Licensing Committee - 07/11/2013
At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th November, 2013.
Present:-
COUNCILLORS
John ALEXANDER |
David BOWES |
Georgia CRUICKSHANK |
Jimmy BLACK |
Stewart HUNTER |
Tom FERGUSON |
|
Laurie BIDWELL |
|
Councillor Stewart HUNTER, Convener, in the Chair.
The minute of meeting of this Committee of 3rd October, 2013 was held as read.
Unless marked thus * all items stand delegated.
I DECLARATION OF INTEREST
There were no declarations of interest.
ll MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE
The minutes of meetings of the Licensing Sub-Committee held on 5th September, 2013, 3rd October, 2013, 16th October, 2013 and 22nd October, 2013 were submitted for information and record purposes. (Appendices I, II, III and IV).
lll MINUTE OF TAXI LIAISON GROUP
The minute of meeting of the Taxi Liaison Group held on 21st May, 2013 was submitted for information and record purposes. (Appendix V).
IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS
LATE HOURS CATERING - NEW APPLICATIONS
No |
Name |
Address of Premises
|
1 |
Adam Pyrek |
Food Temple, 124A Hilltown |
PET ANIMALS - NEW APPLICATION
No |
Name |
Address of Premises
|
1 |
Pets at Home |
Unit 3A, Kingsway East Retail Park |
PRIVATE HIRE OPERATORS - NEW APPLICATION
No |
Name |
Address
|
1 |
Skycabs Direct |
13 Bellisle Drive |
PUBLIC ENTERTAINMENT - NEW APPLICATIONS
No |
Name |
Address of Premises
|
1 |
James Dunlop |
Kirkton Community Centre (18/10/2013) |
2 |
James Dunlop |
Kirkton Community Centre (21/10/2013) |
3 |
DUSA |
Heathfield Car Park (21/09/2013) |
4 |
Charles Horne |
Caird Park (26/09/2013 to 08/10/2013) |
5 |
Charles Horne |
Riverside (12/09/2013 to 22/09/2013) |
6 |
Pachamama Productions |
26A Lewis Terrace (20/09/2013 to 25/09/2013) |
SKIN PIERCING AND TATTOOISTS - NEW APPLICATION
No |
Name |
Address
|
1 |
Margaret McManus |
G/2, 38 Buttar's Place |
TAXI DRIVER - NEW APPLICATIONS
No |
Name |
Address
|
1 |
Brian Currie |
28 Bowbridge Place |
2 |
Peter Duff |
1/L, 2 Wiston Place |
3 |
William Kelly |
10 Clement Park Road |
4 |
Craig Lafferty |
21B Craigmount Place |
5 |
Ian McKenzie |
24 North Balmossie Street |
5 |
Andrew Sturrock |
99 Balunie Drive |
6 |
Christopher Webster |
11 Haddington Avenue |
TAXI OPERATOR - NEW APPLICATION
No |
Name |
Address
|
1 |
William Kelly |
10 Clement Park Road |
(b) LATE HOURS CATERING - REQUEST FOR VARIATION
No |
Name |
Address of Premises
|
1 |
Sanat Ghatak |
Shaheen, 102 Nethergate |
The Committee agreed to grant a variation to amend opening hours to 3.30 am Mondays to Sundays.
(c) STREET TRADERS LICENCE - REQUEST FOR VARIATION
No |
Name |
Address
|
1 |
Eve-Lynn Fraser |
42 Blacklock Crescent |
The Committee agreed to grant a variation to remove Conditions 9 and 10 in relation to the stated location, Arrol Road, until May, 2014 only.
(d) TAXI DRIVER LICENCE - NEW APPLICATIONS
No |
Name |
Address
|
1 |
Mark Finnegan |
44 Viewmount, Forfar |
Reference was made to Article lll(e)(ii) of the minute of meeting of this Committee of 2nd May, 2013, wherein the applicant was granted a temporary licence for three months from receipt of his UTRN.
The Committee, having heard from the Clerk, agreed to grant the above application.
2 |
Farhan Saif |
341 Craigie Drive |
The Committee agreed to refuse the above application on the grounds that the above applicant had failed to pass his street test within the prescribed period.
