Licensing Committee - 01/11/2012

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

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 23rd October, 2012 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 27th September, 2012 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

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 - NEW APPLICATIONS

SECOND HAND DEALERS

STREET TRADER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATIONS

(b)                   LICENCE FEES - COSTS OF INSPECTION BY VETS

There was submitted Agenda Note AN185-2012 reporting that the fees for licences under the Pet Animals Act 1951 and the Riding Establishments Act 1964 were currently set at 60 and 75 respectively. Part of the process was an inspection by a vet, the cost of which had traditionally been met by the Council from general fee income. The income from fees did not cover the vet fees.

The Committee agreed that with effect from the renewals due in December, 2012, in addition to the annual application fee, licence holders be charged for the actual vet fees incurred for their particular premises and that existing licence holders be advised accordingly.

(c) PRIVATE HIRE OPERATOR'S - REQUEST FOR VARIATIONS

There were submitted the undernoted applications:-

In the case of Application No 1, reference was made to Article III(g) of the minute of meeting of this Committee held on 27th September, 2012, wherein consideration of the application was deferred to allow the applicant to be present. There was submitted a request for variation to Condition 10. There was also submitted photographic documentation in support of the application. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer and the Clerk, the Committee agreed that the application be refused.

In the case of Application No 2, reference was made to Article III(g) of the minute of meeting of this Committee held on 27th September, 2012, wherein the application was deferred to allow the applicant to be present. There was submitted an application for variation to Condition 10 of the Private Hire Operator's Licence. There was also submitted photographic documentation in support of the application. Thereafter, having heard the applicant on their own behalf, consideration of the advice of the Legal Officer and the Clerk, the Committee agreed that the application be refused.

In the case of Application No 3, reference was made to Article III(g) of the minute of meeting of this Committee held on 27th September, 2012, wherein the application was deferred to allow the applicant to be present. There was submitted an application for a variation to Condition 10 of the Private Hire Operator's Licence. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Legal Officer and the Clerk, the Committee agreed that the application be refused.

In the case of Application No 4, the Committee noted that a request for variation had been submitted to allow the vehicle to be operated as a special events vehicle. The Committee gave consideration to the content of the letter of application. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the variation be granted, subject to any proposed artwork to be placed on the vehicle being submitted to the Licensing Department for their approval.

(d) SECOND HAND DEALER'S LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee gave consideration to the content of the application. Thereafter, having heard a representative on behalf of the applicant and noting there were no objections from the Chief Constable, the Committee agreed that the application be granted.

(e) SKIN PIERCING AND TATTOOING LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 2 and 3, the Committee noted that the applicants were not present and, again, the matter be considered in their absence. Thereafter, having noted that the applicants had failed to produce the Unique Tax Reference Numbers and having considered the advice of the Legal Officer, the Committee agreed that the applications be considered incompetent.

(f) STREET TRADER'S 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 the Unique Tax Reference Number and having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(g) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the application had been withdrawn from consideration by the applicant.

(h) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 14, the Committee, having heard a representative from the Housing Department, agreed that the applications be granted.

In the case of Application Nos 15 to 23, the Committee delayed the consideration of these applications to be deferred to a future meeting of the Committee.

(i) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed that the application be granted.

In the case of Application Nos 2, 3, 4 and 5, the Committee, having heard a representative of the Housing Department, agreed that applications be granted.

In the case of Application No 6, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed that the application be granted.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) Reference was made to Article IV(a)(i) of the minute of meeting of this Committee held on 27th September, 2012, wherein consideration of the application was deferred to allow the applicant to attend for a medical. The Committee gave consideration to the content of the original letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard the Clerk and receiving confirmation that the medical report had not yet been received, the Committee agreed that a Temporary Taxi Driver's Licence be granted, subject to the medical report being submitted to the satisfaction of the Licensing Section, and that a report be submitted to a meeting of the Committee to be held in December, 2012.

(ii) There was submitted an application by Mr A H for a Taxi Driver's Licence. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Legal Officer, the Committee agreed to defer the application to the meeting of this Committee to be held in December, 2012.

(iii) There was submitted an application by Mr S S for a Taxi Driver's Licence. Reference was made to Article IV(a)(ii) of the minute of meeting of this Committee held on 27th September, 2012, wherein the Committee agreed to grant a temporary licence. The Committee gave consideration to the original letter of objection which was submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, and receiving confirmation that the Unique Tax Reference had now been submitted, the Committee agreed that the application be granted for a period of three months.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Committee held on 27th September, 2012, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr M M during the currency of his Taxi Driver's Licence. There was submitted a letter from the Head of Revenues in relation to the alleged conduct of Mr M M during the currency of his Taxi Driver's Licence. The Committee, having heard the licence holder on their own behalf and consideration of the advice of the Clerk, agreed that no further action be taken.

