Licensing Committee - 05/12/2013

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

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 7th November, 2013 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Melville declared a non-financial interest in respect of Item III(c) by virtue of having personal knowledge of the applicant, left the Chamber and took no part in the debate.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 7th November, 2013 and 11th November, 2013 were submitted for information and record purposes. (Appendices I and II).

III CIVIC GOVERNMENT (SCOTLAND) ACT

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted applications had been granted under delegated powers.

LATE HOURS CATERING - NEW APPLICATION

PRIVATE HIRE OPERATORS - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

(b) FARES FOR HIRE OF TAXIS

(i) Annual Review

It was reported that in terms of the agreed formula, the increase using transport indices is 1.35% which brings about the following changes to the tariffs. The proposals would have to be advertised and subject to any public objections with new scales taking effect from 1st April, 2014. Charges at the testing centre would also increase using the same formula.

Tariff 1 (daytime) 2.98 increasing to 3.02

Tariff 2 (weekday evenings) 3.28 increasing to 3.32 (Tariff 1 plus 10%)

Tariff 3 (weekend evenings) 3.58 increasing to 3.62 (Tariff 1 plus 20%)

Tariff 4 (festive period) 4.17 increasing to 4.23 (Tariff 1 plus 40%)

As regards the additional yardage, there was no increase last year as the increase came to 0.58p and therefore fell short of the agreed threshold of 0.7p. The 1.35% increase applied to 0.58p takes it above the 0.7p threshold to 0.79p and, accordingly, the running mile will be increased by 1p on Tariffs 1 to 4 to 16p, 17p, 19p and 22p respectively - effectively a 10p per mile increase.

The Committee agreed to the above.

(ii) Credit Card Transactions

Discussions had been ongoing regarding payment by credit card. Suppliers charge a premium for using their card which presently operators would have to bear. It was agreed that operators be permitted to surcharge passengers to recover these costs and that the surcharge be a flat fee of 1 per journey.

(iii) Taxi Driver Training

It was reported that there was one approved course run by Unite the Union who have put 37 drivers through the course so far and have courses planned into next year.

In addition, there was a pilot course organised by Dundee College and People First.

There were also two further training providers who had made contact and it was intended to invite them to present at the next Taxi Liaison meeting.

The Committee took the view that attending an approved training course would become mandatory when there was a range of courses and providers available and that by late Spring, consideration would be given at a future meeting of this Committee to attendance at one of the courses being a condition of licence and that all drivers would need to undergo the training by the time of their next renewal of licence in May, 2017 with new applicants having to undergo the training as part of the application process.

The Committee noted the above.

(c) LATE HOURS CATERING LICENCE - NEW APPLICATION

The Committee, having heard from an objector and the applicant on their own behalf, agreed to grant the above application to open until 12 midnight Mondays to Thursdays and until 3.00 am Fridays and Sundays, until 31st May, 2014 with the renewal application to be heard by this Committee.

(d) TAXI DRIVER LICENCE - NEW APPLICATIONS

In the case of Application Nos 1 and 2, the Committee, having heard from the Clerk, declared them incompetent. In the case of Application No 3, the Committee agreed to grant the application.

In the case of Application Nos 4 to 8, having failed to pass their street tests within the prescribed period, the Committee agreed to refuse the applications.

In the case of Application No 9, the Committee noted that it had been withdrawn.

(e) TAXI LIAISON GROUP - REQUEST FOR MEMBERSHIP

It was reported that a request had been received from Dundee Taxi 500555 for membership.

The Committee agreed to defer the above request.

IV HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

The undernoted applications had been received:-

In the case of Application Nos 1, 6, 7, 8 and 10, the Committee, having heard from the Director of Housing's representative and the applicants on their own behalf, agreed to grant the applications.

In the case of Application Nos 2 to 5, the Committee, having heard from the Director of Housing's representative, agreed to grant the application.

In the case of Application Nos 9 and 11, the Committee agreed to defer the applications.