V HOUSING SCOTLAND ACT 2006
(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
The undernoted applications had been received:-
No |
Name |
Person Responsible |
Address
|
1 |
Cameron Watson |
Brian Webster t/a Downfield Property Company |
G/0, 10 Dudhope Street |
The Committee, having heard from the applicant on their own behalf and the Director of Housings representative, agreed to grant the above application but to recall in six months for an update.
2 |
Stephen Brown and Elizabeth Van Beek |
2 Rent Me Property Ltd/ Richard Hawkins |
4/2, 45 Commercial Street |
The Committee, having heard from the Director of Housings representative and the applicant on their own behalf, agreed to grant the above application.
3 |
Alistair R J Dick |
2 Rent Me Property Ltd/ Richard Hawkins |
216 Perth Road |
The Committee, having heard from the applicant on their own behalf and the Director of Housings representative, agreed to grant the above application.
4 |
Iain and Susan MacLean |
Rossclare Lettings/Neil Thomson |
29 Springfield |
The Committee, having heard from the applicant on their own behalf and the Director of Housings representative, agreed to grant the above application.
5 |
Duncan and Christine Fitch |
Grant Property Solutions Ltd/ Peter Grant |
25 Union Place |
The Committee, having heard from the applicants' representative and the Director of Housings representative, agreed to grant the above application.
6 |
Stephen and Doreen Hainey and Dermot Healy |
Easylets Ltd/Jack Reavley |
13 King Street |
The Committee, having heard from the applicants representative and the Director of Housings representative, agreed to grant the above application.
The Committee agreed to defer the undernoted applications:-
No |
Name |
Address
|
7 |
Archibald and Anna Fleming |
1st Floor, 1 South Tay Street |
8 |
Julie Robertson |
4/1, 93 Arbroath Road |
9 |
Alistair Dalgleish |
46 South Victoria Dock Road |
10 |
West One Properties (UK) Ltd |
Flat 10, 2 Blinshall Street |
11 |
West One Properties (UK) Ltd |
54 Horsewater Wynd |
12 |
West One Properties (UK) Ltd |
Flat 16, 2 Blinshall Street |
13 |
West One Properties (UK) Ltd |
Flat 4, 2 Blinshall Street |
14 |
West One Properties (UK) Ltd |
34 Horsewater Wynd |
15 |
Barbara and Geoffrey Say |
4/2, 94 Commercial Street |
16 |
Maryann Burns |
2/2, 94 Commercial Street |
17 |
Gerard Burns |
3/2, 94 Commercial Street |
18 |
Tayside University Hospitals NHS Trust |
Ninewells Hospital |
19 |
Abdul A I Ibrahim |
2/1, 40 Union Street |
20 |
Muhammad Y Sorathia and Muhammad Z Sorthya |
2nd Floor, 8 Castle Street |
21 |
Mahomed Amin Ossman Aziz Satar |
2/0, 34 Forest Park Place |
22 |
Mark and Ruth Bailey |
2/2, 5 Baxter Park Terrace |
23 |
Garry and Gordon Lees |
Flat 1, Hillbank Halls, 1A Constitution Street |
24 |
Garry and Gordon Lees |
Flat 2, Hillbank Halls, 1A Constitution Street |
25 |
Garry and Gordon Lees |
Flat 3, Hillbank Halls, 1A Constitution Street |
26 |
Garry and Gordon Lees |
Flat 4, Hillbank Halls, 1A Constitution Street |
27 |
Garry and Gordon Lees |
Flat 5, Hillbank Halls, 1A Constitution Street |
28 |
David Simpson |
Flat J, 13 Dudhope Street |
29 |
Balgowan Investments Ltd |
3/1, 7 Roseangle |
30 |
Balgowan Investments Ltd |
3/2, 7 Roseangle |
(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS
1 |
2/2, 58 Seafield Road |
Change of day to day manager to Easylets Ltd/Jack Reavley.
|
2 |
32 Lytton Street |
Change of day to day manager to Easylets Ltd/Jack Reavley.
|
3 |
6 Rankine Street |
Change of day to day manager to Cornerstone/Freda Bennett.
|
4 |
1/2, 351 Clepington Road |
Change of day to day manager to Finlayson Gore Ltd/Eilidh McLeod.
|
5 |
2/R, 351 Clepington Road |
Change of day to day manager to Finlayson Gore Ltd/Eilidh McLeod.
|
6 |
3/1, 54 Bell Street |
Change of day to day manager to Finlayson Gore Ltd/Eilidh McLeod.
|
7 |
3/2, 43 Union Street |
Change of day to day manager to Nicholas Irwin.
|
8 |
Opal 1, 15 Parker Street, Flats A1 - A7, B1 - B15, C3 - C17, D6 - D22, E1, E4 - E20 and F1 - F9 |
Change to day to day manager to CRM Parker Street/ Joanne Anderson. |
In this case of Application Nos 1 to 6 and 8, there being no objections, the Committee agreed that the applications be granted.
