Licensing Committee - 05/09/2013

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th September, 2013.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 15th August, 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 19th June, 2013, 27th June, 2013, 1st July, 2013, 12th July, 2013, 25th July, 2013, 29th July, 2013, 7th August, 2013 and 8th August, 2013, were submitted for information and record purposes (Appendices I to VIII).

III REMIT FOR SUSPENSION HEARINGS TO LICENSING SUB-COMMITTEE

There was submitted Agenda Note AN101-2013 noting the substantial increase in the number of suspension hearings listed every month. These hearings were taking up a substantial amount of time at, and also prior to, each monthly meeting with the licence holders being written to by the Licensing Office to advise them of the requirement to attend or be represented at the meeting concerned. Also, because Police Scotland are bringing these cases to the Committees attention as soon as the licence holder is charged with any offence or identified as being responsible for actions subject to a complaint, the vast majority of hearings then require to be adjourned on numerous occasions whilst awaiting the outcome of associated criminal proceedings.

In order to reduce the amount of hearings being included on the agenda every month, it was proposed that the Committee remits any hearings not involving licences already subject to immediate suspension to the Sub-Committee to deal with. The Sub-Committee would have four special meetings each year to follow the January, March/April, June/July and October meetings of the Committee to consider these cases. This would (i) avoid the need for these cases to appear on the agenda (and the licence holders be invited to appear) other than when the Sub-Committee meets as outlined above; (ii) give more flexibility for any associated criminal proceedings to make progress in the intervening periods without cases being called back before the Committee every month as at present; (iii) reduce the number of persons who have to be written to each month to attend the Committee. Because of the different considerations which apply to cases where the licence is subject to an immediate suspension (and the need for such cases to be the subject of a hearing within six weeks), it was not proposed to alter the current practice of such hearings coming to the regular Committee meetings.

The Committee agreed to the above.

IV 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.

INDOOR SPORTS - NEW APPLICATION

LATE HOURS CATERING - NEW APPLICATIONS

Hours of operation are 11pm to 5am Mondays to Sundays (24 hour opening).

PET ANIMALS - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALERS - NEW APPLICATIONS

SKIN PIERCING AND TATTOOISTS - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATIONS

(b) LATE HOURS CATERING - NEW APPLICATION

The Committee agreed to defer the above application to the October meeting of this Committee.

(c) LATE HOURS CATERING - REQUEST FOR VARIATION AND RENEWAL

Reference was made to Article III(d)(i) of the minute of meeting of this Committee of 27th June, 2013, wherein it was agreed to defer consideration of the variation to change the hours to 4am Mondays to Sundays to allow the applicant to be in attendance and to await the outcome of the policy review.

The Committee agreed to defer the above application to the October meeting of this Committee.

Reference was made to Article V(c)(i) of the minute of meeting of this Committee of 6th June, 2013, wherein the Committee deferred consideration of the variation to change the hours to 3am Fridays and Saturdays and 3.30am during seasonal variations (of liquor premises licences) to allow for the renewal application to be dealt with at the same time. The application for renewal was advertised on 28th June, 2013 and no objections were received.

The Committee agreed to defer the above application to the October meeting of this Committee.

(d) REQUEST FOR VARIATION - PRIVATE HIRE OPERATORS

Reference was made to Article III(h) of the minute of meeting of this Committee of 27th June, 2013, wherein the Committee deferred consideration of the variation to allow Mr Suleman to attend. A request for variation was received to vary the Private Hire Operators Licence to allow a sign on the rear window of the vehicle. The translation service reported that the wording translates as Mushala (Protect from evil/may God protect).

The Committee, having heard from the Clerk, agreed to grant the variation.

The Committee agreed to a request for a variation to allow tinted windows.

The Committee, having heard from the applicant on their own behalf and the Clerk, agreed to grant a variation to allow display of a disc instead of a white plate and privacy glass.

(e) SECOND HAND DEALERS LICENCE - RENEWAL

The Committee agreed to defer the above application to the October meeting of this Committee.

