Licensing Committee - 06/06/2013

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th June, 2013.

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th June, 2013.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 2nd May, 2013 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 2nd May, 14th May and 28th May, 2013, were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II and III.

III TAXI LIAISON GROUP - MINUTE OF MEETING

The minute of meeting of the Taxi Liaison Group held on 18th December, 2012 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix IV.

IV CINEMAS ACT 1985

(a) CINEMA - REQUEST FOR VARIATION

There was submitted the undernoted request for variation.

In the case of this request for variation, the Committee noted that application had been made to change the hours of operation to 3.00 am on Mondays to Sundays. Thereafter, there being no objections, the Committee agreed that the application be granted.

V 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.

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) LATE HOURS CATERING - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that application had been submitted to allow for opening until 3.30 am Fridays and Saturdays 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) LATE HOURS CATERING - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation.

In the case of Application No 1, the Committee noted that a request for variation had been submitted to change the hours of operation to 3.00 am Fridays and Saturdays and 3.30 am during seasonal variations (of liquor premises licences) and that this was outwith the hours of operation within the current policy on late hours catering. The Committee gave consideration to the application. Thereafter, having heard an agent on behalf of the applicant and consideration of the advice of the Clerk and the Legal Officer, Councillor Hunter, seconded by Councillor Bowes, moved that consideration of the application be deferred to the meeting of this Committee to be held on 5th September, 2013 to allow for the applicant to make public advertisement of his renewal application.

As an amendment, Councillor Black, seconded by Councillor Alexander, moved that consideration of the application not be deferred.

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.

In the case of Application No 2, the Committee noted that a request for variation had been submitted to change the hours of operation to 4.00 am Mondays to Sundays and that this was outwith the hours of operation within the current policy on late hours catering. The Committee noted that the applicant was not present and agreed that consideration of the application be deferred to a future meeting of the Committee to allow the applicant to be in attendance.

(d) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the application had been made for a Party Bus. The Committee gave consideration to the application. Thereafter, having heard the applicant on their own behalf and a representative of the Environmental Health and Trading Standards Department and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 27th June, 2013 to allow for the submission of further information by the applicant and, during the intervening period, for an inspection to be arranged during which members of the Committee and Environmental Health would observe the vehicle in operation.

In the case of Application No 2, there was submitted Report No 271-2013 by the Head of Democratic and Legal Services giving members information to enable a decision to be taken on the event. The Committee agreed to grant the application by JAM Promotions Ltd, subject to the additional conditions contained within the report.

(e) SECOND HAND DEALER - REQUEST FOR VARIATION

Reference was made to Article III(c) of the minute of meeting of this Committee held on 2nd May, 2013, wherein it was agreed to grant the removal of the condition to keep book records and instead to use computer based records in relation to the licence for the undernoted premises and to defer the request to vary the opening hours in order for a personal appearance to explain the reasons for the request to change hours from 9.00 am to 5.30 pm to 8.00 am to 8.00 pm Mondays to Sundays.

In the case of this application, having heard an agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(f) USE OF CITY SQUARE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a letter of objection had been submitted by a member of the public relevant to this application. The Committee noted that the objector was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter of objection. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Clerk, the Committee agreed that the application be granted for a period of six months and that delegated authority be given to the Head of Democratic and Legal Services to deal with any further grant thereafter.

VI HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 6, 7, 11, 12, 13 and 14, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application Nos 2 and 4, having heard a representative of the Housing Department and an agent on behalf of the applicant, the Committee agreed that the applications be granted.

In the case of Application No 3, the Committee noted that the applicant was not present and agreed that consideration of the application be deferred to the meeting of this Committee to be held on 27th June, 2013 to allow the applicant to be present.

In the case of Application No 5, there was submitted a letter of objection from a member of the public relevant to this application. The Committee gave consideration to the content of the letter of objection. Thereafter, having heard a representative of the Housing Department, the objector on their own behalf, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of one year and that the application be recalled after a period of six months to allow for the Housing Department to submit an update on the operation of the licence.

In the case of Application Nos 8, 9 and 10, having heard a representative of the Housing Department and an agent on behalf of the applicants, the Committee agreed that the applications be granted, subject to completion of works and inspection by the Scottish Fire and Rescue Service and Building Standards.