In the case of Application No 7, the Committee agreed to defer the application to the December meeting of this Committee and requested the attendance of Mr Nicholas Irwin.
(c) MANDATORY LICENSING OF HOUSES IN MULTIPLE OCCUPATION FEES
There was submitted Agenda Note AN123-2013 where reference was made to Article II(c) of this Committee of 28th March, 2013 when fees in respect of Houses in Multiple Occupation were approved with no increase for 2013/2014.
The fees for the licensing of HMOs included a fee payable to the then Tayside Fire and Rescue Service in respect of inspections carried out by them. The Scottish Fire and Rescue Service had however recently indicated that fees would no longer be charged by them in respect of these inspections, effective from the 1st April, 2013, although there would be no change to the inspection and reporting regime.
The Committee was asked to formally approve the following revised initial and validation fee scales for HMOs, for the remainder of this financial year, which had been reduced to take account of the previous Fire and Rescue Service fee:-
|
INITIAL FEE |
VALIDATION FEE |
||||
Occupancy Level |
Basic Fee |
Additional Inspection Fee |
Basic Fee |
Additional Inspection Fee |
||
Current |
Proposed |
Current |
Proposed |
|||
3 to 5 persons |
1,140 |
1,000 |
58 |
960 |
890 |
58 |
Up to 10 persons |
1,240 |
1,060 |
58 |
960 |
890 |
58 |
Up to 20 persons |
1,440 |
1,260 |
58 |
1,160 |
1,070 |
58 |
Up to 30 persons |
1,640 |
1,360 |
58 |
1,160 |
1,070 |
58 |
Up to 40 persons |
1,840 |
1,560 |
58 |
1,160 |
1,070 |
58 |
Up to 50 persons |
2,040 |
1,760 |
58 |
1,160 |
1,070 |
58 |
Up to 75 persons |
2,540 |
2,260 |
58 |
1,460 |
1,320 |
58 |
Up to 100 persons |
3,040 |
2,670 |
58 |
1,460 |
1,320 |
58 |
Up to 200 persons |
5,040 |
4,670 |
58 |
1,460 |
1,320 |
58 |
Over 200 persons |
7,040 |
6,670 |
58 |
1,460 |
1,320 |
58 |
The Committee was further asked to formally approve the reimbursement of the relevant Fire and Rescue element of the fees paid by those applicants who had paid their fees since 1st April, 2013.
The Committee agreed to approve the above fees, subject to review for the 2014/2015 Financial Year.
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 CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) REQUEST FOR VARIATION - TAXI OPERATOR
There was submitted a request for variation from Mr M S, together with a letter from the applicants GP.
The Committee, having heard from the applicant on their own behalf and the Committee's Legal Adviser, agreed to defer the above application to the December meeting of this Committee.
(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
(i) The Committee agreed to defer the application in respect of Mr J I having noted that the applicant was not present.
(ii) The Committee, having heard from the Chief Constables representative and the applicants representative, agreed to defer the above application to the December meeting of this Committee in respect of Mr J K for the applicant to provide additional information regarding one of the incidents in the police letter, together with his medical certificate and UTRN.
(iii) The Committee, having heard from the Chief Constables representative, the applicants representative and the Committee's Legal Adviser, agreed to grant the above application for two months, subject to proof of UTRN being produced and to be referred back to the January, 2014 meeting of this Committee for an update in respect of Mr J McL.
(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING
(i) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee of 22nd October, 2013, wherein Mr S Ds licence was suspended with immediate effect.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S D during the currency of his Taxi Drivers Licence.
The Committee, having heard from the Chief Constables representative, an agent on behalf of the licence holder and the Committee's Legal Adviser, agreed to lift the immediate suspension, to take no further action with regard to the letter of complaint and refer the application back to this Committee at time of renewal of licence.
(ii) Reference was made to Article IX(d)(v) of the minute of meeting of this Committee of 27th June, 2013, wherein Mr D F was issued with a final written warning.