The Committee, having taken account of objections, heard an agent on behalf of the applicant, the Chief Constables representative and the Committees Legal Adviser, agreed to grant the above application to 31st May, 2014.

(f) TAXI DRIVER'S LICENCE - NEW APPLICATION

The undernoted application had been received:-

The Committee noted that the above applicant had failed to pass their street test within the prescribed period and agreed to refuse the application.

(g) TAXI OPERATORS LICENCE - NEW APPLICATIONS

The undernoted applications had been received prior to the Committees decision to limit the number of taxis to 611 and not to grant any further applications.

In the case of Application Nos 1 and 2 and Nos 4 to 9, the Committee, having heard from the applicants on their own behalf and representatives, agreed to refuse the applications.

In the case of Application No 3, the Committee, having heard from a representative on behalf of the applicant, agreed to defer the application.

V HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 1 and Nos 2 to 4, the Committee, having heard from a representative of the Housing Department and the applicants on their own behalf, agreed to grant the applications.

In the case of Application No 5, the Committee, having heard from a representative of the Housing Department and from the applicant on their own behalf, Councillor Bidwell, seconded by Councillor Ferguson, moved to refuse the application. As an amendment, Councillor Alexander, seconded by Councillor Melville, moved to grant the application.

On a division, there voted for the motion - the Convener and Councillors Ferguson and Bidwell (3); and for the amendment - Councillors Alexander, Brennan, Melville and Cordell (4) - whereupon the amendment was carried granting the application.

In the case of Application No 6, the Committee, having heard from a representative of the Housing Department and from the applicant on their own behalf, Councillor Bidwell, seconded by Councillor Ferguson, moved to refuse the application. As an amendment, Councillor Alexander, seconded by Councillor Melville, moved to grant the application. On a division, there voted for the motion (3); and for the amendment (4) - as recorded in the division in the case of Application No 5 above - whereupon the amendment was declared carried.

In the case of Application No 7, the Committee, having heard from a representative of the Housing Department and from the applicant on their own behalf, Councillor Bidwell, seconded by Councillor Ferguson, moved to refuse the application. As an amendment, Councillor Alexander, seconded by Councillor Melville, moved to grant the application. On a division, there voted for the motion (3); and for the amendment (4) - as recorded in the division in the case of Application No 5 above - whereupon the amendment was declared carried.

In the case of Application No 8, the Committee, having heard from a representative of the Housing Department and from the applicant on their own behalf, Councillor Bidwell, seconded by Councillor Ferguson, moved to refuse the application. As an amendment, Councillor Alexander, seconded by Councillor Melville, moved to grant the application. On a division, there voted for the motion (3); and for the amendment (4) - as recorded in the division in the case of Application No 5 above - whereupon the amendment was declared carried.

In the case of Application No 9, the Committee, having heard from a representative of the Housing Department and from the applicant on their own behalf, Councillor Bidwell, seconded by Councillor Ferguson, moved to refuse the application. As an amendment, Councillor Alexander, seconded by Councillor Melville, moved to carry this application. On a division, there voted for the motion (3); and for the amendment (4) - as recorded in the division in the case of Application No 5 above - whereupon the amendment was declared carried.

In the case of Application No 10, the Committee, having heard from a representative of the Housing Department and from the applicant on their own behalf, Councillor Bidwell, seconded by Councillor Ferguson, moved to refuse the application. As an amendment, Councillor Alexander, seconded by Councillor Melville, moved to grant the application. On a division, there voted for the motion (3); and for the amendment (4) - as recorded in the division in the case of Application No 6 above - whereupon the amendment was declared carried.

In the case of Application Nos 11 to 14, the Committee, having heard from a representative of the Housing Department and from the applicants on their own behalf, agreed to grant the applications.

In the case of Application No 15, the Committee, having taken into account an objection and heard from a representative of the Housing Department and the applicant on their own behalf, agreed to grant the application.

In the case of Application No 16, the Committee, having taken into account an objection and heard from a representative of the Housing Department and the applicant on their own behalf, agreed to refuse the application.