In the case of Application Nos 15 to 40, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that application had been made to increase the capacity from 4 to 5. Thereafter, there being no objections, the Committee agreed that the application be granted.

(c) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 3, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application Nos 2, 4 and 5, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 6, the Committee noted that application had also been made for physical change to the property and not change to occupancy within a bandwidth as noted on the agenda. Thereafter, there being no objections, the Committee agreed that the application be granted.

In the case of Application No 7, 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 8, the Committee noted that the applicant was not present and agreed that consideration of the application be deferred to a meeting of this Committee to be held on 27th June, 2013 to allow the applicant to be in attendance.

In the case of Application No 19, the Committee noted that a letter of representation had been submitted by Police Scotland relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Police Scotland, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the licence be recalled after a period of six months to allow for the Housing Department to submit an update on the operation of the licence.

(d) HOUSES IN MULTIPLE OCCUPATION - UPDATE

Reference was made to Article V(a)(i) of the minute of meeting of this Committee held on 7th March, 2013, wherein Mr Gregory Mejias was granted a Houses in Multiple Occupation Licence and it was agreed that the licence be recalled after a period of three months to allow for confirmation to be submitted as to how Mr Mejias and Easylets were going to manage the property.

In the case of this application, having heard a representative of the Housing Department and an agent on behalf of the applicant and receiving confirmation that a formal variation application had been submitted for appointment of Easylets as day to day manager, the Committee agreed that no further action be taken.

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.

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

(i) Reference was made to Article V(ii) of the minute of meeting of this Committee held on 28th March, 2013, wherein it was agreed to defer consideration of the application by Mr A G for registration as a landlord to allow the applicant to be in attendance. There was submitted the original memorandum from the Housing Department relevant to this application. The Committee noted that the applicant was not present and, having heard an agent on behalf of the applicant, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 27th June, 2013.

(ii) Reference was made to Article V(iii) of the minute of meeting of this Committee held on 28th March, 2013, wherein it was agreed to defer consideration of the application by Mrs R G for registration as a landlord to allow the applicant to be in attendance. There was submitted the original memorandum from the Housing Department relevant to this application. The Committee noted that the applicant was not present and, having heard an agent on behalf of the applicant, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 27th June, 2013.

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

Reference was made to Article VI of the minute of meeting of this Committee held on 28th March, 2013, wherein it was agreed that Mr J C was no longer a fit and proper person to be registered as a landlord and it was agreed that the decision on what action to be taken in this regard be deferred to this meeting. Thereafter, having heard a representative of the Housing Department, an agent on behalf of Mr J C and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be further deferred to the meeting of this Committee to be held on 27th June, 2013 to allow the outstanding matters to be resolved.

IX HOUSING (SCOTLAND) ACT 2006 - REVOCATION HEARINGS

Reference was made to Article VII of the minute of meeting of this Committee of 28th March, 2013, wherein it was agreed that Mr J C was no longer a fit and proper person to be the holder or manager of Houses in Multiple Occupation Licences and that a decision on what action to be taken in this regard be deferred to this meeting.

Thereafter, having heard a representative of the Housing Department, an agent on behalf of Mr J C and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be further deferred to the meeting of this Committee to be held on 27th June, 2013 to allow the outstanding matters to be resolved.

X CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REQUEST FOR VARIATION - TAXI OPERATOR

There was submitted a request for variation from Mr G M in relation to his Taxi Operator's Licence. The Committee gave consideration to the content of the application, together with supporting information submitted from the applicant's General Practitioner. Thereafter, having heard an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 27th June, 2013 to obtain a report from the Plant and Vehicle Officer relevant to the application.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATION

Reference was made to Article VIII(a)(i) of the minute of meeting of this Committee held on 28th March, 2013, wherein consideration of the application by Mr S U for a Taxi Driver's Licence was deferred to await the outcome of court proceedings. There was submitted the original letter of objection from Police Scotland relevant to this application. The Committee noted that the applicant had still to submit their Unique Tax Reference Number. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed to grant a temporary licence to allow the applicant to submit their Unique Tax Reference Number and to receive further information from the UK Border Agency and that an update be provided to the Committee at its meeting on 27th June, 2013.

