Licensing Committee - 27/09/2012
At a MEETING of the LICENSING COMMITTEE held at Dundee on 27th September, 2012.
Present:-
COUNCILLORS
|
John ALEXANDER |
David BOWES |
Laurie BIDWELL |
|
Jimmy BLACK |
Stewart HUNTER |
Tom FERGUSON |
Councillor Stewart HUNTER, Convener, in the Chair.
The minute of meeting of this Committee of 6th September, 2012 was held as read.
Unless marked thus * all items stand delegated.
I DECLARATION OF INTEREST
There were no declarations of interest.
II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE
The minute of meeting of the Licensing Sub-Committee held on 6th September, 2012 was submitted for information and record purposes (Appendix 1).
III 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 LICENCE - NEW APPLICATION
|
No |
Name |
Address
|
|
1 |
Waqas Omar Ltd |
Gangee Takeaway, 164 Strathmartine Road |
METAL DEALER - NEW APPLICATION
|
No |
Name |
Address
|
|
1 |
Instant Cash Loans Ltd |
The Money Shop, 42 Reform Street |
PRIVATE HIRE DRIVER - NEW APPLICATION
|
No |
Name
|
|
1 |
Darren Norwell |
PRIVATE HIRE OPERATOR - NEW APPLICATION
|
No |
Name
|
|
1 |
Ross Halliday (Limo) |
SECOND HAND DEALER - NEW APPLICATION
|
No |
Name |
Address
|
|
1 |
Instant Cash Loans Ltd |
The Money Shop, 42 Reform Street |
TAXI DRIVER - NEW APPLICATIONS
|
No |
Name
|
|
|
1 |
Mark Leith |
|
|
2 |
Paul J Lunan |
|
|
3 |
Robert Mann |
|
|
4 |
Kenneth McDonald |
|
|
5 |
Mohammad O Shikari |
|
TAXI OPERATOR - NEW APPLICATIONS
|
No |
Name
|
|
|
1 |
Jonathan Fraser |
|
|
2 |
J R Taxis Dundee Ltd |
|
|
3 |
George S McLaren |
|
WINDOW CLEANER - NEW APPLICATION
|
No |
Name
|
|
|
1 |
Craig Cumming |
|
(b) LATE HOURS CATERING LICENCE - NEW APPLICATION
There was submitted the undernoted application:-
|
No |
Name |
Address of Premises
|
|
1 |
Jumbo Jumbo Ltd/K S Lee |
Jumbo Jumbo, 8 Panmure Street |
The Committee, having heard from the applicant on their own behalf, an officer from the Environment Department and the Legal Officer, agreed to grant the above application, subject to complying with Environmental Health requirements and limited to 2.30 am closing.
(c) METAL DEALER'S (ITINERANT) LICENCE - NEW APPLICATION
There was submitted the undernoted application:-
|
No |
Name
|
|
1 |
Stephen Kelbie |
The Committee noted that the above application had been withdrawn.
(d) SECOND HAND DEALER'S LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name
|
Address of Premises |
|
1 |
Daniel Khawar |
179 Albert Street |
|
2 |
Cihat Kilic |
67 High Street, Lochee |
In the case of Application No 1, the Committee, having noted that the applicant was not present and having heard from the Clerk and the Legal Officer, declared the application incompetent.
In the case of Application No 2, the Committee agreed to grant the application.
(e) STREET TRADER'S LICENCE - NEW APPLICATION
There was submitted the undernoted application:-
|
No |
Name
|
|
|
1 |
Iain MacKenzie |
|
The Committee noted that the above application had been withdrawn.
(f) TAXI OPERATOR'S LICENCE - NEW APPLICATION
The was submitted the undernoted application:-
|
No |
Name
|
|
|
1 |
Grant Hogg |
|
The Committee noted that the above application had been withdrawn.