The Committee agreed to defer the undernoted applications:-

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted requests for variation:-

In the case of Application Nos 1 to 8, the Committee, having heard from a representative of the Housing Department and the applicants on their own behalf, agreed to grant the applications.

(c) HOUSES IN MULTIPLE OCCUPATION - UPDATES

Reference was made to Article IV(a)(xxiv) of the minute of meeting of this Committee of 2nd May, 2013, wherein it was decided to grant the application but to recall in three months with an update from the Private Sector Services Manager.

The Committee, having heard from objectors, a representative of the Housing Department and the licence holder on their own behalf, agreed to take no further action.

Reference was made to Article V(b)(iii) of the minute of meeting of this Committee of 7th March, 2013, wherein it was decided to grant the variation application but to recall in six months with an update from the Private Sector Services Manager.

The Committee, having heard from a representative of the Housing Department and the licence holder on their own behalf, agreed to take no further action.

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.

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

(i) Reference was made to Article VII(i) of the minute of meeting of this Committee held on 27th June, 2013, wherein it was agreed to defer consideration of the application to allow the applicant, Mr A G to be in attendance.

The Committee, having heard from a representative of the Housing Department and an agent on behalf of the applicant, agreed to refuse the application.

(ii) Reference was made to Article VII(ii) of the minute of meeting of this Committee held on 27th June, 2013, wherein it was agreed to defer consideration of the application to allow the applicant Mrs R G to be in attendance.

The Committee, having heard from a representative of the Housing Department and an agent on behalf of the applicant, agreed to refuse the application.

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

Reference was made to Article VIII of the minute of meeting of this Committee held on 27th June, 2013, wherein it was agreed to defer the matter in relation to Mr J C until the meeting of this Committee to be held in September, 2013.

Thereafter, the Committee, having heard from a representative of the Housing Department and an agent on behalf of the licence holder, agreed to take no further action.

VIII HOUSING (SCOTLAND) ACT 2006

(a) REVOCATION HEARINGS

Reference was made to Article IX of the minute of meeting of this Committee held on 27th June, 2013, wherein it was agreed to defer the matter in relation to Mr J C until the meeting of this Committee to be held in September, 2013.

Thereafter, the Committee, having heard from a representative of the Housing Department, an agent on behalf of the licence holder and the Committee's Legal Adviser, agreed to take no further action.

(b) HOUSES IN MULTIPLE OCCUPATION NEW APPLICATIONS

There was submitted the undernoted application:-

In the case of Application No 1, the Committee, having heard from a representative of the Housing Department and an agent on behalf of the applicant, agreed to defer the application.

(c) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS (INCLUDING APPOINTMENT OF NEW MANAGER)

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 10, the Committee, having heard from a representative of the Housing Department and an agent on behalf of the licence holder, agreed to grant the applications.

(d) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

In the case of Application Nos 1 to 5, the Committee, having heard from a representative of the Housing Department and an agent on behalf of the applicant, agreed to grant the applications.

IX CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SKIN PIERCING AND TATTOOING LICENCE - RENEWAL

Reference was made to Article V(a) of the minute of meeting of this Committee of 6th December, 2012, wherein it was agreed to grant the application to Mr F D and to bring the renewal back to the Committee for an update.

The Committee, having heard from the Clerk, agreed to take no further action.

(b) SECOND HAND DEALERS LICENCE - NEW APPLICATION

There was submitted an application by Mr W L for a Second Hand Dealers Licence.

The Committee, having heard from the Chief Constables representative and the applicant on their own behalf, agreed to refuse the above application.

(c) REQUEST FOR VARIATION - TAXI OPERATOR

There was submitted a request from Mr J H for a variation to his Taxi Operators Licence.

The Committee, having heard from a representative on behalf of the applicant and the Committee's Legal Adviser, agreed to refuse the variation.

(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) Reference was made to Article VII(b)(i) of the minute of meeting of this Committee held on 7th March, 2013, wherein it was agreed to grant a temporary licence to Mr R H until 5th September, 2013 and to recall the application for an update from the police.