The Committee, having heard from the Director of Environments representative, the licence holder on his own behalf and the Committee's Legal Adviser, agreed to defer the hearing to the December meeting of this Committee.
(iii) Reference was made to Article V(d)(viii) of the minute of meeting of this Committee of 3rd October, 2013, wherein it was agreed to defer consideration of the hearing in respect of Mr J H.
Thereafter, the Committee, having taken into account the final report from OHSAS, heard from the Chief Constables representative, a representative on behalf of the licence holder and the Committee's Legal Adviser, agreed to lift the immediate suspension and recall to the January, 2014 meeting of the Committee for an update.
(iv) Reference was made to Article VII(d)(ix) of the minute of meeting of this Committee of 2nd May, 2013, wherein the Committee suspended Mr J J's Taxi Drivers Licence. The Sheriff had remitted the hearing back to be re-considered.
Thereafter, the Committee, having heard from the Chief Constables representative, the licence holder on their own behalf and the Committee's Legal Adviser, agreed to issue a written warning and refer the renewal application to the full Committee.
(v) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee of 16th October, 2013, wherein the Taxi Drivers Licence held by Mr C S was suspended with immediate effect.
The Committee agreed to defer the hearing to the meeting of this Committee on 5th December, 2013, for the licence holder to appear.
Stewart HUNTER, Convener.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 5th September, 2013.
APPENDIX I
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 HEARINGS
(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Ms H C during the currency of her 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 Ms H C to be the holder of a Taxi Drivers licence.
(ii) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr G M during the currency of his Taxi Drivers 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 hearing be convened in due course in relation to the fitness of Mr G M to be the holder of a Taxi Drivers Licence.
(iii) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr D F during the currency of his Taxi Drivers 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 hearing be convened in due course in relation to the fitness of Mr D F to be the holder of a Taxi Drivers Licence.
(iv) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S N during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr S N to be the holder of a Taxi Drivers Licence.
(v) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M A 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, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr M A to be the holder of a Taxi Drivers Licence.
(vi) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr R R 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 R R to be the holder of a Taxi Drivers Licence.
(vii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Ms S G during the currency of her 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 Ms S G to be the holder of a Taxi Drivers Licence.
(viii) 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 Drivers Licence.
(ix) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G 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 G B to be the holder of a Taxi Drivers Licence.
(b) TAXI DRIVER'S AND TAXI OPERATORS LICENCES - REQUEST FOR HEARINGS
(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 and Operator'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 M A to be the holder of a Taxi Drivers and Taxi Operators Licence.
(ii) 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 and Taxi Operators 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 Drivers and Taxi Operators Licence.
III INDISCRIMINATE PARKING IN NETHERGATE
There was submitted a note of information from the Licensing Department relative to the conduct of Mr B G, Mr B R and Mr M M during the currency of their Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the note submitted by the Licensing Department. The Sub-Committee noted that the licence holders had been observed parking indiscriminately and they had been previously warned to stop the practice. Thereafter, the Sub‑Committee agreed that a final written warning be issued to Mr B G and Mr B R and to hold a hearing in respect of Mr M M.
IV ANTI-SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004 - REGISTRATION OF CERTAIN LANDLORDS
There was submitted a letter of information from the Chief Constable relative to the conduct of Mr P J during the currency of his HMO 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 P J to be the holder of an HMO Licence.
Stewart HUNTER, Convener.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 3rd October, 2013.
APPENDIX Il
Present:-
Councillor Stewart HUNTER
Councillor David BOWES
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) INDISCRIMINATE PARKING IN NETHERGATE
There was submitted a note of information from the Licensing Department relative to the conduct of the following taxi drivers during the currency of their Taxi Driver's Licences.
(i) Mr T A
(ii) Mr J D
(iii) Mr J D
(iv) Ms L S
(v) Mr D F
The Sub-Committee gave consideration to the content of the note submitted by the Licensing Department. The Sub-Committee noted that the licence holders had been observed parking indiscriminately and that they had all been previously warned top stop the practice. Thereafter, the Sub-Committee agreed:-
(i) that final written warnings be issued to Mr T A, Mr J D and Mr J D and to note that any further infringements would result in requests for hearings in relation to their fitness to be the holders of Taxi Driver's Licences; and
(ii) that hearings be held in relation to the fitness of Ms L S and Mr D F to be the holders of Taxi Drivers Licences.
