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings. The Committee gave consideration to the content of a letter of information which had been submitted by the Chief Constable relevant to the alleged conduct of Mr B McL during the currency of his Taxi Driver's Licence.

The Committee agreed to adjourn consideration of the hearing to a meeting of this Committee to be held on 27th September, 2012.

(xii) Reference was made to Article VI(e)(v) of the minute of meeting of this Committee held on 7th June, 2012, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr M M during the currency of his Taxi Driver's Licence to allow the licence holder to be in attendance. Reference was also made to Article I(b)(iv) of the minute of meeting of the Licensing Sub-Committee held on 28th June, 2012, wherein it was agreed to adjourn consideration of the hearing to allow the further matter submitted by the Chief Constable in relation to the alleged conduct of Mr M M during the currency of his Taxi Driver's Licence to be considered.

The Committee agreed that consideration of the hearing be deferred to the meeting of this Committee to be held on 27th September, 2012.

(xiii) Reference was made to Article I(d)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 7th June, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D P during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of a letter of information which had been submitted by the Chief Constable relevant to the alleged conduct of Mr D P during the currency of his Taxi Driver's Licence. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Clerk, the Committee agreed that no further action be taken and that the licence holder be issued with a warning as to their future conduct.

(xiv) Reference was made to Article IV(d)(x) of the minute of meeting of this Committee held on 29th March, 2012, wherein the hearing in relation to the alleged conduct of Mr J R during the currency of his Taxi Driver's Licence was adjourned to allow the outcome of criminal proceedings. The Committee gave consideration to the content of a letter of information which had been submitted by the Chief Constable relevant to the alleged conduct of Mr J R during the currency of his Taxi Driver's Licence.

The Committee agreed that the hearing be adjourned until the meeting of this Committee to be held on 27th September, 2012.

(xv) Reference was made to Article I(d)(i) of the minute of meeting of the Licensing Sub‑Committee held on 7th June, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J R during the currency of his Taxi Driver's Licence.

The Committee gave consideration of the content of the letter which had been submitted by the Chief Constable relevant to the alleged conduct of Mr J R during the currency of his Taxi Driver's Licence. Thereafter, having heard a representative of the Chief Constable and the licence holder on their own behalf, the Committee agreed that no further action be taken and the licence holder be issued with a written warning as to their future conduct.

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

(i) Reference to Article I(c)(i) of the minute of meeting of the Licensing Sub-Committee held on 28th June, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G G during the currency of their 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 G G during the currency of his Taxi Driver's Licence and Taxi Operator's Licence. The Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr G G during the currency of his Taxi Driver's Licence and Taxi Operator's Licence until a meeting of this Committee to be held in November, 2012.

(ii) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 28th June, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr S McI during the currency of his Taxi Driver's Licence and Taxi Operator's Licence.

The Committee gave consideration of the content of a letter which had been submitted by the Environmental Compliance Manager relevant to the alleged conduct of Mr S McI during the currency of his Taxi Driver's Licence.

Thereafter, having heard the Environmental Compliance Manager and the licence holder on their own behalf, the Committee agreed that no further action be taken and that the licence holder be given a verbal warning as to their future conduct.

(i) WINDOW CLEANER'S LICENCE - NEW APPLICATION

Reference was made to Article III(h) of the minute of meeting of this Committee held on 12th January, 2012, wherein it was agreed to grant an application by Mr S R for a Window Cleaner's Licence for six months.

There was submitted the original letter of representation from the Chief Constable relevant to the application. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Clerk and a representative on behalf of the Chief Constable, the Committee agreed that no further action be taken and that an application be granted for the full period of the licence.

(j) WINDOW CLEANER'S LICENCE - SUSPENSION HEARING

Reference was made to Article I(c) of the minute of meeting of this Committee held on 19th July, 2012, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr G MacF during the currency of his Window Cleaner's Licence and to continue the immediate suspension of the Window Cleaner's Licence held by Mr G MacF during the intervening period.