The Committee, having heard from the Chief Constables representative and the licence holder on their own behalf, agreed to grant the above application to 31st May, 2014.

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

The Committee, having heard from the Committee's legal adviser, agreed to defer the above application.

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

The Committee, having heard from the Clerk, agreed to defer the above application.

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

The Committee, having heard from the Chief Constables representative and a representative on behalf of the applicant, agreed to defer the above application to the October meeting of this Committee.

(v) Reference was made to Article VIII(b)(ii) of the minute of meeting of this Committee of 7th March, 2013, wherein it was agreed to grant Mr R K a Taxi Drivers Licence for a period of six months and to recall the application for an update from the police.

The Committee, having heard from the Chief Constables representative and a representative on behalf of the applicant, agreed to grant the application to 31st May, 2014.

(vi) Reference was made to Article V(c)(i) of the minute of meeting of this Committee of 7th February, 2013, wherein it was agreed to grant Mr S S a Taxi Drivers Licence but to recall the application for an update from the police.

The Committee, having heard from the Chief Constables representative and a representative on behalf of the applicant, agreed to grant the application to 31st May, 2014.

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article VIII(d)(ii) of the minute of meeting of this Committee of 7th March, 2013, wherein the Committee agreed to adjourn the hearing in relation to Mr J A to allow the outstanding monies to be paid and to report back every six months.

The Committee, having heard from the Clerk agreed to continue the hearing for six months to allow the licence holder to continue making payments.

(ii) Reference was made to Article IX(d)(xix) of the minute of meeting of this Committee of 27th June, 2013, wherein the Committee deferred consideration of the hearing to allow Mr M A to be in attendance.

The Committee, having heard from the Clerk, agreed to defer the hearing to the October meeting of this Committee.

(iii) Reference was made to Article II(c)(i) of the minute of meeting of this Committee of 25th July, 2013, wherein the Committee agreed to defer consideration of the hearing to allow Mr J B to attend OHSAS for a medical.

The Committee, having heard from the Clerk, agreed to defer the hearing to the October meeting of this Committee and to suspend the licence with immediate effect until then.

(iv) Reference was made to Article IX(d)(i) of the minute of meeting of this Committee of 27th June, 2013, wherein the Committee agreed to defer consideration of the hearing to allow Mr G B to be in attendance.

The Committee, having heard from the Clerk, agreed to defer the hearing to the meeting of the Licensing Sub-Committee in October 2013.

(v) Reference was made to Article II(iii) of the minute of meeting of the Licensing Sub‑Committee of 27th June, 2013, wherein it was agreed that a hearing be held in relation to the fitness of Mr N B to be the holder of a Taxi Drivers Licence.

The Committee, having heard from a representative of the licence holder and the Clerk, agreed to defer the hearing to the October meeting of the Licensing Sub-Committee.

(vi) Reference was made to Article VII(d)(iii) of the minute of meeting of this Committee of 2nd May, 2013, wherein the Committee agreed to defer the hearing in respect of Mr R B for six months.

The Committee, having heard from the Chief Constable's representative and the Clerk, agreed to issue a written warning.

(vii) Reference was made to Article IX(d)(iii) of the minute of meeting of this Committee of 27th June, 2013, wherein the Committee agreed to continue suspension of the Taxi Driver's Licence held by Mr S D with immediate effect and to adjourn the hearing until the meeting of this Committee to be held in September, 2013.

The Committee, having heard from the Clerk, agreed to defer the hearing to the January meeting of this Committee and to suspend the licence with immediate effect until then.

(viii) Reference was made to Article VII(d)(xii) of the minute of meeting of this Committee of 2nd May, 2013, wherein the Committee deferred consideration of the hearing in respect of Mr J McG to the September meeting of this Committee.

The Committee, having heard from the licence holder on his own behalf, agreed to defer the hearing for six months.

(ix) Reference is made to Article X(e)(x) of the minute of meeting of this Committee of 6th June, 2013, wherein the Committee agreed to recall the immediate suspension of Mr R McLs Taxi Drivers Licence and recall the hearing on a monthly basis.

