Licensing Committee - 07/02/2013

At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th February, 2013.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 23rd January, 2013 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Stewart Hunter declared a non-financial interest in the item of business at Article V(b) of the minute and left the Chamber prior to its consideration, whereupon the Chair was taken by Councillor David Bowes, Depute Convener. Councillor Hunter re-entered the Chamber prior to consideration of the item of business at Article V(c) of this minute, whereupon he resumed the Chair.

Councillor Jimmy Black declared a non-financial interest in the item of business at Article III(b) and left the Chamber prior to its consideration. Councillor Black re-entered the Chamber prior to consideration of the item of Sasines at Article III(g)(3).

II MINUTES OF MEETINGS OF THE LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 10th January, 2013 and 23rd January, 2013, were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted the undernoted applications had been granted under delegated powers.

SECOND HAND DEALER - NEW APPLICATIONS

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATIONS

(b) LATE HOURS CATERING LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request for a variation had been submitted to allow for opening until 3.30 am Mondays to Sundays and that this was outwith the hours of operation within the current policy on late hours catering.

There was submitted a letter of representation from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(c) MARKET OPERATORS LICENCE - NEW APPLICATION

Reference was made to Article IV(b) of the minute of meeting of this Committee held on 10th January, 2013, wherein it was agreed that consideration of the undernoted application be deferred to this meeting to allow further information to be submitted by the City Development Department.

In the case of this application, the Committee noted that application had been made to hold markets in the High Street on the following dates:-

1st to 7th April, 24th to 30th June, 2nd to 8th September and 2nd to 24th December, 2013.

There was submitted a letter of objection from the City Centre Manager. The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the City Development Department, 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.

(d) PUBLIC ENTERTAINMENT LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request for a variation had been submitted. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(e) STREET TRADERS LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request for variation had been submitted to allow the applicant to trade in the City Centre to sell wooden sculptures. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held in March, 2013 to allow the applicant to submit further information in support of the application.

(f) THEATRE LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request for variation had been submitted.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(g) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2, 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 the Street Test within the prescribed period, the Committee agreed that the applications be refused.

In the case of Application No 3, the Committee noted that the applicant had failed to produce their Unique Tax Reference Number. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Clerk and a letter of support which had been tabled by the applicant, the Committee agreed to grant a further temporary Taxi Driver's Licence to the applicant, subject to the submission of his Unique Tax Reference Number to the satisfaction of the Licensing Department and that the Clerk be given delegated authorities to grant the application for a Taxi Driver's Licence on receipt of this information.

IV HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application Nos 3 to 8, 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 9, the Committee noted that a letter of representation had been submitted by the Housing Department relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed to grant the application for a period of six months, subject to outstanding works being completed within one month with a report being submitted to the next meeting of the Licensing Committee on the operation of the licence.

In the case of Application No 10, the Committee noted that letters of objection had been received from members of the public. The Committee noted that the objectors were not present. The Committee gave consideration to the content of the letters of objection. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed to grant the application.

In the case of Application Nos 11 to 15, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted requests for variation.

In the case of Application Nos 1 and 2, there being no objections, the Committee agreed that the applications 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.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REQUEST FOR EXTENSION TO WIND-UP ESTATE

Reference was made to Article VI(g) of the minute of meeting of this Committee held on 10th January, 2013, wherein it was agreed to grant a further extension to the period of time to allow the Executor of the late G S, a Taxi Licence holder, to submit evidence from their solicitor regarding the current position in regards to the Estate.

The Committee noted that this application had been withdrawn from consideration by the applicant.

(b) SKIN PIERCING AND TATTOOISTS - NEW APPLICATION

Reference was made to Article IV(a) of the minute of meeting of this Committee held on 29th March, 2012, wherein the application by Mr A F for a Skin Piercing and Tattooist Licence was refused. The Committee noted that this application had been remitted back for re-consideration by the Sheriff. There was submitted the original letter of representation which had been submitted by the Chief Constable relevant to this application, together with letters of objection which had been submitted by members of the public, a letter of representation which had been submitted by the Environmental Health and Safety Manager and a letter from the Planning Department confirming that planning permission was not in place.

The Committee gave consideration to the content of the documentation submitted. Thereafter, having heard a representative of the Chief Constable, the Environmental Health and Safety Manager, a representative of the Planning Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, Councillor Bowes, seconded by Councillor Black, moved that the applicant was not a fit and proper person to be the holder of a Skin Piercing and Tattooist's Licence.

As an amendment, Councillor Bidwell, seconded by Councillor Ferguson, moved that the applicant was a fit and proper person to be the holder of a Skin Piercing and Tattooist's Licence.

On a division, there voted for the motion - Councillors Bowes, Alexander and Black (3); and for the amendment - Councillors Ferguson and Bidwell (2) - whereupon the motion was declared carried.