(c) WINDOW CLEANER'S LICENCE - SUSPENSION HEARING

Reference was made to Article VIII(f) of the minute of meeting of this Committee on 7th March, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G MacF during the currency of his Window Cleaner's Licence to await the outcome of court proceedings and to continue the immediate suspension of the Window Cleaner's Licence held by Mr G MacF during the intervening period.

There was submitted the original letter of complaint from the Chief Constable in relation to the suitability of Mr G MacF to be the holder of a Window Cleaner's Licence. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having considered the content of the letter and having heard the Clerk, the Committee agreed that the Window Cleaner's Licence held by Mr G MacF be suspended for the unexpired portion of the licence with immediate effect.

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

(i) Reference was made to Article II(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 2nd May 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr C C during the currency of his Taxi Driver and Taxi Operator's Licences.

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

The Committee gave consideration to the content of the letter. Thereafter, having heard the Environmental Compliance Manager, an agent on behalf of the licence holder 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 final written warning as to their future conduct.

(ii) Reference was made to Article VIII(d) 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 J F during the currency of his Taxi Driver and Taxi Operator's Licences 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 J F during the currency of his Taxi Driver and Taxi Operator's Licences.

The Committee gave consideration to the content of the letter. Thereafter, having heard the 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 on 5th September, 2013.

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 2nd May, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr S McI during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr S McI 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.

The Committee gave consideration to the content of the letter. Thereafter, having considered the advice of the Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held on 27th June, 2013 to allow the licence holder to be present.

(ii) Reference was made to Article VII(d)(xiv) of the minute of meeting of this Committee held on 2nd May, 2013, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr G McN during the currency of his Taxi Drivers Licence to allow the licence holder to pay the outstanding amount of the Fixed Penalty Notice.

There was submitted a letter of information from the Environmental Compliance Officer relevant to the conduct of Mr G McN during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Environmental Compliance Manager and the licence holder on their own behalf, the Committee agreed to further adjourn the hearing to the meeting of this Committee to be held on 27th June, 2013 to allow the licence holder to pay the outstanding amount of the Fixed Penalty Notice.

(iii) Reference was made to Article II(c)(vii) of the minute of meeting of the Licensing Sub‑Committee held on 2nd May, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R A 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 R A during the currency of his Taxi Driver's Licence.

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 licence holder and consideration of the advice of the Legal Officer and paperwork tabled by the agent in support of the licence holder, the Committee agreed that the Taxi Driver's Licence held by Mr R A be suspended for a period of three months.

(iv) Reference was made to Article VII(d)(i) of the minute of meeting of this Committee held on 2nd May, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr F A during the currency of his Taxi Drivers Licence to allow the licence holder to attend and explain the circumstances in relation to the complaint and to continue the immediate suspension of the Taxi Drivers Licence held by Mr F A during the intervening period.

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 Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and an agent on behalf of the licence holder, the Committee agreed that no further action be taken.

(v) Reference was made to Article VII(d)(ii) of the minute of meeting of this Committee held on 2nd May, 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 Drivers Licence to allow the licence holder to attend.

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

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and an agent on behalf of the licence holder, the Committee agreed that no further action be taken.

(vi) Reference was made to Article VII(d)(vii) of the minute of meeting of this Committee held on 2nd May, 2013, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr S D to be the holder of a Taxi Driver's Licence until this meeting and to suspend the Taxi Drivers Licence held by Mr S D during the intervening period with immediate effect.

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 Driver's Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Clerk and the Legal Officer, the Committee agreed to further adjourn the hearing to the meeting of this Committee to be held on 27th June, 2013 to allow the licence holder to be present and to continue the immediate suspension of the Taxi Drivers Licence held by Mr S D during the intervening period.