(g) PRIVATE HIRE OPERATOR'S - REQUEST FOR VARIATIONS
There were submitted the undernoted applications:-
|
No |
Name
|
|
|
1 |
Lawrence Leith |
|
|
2 |
Graeme Smith |
|
|
3 |
Paul Young |
|
The Committee, having noted that none of the applicants were present and having heard from the Legal Officer, agreed to defer the above applications.
(h) WINDOW CLEANER'S LICENCE - NEW APPLICATION
There was submitted the undernoted application:-
|
No |
Name
|
|
|
1 |
Aaron Kay |
|
The Committee, having noted that the applicant was not present and having heard from the Legal Officer, declared the application incompetent.
(i) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
Person Responsible |
Address
|
|
1 |
Caledonia Housing Association |
Caledonia Housing Association/ Josephine McMahon
|
59 Magdalen Yard Road |
|
2 |
Galloway Property Holdings Ltd |
Corporate Residential Management Ltd/Keith White
|
C1, The Hub, 17 Hawkhill |
|
3 |
Galloway Property Holdings Ltd |
Corporate Residential Management Ltd/Keith White
|
C2, The Hub, 17 Hawkhill |
|
4 |
Allan J Hudson |
Corporate Residential Management Ltd/Keith White
|
C5, The Hub, 17 Hawkhill |
|
5 |
Michael C Ainslie |
Corporate Residential Management Ltd/Keith White
|
C8, The Hub, 17 Hawkhill |
|
6 |
Galloway Property Holdings Ltd |
Corporate Residential Management Ltd/Keith White
|
C9, The Hub, 17 Hawkhill |
|
7 |
Galloway Property Holdings Ltd |
Corporate Residential Management Ltd/Keith White
|
C10, The Hub, 17 Hawkhill |
|
8 |
Galloway Property Holdings Ltd |
Corporate Residential Management Ltd/Keith White
|
C13, The Hub, 17 Hawkhill |
|
9 |
Galloway Property Holdings Ltd |
Corporate Residential Management Ltd/Keith White
|
C14, The Hub, 17 Hawkhill |
|
10 |
Galloway Property Holdings Ltd |
Corporate Residential Management Ltd/Keith White
|
C15, The Hub, 17 Hawkhill |
|
11 |
Michael C Ainslie |
Corporate Residential Management Ltd/Keith White
|
C16, The Hub, 17 Hawkhill |
|
12 |
Galloway Property Holdings Ltd |
Corporate Residential Management Ltd/Keith White
|
C17, The Hub, 17 Hawkhill |
|
13 |
Richard Tiefenthaler |
Corporate Residential Management Ltd/Keith White
|
C20, The Hub, 17 Hawkhill |
|
14 |
Ann C and Graeme W Turnbull |
Ann C Turnbull |
43C Benvie Road |
In the case of Application No 1, the Committee, having heard from the applicant on their own behalf and from a representative of the Housing Department, agreed to grant the application.
In the case of Application Nos 2 to 13, the Committee, having heard from the Clerk and a representative of the Housing Department, agreed to grant the applications.
In the case of Application No 14, the Committee, having heard from an agent on behalf of the applicant and a representative of the Housing Department, agreed to grant the application.
The Committee agreed to defer the undernoted applications:-
|
No |
Name |
Address
|
|
15 |
Kerry E Adrian |
16A Taylor's Lane |
|
16 |
Jamie D Nisbet |
12C Taylor's Lane |
|
17 |
Amer N Kashif and Shazia Naveed |
2/R, 6 Garland Place |
|
18 |
Martin R and Louise T Kay |
8 Milnbank Gardens |
|
19 |
James D E Aspinall |
8B Arbroath Road |
|
20 |
Megan R Dear |
1/1, 2 Union Street |
|
21 |
Rademaker Family Trust |
G/1, 5 Morgan Place |
|
22 |
Jordan Dear |
1/R, 2 Union Street |
(j) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
Person Responsible |
Address
|
|
1 |
Amelia J L Kennedy |
John B Cape |
2/1, 19 Blackness Avenue
|
|
2 |
Deirdre L M McKean |
John B Cape |
2/2, 103 Magdalene Yard Road
|
|
3 |
Deirdre L M McKean |
John B Cape |
23 Larch Street |
In the case of Application No 1, the Committee, having heard from an agent on behalf of the applicant, a representative of the Housing Department and the Legal Officer, agreed to grant the application, subject to all necessary building certificates being obtained within six weeks.