(b) TAXI DRIVERS LICENCE - REQUEST FOR HEARINGS
(i) 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, the Sub-Committee agreed that a 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.
(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M P 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 M P 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 R I 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 a hearing be held in due course in relation to the fitness of Mr R I to be the holder of a Taxi Driver's Licence.
Stewart HUNTER, Convener.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 16th October, 2013.
APPENDIX Ill
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 IMMEDIATE SUSPENSION
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C S 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 C S be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr C S to be the holder of a Taxi Drivers Licence.
Stewart HUNTER, Convener.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 22nd October, 2013.
APPENDIX IV
Present:-
Councillor Stewart HUNTER
Councillor David BOWES
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 IMMEDIATE SUSPENSION
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S D 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 S D be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr S D to be the holder of a Taxi Driver's Licence.
Stewart HUNTER, Convener.
At a MEETING of the TAXI LIAISON GROUP held at Dundee on 21st May, 2013.
APPENDIX V
Present:-
DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES
Stuart GALLOWAY, Principal General Services Officer, Corporate Services Department
Brian WOODCOCK, Senior Solicitor, Licensing, Corporate Services Department
Neil GELLATLY, City Development Department
TAXI TRADE REPRESENTATIVES
Steve CASHLEY, Dundee 505050 Taxis
Doug INGLIS (for David YOUNG, Dundee Private Hire 203020 Ltd)
Graeme STEPHEN, Dundee Taxi Association
Geordie HARRIS, Tay Taxis
John CURRAN, Tele Taxis
Chris ELDER, Unite The Union
POLICE SCOTLAND REPRESENTATIVES
Fiona JARRETT (Inspector)
Cammy FORBES (Constable)
John CALDWELL (Constable)
Also in attendance:-
Stewart MURDOCH, Director, Leisure and Communities, Dundee City Council
Stewart DODD, Environment Department, Dundee City Council
Stuart GALLOWAY, in the Chair.
l MINUTE OF PREVIOUS MEETING
The minute of meeting of the Taxi Liaison Group held on 18th December, 2012 was submitted and noted for information and record purposes.
II DUNDEE CITY COUNCIL
Items on agenda at request of Dundee City Council:-
(a) CITY OF CULTURE BID
Stewart Murdoch, Director, Leisure and Communities, Dundee City Council reported on the progress of the bid for Dundee to be named the City of Culture. Mr Murdoch advised of the help and assistance provided by members of the public in this regard and further advised the representatives of the Taxi Trade within Dundee that they too could make a positive contribution and to seek their assistance with the ambassadorial role they play for visitors to the City and the positive impressions they could convey. Mr Murdoch highlighted what the bid could mean for Dundee and the positive benefits by way of bringing increased income to the City. The Group noted the report and agreed that a review of the conditions for dress code be undertaken.
(b) TAXI TEST GUIDANCE
Stuart Galloway reported on Taxi Test Guidance. The Group noted the content of the guidance and that this would take effect from 1st June, 2013.
(c) METER TESTS
Stuart Galloway reported on meter tests.
The Group noted that feedback on the new arrangements had been positive.
(d) SURVEY
Stuart Galloway reported on the progress of the survey.
The Group noted that Halcrow had been awarded the contract as they provided the best value. Rank surveys and passenger questionnaires would be carried out. The final report would be available in time for the meeting on 27th June, 2013. An Annual update had also been completed and updates were on the website.
The Group noted the report.
(e) DRIVER TRAINING
Stuart Galloway reported on the progress of driver training.
The Group noted that feedback was awaited and that consultation on the content of the test had been undertaken with the Scottish Qualification Association and Napier University.
III POLICE SCOTLAND (TAYSIDE DIVISION)
Items on agenda at request of Police Scotland (Tayside Division):-
(a) THE ISSUE OF PLATES AT TIME OF VEHICLE TEST
Constable John Caldwell reported that some operators were not producing insurance documents when attending at the cabs office for paperwork prior to testing. In most of these occasions, the vehicles were tested and the relevant certificate of fitness were passed back to the cabs office for retention pending the production of required documentation. The plate was affixed to the vehicle and the operator could ply for hire.
In a number of occasions, the operator had to be reminded to attend at the cabs office to produce documentation and uplift certificate, some certificates lay for several months. It was accepted that V5 documents could take several weeks to be dispatched from DVLA. There would be no change to the current procedure in this case.