(vii) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 14th May 2013, wherein the Taxi Driver's Licence held by Mr J H was suspended with immediate effect and it was agreed to hold a hearing in relation to the fitness of Mr J H to be the holder of a Taxi Driver's Licence and that Mr J H also be referred to OHSAS to establish his medical fitness 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 J H 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, a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer and the Clerk, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 27th June, 2013 to await a report from OHSAS on the medical fitness of Mr J H to be the holder of a Taxi Driver's Licence and to continue the immediate suspension of the Taxi Drivers Licence held by Mr S D during the intervening period.

(viii) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 2nd May, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G H during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G H 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. 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 5th October, 2013 to await the outcome of court proceedings.

(ix) Reference was made to Article VII(d)(xi) of the minute of meeting of this Committee held on 2nd May, 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 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 Driver's Licence.

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 consideration of the advice of the Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr G M be suspended for a period of three weeks.

(x) Reference was made to Article VII(d)(xiii) of the minute of meeting of this Committee held on 2nd May, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R McL 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 R McL during the intervening period.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr R 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, a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to recall the suspension of the Taxi Driver's Licence held by Mr R McL with immediate effect, subject to conditions and to adjourn the hearing to the next meeting and that hearings be held on a monthly basis at each meeting of the Committee thereafter to monitor the progress of any court proceedings.

(xi) Reference was made to Article VIII(c)(iv) 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 B McL during the currency of his Taxi Driver's Licence to allow the licence holder to be present.

Reference was also made to Article II(a)(iii) of the minute of meeting of the Licensing Sub-Committee held on 2nd May, 2013, wherein it was agreed to hold a hearing in relation to a fresh complaint in relation to the alleged conduct of Mr B McL during the currency of his Taxi Drivers Licence.

There were submitted copies of the letters of complaint from the Chief Constable dated 29th October, 2012, 6th February, 2013 and 7th May, 2013 relevant to the alleged conduct of Mr B McL 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. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and the Clerk, the Committee agreed that the Taxi Driver's Licence held by Mr B McL be suspended for a period of six months and to adjourn the hearing for the complaints dated 6th February, 2013 and 7th May, 2013 to the meeting of this Committee to be held on 5th September 2013.

(xii) Reference was made to Article VII(d)(xv) of the minute of meeting of this Committee held on 2nd May, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr S N during the currency of his Taxi Driver's Licence as narrated in the letter of 19th March, 2013 to allow for further letters of complaint dated 30th April, 2013 and 1st May, 2013 in relation to the alleged conduct of Mr S N during the currency of his Taxi Driver's Licence to be held at the same hearing.

Reference was also made to Article II(a)(viii) of the minute of meeting of the Licensing Sub-Committee held on 2nd May, 2013, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr S N with immediate effect and that a hearing be held in relation to the fitness of Mr S N to be the holder of a Taxi Driver's Licence.

There was submitted the original letter from the Chief Constable relevant to the alleged conduct of Mr S N during the currency of his Taxi Driver's Licence, together with further letters dated 1st May, 2013 and 30th April, 2013.

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 letters. Thereafter, having heard a representative of the Chief Constable, the Committee agreed to adjourn the hearing in relation to the fitness of Mr S N to be the holder of a Taxi Driver's Licence to the meeting of this Committee to be held on 5th September, 2013 to allow the licence holder to be present and to continue the suspension of the Taxi Driver's Licence held by Mr S N during the intervening period with immediate effect.

(xiii) Reference was made to Article II(c)(viii) of the minute of meeting of the Licensing Sub‑Committee held on 2nd May, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D O during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D O 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 a representative on behalf of the licence holder, the Committee agreed to adjourn the hearing until the meeting of this Committee held on 5th September, 2013 to await the outcome of court proceedings.

(xiv) Reference was made to Article II(a)(iii) 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 alleged conduct of Mr J R during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and the licence holder on their own behalf, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr J R to the meeting of this Committee to be held on 5th December, 2013 to await the outcome of court proceedings.

(xv) Reference was made to Article VII(d)(xvii) of the minute of meeting of this Committee held on 2nd May, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr V R 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 V R during the intervening period.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr V R 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. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the Committee agreed that the Taxi Driver's Licence held by Mr V R be suspended for the unexpired portion of the licence with immediate effect.

Stewart HUNTER, Convener.