The Committee, having heard from the Clerk, agreed to defer the hearing to a meeting of the Licensing Sub-Committee.

(x) Reference was made to Article IX(d)(xi) of the minute of meeting of this Committee of 27th June, 2013, wherein the Committee deferred consideration of the hearing to the meeting of this Committee to be held in September, 2013 to allow the licence holder, Mr J McL to be in attendance and to await the outcome of criminal proceedings.

The Committee, having heard from the Chief Constable's representative and the licence holder on their own behalf, agreed to defer the hearing to the Licensing Sub-Committee.

(xi) Reference is made to Article X(e)(xi) of the minute of meeting of this Committee of 6th June, 2013, wherein the Committee agreed that the Taxi Drivers 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 and 7th May, 2013 to the meeting of this Committee to be held on 5th September, 2013.

The Committee, having heard from the Clerk, agreed to suspend the licence held by Mr B McL for the unexpired portion of his licence to take effect from 6th December, 2013.

(xii) Reference was made to Article IX(d) of the minute of meeting of this Committee of 27th June, 2013, wherein the Committee deferred consideration of the hearing to allow the licence holder Mr G McN to be present.

The Committee, having heard from the Environmental Compliance Manager, agreed to take no action.

(xiii) Reference was made to Article X(e)(xii) of the meeting of this Committee of 6th June, 2013, wherein the Committee agreed to adjourn the hearing 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 Drivers Licence held by Mr S N during the intervening period with immediate effect.

The Committee, having heard from the Clerk, agreed to continue the immediate suspension and defer the hearing to the Licensing Sub-Committee.

(xiv) Reference was made to Article X(e) of the minute of meeting of this Committee of 6th June, 2013, wherein the Committee agreed to adjourn the hearing in respect of Mr D O to the meeting of this Committee to be held on 5th September, 2013, to await the outcome of court proceedings.

The Committee, having heard from the Chief Constable's representative and a representative on behalf of the licence holder, agreed to defer the hearing to the Licensing Sub-Committee.

(xv) Reference was made to Article IX(d)(xv) of the minute of meeting of this Committee of 27th June, 2013, wherein the Committee agreed to adjourn the hearing until the meeting of this Committee on 5th September, 2013 and to continue the immediate suspension of the Taxi Drivers Licence held by Mr S U with immediate effect.

The Committee, having heard from the Chief Constable's representative and a representative on behalf of the licence holder, agreed to recall the immediate suspension and defer the hearing to the October meeting of the Licensing Sub-Committee.

(xvi) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 27th June, 2013, wherein it was agreed to hold a hearing in relation to the fitness of Mr C W to be the holder of a Taxi Drivers Licence.

The Committee, having heard from the Clerk, agreed to defer the hearing to the Licensing Sub‑Committee.

(xvii) Reference was made to Article IX(d)(xvi) of the minute of meeting of this Committee of 27th June, 2013, wherein the Committee agreed to adjourn the hearing until the meeting of this Committee to be held in September, 2013 to allow the licence holder, Mr C G and the complainer to be present.

The Committee, having heard from the Clerk, agreed to suspend the licence held by Mr C G for two weeks.

(xviii) Reference was made to Article IX(d)(xvii) of the minute of meeting of this Committee of 27th June, 2013, wherein the Committee agreed to adjourn the hearing until the meeting of this Committee to be held in September, 2013 to allow the licence holder, Mr C K and the complainer to be present.

The Committee, having heard from the Clerk, agreed to suspend the licence held by Mr C K for two weeks.

(f) TAXI DRIVER/TAXI OPERATORS LICENCES - SUSPENSION HEARINGS

(i) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee of 8th August, 2013, wherein the Sub-Committee agreed that the Taxi Drivers Licence held by Mr T F be suspended with immediate effect and that a suspension hearing be convened in due course in relation to the fitness of Mr T E to be the holder of a Taxi Drivers Licence.

The Committee, having heard from the Chief Constable's representative and a representative of the licence holder, agreed to continue the immediate suspension and defer the hearing to the October meeting of this Committee.