The Group agreed:-
(i) that in circumstances where no insurance was produced at the cabs office, the vehicle would proceed to the test as booked (avoiding any re booking or loss of revenue) and, at the conclusion of the test, it was proposed that the plate be retained by the test station/cabs office;
(ii) to note that this would ensure that the vehicle could not be put into service without there being in force a certificate of insurance. The onus would then be on the operator to return with relevant proof of insurance (which may be faxed) at which time the plate would be issued along with the certificate of fitness; and
(iii) to note this proposal was in the interests of keeping people safe and legal.
(b) CARRIAGE OF CHILDREN UNDER THREE YEARS OF AGE IN TAXIS AND PRIVATE HIRE CARS
Constable John Caldwell reported on the content of the information sheet submitted and provided by Police Scotland (Tayside Division) to highlight the responsibilities of carrying children under three years of age in taxis and private hire cars.
The information sheet outlined the law in summary for ease of interpretation with a further reference to the primary legislation should anyone wish to refer to it in closer detail. The information sheet emphasised that the driver, in all circumstances, was responsible for passenger safety.
The Group noted the report.
IV DUNDEE TAXI ASSOCIATION
Items on agenda at request of Dundee Taxi Association:-
(a) WE WOULD LIKE TO SEE MORE ENFORCEMENT ON BUS/TAXI LANES
Graeme Stephen reported that the DTA would like to see more enforcement on bus/taxi lanes.
Inspector Jarrett advised that the concerns expressed would be made known to operational policing.
(b) SOME WAY TO EDUCATE THE PUBLIC AS TO DIFFERENCE WITH PRIVATE HIRE AND TAXIS
Graeme Stephen reported on the wish to educate the public as to difference with private hire and taxis with a view to having individual numbers for taxis and private hire vehicles which may be operated from the same office.
The Group noted that Brian Woodcock would check with other Councils as to what the position was within their local authority area.
(c) MORE TAXI RANKS AND SOME WAY IF POSSIBLE TO HAVE TAXIS SIT CLOSER TOGETHER ON TANKS (OFFICE CARS TAKING TOO MUCH SPACE)
The Group noted that this matter would be covered at Article V(c).
(d) TAXI MARSHALLS ON RANKS (CASINO)
The Group noted that this matter had been covered at Article IV(a).
(e) WOULD LIKE TO SEE COUNCIL LOOK FOR FUNDING FOR CCTV IN TAXIS
Graeme Stephen reported on the possibility of the Council investigating funding for CCTV in taxis.
Stuart Galloway commented that this matter would be investigated through the Community Safety Partnership. Neil Gellatly advised that parking attendants had CCTV and it had prevented physical abuse on many occasion.
Stuart Galloway passed round a notice for CCTV for displaying in taxis which was agreed by the Group for insertion in taxis.
The Group noted the update and also agreed to the notice with regard to CCTV for display in taxis.
(f) NO ADDITIONAL PLATES AT MOMENT AS WE DO NOT NEED SURVEY TO TELL US THAT THERE IS NO RANK SPACE
Graeme Stephen reported that it was considered that no additional plates be issued at the moment as it was considered that there was insufficient rank space.
In reply, Stuart Galloway advised that the position on the number of taxis would be known by the end of May and Brian Woodcock also explained the current position.
(g) MORE TAXI ENFORCEMENT AND WHEN CAB OFFICERS SUSPECT A CRIME HAS TAKEN PLACE IT SHOULD BE SENT ON TO POLICE SCOTLAND, TAYSIDE DIVISION, BELL STREET, DUNDEE
Graeme Stephen reported that it was considered that the above proposal would make more efficient use of the time of the cabs officer.
(h) TESTING OF TAXIS THAT DRIVERS GET ON LOAN FROM THEIR INSURANCE WHEN THEIR TAXI HAS BEEN SMASHED
Graeme Stephen reported on the above.
The Group noted the position on cars being transported between various areas and, as a result, could be operational within different local authority boundaries and what this meant for the testing of the vehicle.
The Group noted that Stuart Galloway would look into this matter and whether or not the vehicle in question was actually private hire.