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

APPENDIX I

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) TAXI DRIVER'S LICENCE - REQUEST FOR HEARINGS

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr S McI to be the holder of a Taxi Driver's Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G H 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 held in due course in relation to the fitness of Mr G H to be the holder of a Taxi Driver's Licence.

(iii) 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 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 held in due course in relation to the fitness of Mr B McL to be the holder of a Taxi Driver's Licence.

(iv) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr I W 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 no further action be taken.

(v) There was submitted a letter of information from Dundee Private Hire 203020 Ltd relative to the alleged conduct of Mr G H and Ms S L during the currency of their Taxi Driver's Licences.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Sub-Committee agreed that no further action be taken.

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

(vi) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr R A 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 held in due course in relation to the fitness of Mr R A to be the holder of a Taxi Driver's Licence.

(vii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D O 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 held in due course in relation to the fitness of Mr D O to be the holder of a Taxi Driver's Licence.

(viii) There were submitted letters of complaint 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 letters. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed that the Taxi Driver's Licence held by Mr S N be suspended with immediate effect and that a hearing be held in due course in relation to the fitness of Mr S N to be the holder of a Taxi Driver's Licence.

(b) TAXI DRIVERS LICENCE AND TAXI OPERATORS LICENCE - REQUEST FOR HEARINGS

There was submitted a letter of complaint from the Environmental Compliance Manager relative to the alleged conduct of Mr C C during the currency of his Taxi Driver and Taxi Operator's Licences.

The Sub-Committee gave consideration to the content of the letter. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr C C to be the holder of a Taxi Driver's Licence and Taxi Operator's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 14th May, 2013.

APPENDIX II

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 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 DRIVER'S LICENCE - REQUEST FOR SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J H 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 and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Driver's Licence held by Mr J H be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr J H to be the holder of a Taxi Driver's Licence and that Mr J H also be required to attend Occupational Health and Safety Advisory Services (OHSAS) to establish his medical fitness to be the holder of a Taxi Drivers Licence in terms of Section 13(4) of the Civic Government (Scotland) Act 1982.

Stewart HUNTER, Convener.

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

APPENDIX III

Present:-

Councillor Stewart HUNTER

Councillor Kevin CORDELL

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 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 SUSPENSION

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. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed that the Taxi Drivers Licence held by Mr S U be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr S U to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 18th December, 2012.

APPENDIX IV

Present:-

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

Stuart GALLOWAY, Principal General Services Officer, Corporate Services Department

Brian WOODCOCK, Senior Solicitor, Licensing, Corporate Services Department

John BERRY, City Development Department

Dave LINDSAY, City Development Department

TAXI TRADE REPRESENTATIVES

David YOUNG, Dundee Private Hire 203020 Ltd

Steve CASHLEY, Dundee 505050 Taxis

Graeme STEPHEN, Dundee Taxi Association

George HARRIS, Tay Taxis

John CURRAN, Tele Taxis

Chris ELDER, Unite the Union

TAYSIDE POLICE REPRESENTATIVES

Conrad TRICKETT, (Chief Inspector)

Cammy FORBES, (Constable)

John CALDWELL, (Constable)

Also in attendance:-

Richard WHEATER, People 1st

Kenneth KIDD, Dundee City Council

Ian McCANDLESS, Dundee City Council

Stuart GALLOWAY, in the Chair.

I MINUTE OF PREVIOUS MEETING

The minute of meeting of the Taxi Liaison Group held on 10th July, 2012 was submitted and noted for information and record purposes.

II DUNDEE CITY COUNCIL

Items on agenda at request of Dundee City Council:-

(a) TAXI TEST - NEW GUIDANCE

There was tabled a copy of new guidance on the taxi test. Stuart Galloway reported that this document informed of the outcome of the Sub-Group which had been formed to look at this matter and report back to a meeting of the Group.

The Group noted that should they have any observations on the content of the document they should advise Stuart Galloway.

(b) FRONT FACING CCTV

Stuart Galloway reported that front facing CCTV had been developed and was available to the Trade and that they may find this useful to operate in tandem to CCTV which was currently available to the Trade for safety and security within the vehicle. Front facing CCTV may also be useful to Trade members in the event of any potential insurance claim as insurers were aware and reported instances of organised crime where vehicles may have been deliberately crashed into taxis for financial gain.