(ii) Reference was made to Article I(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 27th September, 2012, wherein it was agreed to hold a Suspension Hearing in relation to the alleged conduct of Mr T H during the currency of his Taxi Driver's Licence. 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 Driver's Licence. Thereafter, having heard the Environmental Compliance Manager, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to issue the licence holder with a written warning as to their future conduct.

(iii) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 6th September, 2012, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr C L during the currency of his Taxi Driver's Licence. The Committee noted that the licence holder was not present and agreed to adjourn the hearing until the meeting of this Committee to be held in December, 2012.

(iv) Reference was made to Article VI(iv) of the minute of meeting of this Committee held on 6th September, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr A A during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

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

(v) Reference was made to Article IV(c)(iii) of the minute of meeting of this Committee held on 27th September, 2012, wherein it was agreed to adjourn 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 agreed to further adjourn the hearing to the meeting of this Committee to be held in November, 2012.

(vi) Reference was made to Article IV(c)(iv) of the minute of meeting of this Committee held on 27th September, 2012, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M M during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings. The Committee agreed to further adjourn the hearing to the meeting of this Committee to be held in January, 2013.

(vii) Reference was made to Article II(a)(iv) of the minute of meeting of the Licensing Sub‑Committee held on 27th September, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R R during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable relative to the alleged conduct of Mr R R 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 Legal Officer and the Clerk, the Committee agreed to adjourn the hearing for a period of two months to allow the licence holder to attend for a medical examination.

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

(i) Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 6th September, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr N J during the currency of his Taxi Driver's Licence and Taxi Operator's Licence. The Committee gave consideration to the content of the letters of information which had been submitted by the Environmental Compliance Manager relative to the alleged conduct of Mr N J during the currency of their Taxi Driver's and Taxi Operator's Licences. Thereafter, having heard the Environmental Compliance Manager, the licence holder on their own behalf and consideration of the advice of the Clerk, the Committee agreed to issue the licence holder with a written warning as to their future conduct.

(ii) Councillor Hunter declared a non-financial interest in this matter by virtue of the licence holder being known to him in a personal capacity and vacated the Chair and left the Chamber during its consideration whereupon the Chair was taken by the Depute Convener, Councillor David Bowes.

Reference was made to Article II(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 6th September, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr M W during the currency of his Taxi Driver's Licence and Taxi Operator's Licences. The Committee gave consideration to the content of the letters of information which had been submitted by the Environmental Compliance Manager relative to the alleged conduct of Mr M W during the currency of his Taxi Driver's Licence and Taxi Operator's Licences. Thereafter, having heard the Environmental Compliance Manager, the licence holder on their own behalf and consideration of the advice of the Clerk, the Committee agreed to take no further action and issue the licence holder with a written warning as to their future conduct.

(iii) Councillor Hunter re-entered the Chamber prior to consideration of this item of business and resumed the Chair.

Reference was made to Article VI(h)(i) of the minute of meeting of this Committee held on 6th September, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G G during the currency of their Taxi Driver's Licence and Taxi Operator's Licences to await the outcome of criminal proceedings. The Committee noted that the licence holder was not present and after hearing a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in December, 2012 to allow the licence holder to be present.

Stewart HUNTER, Convener.

APPENDIX I

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee 27th September, 2012.

Present:-

COUNCILLORS

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

There were no declarations of interest.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

(i) There was tabled a letter from the Head of Revenues, Dundee City Council, 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 contents of the letter submitted by the Head of Revenues.

Thereafter, the Sub-Committee, having heard from the Clerk and consideration of the advice of the Legal Officer, 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.

(ii) There was tabled a letter from the Head of Environmental Protection, Dundee City Council, relative to the alleged conduct of Mr T H during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the contents of the letter submitted by the Head of Environmental Protection.

The Sub-Committee, having heard from the Clerk and consideration of the advice of the Legal Officer, agreed that a hearing be convened in due course in relation to the fitness of Mr T H to be the holder of a Taxi Driver's Licence.

(iii) There was tabled a letter from the Chief Constable, relative to the alleged conduct of Mr R B during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the contents of the letter submitted by the Chief Constable.

Thereafter, having heard the Chief Constable's representative 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 R B to be the holder of a Taxi Driver's Licence.

(iv) There was tabled a letter from the Chief Constable relative to the alleged conduct of Mr R R during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the contents of the letter submitted by the Chief Constable.

Thereafter, having heard the Chief Constable's representative 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 R R to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.