Licensing Committee - 02/05/2013

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd May, 2013.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 28th March, 2013 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATIONS OF INTEREST

Councillors Hunter and Bowes declared non-financial interests in relation to the matter at Article VII(d)(vi) of this minute, by virtue of the licence holder being known to them in a personal capacity and left the Chamber prior to its consideration, whereupon the Committee unanimously agreed that Councillor Black be elected to Chair the meeting in the absence of the Convener and the Depute Convener. Councillors Hunter and Bowes re-entered the Chamber prior to consideration of the item of business at Article VII(d)(vii) of this minute, whereupon Councillor Hunter resumed the Chair.

Councillor Black declared a non-financial interest in relation to the matter at Article IV(a)(v) of this minute, by virtue of the applicant being known to him in a personal capacity and left the Chamber prior to its consideration. Councillor Black re-entered the Chamber prior to consideration of the item of business at Article IV(a)(vi) of this minute.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 7th March, 19th March, 28th March and 10th April, 2013 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II, III and IV.

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.

PRIVATE HIRE OPERATOR - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) LATE HOURS CATERING LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that application had been made for hours of operation until 3.30 am on Fridays and Saturdays and that this was outwith the hours of operation for the current policy on late hours catering. There was submitted a letter of representation from Police Scotland relevant to this application. Thereafter, having heard the Clerk and noting that a request had been made by the agent for the applicant 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 on 6th June, 2013.

(c) SECOND HAND DEALERS LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that requests for variation had been made to remove the condition requiring the keeping of manual book records and to use computer based records instead and to change opening hours from 9.00 am to 5.30 pm to 8.00 am to 8.00 pm Mondays to Sundays.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence.

The Committee gave consideration to the requests. Thereafter, having heard the Clerk and consideration of the advice of the Legal Officer, the Committee agreed that the request for variation to remove the condition requiring the keeping of manual book records and to use computer based records instead be granted and that the request to change opening hours from 9.00 am to 5.30 pm to 8.00 am to 8.00 pm Mondays to Sundays be deferred to the meeting of this Committee to be held on 6th June, 2013 to allow the applicant to be present and to give further explanation in support of that part of their application.

(d) SKIN PIERCING AND TATTOOIST LICENCE - NEW APPLICATION

The Committee noted that the undernoted application had been withdrawn from consideration as the outstanding matters had been resolved and accordingly had been dealt with under delegated powers.

(e) TAXI DRIVER LICENCE- NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having noted that the applicant had failed to produce their medical certificate and Unique Tax Reference Number, the Committee agreed that the application be considered incompetent.

In the case of Application No 2, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having heard the Clerk and noting that the applicant had now submitted their medical certificate and had still to submit their Unique Tax Reference Number, the Committee agreed that a Temporary Licence be granted for a period of six weeks to allow the applicant to submit their Unique Tax Reference Number to the satisfaction of the Licensing Department.

In the case of Application Nos 3, 4 and 5, 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 Nos 6, 7 and 8, the Committee, noted that these applications had been withdrawn from consideration by the applicants.

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 to 3, 5 to 10, 15 to 18 and 20 to 23, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application Nos 4, 14 and 19, having heard a representative of the Housing Department and a representative on behalf of the applicants, the Committee agreed that the applications be granted.

In the case of Application Nos 11, 12 and 13, having heard a representative of the Housing Department and a representative on behalf of the applicant, the Committee agreed that consideration of the applications be deferred to the meeting of this Committee to be held on 6th June, 2013 to allow for further consultation between the Housing Department and Fire and Rescue Scotland.

In the case of Application No 24, the Committee gave consideration to letters of objection which had been submitted by members of the public relevant to this application and a letter of support which had been submitted on behalf of the applicant. Thereafter, having heard a representative of the Housing Department, an objector to the application, the applicant on their own behalf, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the application be recalled to the meeting of this Committee to be held on 5th September, 2013 to allow for an update on the operation of the licence to be submitted to the Committee.

In the case of Application Nos 25 to 27, 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 applications for variation.

In the case of Application Nos 1 to 4, there being no objections, the Committee agreed that the applications for variation 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

Reference was made to Article V(i) of the minute of meeting of this Committee held on 28th March, 2013, wherein it was agreed that consideration of the application by Mr R K to be registered as a landlord be deferred to this meeting.

There was submitted the original letter of information from the Housing Department.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

VI HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted an application by Ms N McK for a Houses in Multiple Occupation Licence for property at 19 Friary Gardens. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that the person responsible for the day to day management of the property would be Easylets/Jack Reavley and that the Certificate of Compliance had now been submitted to the satisfaction of the Licensing Department.