The Group noted that the Council had no objection to the installing and operating of front facing CCTV within taxis and private hire vehicles, subject to observance of the same agreed criteria for the management of current CCTV usage within taxis and private hire vehicles.

The Group further noted that the CCTV System provided by CIGNUS was the only current system which had been approved by Dundee City Council and Tayside Police and met their requirements. On this basis, internal sticker signage may be developed by Dundee City Council and Tayside Police providing reassurance to any passengers that imagery and sound recorded could only be accessed by Dundee City Council and Tayside Police in the event of any reported incident. The installation of CCTV systems within vehicles may also be noted during the course of the Taxi Test and confirmation that the operator had approval for installation from the Council and Tayside Police may be established. The requirement that CCTV may be installed within a vehicle licensed for the carriage of passengers with the approval of Dundee City Council and Tayside Police may be included in licence conditions.

The Group noted the report.

(c) NATIONAL ENTITLEMENT CARD (NEC) EVENT

Stuart Galloway reported that feedback from George Harris on the NEC event held in October had been very positive. Further collaborative working groups would be held and if any members of the Trade were interested in attending they should contact Eleanor Brown, Chief Executive's Department direct if they wanted to be involved. Further to this, Steve Cashley mentioned technological advancements may mean that i-phone applications may have the ability to read cards.

The Group noted the report and that further updates would be provided at future meetings of the Group.

(d) TAXI FARES

(i) Annual Fares Review

It was reported that the statistical data used to inform the fares increase had been collated and an increase of 3.86% had been calculated. However, applying a 3.86% increase to 15p would bring the 1/10 mileage rate to 15.58p - which fell short of the threshold of 15.7p when the increase became applicable. A decision was required as to the increase on the drop which would be 11p, ie 2.98.

The Group agreed to the fares review and that the increase would also apply to the taxi test and to note that this would still mean that meters had to be tested. Discussions were ongoing with meter companies. The test process was outlined.

The Group noted that a report would be submitted to the January meeting of the Licensing Committee for approval following which the fares review would be advertised and if there were any objections the matter would be remitted back to the Committee.

(ii) Carriage of Items - Exemptions

It was reported that the extra charge had been in place for a considerable time and was applied for each parcel carried in the luggage compartment, boot or rack. There were exemptions for prams and loose groceries or shopping.

A complaint had been received from a disabled member of the public about the carriage of walkers and it was recommended that these be added to the list of exempt items in the fares structure.

The Group discussed this matter during which it was considered that the change to conditions be as follows:- "any fare including guide dogs or other items to assist the carriage of disabled passengers". The Regulations did indicate however that there was no charge allowed for guide dogs.

The Group agreed to the inclusion of the condition as indicated and that this formed part of the taxi driver conditions as of 1st April, 2013.

(e) TAXI TOTEM

Stuart Galloway reported that City Development were in the process of erecting a taxi totem at the Nethergate rank. The totem would include information for public on taxis such as, typical costs of certain journeys and also how to make a complaint. Other information could be included such as occasions when a rank or ranks were to be suspended and information in relation to the carriage of wheelchair passengers. The information may be presented in a bullet point format. It was noted that this may help to expel any incorrect information for the public and Trade alike such as different fares for different types of taxis and also cross-boundary charges. The totem would also include the fare card and also that prior agreement had to be reached with passengers for any journey outwith the City boundary with the driver in advance.

The Group welcomed the suggestions and noted that the information would be issued to the Trade for their consideration before it was provided on the totem.

(f) PROTECTION OF VULNERABLE GROUPS - (PVG) SCHEME

John Berry reported on the migration of people from Disclosure Scotland to the PVG scheme and how this affected school transport.

The Group noted the position.

(g) TRAINING FOR DRIVERS - UPDATE

Richard Wheater of People First reported on the background to training for drivers. The purpose of the training was to both recognise the skills already held by members of the Trade but also increase their skills generally. By doing this, the Trade would also be able to further improve the level of service to the public and especially tourists. The training programme provided by his company was currently running in Renfrewshire and West Lothian. The assessment process was explained and that the training would be provided on a multiple choice basis. There would be eight modules, including one on customer service. It was suggested successful completion of this training would be part of the condition of licences for Taxi Drivers and Private Hire Drivers in the long-term. In the meantime, a pilot would be established which may establish timescales for placing new drivers on courses. Similar courses were mandatory for new bus drivers.

