Licensing Committee - 09/01/2014

At a MEETING of the LICENSING COMMITTEE held at Dundee on 9th January, 2014.

 

Present:-

 

COUNCILLORS

 

John ALEXANDER

David BOWES

Lesley BRENNAN

Jimmy BLACK

Stewart HUNTER

Tom FERGUSON

 

Laurie BIDWELL

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 5th December, 2013 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATIONS OF INTEREST

 

Councillors Stewart Hunter, John Alexander and Jimmy Black declared non-financial interests in the item of business at Article VIII(b)(i) of the minute by virtue of the applicant being known to them in a personal capacity and left the Chamber prior to its consideration, whereupon the Chair was taken by Councillor David Bowes, Depute Convener. Councillors Hunter, Alexander and Black re-entered the Chamber prior to consideration of the item of business at Article VIII(b)(ii) of this minute, whereupon Councillor Hunter resumed the Chair.

 

Councillor Jimmy Black declared a non-financial interest in the item of business at Articles VI and VII(i) by virtue of the licence holders being known to him in a personal capacity and left the Chamber prior to its consideration. Councillor Black re-entered the Chamber prior to consideration of the item at Article VII(ii).

 

Councillor Alexander declared a non-financial interest in relation to a matter at Article VII(ii) of this minute by virtue of the applicant being known to him in a personal capacity and left the Chamber prior to its consideration. Councillor Alexander re-entered the Chamber prior to consideration of the item of business at Article VIII of this minute.

 

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

 

The minutes of meetings of the Licensing Sub-Committee held on 27th November, 2013, 5th December, 2013, 13th December, 2013 and 18th December, 2013 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II, III and IV.

 

III 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.

 

SECOND HAND DEALER - NEW APPLICATIONS

 

No

Name

Address of Premises

 

1

HMV Retail Ltd

71-77 Murraygate

2

West End Cars Ltd, t/a West End Suzuki

131 Brook Street, Broughty Ferry

 

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

 

No

Name

Address

 

1

Leigh Nelson

 

2

Voodoo Tattoo

119 Perth Road

 

TAXI DRIVER - NEW APPLICATIONS

 

No

Name

 

1

Billy Bryson

2

William Callander

3

John M Flynn

4

Gavin Gallacher

5

Kerry Marr

6

George Munro

7

Rakesh Sahi

8

Mustafa Sarac

9

Paul Thomson

 

WINDOW CLEANER - NEW APPLICATION

 

No

Name

 

1

Gavin A Fox

 

(b) PRIVATE HIRE OPERATORS LICENCE - APPLICATION AND REQUEST FOR VARIATION

 

There was submitted a request for variation from Mr Peter Fraser for a Private Hire Licence with special events conditions to allow the licence holder to carry out private hire work without displaying a white plate or door numbers.

 

The Committee gave consideration to the content of the application. Thereafter, having heard the Clerk and the applicant on their own behalf, the Committee agreed that the application be granted.

 

(c) SKIN PIERCING AND TATTOOIST LICENCE - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

 

1

Beatriz Villacorta

 

In the case of this application, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that the applicant had failed to produce their Unique Tax Reference Number. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

 

(d) TAXI DRIVER LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

 

1

Sefi-Ullah Akram

2

Osman Khan

3

Shahbaz Mohammed

 

In the case of Application No 1, the Committee noted that the applicant had now submitted their Unique Tax Reference Number and that the application had been granted under delegated authority to the Clerk.

 

In the case of Application Nos 2 and 3, the Committee noted that the applicants were not present and agreed that the matters be considered in their absence. Thereafter, having noted that the applicants had failed to pass the street test within the prescribed period, the Committee agreed that the applications be refused.

 

(e) TAXI LIAISON GROUP - REQUEST FOR MEMBERSHIP

 

Reference was made to Article V of the minute of meeting of this Committee held on 5th December, 2013, wherein the Committee agreed to defer consideration of the request from Dundee Taxi 500555 for membership of the Taxi Liaison Group to allow for the attendance of a representative from the taxi office at a meeting of the Committee.

 

Thereafter, having heard the Clerk, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the request be granted and that a paper be submitted to a future meeting of the Licensing Committee on the criteria for membership of the Taxi Liaison Group.