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 G MacF during the currency of his Window Cleaner's Licence. Thereafter, having heard the Clerk and a representative of the Chief Constable, the Committee agreed to adjourn the hearing to a future meeting of the Committee and to continue the suspension of the Window Cleaner's Licence held by Mr G MacF with immediate effect during the intervening period.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 28th June, 2012.

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Dave BOWES

Councillor Tom FERGUSON

Councillor Stewart HUNTER, 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 AND TAXI DRIVER'S LICENCE - REQUEST FOR HEARING

There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr S McI during the currency of his Taxi Operator's Licence and 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 S McI to be the holder of a Taxi Operator's Licence and Taxi Driver's Licence.

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

(i) There was submitted a letter of information from the Head of Revenues and Customer Services relative to the alleged conduct of Mr W T during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Head of Revenues and Customer Services. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr W T to be the holder of a Taxi Driver's Licence.

(ii) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr J McG 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 suspension hearing be convened in due course in relation to the fitness of Mr J McG to be the holder of a Taxi Driver's Licence.

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A 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 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 A A 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.

(iv) There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr M 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 a hearing be convened in due course in relation to the fitness of Mr M M to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 4th July, 2012.

APPENDIX II

Present:-

Councillor Stewart HUNTER

Councillor Craig MELVILLE

Councillor Mohammed ASIF

Councillor Stewart HUNTER, 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) WINDOW CLEANER'S LICENCE - REQUEST FOR SUSPENSION

There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr G McF during the currency of his Window Cleaner'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 Window Cleaner's Licence held by Mr G McF be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr G McF to be the holder of a Window Cleaner's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 16th August, 2012.

APPENDIX III

Present:-

Councillor Stewart HUNTER

Lord Provost Bob DUNCAN

Councillor Tom FERGUSON

Councillor Stewart HUNTER, 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 DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - REQUEST FOR HEARINGS

(i) 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 Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr C D to be the holder of a Taxi Driver's Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G McH 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 G McH to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 22nd March, 2012.

APPENDIX IV

Present:-

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

Stuart GALLOWAY, Principal General Services Officer, Support Services Department

Brian WOODCOCK, Senior Solicitor, Licensing, Support Services Department

Neil GELLATLY, City Development Department

Mark DEVINE, City Development Department

TAXI TRADE REPRESENTATIVES

Steve CASHLEY, Dundee 505050

Erik THORESEN, Dundee Hackney Association

David YOUNG, Dundee Private Hire (203020) Ltd

Graeme STEPHEN, Dundee Taxi Association

Doug MARTIN, Tay Taxis

John CURRAN, Tele Taxis

Chris ELDER, Unite the Union

TAYSIDE POLICE REPRESENTATIVES

Cammy FORBES (Constable)

Neil CRUICKSHANK (Constable)

Also in attendance:-

Dave LINDSAY, City Development Department

Ian McCANDLESS, Environment Department

Keith GIBBESON, Radical Shock Ltd

Stuart GALLOWAY, in the Chair.

I MINUTE OF MEETING OF 17TH JANUARY, 2012

The minute of meeting held on 17th January, 2012 was submitted and approved, subject to amendment to Article II(b) to reflect that it was agreed that there would be no change to evening tariff start time of 10pm.

II DUNDEE CITY COUNCIL

Items on agenda at request of Dundee City Council.

(a) ADVANCE PAYMENT OF FARES

Ricky Spencer and James Harris, representatives of PAY & GO Taxis Ltd, gave a joint presentation on a product, which had been launched, which provided an alternative to traditional fare paying by giving the Taxi Driver the option of being paid at the beginning of a journey rather than at the end.

It was explained that the system worked as a coin feeder machine registering the credit the customer had bought. The read out on the system allowed the customer to see the distance covered by initial payment. A secondary read out for the cab driver indicated to the driver when a distance credit matched the fee amount initially provided or providing the option for passengers to purchase another credit to allow further travel. Change could be provided in the normal manner.