The Group noted that the first class would be for between 12 and 16 drivers on the basis of three representatives from each of the member companies of the Group.

The Group further noted that Unite the Union were undertaking training programmes for taxi drivers and that these would be delivered on an SVQ basis and would commence January, 2013 and that Stuart Galloway would be welcome to observe a training should he so wish.

(h) TAXI SURVEY - UPDATE

Stuart Galloway circulated an extract from the advert on the invitation to tender for the taxi survey. The tendering process was explained.

The Group noted that the invitation to tender would be on the basis of an open tender process and that information on the application would be on the portal of Dundee City Council.

The Group further noted that their comments on the document and, in particular Section 4, would be welcomed by Stuart Galloway.

III DUNDEE PRIVATE HIRE (203020) LTD

Items on agenda at request of Dundee Private Hire (203020) Ltd:-

(a) LOGGING OF JOURNEYS

Dave Young reported on advancing, Personal Device Technology for Taxi Operators, and the possibility of this being cascaded for use within all areas of the Trade, including Street Car Operators, to allow for the logging up all their jobs electronically on such a device. It was reported that there were a number of inexpensive solutions available to record all their journeys, to not only help the police with any enquiry, as they do at licensed taxi offices, but to help the driver calculate their tax returns accurately. In this respect, it was highlighted by Tayside Police that the installation of CCTV within vehicles offered the best form of corroboration for any alleged incident within the vehicle reported to police.

The Group noted that other Councils would be contacted to establish practices within their local authority areas in this regard.

(b) ELECTRIC VEHICLES

Dave Young reported that "with the 60-40 split of vehicles" all but established that the proposed 'Saloon Car' part of the equation be replaced with electric vehicles.

Mr Young considered that Dundee City Council led the way with the introduction of these vehicles and that these at least be considered an alternative to the present City Centre petrol and diesel vehicles.

The Group noted that discussions were still ongoing and a decision had yet to be made.

IV DUNDEE TAXI ASSOCIATION

Items on agenda at request of Dundee Taxi Association:-

(a) TAXI RANKS

Graeme Stephen reported on enforcement practices at taxi ranks and the difficulty that drivers had gaining access on the rank. In this respect, Stuart Galloway reminded the Group of complaints which had been received from bus companies in relation to over-ranking which had been witnessed at various ranks within the City and the complaints stages in this regard. Dave Lindsay tabled a drawing from the City Engineers and advised that the possibility of a disabled bay being at the front of the rank at the train station and the use of this plan for enforcement measures.

The Group noted the position and that this matter would be further reported on to the next meeting of the Group.

(b) CCTV

Stuart Galloway tabled a report in light of CCTV footage which had been observed at the G Casino. It was reported that management at the G Casino had indicated that they were in agreement for door staff to assist with this and encourage patrons to migrate to safe points where they may access a taxi.

The Group noted the position and that Neil Gellatly would be submitting a report to a future meeting of the Committee on the management of the corner at the G Casino and the possibility of use of evening traffic wardens to assist with enforcement of traffic regulations at this area in the interests of safety and security of public.

V UNITE THE UNION

Item on agenda at request of Unite the Union:-

(a) CERTIFICATE OF COMPLIANCE - TAXI TESTS

Chris Elder reported on the possibility of the Taxi Test and MOT Test being combined. In this respect, Ian McCandless reported on the differentiations at this current time between the various parts of the Taxi Test and MOT Test.

The Group noted that this possibility would be further examined.

VI DUNDEE 505050 TAXIS

Item on agenda at request of Dundee 505050 Taxis:-

(a) CORPORATE LICENCES

Steve Cashley tabled a proposal for the establishment of Corporate Licences to allow taxi operators to better realise their investment in the Trade.

The Group noted that there were a variety of possibilities still being considered and that decision had still to be made.

Stuart GALLOWAY, Chair.