Licensing Committee - 10/12/2012

At a MEETING of the LICENSING COMMITTEE held at Dundee on 10th December, 2012.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 6th December, 2012 was held as read.

Unless marked thus * all items stand delegated.

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.

I DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVERS LICENCE - SUSPENSION HEARINGS

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

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S B during the currency of his Taxi Driver's Licence.

Thereafter, having heard the Clerk, the Committee noted that no further action was required as the licence holder had surrendered their licence.

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

There was submitted a letter of information from the Head of Revenues and Customer Services, Dundee City Council relevant to the alleged conduct of Mr D D during the currency of his Taxi Driver's Licence.

Thereafter, having heard the Clerk, a representative on behalf of the licence holder, the licence holder on their own behalf and noting that the Finance Department had withdrawn the complaint against the licence holder, the Committee agreed that no further action be taken.

(iii) Reference was made to Article IV(b)(v) of the minute of meeting of the Licensing Committee held on 1st November 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 allow the licence holder to be present.

Reference was also made to Article II(a)(iii) of the minute of meeting of the Licensing Sub-Committee held on 1st November 2012, wherein it was agreed to hold a hearing in relation to an additional complaint in relation the alleged conduct of Mr B McL during the currency of his Taxi Driver's Licence.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr B McL during the currency of his Taxi Driver's Licence, together with the additional letter of complaint.

In relation to the original complaint, the Committee noted that the Procurator Fiscal had decided not to proceed in respect of the circumstances outlined in the letter and having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to take no further action in relation to that complaint.

In relation to the additional complaint, the Committee noted that the licence holder was not present and agreed to adjourn the hearing in relation to that complaint to the meeting of this Committee to be held in January, 2013.

(b) TAXI DRIVERS/TAXI OPERATORS LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 9th November, 2012, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr C B with immediate effect and to hold a hearing in relation to the fitness of Mr C B to be the holder of a Taxi Driver and Taxi Operator's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr C B during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee gave consideration of the content of a letter. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder 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 January, 2013 and to continue the suspension of the Taxi Driver's Licence held by Mr C B during the intervening period with immediate effect.

(ii) Reference was made to Article IV(c)(iii) of the minute of meeting of the Licensing Committee held on 1st November, 2012, wherein it was 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 Licences to allow the licence holder to be present.

The Committee noted that the licence holder was not present and agreed that the hearing be adjourned to the meeting of this Committee to be held in January, 2013 to allow the licence holder to be present.

(iii) Reference was made to Article II(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 1st November, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R G during the currency of his Taxi Driver's and Taxi Operator's Licences.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R G during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and the licence holder on their own behalf, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in March, 2013 to await the outcome of court proceedings.

Stewart HUNTER, Convener.