Thereafter, having heard a representative of the Housing Department, the Committee agreed that the application be granted.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) METAL DEALER (ITINERANT) - NEW APPLICATION

There was submitted an application by Mr P G for a Metal Dealer (Itinerant) Licence.

There was submitted a letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Part of the objection referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done. Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of a letter of support which had been tabled by the applicant, and the advice of the Legal Officer, the Committee agreed that the application be refused.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) Reference was made to Article VIII(b)(i) of the minute of meeting of this Committee held on 7th March, 2013, wherein consideration of the application by Mr R H for a Taxi Drivers Licence was deferred to await the outcome of court proceedings.

There was submitted an application by Mr R H for a Taxi Drivers Licence.

There was submitted the original letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant and consideration of a letter of support which had been tabled on behalf of the applicant and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until the meeting of this Committee to be held on 5th September, 2013.

(ii) There was submitted an application by Mr G M for a Taxi Drivers Licence.

There was submitted the original letter of representation from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant and the applicant on their own behalf, the Clerk and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the submission of a medical certificate to the satisfaction of the Licensing Department, thereafter a temporary licence would be issued for a period of six weeks to allow the applicant to submit their Unique Tax Reference Number and that the Clerk be given delegated authority to grant a further licence for a period of three months on that basis.

(iii) There was submitted an application by Mr W R for a Taxi Drivers Licence.

There was submitted a letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the application be granted, subject to the submission of a medical certificate to the satisfaction of the Licensing Department, thereafter a temporary licence would be issued for a period of six weeks to allow the applicant to submit their Unique Tax Reference Number and that the Clerk be given delegated authority to grant a further licence for a period of three months.

(iv) There was submitted an application by Mr G R for a Taxi Drivers Licence.

There was submitted a letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to note that the application had been withdrawn from consideration by the applicant.

(v) There was submitted an application by Mr J S for a Taxi Drivers Licence.

There was submitted a letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant and having heard the Clerk, the Committee agreed that the application be granted, subject to the submission of a medical certificate to the satisfaction of the Licensing Department, thereafter the application would be granted for an initial period of six weeks to allow the applicant to submit their Unique Tax Reference Number to the satisfaction of the Licensing Department, thereafter the Clerk be given delegated authority to grant a further licence for a period of three months.

(c) TAXI DRIVER'S/PRIVATE HIRE OPERATORS LICENCES - NEW APPLICATIONS

There were submitted applications by Mr R R for a Taxi Driver's Licence and a Private Hire Operator's Licence.

The Committee noted that the licence holder was not present and agreed that the applications be considered in their absence.

The Committee noted that the UK Border Agency had indicated that Mr R R's visa had expired and that he had made a further application which was being processed and that, in the meantime, he had authority to remain in the country. Thereafter, having heard the Clerk and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the UK Border Agency giving continuing authority to Mr R R to remain in the country and that thereafter, the licence would expire.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article V(d)(i) of the minute of meeting of this Committee held on 7th February, 2013, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr F A with immediate affect and hold a fresh hearing at this meeting of the Committee.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr F A 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.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Clerk and noting that the Procurator Fiscal's Office would not be proceeding with the matter, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by Mr F A with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 6th June, 2013 to allow the licence holder to be present to explain the circumstances in relation to the incidents as narrated in the letter from Police Scotland.

(ii) Reference was made to Article VIII(e)(i) of the minute of meeting of this Committee held on 28th March, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C B during the currency of his Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings.

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 Drivers Licence.

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 Clerk, 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 on 6th June, 2013 to allow the licence holder to be present to explain the circumstances in relation to the incident as narrated in the letter from Police Scotland.

(iii) Reference was made to Article II(a)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 27th September, 2012, wherein it was agreed that Mr R B attend OHSAS to establish his fitness to be the holder of a Taxi Driver's Licence.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr R B during the currency of his Taxi Drivers Licence and a report from OHSAS on the fitness of Mr R B to be the holder of a Taxi Driver's Licence.

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 both letters. Thereafter, having heard a representative of the Chief Constable, the Clerk, and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing for a period of six months.

(iv) Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 28th March, 2013, wherein it was agreed that a hearing be held in relation to the fitness of Mr D B to be the holder of a Taxi Driver's Licence.

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 matter. Thereafter, having heard the Clerk, the Committee agreed that no further action be taken.

(v) Reference was made to Article II(b)(ii) of the minute of meeting of this Committee held on 28th March 2013, wherein it was agreed that a hearing be held in relation to the fitness of Mr W D to be the holder of a Taxi Operator's Licence and Taxi Driver's Licence.

There was submitted the matter and a letter of explanation from the licence holder.