In the case of Application No 2, the Committee, having heard from an agent on behalf of the applicant, an objector, a representative of the Housing Department and the Legal Officer, agreed to grant the application, subject to all necessary building certificates being obtained within six weeks.
In the case of Application No 3, the Committee, having heard from an agent on behalf of the applicant, a representative of the Housing Department and the Legal Officer, agreed to grant the application, subject to all necessary building certificates being obtained within six weeks.
(k) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS
There were submitted the undernoted applications:-
|
No |
Address |
Nature of Variation
|
|
1 |
14B Thomson Street |
To change the day to day manager to James Boyle.
|
|
2 |
2/2, 166 Perth Road |
To change the day to day manager to 2 Rent Me Property Ltd/Ritchie Hawkins.
|
|
3 |
1/R, 7 Blackness Avenue |
To change the day to day manager to Angus Glen Property Management/Lynn McIntosh.
|
|
4 |
4/1, 63 Gellatly Street |
To change the day to day manager to SGL Property Ltd/Aimi Lewis.
|
|
5 |
4/2, 63 Gellatly Street |
To change the day to day manager to SGL Property Ltd/Aimi Lewis.
|
|
6 |
Flat 6, Keiller Court 66 Horsewater Wynd |
To change the occupancy across a band width and to change the physical layout of the property.
|
|
7 |
Flat 2, Keiller Court, 66 Horsewater Wynd
|
To change the occupancy across a band width and to change the physical layout of the property. |
|
8 |
Flat 4, Keiller Court, 66 Horsewater Wynd |
To change the occupancy across a band width and to change the physical layout of the property.
|
In the case of Application No 1, the Committee, having heard from the applicant on their own behalf and from a representative of the Housing Department, agreed to grant the application.
In the case of Application Nos 2 to 5, there being no objections, the Committee agreed to grant the applications.
In the case of Application Nos 6 to 8, the Committee, having heard from an agent on behalf of the applicant and from a representative of the Housing Department, agreed to grant the applications.
(l) HOUSES IN MULTIPLE OCCUPATION - UPDATE
There was submitted the undernoted application:-
|
No |
Name |
Person Responsible |
Address
|
|
1 |
Giles D Floritt-Hill and Diane K Chrisholm |
Giles D Floritt-Hill and Diane K Chrisholm |
3/2, 63 Constitution Road |
Reference was made to Article II(e)(i) of the minute of meeting of this Committee of 1st March, 2012, wherein it was agreed to grant the application but to recall in September, 2012 with an update from the Private Sector Services Unit.
The Committee, having heard from the licence holder on their own behalf and from a representative of the Housing Department, agreed to take no further action.
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) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
(i) There was submitted an application by Mr D A G for a Taxi Drivers Licence.
The Committee, having heard from a representative on behalf of the applicant, the Chief Constable's representative and the Legal Officer, agreed to defer the above application for six weeks to allow for submission of the applicant's UTRN and Medical Certificate and for the Council to arrange a separate medical examination.
(ii) There was submitted an application by Mr S S for a Taxi Drivers Licence.
The Committee, having heard from a representative on behalf of the applicant, the Chief Constable's representative and the Legal Officer, the Convener, seconded by Councillor Black, moved approval of the application for six weeks to allow for submission of the applicant's UTRN and Medical Certificate.
As an amendment, Councillor Bidwell, seconded by Councillor Ferguson, moved refusal of the application.
On a division, there voted for the motion - the Convener and Councillors Bowes, Alexander and Black (4); and for the amendment - Councillors Bidwell and Ferguson (2) - whereupon the motion was declared carried.
