Licensing Committee - 28/03/2013

At a MEETING of the LICENSING COMMITTEE held at Dundee on 28th March, 2013.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 7th March, 2013 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II 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.

PRIVATE HIRE OPERATOR - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATION

(b) PRIVATE HIRE OPERATOR - REQUEST FOR VARIATION

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that a request for variation had been made to allow tinted windows on the vehicle involved in the operation of the licence. Thereafter, there being no objections, the Committee agreed that the application be granted.

In the case of Application No 2, the Convener agreed that the application to allow tinted windows on the vehicle involved in the operation of the licence be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved. Thereafter, there being no objections, the Committee agreed that the application be granted.

(c) LICENSING FEES

The Committee noted that following an exercise with the Director of Corporate Services, no increase in licence fees would be proposed for 2013/2014.

(d) STREET TRADERS LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request for variation had been made for the purpose of a Street Traders Licence. 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 application be granted.

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 8, 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 9, the Committee noted that this application had been withdrawn from consideration by the applicant.

III CINEMA ACT 1985

There was submitted the undernoted application.

In the case of this application, the Committee noted the request for variation had been made to change the opening hours to 1.00 am on Thursdays to Sundays. There being no objections, the Committee agreed that the application be granted.

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, 2 and 3, the Committee, having heard a representative of the Housing Department and a representative of the applicants, agreed that the applications be granted.

In the case of Application No 4, the Committee, having heard a representative on behalf of the Housing Department and a representative on behalf of the applicant, agreed that the application be granted.

In the case of Application No 5, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application Nos 6 to 16, 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 No 1, the Committee, having heard a representative of the Housing Department and the applicant, agreed that the application be granted.

In the case of Application No 2, there being no objections, the Committee agreed that the application be granted.

In the case of Application No 3, the Committee, having heard a representative on behalf of the Housing Department and the applicant, agreed that the application be granted.

In the case of Application No 4, the Committee agreed that consideration of this application be made in the private part of the agenda.

In the case of Application No 5, there be no objections, the Committee 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.

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

(i) There was submitted a letter of information from the Housing Department relevant to the registration of Mr R K as a landlord.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, and the licence holder on their own behalf, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held in May, 2013.

(ii) There was submitted a letter of information from the Housing Department relevant to the registration of Mr A G as a landlord.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, the Clerk and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the matter to the meeting of this Committee to be held in May, 2013, to allow the licence holder to be present.

(iii) There was submitted a letter of information from the Housing Department relevant to the registration of Ms R G as a landlord.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, the Clerk and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the matter to the meeting of this Committee to be held in May, 2013, to allow the licence holder to be present.

VI ANTI-SOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 - REVOCATION HEARING

Reference was made to Article VI of the minute of meeting of this Committee held on 7th March, 2013, wherein it was agreed that consideration of the hearing in relation to the suitability of Mr J C to be registered as a landlord be adjourned to this meeting to allow Mr J C to show an improvement in his methods of administering his business.

Reference was made to Article II(c) of the minute of meeting of the Licensing Sub-Committee held on 7th March, 2013, wherein it was agreed to hold hearings in respect of a fresh complaint dated 22nd February, 2013 from the Housing Department in relation to the fitness of Mr J C.

The original letter of information from the Private Sector Services Manager was submitted, together with a letter of support on behalf of the licence holder, at the meeting held on 23rd January, 2013. An updated report form the Private Sector Services Manager was also submitted. The memorandum of 22nd February, 2013 was also submitted.

The Committee gave consideration to the content of the documentation. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, Councillor Hunter, seconded by Councillor Bidwell, moved that Mr J C was not a fit and proper person.

As an amendment, Councillor Black, seconded by Councillor Brennan, moved that consideration of the fitness of Mr J C be deferred to the meeting of this Committee to be held in May, 2013.

On a division, there voted for the motion - Councillors Hunter, Bowes, Ferguson and Bidwell (4); and for the amendment - Councillors Alexander, Black and Brennan (3) - whereupon the motion was declared carried. Thereafter, the Committee decided to defer any decision on sanctions to be imposed to the meeting of this Committee to be held in May, 2013.

VII HOUSING (SCOTLAND) ACT 2006 - REVOCATION HEARINGS

Reference was made to Article VII of the minute of meeting of this Committee held on 7th March, 2013, wherein it was agreed to adjourn the revocation hearing in terms of Section 139 of the above Act to determine Mr J Cs fitness to hold licences and to act as a day to day manager to allow Mr J C to show an improvement in his methods of the administering of his business.

Reference was made to Article II(c) of the minute of meeting of the Licensing Sub-Committee held on 7th March, 2013, wherein it was agreed to hold hearings in respect of a fresh complaint dated 22nd February, 2013 from the Housing Department in relation to the fitness of Mr J C.

The original letter of information from the Private Sector Services Manager was submitted, together with a letter of support on behalf of the licence holder, at the meeting held on 23rd January, 2013. An updated report form the Private Sector Services Manager was also submitted. The memorandum of 22nd February, 2013 was also submitted.