It was reported that the system was easy to install and simple to operate by both the driver and passenger. The company marketing the system had created it initially to combat attacks on taxi drivers and the security of the system was highlighted. The machine could also identify and reject foreign and counterfeit money. The safe unit was secured onto a bracket that was bolted onto the bulkhead of a taxi. Testimonial evidence of the benefits of the system were highlighted by those taxi drivers who had installed the system. Costs of purchase and operational maintenance associated with the equipment were explained to the membership of the Group.

Keith Gibbeson of Radical Shock Ltd explained the role of his company in marketing the product.

The Group noted that a final decision on a pay as you go proposal, which was suggested previously, had been deferred at the Licensing Committee meeting in February, 2012, to allow further investigation. However, it was noted that operators did not require Council approval for any prepayment arrangement should they wish to consider buying into the product as presented.

(b) TAXI FARES

There was submitted a draft report by the Head of Transportation, making reference to the meeting of the Licensing Committee held on 4th November, 2010, wherein officers were instructed to review and consider simplification of the taxi fare structure and proposed taxi fare increase methodology. Following the taxi fare scale appeal hearing held in the City Chambers on 29th March, 2011, and the subsequent determination by the Traffic Commissioner, it was now appropriate to revisit the review of the methodology. The report outlined a fares increase methodology, which had been agreed by the Trade.

Following discussion on the fares methodology, the Group agreed that future fare increases be in line with the RPI Index and that they be implemented in tandem to price increases at the taxi testing station.

(c) TAXI RANKS

Stuart Galloway reported as follows:-

(i) Nethergate Rank

It was highlighted that there continued to be difficulties encountered with inappropriate use of the area surrounding the Nethergate Rank by taxi drivers and that complaints received in this respect may generate suspension hearings at meetings of the Licensing Committee.

(ii) Meadowside

It was hoped to provide new signage for this area through funding allocation from the Scottish Government.

(iii) Cathedral Area

City Development Department representatives would meet with representatives of the Cathedral to investigate the possibility of the use of this area by taxi drivers for ranking purposes limited to evenings only.

(iv) G Casino

It was reported that discussions were ongoing in relation to possible remedies to the ranking or required ranking situation at the G Casino.

Possible solutions for the area outside G Casino were suggested to representatives of City Development such as implementation of a similar system to that operated outside of Mennies on the Perth Road and also that Lidl's be approached in relation to the possible use of their car parking area out of hours of their operation and, in particular, during the night as a rank for taxis which may further alleviate any traffic concerns within the vicinity of the G Casino. City Development representatives indicated that they would be happy to look at this and consider any other proposals which the members of the Group had to put to them.

In the meantime, an area within South Ward Road had been identified which would provide an additional 24 capacity taxi space in the evening and, in addition to this, an area just off Courthouse Square had been identified which would also provide five or six places for taxis in the evening. Both of these proposals were agreeable to the Group for further investigation and implementation prior to any final solution being achieved for the area surrounding G Casino.

City Development would also organise a working group to look at possible rank spaces around the whole city in general.

III DUNDEE TAXI ASSOCIATION

Items on agenda at request of Dundee Taxi Association.

(a) CONDITION OF ROADS IN DUNDEE

It was highlighted that there were a number of concerns from taxi drivers in relation to repairs required to their cars which may have been incurred due to the perceived condition of roads within Dundee and in this respect, Neil Gellatly highlighted that a representative of Roads Maintenance Partnership would be requested to come along to a future meeting of the Group to address their concerns.

(b) DRIVER AND OPERATOR SUSPENSIONS

It was highlighted that there was a request from within the Trade for people who had been suspended to be made known to them in the interests of continued public safety and to provide further assurance that periods of suspensions were adhered to.