(b) TAXI OPERATOR'S LICENCE - RENEWAL APPLICATIONS
Reference was made to Article VI(d)(i) of the minute of meeting of this Committee of 6th September, 2012, wherein the Committee agreed to defer consideration of the renewal application by Mr M L for a Taxi Operators Licence to allow the applicant and objector to both be in attendance.
The Committee, having noted that the objection had been withdrawn, agreed to grant the application.
(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING
(i) Reference was made to Article III(e)(ii) of the minute of meeting of this Committee of 29th March, 2012, wherein it was agreed to defer consideration of the hearing in relation to the conduct of Mr J A during the currency of his Taxi Drivers Licence to allow the outstanding money to be paid but to report back every six months.
The Committee, having heard from the Clerk, agreed to defer consideration of the hearing for a further six months.
(ii) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee of 16th August, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G McH during the currency of his Taxi Driver's Licence.
The Committee, having heard from the licence holder on their own behalf and the Chief Constable's representative, agreed to issue a verbal warning.
(iii) Reference was made to Article VI(g)(xi) of the minute of meeting of this Committee of 6th September, 2012, wherein it was agreed to defer consideration of the hearing relative to the conduct of Mr B McL during the currency of his Taxi Drivers Licence to await the outcome of criminal proceedings.
The Committee, having noted that the licence holder was not present and having heard from the Chief Constable's representative, agreed to adjourn the hearing to the meeting of this Committee on 1st November, 2012.
(iv) Reference was made to Article VI(g)(xii) of the minute of meeting of this Committee of 6th September, 2012, wherein it was agreed to defer consideration of the hearing in relation to the conduct of Mr M M during the currency of his Taxi Drivers Licence to await the outcome of criminal proceedings.
The Committee agreed to defer the hearing to the meeting of this Committee on 1st November, 2012.
(v) Reference was made to Article VI(g)(xiv) of the minute of meeting of this Committee of 6th September, 2012, wherein it was agreed to defer consideration of the hearing in relation to the conduct of Mr J R during the currency of his Taxi Drivers Licence to await the outcome of criminal proceedings.
The Committee agreed to defer the hearing to the meeting of this Committee of 1st November, 2012.
(d) TAXI DRIVER'S/PRIVATE HIRE OPERATOR'S LICENCE - SUSPENSION HEARING
Reference was made to Article I of the minute of meeting of the Licensing Sub-Committee of 29th March, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr T A during the currency of his Taxi Drivers Licence/Private Hire Operators Licence.
The Committee, having heard from the licence holder on his own behalf, the Chief Constable's representative and the Legal Officer, agreed to issue a written warning.
Stewart HUNTER, Convener.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 6th September, 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 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 Environmental Compliance Manager relative to the alleged conduct of Mr C L during the currency of his Taxi Driver's Licence. The Sub-Committee gave consideration to the content of the letter. Thereafter, the Sub-Committee agreed that a hearing be held in due course in relation to the suitability of Mr C L 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 D S during the currency of his Taxi Driver's Licence. The Sub‑Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the Sub-Committee agreed that a hearing be held in due course in relation to the suitability of Mr D S to be the holder of a Taxi Driver's Licence.
(b) TAXI OPERATOR'S LICENCE AND TAXI DRIVER'S LICENCE - REQUEST FOR HEARINGS
(i) There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr M W 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. Thereafter, the Sub-Committee agreed that a hearing be held in due course in relation to the suitability of Mr M W to be the holder of a Taxi Driver's Licence. No action would be taken in relation to the Taxi Operator's Licence held by Mr M W during the intervening period.
(ii) There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr N J 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. Thereafter, the Sub-Committee agreed that a hearing be held in due course in relation to the suitability of Mr N J to be the holder of a Taxi Driver's Licence. No action would be taken in relation to the Taxi Operator's Licence held by Mr N J during the intervening period.
Stewart HUNTER, Convener.