The Committee agreed to defer the undernoted applications:-

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

Reference was made to Article V(b)(vii) of the minute of meeting of this Committee of 7th November, 2013, wherein it was agreed to defer consideration of the variation to allow Nicholas Irwin to be in attendance.

The Committee, having heard from the applicant on their own behalf, agreed to grant the application but to call back in six months for an update.

In the case of Applications Nos 2 to 4, the Committee agreed to grant the applications.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

V HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - UPDATE

Reference was made to Article VI(c)(ix) of the minute of meeting of this Committee of 6th June, 2013, wherein it was agreed to grant a variation but to recall in six months for an update in relation to Mr R McK.

The Committee, agreed to defer the update to the January meeting of this Committee.

VI HOUSING (SCOTLAND) ACT 2006 - REVOCATION HEARINGS

The Committee, having heard from the Chief Constable's representative, the licence holder on their own behalf and the Committee's Legal Adviser, agreed to revoke the licences held by Mr P J.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REQUEST FOR VARIATION TAXI OPERATORS

(i) The Committee, having heard from the licence holder, Mr D H, on his own behalf and the Committee's Legal Adviser, agreed to defer the request to the February meeting of this Committee to allow Mr D H to investigate other vehicles available to him and to seek a medical report on his condition for submission to this Committee.

(ii) Reference was made to Article VI(a) of the minute of meeting of this Committee of 7th November, 2013, wherein the Committee agreed to defer the request to allow Mr M S to investigate the range of vehicles available to him.

The Committee, having heard from an agent on behalf of the licence holder, agreed to defer the request to the February meeting of this Committee in order that Mr M S could obtain a medical report relative to his condition for submission to this Committee.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) The Committee, having heard from the Chief Constable's representative and an agent on behalf of the applicant, Mr M G, agreed to refuse the application.

(ii) Reference was made to Article VI(b)(i) of the minute of meeting of this Committee of 7th November, 2013, wherein the Committee agreed to defer the application to allow Mr J I to attend.

The Committee, having heard from the Chief Constable's representative, the applicant on their own behalf and the Committee's Legal Adviser, agreed to refuse the application.

(iii) Reference was made to Article VI(b)(ii) of the minute of meeting of this Committee of 7th November, 2013, wherein the Committee agreed to defer the application to allow Mr J K to supply further information to the Committee.

The Committee, agreed to defer the application to the January meeting of this Committee to allow the attendance of Mr J K.

(iv) Reference was made to Article VII(b)(iv) of the minute of meeting of this Committee of 2nd May, 2013, wherein the Committee agreed to allow Mr G R to withdraw his application and resubmit it at a later date.

The Committee, having heard from the Chief Constable's representative, the applicant on their own behalf and the Committee's Legal Adviser, agreed to grant the application to 31st May, 2014, refer only renewal application to this Committee, and require Mr G R to undertake prescribed driver training within twelve months.

(c) TAXI DRIVERS LICENCE - UPDATE

(i) Reference was made to Article (V)(b)(iv) of the minute of meeting of this Committee of 6th December, 2012, wherein the Committee agreed to grant the application in respect of Mr G P but to refer it back after 12 months for an update.

The Committee, having heard from the Chief Constable's representative and the licence holder on their own behalf, agreed to take no further action.

(ii) Reference was made to Article (V)(b)(i) of the minute of meeting of this Committee of 3rd October, 2013, wherein the Committee agreed to grant Ms R S a licence for six weeks.

The Committee agreed to defer the matter to the January meeting of this Committee.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article (V)(d)(ii) of the minute of meeting of this Committee of 3rd October, 2013, wherein the Committee deferred consideration of the hearing to allow Mr M A to be in attendance.

The Committee, having heard from the Chief Constable's representative, an agent on behalf of the licence holder and the Committee's Legal Adviser, agreed to defer the hearing and refer Mr M A to OHSAS.