The Committee gave consideration to the content of the letter. Thereafter, having heard an agent on behalf of the licence holder and having heard the Clerk and consideration of the letter of support which had been submitted by the licence holder, the Committee agreed that no further action be taken.

Councillor Melville entered the Chamber prior to consideration of the undernoted matter and left the Chamber at its conclusion.

(vi) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 10th April, 2013, wherein it was agreed that the Taxi Driver's Licence held by Mr A C be suspended with immediate affect and a hearing be held in relation to the fitness of Mr A C to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A C 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.

The Committee gave consideration to the content of the letter. 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 Drivers Licence held by Mr A C with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 27th June, 2013.

(vii) Reference was made to Article VIII(c)(ii) of the minute of meeting of this Committee held on 28th March, 2013, wherein it was agreed that Mr S D attend OHSAS for a medical examination to confirm his condition met Group 2 standards and that he was fit to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S D during the currency of his Taxi Drivers Licence and a medical report from OHSAS relevant to the fitness of Mr S D to be the holder of a Taxi Drivers Licence.

The Committee gave consideration to the content of both letters. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Clerk, the Committee agreed to suspend the Taxi Drivers Licence held by Mr S D with immediate effect and that a fresh hearing be held at a future meeting of this Committee in relation to the matter reported by Police Scotland upon confirmation being received that the licence holder met Group 2 Standards and was medically fit to be the holder of a Taxi Driver's Licence.

(viii) Reference was made to Article VIII(d)(v) 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 M F during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr M F 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.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 27th June, 2013 to await the outcome of court proceedings.

(ix) 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 that a hearing be held in relation to the fitness of Mr J J to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the 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.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to suspend the Taxi Drivers Licence held by Mr J J for the unexpired portion of the licence.

(x) Reference was made to Article II(b) of the minute of meeting of the Licensing Sub‑Committee held on 7th March, 2013, wherein it was agreed that a hearing be held in relation to the fitness of Mr N M to be the holder of a Taxi Operator's Licence and Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the 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.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to suspend the Taxi Drivers Licence held by Mr N M for the unexpired portion of the licence.

(xi) Reference was made to Article VIII(c)(iii) of the minute of meeting of this Committee held on 28th March, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings.

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 Drivers Licence.

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 the Clerk, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 6th June, 2013 to await the outcome of court proceedings.

(xii) Reference was made to Article V(c)(iv) of the minute of meeting of this Committee held on 7th February, 2013, wherein it was agreed that Mr J McG be issued with a final written warning and that a report be submitted to the meeting of this Committee on the maintenance of payments to the Council.

There was submitted a letter of information from the Head of Revenues and Customer Services relevant to the conduct of Mr J McG during the currency of his Taxi Drivers Licence. There was also tabled a letter of support by the licence holders.

The Committee gave consideration to the content of both letters. Thereafter, having heard a representative of the Head of Revenues and Customer Services, 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 on September, 2013.

(xiii) Reference was made to Article I(b) of the minute of meeting of the Licensing Sub‑Committee held on 10th April, 2013, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr R McL with immediate effect and to hold a hearing in relation to the fitness of Mr R McL to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R McL 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, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, Councillor Hunter, seconded by Councillor Brennan, moved to continue the suspension of the Taxi Drivers Licence held by Mr R McL with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 6th June, 2013.

As an amendment, Councillor Black, seconded by Councillor Alexander, moved the suspension of the Taxi Drivers Licence held by Mr R McL be recalled with immediate effect and that the hearing be adjourned until the meeting of this Committee to be held on 6th June, 2013.

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

(xiv) Reference was made to Article II(b)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 28th March, 2013, wherein it was agreed to hold a hearing in relation to the fitness of Mr G McN to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Environmental Compliance Manager relevant to the conduct of Mr G McN 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.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Environmental Compliance Manager 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 on 6th June, 2013 to give the licence holder the opportunity to pay the outstanding fine.

Councillor Bidwell left the Chamber prior to consideration of the undernoted matter and did not return.

(xv) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 19th March, 2013, wherein it was agreed to hold a hearing in relation to the fitness of Mr S N to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S N 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.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 6th June, 2013 to await the outcome of court proceedings.

(xvi) Reference was made to Article V(c)(ix) of the minute of meeting of this Committee held on 6th December, 2012, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr J R to be the holder of a Taxi Driver's Licence to allow the licence holder to pay the outstanding amounts of the Fixed Penalty Notices and the Compensation Order.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr J 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.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Clerk, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 6th December, 2013 to allow the licence holder to continue payments towards the outstanding fine and compensation order.

(xvii) Reference was made to Article VIII(c)(viii) of the minute of meeting of this Committee held on 28th March, 2013, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr V R with immediate effect and to hold a fresh hearing at this meeting of the Committee.