Stuart Galloway advised of the process currently in place, which involved contact with the office for which the licence holder worked from or their employer. The Group were reminded, however, that it was for the operator to be certain of the legitimacy of any driver(s) employed by them to ensure that they were properly licensed for the purpose of the operation that they were carrying out and this included checking the possession of or validity of their licence badge. In effect, it was recognised that there was an element of self-regulation from within the Trade. It was indicated, however, that Mr Galloway would be happy to notify all offices within Dundee, Unite the Union and Dundee Taxi Association of any immediate suspension of licence imposed by the City Council.

(c) LOCHEE HIGH STREET - DIFFICULTIES

It was highlighted that difficulties had been experienced in Lochee High Street in relation to the practical use of wheelchair passengers exiting and entering taxis and requested that traffic wardens be advised of these difficulties in the interest of good relations between the Trade and City Development Department. In this respect, it was highlighted that Dave McDougall was leading the regeneration of Lochee and that the Trade should contact him in this respect.

IV UNITE THE UNION

Items on agenda at request of Unite the Union.

(a) TRAINING

It was highlighted that discussions had taken place with the Union, South Ayrshire, SVQ, Glasgow, Edinburgh and Aberdeen and that they were considering SVQs for taxi drivers which would involve two hours a week for a period of eight weeks and covered a wide range of taxiing which it was considered would free up time of Cabs Enforcement Officers who were currently involved in providing similar training. The Group agreed that the organisation operating the qualification should be advised to contact the Licensing Department to provide them with further information in this respect and in the meantime, the taxi test would remain in the same format as it was currently.

(b) FARE SURCHARGE

It was highlighted that there was a wish by drivers working from offices to apply a surcharge of 50p whenever they received a job from the office and that such a measure be included within the fare structure. It had been suggested that 90% of drivers spoken to had agreed to this. This concern had arisen on the basis that many of the jobs or the highest percentage of jobs received by taxi drivers came from an office and perhaps involved the cover of some distance before reaching the location of the pick-up point, which in effect incurred, in some instances, a great deal of costs to the taxi driver in advance of any fare being secured.

(c) TAXI OFFICE - LOCATIONS TO OPERATE

In reply to the question of locations within Dundee where it would be appropriate to operate a taxi office, the Group were advised that they should contact City Development Department in the first instance.

(d) SALE OF TAXI - RE-ENTRY INTO SERVICE FOLLOWING SALE

In reply to a question from Trade members in relation to the sale of any vehicle operated as a taxi by any operator, which had time left on it prior to retest if, the purchaser could then put it back in service for the unexpired duration Stuart Galloway and Ian McCandless both advised that the vehicle would be subject to retest upon sale and re-entry into service irrespective of any timescale left remaining until retest whether it was a private hire or a taxi.

V DUNDEE 505050 LIMITED

Items on agenda at request of Dundee 505050 Limited.

(a) DIGITAL METERS

It was highlighted there was a wish for the Council to look at the possibility of using Digital Meters as it was envisaged that benefits of such an operation would reduce the requirement for a re-testing fee. The Group noted that there would be a requirement to receive confirmation that such a system was not open to manipulation by a third party other than Council or Police and that further information on the system should be submitted to the Licensing Department for consideration in the first instance.

VI DUNDEE HACKNEY ASSOCIATION

Items on agenda at request of Dundee Hackney Association.

(a) OVER-RANKING, CONGESTION AND POLLUTION

It was highlighted that there was perceived concern about the number of vehicles coming into service and, in reply, it was highlighted that this topic was covered within the report on policy on Taxi Licences submitted to meeting of the Licensing Committee held on 20th December, 2011 which had previously been discussed by the meeting of the Taxi Liaison Group.

(b) TAXI POLICY REPORT

The Group noted that the recommendations of the Taxi Policy Report submitted and agreed at meeting of Licensing Committee held on 20th December, 2011 were being progressed.