The Committee gave consideration to the content of the documentation. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, Councillor Hunter, seconded by Councillor Bidwell, moved that Mr J C was not a fit and proper person.

As an amendment, Councillor Black, seconded by Councillor Brennan, moved that consideration of the fitness of Mr J C be deferred to the meeting of this Committee to be held in May, 2013.

On a division, there voted for the motion - Councillors Hunter, Bowes, Ferguson and Bidwell (4); and for the amendment - Councillors Alexander, Black and Brennan (3) - whereupon the motion was declared carried. Thereafter, the Committee decided to defer any decision on sanctions to be imposed to the meeting of this Committee to be held in May, 2013.

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - UPDATES

Reference was made to Article III(j) of the minute of meeting of this Committee held on 27th September, 2012, wherein the Committee granted the renewal of Houses in Multiple Occupation Licence application submitted by Ms D McK but to recall the application in six months time for an update from the Housing Department.

The original letters of objection from a member of the public were submitted, together with a letter of observation from the Housing Department. The Committee noted that the licence holder was not present. Thereafter, having heard the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held in May, 2013.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr S K I U for a Taxi Drivers Licence.

There was submitted a letter of objection from the Chief Constable relevant to this application. Thereafter, having heard the Legal Officer and noting the agent for the applicant had requested that consideration of the application be deferred, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held in June, 2013.

(ii) There was submitted an application by Mr S K K U for a Taxi Drivers Licence.

Thereafter, the Committee, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed to defer consideration of the application to the meeting of this Committee to be held in May, 2013, to allow for further information to be obtained that there were no objections to the application and, should the information received be to the satisfaction of the Licensing Department, that delegated authority be given to the Clerk to determine the application.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article V(d)(ii) of the minute of meeting of this Committee held on 7th February, 2013, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of C B during the currency of his Taxi Drivers Licence to allow the outcome of court proceedings.

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 Drivers Licence.

The Committee noted that the licence holder was not present. Thereafter, having heard the representative of the Chief Constable, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in May, 2013 to await the outcome of court proceedings.

(ii) Reference was made to Article VIII(d)(iii) of the minute of meeting of this Committee held on 7th March, 2013, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr S D during the currency of his Taxi Drivers Licence to allow the licence holder to be present.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr S D during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the Clerk, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held in May, 2013, to allow the licence holder to attend OHSAS for a medical examination to confirm that his condition met Group 2 standards and that he was fit to be the holder of a Taxi Driver's Licence.

(iii) Reference was made to Article II(a)(v) of the minute of meeting of the Licensing Sub‑Committee held on 7th March, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G M during the currency of his Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence. The Committee gave consideration of 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 until the meeting of this Committee to be held in June, 2013.

(iv) Reference was made to Article II(a)(iv) of the minute of meeting of the Licensing Sub‑Committee held on 7th March, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr B McL during the currency of his Taxi Drivers Licence.

Reference was also made to Article VIII(d)(vii) of the minute of meeting of this Committee held on 7th March, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr B McL during the currency of his Taxi Drivers Licence to allow the licence holder to be in attendance.

There was submitted letters of information from the Chief Constable relevant to the alleged conduct of Mr B McL during the currency of his Taxi Drivers Licence.

The Committee noted that the licence holder was not present and agreed that the matters be considered in their absence. The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr B McL during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held in June, 2013.

(v) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 7th March, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J J during the currency of his Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J J during the currency of his Taxi Drivers Licence. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr J J during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held in May, 2013.

(vi) Reference was made to Article II(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 7th March, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr N M during the currency of his Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr N M during the currency of his Taxi Drivers Licence. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr N M during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held in May, 2013.

(vii) Reference was made to Article V(d)(vi) of the minute of meeting of this Committee held on 7th February, 2013, 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 Drivers Licence to allow the licence holder to contact his own GP with a view to sourcing information on a course.

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 Drivers Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard 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 June, 2013, to allow the licence holder to submit documentary evidence from his General Practitioner.

(viii) Reference was made to Article VIII(d)(viii) of the minute of meeting of this Committee held on 7th March, 2013, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr V R during the currency of his Taxi Drivers Licence to await the outcome of court proceedings. There was submitted the original letter of information from the Chief Constable relative to the alleged conduct of Mr V R during the currency of his Taxi Drivers Licence. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.

Thereafter, having heard a representative of the Chief Constable, 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 licence with immediate effect during the intervening period.

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

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 23rd January, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J F during the currency of his Taxi Drivers and Taxi Operators Licences.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J F during the currency of his Taxi Operators and Taxi Drivers Licences. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter.

Thereafter, having heard a representative of the Chief Constable, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held on 27th June, 2013.

(e) HOUSES IN MULTIPLE OCCUPATION - UPDATE

Reference was made to Article II(c)(iv) of the minute of this meeting, wherein it was agreed to consider the application for variation of change of day to day manager for property at 1D St Peter Street in the private part of the meeting.

Thereafter, there being no objections, the Committee agreed to grant the application.

Stewart HUNTER, Convener.