V UNITE THE UNION
Items on agenda at request of Unite the Union:-
(a) TINTED WINDOWS
Chris Elder reported that he and Roger Paterson were discussing the present situation and Chris came up with a suggestion, if all taxis, whether they be carrying a full body wrap advert or in the case of the private hire who were allowed tinted windows, if it were made compulsory to having Council approved CCTV being fitted to either type of vehicle whether it be a full body wrap advert or tint, if this became compulsory this could eradicate all the Council and Tayside Police fears regards safety.
Chris advised that it was his understanding that the CCTV systems store the sound and visions for up to three weeks, if a situation arose the CCTV being made compulsory may allay fears regards public safety.
Unfortunately some of the newer estate cars came with tinted windows from the C pillar back; this was due to security in the luggage area, if this being the case in the future with certain car manufacturers maybe the choice of larger higher spec vehicles would become limited. Chris felt putting on higher end spec vehicles was good for the image of the city and comfort for the passenger/driver. Dundee with the V&A on the horizon, and the new railway station, and soon to be refurbished Tay Hotel by the Malmaison Hotel Group, one of the first images visitors would come in contact with was the public transportation system, having higher spec taxis could only be a good thing for the image of the City.
The Group noted the position and that any change in the policy would have to be agreed by Committee.
(b) PRIVATE HIRE
Chris Elder reported that any new private hire licence should be wheelchair accessible. Chris did not know if this was in the documents to go in front of the Licensing Committee as part of the capping of the town etc. Unite felt that once the cap on the hackneys was implemented, the private hire would escalate. Also, at the moment, any new hackney coming on had to be wheelchair accessible, same should apply to private hire.
The Group noted the position in other local authorities would be investigated.
(c) TAXI RANKS AND TAXI CARD SCHEME
(i) Chris Elder reported that there had been consultation regarding the taxi card scheme/DRT with pensioners groups and other disability groups. Unite wanted to raise our concerns that if the taxi operators, many who have gone to great expense to put on wheelchair accessible taxis, found that they no longer had the money from the taxi card scheme (250,000) and also the money that the passenger pays on top of that 250,000 could be in the region of over a million pounds, the Taxi Trade could not survive that kind of loss. This would reduce the amount of work from offices and these office cars would be sitting on taxi ranks creating more overspill on the ranks. Also, the public would get a lesser service using the DRT system.
The Group noted that this would be reported to the Committee in June, 2013.
(ii) Chris Elder reported that more ranks space situated in the heart of the City Centre was required. Possible areas the Trade would like to discuss as future taxi ranks, rank at Barrhead Travel, rank at the Registrars, Commercial Street, Reform Street located in the pedestrian area at Samuels as spoken about by Chris Elder, extend the front of the Nethergate Rank. The Trade would also like Dundee City Council to defer all future taxi licence applications until the provision of sufficient ranks were put in place for the taxi fleet at present, this would not be a deviation from the Council's present policy but the Council providing sufficient rank space for the present fleet and any future grant of a licence.
The Group noted that a rank at the Registrars was possible but the traffic was facing the wrong way and that a rank at Reform Street was not possible. In addition, a review of the parking team was also being undertaken with the possibility of implementing taxi marshals and the review be undertaken in January, 2014.
The Group agreed to taxi driver marshals being financed.
(iii) Chris Elder reported any new taxi granted a licence or any licence already in service who change their vehicle and present it for testing should, in our opinion, have a separate luggage compartment for the safe carriage of goods and passengers.
The Group noted that Stuart Galloway would look into that.
(iv) Chris Elder reported new badge holders to be formally interviewed by the Council prior badge application.
The Group noted that Brian Woodcock would check the operations of this system in Fife Council.
(v) Chris Elder reported taxi and private hire to be operated separately on different telephone numbers - this would eradicate confusion over public perception of what a taxi and private hire vehicles are. If the public phoned for a taxi they should be sent a taxi and if they phone a private hire number they should be sent a private hire.
The Group noted that this item had been covered.
(vi) Tax Reference number, we believe that some drivers are putting any number down and if this is the case is the Council corroborating these numbers with the tax office.
The Group noted that drivers had to submit HMRC documentation.
(vii) Chris Elder reported taxi card regards the removal of the taxi card scheme to DRT.
The Group noted this item had been covered.
(viii) Chris Elder reported the Council 50 page document to restructure the trade is long overdue and the Trade should have access to such document and be consulted on the contents, after all it is the Trade who will be affected by this document.
The Group noted the report by Stuart Galloway that no document existed at this time.
Stuart GALLOWAY, Chair.