Licensing Committee - 23/01/2013

At a MEETING of the LICENSING COMMITTEE held at Dundee on 23rd January, 2013.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 10th January, 2013 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interests were made.

II DEPUTATION

It was reported that a request for deputation relative to Item 3(a) Review of Guidance on Taxi Test had been received from Bob Costello of Sidlaw Executive Travel.

The Committee heard the deputation.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REVIEW OF GUIDANCE ON TAXI TEST

There was submitted Report No 40-2013 by the Head of Democratic and Legal Services advising members as to the proposed changes to the Taxi Test guidance following discussions with the Taxi Trade representatives.

Having heard the Clerk, the Plant and Vehicle Officer and the deputation, Councillor Black, seconded by Councillor Alexander, moved that the consideration of the report be deferred to the next meeting of the Committee to allow for technical and legal advice to be obtained in relation to part 8.2(a) of the guidance and other similar clauses.

As an amendment, Councillor Hunter, seconded by Councillor Cordell, moved that the report not be deferred.

On a division, there voted for the motion - Councillors Alexander and Black (2); and for the amendment - Councillors Hunter, Ferguson, Bidwell, Brennan and Cordell (5) - whereupon the motion was declared carried. Thereafter, the Committee agreed:-

(i) the new Guidance; and

(ii) that Test Certificates transferred with the vehicle.

(b) LATE HOURS CATERING LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a letter of objection had been received from a member of the public and that additional further information had also been submitted by the objector. In this respect, following receipt of legal advice, the Committee agreed to note that point 1 of the initial objection may be considered only as points 2 and 3 and the further information submitted by the objector in relation to Trademark for the name were not relevant to the considerations of the Committee. Thereafter, having heard an agent for the applicant, the objector on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to compliance with the hours of operation within the policy on late hours catering.

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 - SUSPENSION HEARINGS

(i) Reference was made to Article II(b)(iii) of the minute of meeting of this Committee held on 10th December, 2012, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr G G during the currency of his Taxi Driver's Licence to allow the licence holder to attend to explain the circumstances in relation to the matter. There was submitted a letter of information in relation to the alleged conduct of Mr G G during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter and having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that the licence holder be issued with a warning as to their future conduct.

(ii) Reference was made to Article II(a)(iii) of the minute of meeting of this Committee held on 10th December, 2012, wherein the Committee 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.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. There was submitted a 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. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and receiving confirmation that the Procurator Fiscal's office had confirmed that one of the matters narrated had not been proven and no further action would be taken on the remaining matter. The Committee agreed to adjourn consideration of the hearing to allow the licence holder to attend to explain the circumstances in relation to that matter before the Committee at its meeting in March, 2013.

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

Reference was made to Article II of the minute of meeting of the Licensing Sub-Committee held on 6th December, 2012, wherein it was agreed to hold a hearing in relation to the suitability of Mr J C to be registered as a landlord.

There was submitted a letter of information from the Housing Department relevant to the conduct of Mr J C during the currency of his registration as a landlord.

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Housing Department, an agent on behalf of the licence holder, licence holders for which Mr J C acted as day to day manager in respect of certain premises and consideration of documentary evidence in support of Mr J C and documentary evidence of a conviction relating to Mr J C and having considered the advice of the Legal Officer, the Committee agreed to defer consideration of the matter in relation to the suitability of Mr J C to be registered as a landlord to the March meeting of this Committee to allow the licence holder to submit documentary evidence as to the improvement of their work practices to be submitted to that meeting.

VI HOUSING (SCOTLAND) ACT 2006

Reference was made to Article II of the minute of meeting of the Licensing Sub-Committee held on 6th December, 2012, wherein it was agreed to hold revocation hearings in terms of Section 139 of the Housing (Scotland) Act 2006 to determine the fitness of Mr J C to hold licences and to act as day to day manager for the 57 premises which were listed in the agenda.

There was submitted a letter of information from the Housing Department relevant to the conduct of Mr J C during the currency of his registration as a Landlord.

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Housing Department, an agent on behalf of the licence holder, licence holders for which Mr J C acted as day to day manager in respect of certain premises and consideration of documentary evidence in support of Mr J C and documentary evidence of a conviction relating to Mr J C and having considered the advice of the Legal Officer, the Committee agreed to defer consideration of the matter in relation to the suitability of Mr J C to be registered as a landlord to the March meeting of this Committee to allow the licence holder to submit documentary evidence as to the improvement of their work practices to that meeting.

Stewart HUNTER, Convener.