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Licensing Sub-committee - 27/11/2013

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

 

Present:-

 

Councillor Stewart HUNTER

Councillor Jimmy BLACK

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 - SUSPENSION HEARING

 

(i) Reference was made to Article IX(e)(iv) of the minute of meeting of the Licensing Committee of 5th September, 2013, wherein the hearing was deferred to allow for a further letter from Police Scotland and a letter of complaint from a member of the public to be heard at the same time in respect of Mr G B.

 

The Sub-Committee, having noted the licence holder was not present, agreed to defer the hearing to the meeting of the Licensing Committee to be held in January, 2014 to allow the licence holder to be present.

 

(ii) Reference was made to Article IX(e)(v) of the minute of meeting of the Licensing Committee of 5th September, 2013, wherein the hearing was deferred to allow a further letter from Police Scotland to be considered in respect of Mr N B.

 

The Sub-Committee, having heard from the Chief Constable's representative and the licence holder on their own behalf, agreed that no further action be taken in respect of the first complaint and to defer consideration of the second complaint until the meeting of this Licensing Sub-Committee to be held in January, 2014.

 

(iii) The Sub-Committee, having heard from the Chief Constable's representative and the licence holder on their own behalf, agreed to issue a verbal warning in respect of Ms H C.

 

(iv) Reference was made to Article IX(f)(ii) of the minute of meeting of the Licensing Committee of 5th September, 2013, wherein the hearing was deferred to await the outcome of criminal proceedings in respect of Mr J F.

 

Thereafter, the Sub-Committee, having heard from the Chief Constable's representative, the licence holder on their own behalf and the Sub-Committee's Legal Adviser, agreed to issue a final written warning, agreed that any application submitted by Mr J F for renewal of his Taxi Driver's Licence in 2014 be submitted to the Licensing Committee for consideration and further agreed that, prior to submission of an application for renewal, Mr J F have commenced an appropriate training course for taxi drivers approved by the Licensing Committee.

(v) Reference was made to Article V(d)(vi) of the minute of meeting of the Licensing Committee of 3rd October, 2013, wherein the hearing was deferred to await the outcome of criminal proceedings in respect of Mr M F.

 

Thereafter, the Sub-Committee, having noted the licence holder was not present, agreed to defer the hearing to the meeting of this Licensing Sub-Committee to be held in March, 2014 to allow Mr M F to be present.

 

(vi) The Sub-Committee, having heard from the Chief Constable's representative, the licence holder on their own behalf, an agent on behalf of the licence holder and the Sub-Committee's Legal Adviser, agreed to issue a verbal warning, agreed that any application submitted by Mr R I for renewal of his Taxi Driver's Licence in 2014 be submitted to the Licensing Committee for consideration and further agreed that, prior to submission of an application for renewal, Mr R I have commenced an appropriate training course for taxi drivers approved by the Licensing Committee.

 

(vii) Reference was made to Article IX(e)(ix) of the minute of meeting of the Licensing Committee of 5th September, 2013, wherein the hearing was deferred to await the outcome of criminal proceedings in respect of Mr R McL.

 

The Sub-Committee, having noted that the licence holder was not present, agreed to defer the hearing to the meeting of this Licensing Sub-Committee to be held in January, 2014 to allow Mr R McL to be present.

 

(viii) Reference was made to Article IX(e)(x) of the minute of meeting of the Licensing Committee of 5th September, 2013, wherein it was agreed to defer the hearing to await the outcome of criminal proceedings in respect of Mr J McL.

 

The Sub-Committee, having heard from the Chief Constable's representative, agreed that no further action be taken in respect of Mr J McL.

 

(ix) The Sub-Committee, having noted that the licence holder was not present, agreed to defer the hearing to the meeting of this Licensing Sub-Committee to be held in January, 2014 to allow Mr G M to be present.

 

(x) The Sub-Committee, having noted that the licence holder was not present, agreed to defer the hearing to the meeting of this Licensing Sub-Committee to be held in March, 2014 to allow Mr S M to be present.

 

(xi) Reference was made to Article IX(e)(xiv) of the minute of meeting of the Licensing Committee of 5th September, 2013, wherein the hearing was deferred to await the outcome of criminal proceedings in respect of Mr D O.

 

The Sub-Committee, having heard from the Chief Constable's representative, a representative of the licence holder and the Committee's Legal Adviser, agreed to defer the hearing to the meeting of this Licensing Sub-Committee to be held in March, 2014.

 

(xii) The Sub-Committee, having heard from the Chief Constable's representative, the licence holder on their own behalf and a representative on behalf of the licence holder, agreed that any application submitted by Mr R R for renewal of his Taxi Driver's Licence in 2014 be submitted to the Licensing Committee and further agreed that, prior to submission of an application for renewal, Mr R R commence an appropriate training course for taxi drivers approved by the Licensing Committee.

 

(xiii) The Sub-Committee, having noted that the licence holder was not present, agreed to defer the hearing to the meeting of this Licensing Sub-Committee to be held in January, 2014 to allow Mr S U to be present.

 

(xiv) Reference was made to Article IX(e)(xvi) of the minute of meeting of the Licensing Committee of 5th September, 2013, wherein the hearing was deferred to await the outcome of criminal proceedings in respect of Mr C W.

 

The Sub-Committee, having noted that the licence holder was not present, agreed to defer the hearing to the meeting of this Licensing Sub-Committee to be held in January, 2014 to allow Mr C W to be present.

 

(b) TAXI DRIVER'S/TAXI OPERATOR'S - SUSPENSION HEARINGS

 

(i) The Sub-Committee, having heard from the Chief Constable's representative, agreed that no further action should be taken in respect of Mr G B.

 

(ii) The Sub-Committee, having heard from the Chief Constable's representative, the licence holder on their own behalf and the Sub-Committee's Legal Adviser, agreed to issue a verbal warning and further agreed that, prior to any submission of an application for renewal of his Taxi Driver's Licence in 2014, Mr C W have commenced an appropriate training course for taxi drivers approved by the Licensing Committee.

 

 

 

 

Stewart HUNTER, Convener.

 

APPENDIX II