(ii) Reference was made to Article (V)(d)(iii) of the minute of meeting of this Committee of 3rd October, 2013, wherein the Committee agreed to defer consideration of the hearing and continue the immediate suspension with regard to Mr M A.

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

(iii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee of 11th November, 2013, wherein the Sub-Committee agreed to suspend with immediate effect Mr S D's licence.

The Committee, having heard from the Chief Constable's representative, an agent on behalf of the licence holder and the Committee's Legal Adviser, agreed to lift the immediate suspension, defer the hearing to the January meeting of this Committee and submit any renewal of the licence to the full Committee and require Mr S D to undergo prescribed driver training by December, 2014.

(iv) Reference was made to Article (VI)(c)(ii) of the minute of meeting of this Committee of 7th November, 2013, wherein the Committee agreed to defer the hearing in respect of Mr D F.

The Committee, having heard from the Environmental Compliance Officer, the licence holder on their own behalf and the Committee's Legal Adviser, agreed to suspend the licence for its unexpired portion.

(v) Reference was made to Article (V)(d)(x) of the minute of meeting of this Committee of 3rd October, 2013, wherein the Committee agreed to defer the application in relation to Mr C M. Further reference was made to Article (II)(a)(ii) of the minute of meeting of the Licensing Sub-Committee of 7th November, 2013 where further information was received in relation to Mr C M.

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

(vi) Reference was made to Article (V)(d)(xii) of the minute of meeting of this Committee of 3rd October, 2013, wherein the Committee agreed to defer the hearing in respect of Mr S N.

The Committee, having heard from the Chief Constable's representative, agreed to suspend the licence for its unexpired portion with immediate effect.

(vii) Reference was made to Article (VII)(d)(xvi) of the minute of meeting of this Committee of 2nd May, 2013, wherein the Committee agreed to defer the hearing in respect of Mr J R.

The Committee, having heard from the Chief Constable's representative, agreed to defer the hearing to the January meeting of this Committee.

(viii) Reference was made to Article (X)(e)(xiv) of the minute of meeting of this Committee of 6th June, 2013, wherein the Committee agreed to defer the hearing in respect of Mr J R.

The Committee, agreed to defer the hearing.

(ix) Reference was made to Article VI(c)(v) of the minute of meeting of this Committee of 7th November, 2013, wherein the Committee agreed to defer the hearing in respect of Mr C S.

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 February meeting of this Committee and to continue the suspension of the licence with immediate effect.

(x) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee of 3rd October, 2013, wherein the Sub-Committee agreed to hold a suspension hearing in respect of Ms L S.

The Committee, having heard from the Clerk and the licence holder on their own behalf, agreed to defer the hearing to the Licensing Sub-Committee.

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

(i) Reference was made to Article (V)(e)(i) of the minute of meeting of this Committee of 3rd October, 2013, wherein the Committee agreed to defer consideration of the hearing in relation to Mr T F.

The Committee, agreed to defer the hearing to the February meeting of this Committee and to continue the immediate suspension.

Stewart HUNTER, Convener.

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

There were no declarations of interest.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S M 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 Chief Constable's representative and consideration of the advice of the Legal Adviser, the Sub-Committee agreed to hold a hearing in relation to the fitness of Mr S M 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 C M 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 Chief Constable's representative and consideration of the advice of the Legal Adviser, the Sub-Committee agreed to hold a hearing in relation to the fitness of Mr C M to be the holder of a Taxi Driver's Licence.

(b) TAXI DRIVERS/OPERATORS LICENCE - REQUEST FOR HEARING

(i) 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/Operator's Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, having heard the Chief Constable's representative and consideration of the advice of the Legal Adviser, the Sub-Committee agreed to hold a hearing in relation to the fitness of Mr G B to be the holder of a Taxi Driver's Licence/Operator's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 11th November, 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

There were no declarations of interest.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

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

The Sub-Committee, having heard from the Chief Constables representative and the Committees Legal Adviser, agreed to suspend the licence immediately and hold a hearing in relation to the fitness of Mr S D to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.