Licensing Committee - 25/07/2013

At a MEETING of the LICENSING COMMITTEE held at Dundee on 25th July, 2013.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 27th June, 2013 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

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.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) POLICY ON ADVERTISING ON TAXIS AND PRIVATE HIRE VEHICLES

Reference was made to Article V of the minute of meeting of this Committee held on 27th June, 2013, wherein officers were requested to produce a note setting out the background to the policy on advertising on taxis and private hire vehicles (PHCs). This was in the context of the application following this note on the agenda.

There was submitted Agenda Note AN80-2013 reporting that in 2000, the Licensing Committee agreed to allow advertising on taxis only (not PHCs at that time), provided operators applied for a formal variation to their conditions of licence (which would otherwise prohibit any signs on taxis apart from a roof sign and the licence plate) and the advert did not contravene the following criteria, namely, that the advertising of alcohol and tobacco related products, anything of a political nature or any other thing which in the opinion of the Council may cause offence was prohibited. Where advertising was of the full wrap variety and impinged onto windows, then it must be of transparent material and not obstruct the drivers overall vision. All requests for variations were considered initially by the Head of Democratic and Legal Services in consultation with the Convener. Any requests outwith the above criteria were put to the full Committee for deliberation.

The policy with regard to private hire cars was different in order to preserve a distinction between taxis and PHCs. This was because of the terms of Section 14 of the Civic Government (Scotland) Act 1982 which stated that, there shall not be displayed on or in any private hire car any word, sign, notice, mark, illumination or other feature which may suggest that the vehicle is available for hire as a taxi. Consequently, the Committee only allowed the operators own details to be advertised on PHCs. This was consistent with the Scottish Governments best practice guidance on taxi and PHC licensing which recommended that it helped to identify the vehicle and the contact details for its hiring. Over and above this, the Committee introduced in April, 2010 a requirement that ALL PHCs (except special events vehicles) must display a sign that they were available for advance booking only. This further helped to maintain the distinction with taxis.

The Committee noted the content of the note.

(b) REQUEST FOR VARIATION TO ADVERTISE SPONSORSHIP - PRIVATE HIRE CAR OPERATOR

Reference was made to Article V of the minute of meeting of this Committee held on 27th June, 2013, wherein it was agreed to defer consideration of the request by Mr P F to vary the conditions of his Private Hire Operators Licence to allow sponsorship to be advertised.

There was submitted a request for variation from Mr P F to allow sponsorship to be advertised on an electric private hire vehicle.

The Committee gave consideration to the content of the letter.

Thereafter, having heard the representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the request for variation be granted.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 1st July, 2013, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr J B with immediate effect and to hold a suspension hearing in due course.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J 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, 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 5th September, 2013 to allow for the licence holder to be referred to OHSAS to establish his medical fitness and to continue the suspension of the Taxi Drivers Licence held by Mr J B during the intervening period with immediate effect.

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 19th June, 2013, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr J C with immediate effect and to hold a suspension hearing in due course and to refer the licence holder to OHSAS during the intervening period to establish his medical fitness.

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

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

The Committee gave consideration to the content of the letter.

Thereafter, having heard the Clerk and consideration of a report from OHSAS which was tabled, and consideration of the advice of the Legal Officer, the Committee agreed to suspend the Taxi Driver's Licence held by Mr J C for the unexpired portion of the licence with immediate effect.

(iii) Reference was made to Article IX(e)(viii) of the minute of meeting of this Committee held on 27th June, 2013, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr J H to be the holder of a Taxi Drivers Licence to await a report from OHSAS on his medical fitness.

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 the licence holder on their own behalf and consideration of a letter of support which had been tabled by the licence holder, and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed to adjourn the hearing in relation to the fitness of Mr J H to be the holder of a Taxi Drivers Licence to await the report from OHSAS on the medical fitness of the licence holder and to continue the suspension of the Taxi Driver's Licence held by Mr J H during the intervening period with immediate effect.

Stewart HUNTER, Convener.