(c) EQUALITY AND DISCRIMINATION

The Group noted that equality and discrimination issues were being progressed as part of the recommendations of the Taxi Policy Report referred to above.

(d) COSTS OF WHEELCHAIR ACCESSIBLE VEHICLES AND SALOON CARS

It was highlighted that following the outcome of public consultation, the Committee had agreed to examine the possibility of operating a mixed fleet within Dundee and that the Licence Department would welcome any information from officers on request for types of vehicles to be considered for inclusion within the fleet make up.

It was the opinion of representatives of the Trade that many of the people who requested wheelchair vehicles were for the purpose of transporting a child in a buggy. There was discussion in relation to the proper securing of such a buggy within a vehicle and that the child should not be transported in the buggy over the duration of the journey and that legislation allowed for children up to a certain age to be transported seated on the lap of the accompanying adult. It was recognised that there were some conflicting views and it was agreed that information to this effect be considered for inclusion within the conditions for taxi operators and taxi drivers and that a report to this effect be submitted to the meeting of the Licensing Committee to be held in June, 2012.

(e) TAXI TEST CENTRE/CABS ENFORCEMENT UNIT

It was highlighted that the Taxi Testing Centre and the Cabs Enforcement Unit would be relocated to Marchbanks by the end of the year.

(f) TYRE TREADS

Question was raised in relation to requirement for similar tread to be on all tyres of the vehicle and whether or not it was possible to mix treads on the basis that similar treaded tyres would be on the same axle which would be of assistance to members of the Trade in relation to winter operation of vehicles.

The Group noted that the Plant and Vehicle Officer was examining this and it would be the subject of a further report and discussion at a future meeting of the Group. In the meantime, it was highlighted that any temporary repair made to a tyre would be a potential failure should that vehicle be submitted to the Testing Centre for test.

Stuart GALLOWAY, Chair.

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 17th April, 2012.

APPENDIX V

Present:-

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

Stuart GALLOWAY, Principal General Services Officer, Corporate Services Department

Brian WOODCOCK, Senior Solicitor, (Licensing), Corporate Services Department

Neil GELLATLY, City Development Department

Mark DEVINE, City Development Department

TAXI TRADE REPRESENTATIVES

Steve CASHLEY, Dundee 505050

Erik THORESEN, Dundee Hackney Association

Graeme STEPHEN, Dundee Taxi Association

Doug MARTIN, Tay Taxis

John CURRAN, Tele Taxis

Chris ELDER, Unite the Union

Stuart GALLOWAY, in the Chair.

I TAXI FARES - PROPOSED SIMPLIFICATION OF TAXI FARE STRUCTURE AND ANNUAL TAXI FARE INCREASE METHODOLOGY

Reference was made to Article II(b) of the minute of meeting of this Group held on 22nd March, 2012, wherein the report proposing simplification of taxi fare structure and annual taxi fare increase methodology was considered and recommendations were proposed. The Chair advised the Group that following consultation between the City Development Department and taxi meter companies, it had been realised that aspects of the recommendations in relation to fractional increases were not compatible with technical configurations of the meters and, in this respect, the report by the Head of Transportation had been referred back to the Group for further consideration.

There was submitted the original report by the Head of Transportation on the proposed simplification of taxi fare structure and annual taxi fare increase methodology. There was also tabled for consideration of the Group, figures on possible fare calculations for adoption in the City of Dundee by Dundee Taxi Association. Thereafter, having heard the Chair, the Head of Transportation in supplement to the report, and a representative of Dundee Taxi Association, in supplement to their submission, and consideration of the views of the Group and other Officers the Group, agreed to the amendment to relevant paragraphs of the report in light of the outcome of discussion and the common agreement to the proposals contained within the submission by the Dundee Taxi Association. The Group noted that the amended report would be submitted to the meeting of the Licensing Committee to be held on Monday, 23rd April, 2012.

Stuart GALLOWAY, Chair.