(c) TAXI DRIVERS LICENCE - RENEWAL

(i) Reference was made to Article IV(a)(iii) of the minute of meeting of this Committee held on 1st November, 2012, wherein it was agreed to grant the application by Mr S S for a Taxi Driver's Licence until this meeting to allow for a report to be submitted by the Chief Constable relevant to the operation of the licence. There was submitted the original letter of objection from the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Clerk, the Committee agreed that the application by Mr S S for renewal of his Taxi Driver's Licence be granted for a period of six months.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article V(c)(ii) of the minute of meeting of this Committee held on 6th December, 2012, wherein the Committee 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 the immediate suspension of the Taxi Driver's Licence held by Mr F A during the intervening period. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. There was submitted the original 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. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Clerk, the Committee agreed to continue the suspension of the Taxi Driver's licence held by Mr F A with immediate effect and to hold a further hearing at the meeting of this Committee to be held in May, 2013.

(ii) Reference was made to Article VI(e)(i) of the minute of meeting of this Committee held on 10th January, 2013, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr C B during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and also to recall the immediate suspension of the Taxi Driver's Licence held by Mr C B with immediate effect during the intervening period. There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr C B during the currency of his Taxi Driver's Licence. Thereafter, having heard the Clerk, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in March, 2013.

(iii) Reference was made to Article IV(c)(v) of the minute of meeting of this Committee held on 6th December, 2012, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Ms S G during the currency of her Taxi Driver's Licence to await the outcome of court proceedings. There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Ms S G during the currency of her Taxi Driver's Licence. Thereafter, having heard the Clerk, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in March, 2013.

(iv) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 10th January, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J McG 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 J McG during the currency of his Taxi Driver's Licence. Thereafter, having heard a representative of the Head of Revenues and Customer Services, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the licence holder be issued with a final written warning and that a report be submitted to the Committee in three months' time on the maintenance of payments to the Council.

(v) Reference was made to Article II(a)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 10th January, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Ms C P during the currency of her Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Ms C P during the currency of her 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 that the licence holder be issued with a written warning and that the hearing be adjourned to the meeting of this Committee to be held in September, 2013.

(vi) Reference was made to Article V(b)(vii) of the minute of meeting of this Committee held on 1st November, 2012, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr R R during the currency of his Taxi Driver's Licence to allow Mr R R to attend OHSAS for a medical. There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr R R during the currency of his Taxi Driver's Licence. Thereafter, having heard the Clerk, and confirmation of the outcome of the medical conducted by OHSAS, and the licence holder on their own behalf 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 March, 2013 to allow for a further medical report to be obtained.

(vii) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 10th January, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr M T 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. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M T during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in March, 2013.

(viii) Reference was made to a decision taken in terms of delegated authority on 24th January, 2013, wherein the Taxi Driver's Licence held by Mr P T was suspended with immediate effect and it was agreed that a hearing be held in relation to the suitability of Mr P T to be the holder of Taxi Driver's Licence. There was submitted a letter from OHSAS relevant to the suitability of Mr P T to be the holder of a Taxi Driver's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk and the licence holder on his own behalf, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in May, 2013 and to continue the suspension of the Taxi Driver's Licence held by Mr P T during the intervening period with immediate effect.

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

Reference was made to Article V(c)(i) of the minute of meeting of this Committee held on 6th December, 2012, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr A A during the currency of their Taxi Driver's Licence and Taxi Operator's Licences to await the outcome of court proceedings. There was submitted the original 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 and Taxi Operator's Licence and a letter of complaint from a local solicitor in relation to the licence holder. Thereafter, having heard the Clerk, the Committee agreed to adjourn the hearing to a future meeting of the Committee.

Stewart HUNTER, Convener.

APPENDIX I

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 10th January, 2013.

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 HEARING

There was submitted a letter of information from the Head of Revenues and Customer Services, Dundee City Council in relation 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. Thereafter, having heard the Clerk, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr J McG 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.

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

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Ms C P during the currency of her Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Ms C P to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

APPENDIX II

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

Present:-

Councillor Stewart HUNTER

Councillor John ALEXANDER

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 AND TAXI OPERATORS LICENCE - REQUEST FOR HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J F 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 Chief Constable. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr J F to be the holder of a Taxi Operator's Licence and Taxi Driver's Licence.

(b) INDISCRIMINATE PARKING

There was submitted a note of information from the Licensing Department relative to the conduct of Mr J B, Mr S K and Mr C S during the currency of their Taxi Driver's Licences.

The Sub-Committee gave consideration to the content of the note submitted by the Licensing Department. The Sub-Committee noted that the licence holders had been observed parking indiscriminately and that they had all been previously warned to stop the practice. Thereafter, the Sub-Committee agreed that final written warnings be issued to Mr J B, Mr S K and Mr C S and to note that any further infringements would result in requests for hearings in relation to their fitness to be the holders of Taxi Driver's Licences.

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.

(c) TAXI DRIVER'S LICENCE - REQUEST FOR HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S 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, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr S D to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.