(ii) Reference was made to Article X(d)(ii) of the minute of meeting of this Committee of 6th June, 2013, wherein the Committee agreed to adjourn the hearing in respect of Mr J F until the meeting of this Committee to be held on 5th September, 2013.

The Committee, having heard from the Clerk, agreed to defer the hearing to the Licensing Sub‑Committee.

(iii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee of 7th August, 2013, wherein the Sub-Committee agreed that the Taxi Operators Licence held by Mr A M be suspended with immediate effect and a suspension hearing be convened in relation to the fitness of Mr A M to be the holder of a Taxi Drivers Licence and a Taxi Operators Licence.

The Committee, having heard from the Chief Constable's representative and the licence holder on their own behalf, agreed to recall the suspension of Mr A M's Taxi Driver's Licence and continue the immediate suspension of his Taxi Operator's Licence to the October meeting of this Committee.

Stewart HUNTER, Convener.

APPENDIX I

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

Present:-

Councillor David BOWES

Councillor John ALEXANDER

Councillor Lesley BRENNAN

Councillor David BOWES, Depute 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

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J C during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. 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 C be suspended with immediate effect and that a suspension hearing be convened in due course in relation to the fitness of Mr J C to be the holder of a Taxi Driver's Licence. No action would be taken to the Taxi Operator's Licence held by Mr J C during the intervening period.

David BOWES, Depute Convener.

APPENDIX II

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 27th June, 2013.

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 DRIVERS LICENCE - REQUEST FOR HEARING

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

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr C W 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 S U during the currency of his Taxi Driver's Licence.

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

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

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

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

Stewart HUNTER, Convener.

APPENDIX III

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 1st July, 2013.

Present:-

Councillor David BOWES

Councillor Kevin CORDELL

Councillor Mohammed ASIF

Councillor David BOWES, Depute 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

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J B 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 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 B be suspended with immediate effect and that a suspension hearing be convened in due course in relation to the fitness of Mr J B to be the holder of a Taxi Driver's Licence.

David BOWES, Depute Convener.

APPENDIX IV

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 12th July, 2013.

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 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 C M 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 the Taxi Driver's Licence held by Mr C M be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr C M to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

APPENDIX V

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

Present:-

Councillor Stewart HUNTER

Councillor Jimmy BLACK

Councillor Laurie BIDWELL

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 DRIVERS LICENCE - REQUEST FOR HEARING

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

The Sub-Committee gave consideration to the content of the letter submitted by the Environmental Compliance Manager. Thereafter, the Sub-Committee agreed that a suspension hearing be convened in due course in relation to the fitness of Mr W S 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 J H 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 J H to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

APPENDIX VI

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 29th July, 2013.

Present:-

Councillor Stewart HUNTER

Councillor John ALEXANDER

Councillor Tom FERGUSON

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted 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

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M A 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 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 M A be suspended with immediate effect and that a suspension hearing be convened in due course in relation to the fitness of Mr M A to be the holder of a Taxi Driver's Licence.

David BOWES, Depute Convener.

APPENDIX VII

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

Present:-

Councillor David BOWES

Councillor John ALEXANDER

Councillor Lesley BRENNAN

Councillor David BOWES, Depute 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 AND TAXI OPERATORS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A M during the currency of his Taxi Driver's Licence and Taxi Operators Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. 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 and the Taxi Operators Licence held by Mr A M be suspended with immediate effect and a suspension hearing be convened in due course in relation to the fitness of Mr A M to be the holder of a Taxi Driver's Licence and a Taxi Operators Licence.

David BOWES, Depute Convener.

APPENDIX VIII

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 8th August, 2013.

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 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 OPERATORS LICENCE AND TAXI DRIVERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr T F during the currency of his Taxi Driver's Licence and Taxi Operators Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. 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 Drivers Licence held by Mr T F be suspended with immediate effect and that a suspension hearing be convened in due course in relation to the fitness of Mr T F to be the holder of a Taxi Driver's Licence. No action would be taken in relation to the Taxi Operators Licence held by Mr T F during the intervening period.

Stewart HUNTER, Convener.