There was submitted a letter of information from the Chief Constable relevant to the 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.

The Committee gave consideration to the content of the letter. 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 Drivers Licence held by Mr V R with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 6th June, 2013.

(xviii) Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 28th March, 2013, wherein it was agreed that a hearing be held in relation to the fitness of Mr D S to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D S 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, a representative on behalf of the licence holder and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(xix) Reference was made to Article V(d)(viii) of the minute of meeting of this Committee held on 7th February, 2013, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr P T with immediate affect and hold a fresh hearing in relation to the fitness of Mr P T to be the holder of a Taxi Driver's Licence at this meeting of the Committee.

There was submitted a letter of information from OHSAS relevant to the fitness of Mr P T to be the holder of a Taxi Drivers Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk and the licence holder on their own behalf, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by Mr P T with immediate effect and that a fresh hearing be held at a future meeting of this Committee, subject to confirmation being received that the licence holder met Group 2 Standards and was medically fit to be the holder of a Taxi Driver's Licence.

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

Reference was made to Article VIII(d)(xii) of the minute of meeting of 7th March, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R G during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

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 Operators Licences.

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Committee agreed that no further action be taken.

Stewart HUNTER, Convener.

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

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Jimmy BLACK

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

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J J during the currency of his Taxi Drivers Licence.

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

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to hold a hearing in relation to the fitness of Mr J J to be the holder of a Taxi Drivers Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S U during the currency of his Taxi Drivers Licence.

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

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to hold a hearing in relation to the fitness of Mr S U to be the holder of a Taxi Drivers Licence.

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J R during the currency of his Taxi Drivers Licence.

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

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to hold a hearing in relation to the fitness of Mr J R to be the holder of a Taxi Drivers Licence.

(iv) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr B McL during the currency of his Taxi Drivers Licence.

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

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to hold a hearing in relation to the fitness of Mr B McL to be the holder of a Taxi Drivers Licence.

(v) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G S during the currency of his Taxi Drivers Licence.

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

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to hold a hearing in relation to the fitness of Mr G S to be the holder of a Taxi Drivers Licence.

(b) TAXI OPERATOR'S LICENCE AND 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 N M during the currency of his Taxi Drivers Licence and Taxi Operator's Licence.

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

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to hold a hearing in relation to the fitness of Mr N M to be the holder of a Taxi Drivers Licence and Taxi Operators Licence.

(c) HOUSING (SCOTLAND) ACT 2006 - REQUEST FOR HEARING

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

The Sub-Committee gave consideration to the content of the letter.

Thereafter, having heard a representative of the Housing Department and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr J C to be the holder of licences.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 19th March, 2013.

APPENDIX II

Present:-

Councillor Stewart HUNTER

Councillor Kevin CORDELL

Councillor Lesley BRENNAN

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

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.

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 item of business on the grounds that it 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 - REQUEST FOR HEARINGS

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S N 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, having heard a representative of the Chief Constable 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 S N to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

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

APPENDIX III

Present:-

Councillor Stewart HUNTER

Councillor David 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) INDISCRIMINATE PARKING IN NETHERGATE

There was submitted a note of information from the Licensing Department relative to the conduct of Mr J R during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the note submitted by the Licensing Department. The Sub-Committee noted that the licence holder had been observed parking indiscriminately and that he had been previously warned to stop the practice. Thereafter, the Sub‑Committee agreed that a final written warning be issued to Mr J R and to note that any further infringement would result in a request for a hearing in relation to his fitness to be the holder of a Taxi Driver's Licence.

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

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D S during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr D S to be the holder of a Taxi Driver's Licence.

(ii) There was submitted a letter of information from Mr W D, the holder of a Taxi Operator's Licence, relative to the alleged conduct of Mr D B 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 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 D B to be the holder of a Taxi Driver's Licence and that a hearing also be held in relation to the fitness of Mr W D to be the holder of a Taxi Operator'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.

(iii) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr G McN during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr G McN to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

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

APPENDIX IV

Present:-

Councillor Jimmy BLACK

Councillor Kevin CORDELL

Councillor Mohammed ASIF

Councillor Jimmy BLACK, in the Chair.

Unless marked thus * all items stand delegated.

The Convener agreed that the undernoted items of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

The Sub-Committee unanimously elected Councillor Jimmy Black to chair this meeting in the absence of the Convener and the Depute Convener.

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 CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A C 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, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the Taxi Drivers Licence held by Mr A C be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr A C to be the holder of a Taxi Driver's Licence.

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

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr R McL 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, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the Taxi Drivers Licence held by Mr R McL be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr R McL to be the holder of a Taxi Driver's Licence.

Jimmy BLACK, Chair.