 

IV HOUSING SCOTLAND ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Person Responsible

Address

 

1

Anil and Punum Tewari

Anil and Punum Tewari

76C Victoria Road

2

Anil and Punum Tewari

Anil and Punum Tewari

76E Victoria Road

3

David Simpson

Grant Property Solutions Ltd/

Peter Grant

13 Dudhope Street

4

Ashan Ulhaq and

Usman Alhaq

Easylets Ltd/Jack Reavley

1/1, 93 Nethergate

5

Yasim Okhai

AKG Property Group/

Zakir Gani

1/2, 142 Perth Road

6

Paula Murray

Paula Murray

2E Shaftesbury Place

7

RSGB Property Ltd

Grant Property Solutions Ltd/

Peter Grant

2 North George Street

8

Mudassar Khan

1st Floor, 8 Castle Street

9

Hussam O A Suliman

2/2, 1 Bank Street

10

Caalcare Ltd

76 Seafield Road

11

Ian Kilday

2A Lamb's Lane

12

John Birnie

G/1, 17 Park Avenue

13

IFRMS Ltd

22C Victoria Street

14

Douglas Johnston

26 Constitution Crescent

15

Abdul Latif

Flat H, 3 Victoria Road

16

Louise A Reid

3/1 and Attic, 275 Hawkhill

17

Farida and Aadil Alimahomed

3/1, 74 Commercial Street

 

In the case of Application Nos 1 to 3, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

 

In the case of Application No 4, having heard a representative of the Housing Department, a representative on behalf of the applicant and receiving confirmation that the Certificate of Compliance had now been submitted to the satisfaction of the Housing Department, the Committee agreed that the application be granted.

In the case of Application No 5, having heard a representative of the Housing Department, the Clerk and the applicant on their own behalf, the Committee agreed to defer consideration of the application to the next meeting of the Committee to allow the Certificate of Compliance to be submitted.

 

In the case of Application No 6, reference was made to Article V of the minute of meeting of this Committee held on 5th December, 2013, wherein the Committee agreed to defer consideration of the application to allow the applicant, or their agent, to be in attendance and to allow the Certificate of Compliance to be submitted.

 

Thereafter, having heard a representative of the Housing Department, the representative on behalf of the applicant, and the Clerk and receiving confirmation that the Certificate of Compliance had still to be submitted, the Committee agreed to defer consideration of the application to the next meeting of the Licensing Committee to allow the Certificate of Compliance to be submitted.

 

In the case of Application No 7, reference was made to Article V of the minute of meeting of this Committee held on 5th December, 2013, wherein the Committee agreed to defer consideration of the matter to allow the applicant, or their agent, to be in attendance.

 

There was submitted the original letter of objection to the application received from a member of the public.

 

Thereafter, having heard a representative on behalf of the Housing Department, the Clerk, the objector to the application and the representative on behalf of the applicant, the Committee agreed that the application be granted and that an update on the operation of the licence be submitted to the meeting of the Licensing Committee to be held on 26th June, 2014.

 

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(e) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to grant the application for variation received from Mr R McK for property at 17 Friary Gardens and to recall the application in six months' time with an update on the operation of the licence.

 

Reference was also made to Article VI of the minute of meeting of this Committee held on 5th December, 2013, wherein the Committee agreed to defer consideration of the update to allow the applicant or their representative to be in attendance.

 

There was submitted the original letter of information from Police Scotland relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Police Scotland, the Clerk and an agent on behalf of the applicant, the Committee agreed that no further action be taken.

 

VI HOUSING (SCOTLAND) ACT 2006 - REVOCATION HEARINGS

 

There was submitted a letter of information from the Private Sector Services Manager relevant to the conduct of Mr P J and T J during the currency of their landlord registration.

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having heard a representative of the Housing Department, the licence holders on their own behalf, the representative of Police Scotland and consideration of the advice of the Legal Officer, the Committee noted that one of the properties listed had been sold and was no longer operated by the landlords and agreed that consideration of the matter be deferred until the next meeting of this Committee and, in the meantime, Mr P J be deemed not fit and proper and that the remaining licence holder (Mr T J) be encouraged to meet with the Housing Department to explore alternative management arrangements for the licensed premises.

 

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

 

(i) There was submitted a letter of information from the Housing Department relevant to the registration of Mr P J as a landlord.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that Mr P J be considered not fit and proper and agreed to defer a decision as to whether he should continue to be registered as a landlord to the February meeting of the Committee to enable alternative management arrangements to be explored.

 

(ii) There was submitted a letter of information from the Housing Department relevant to the registration of Ms M H as a landlord.

 

The Committee gave consideration to the content of the letter. Thereafter, having noted that the licence holder was not present, the Committee agreed that consideration of the matter be deferred to the next meeting of the Licensing Committee to allow the licence holder to be present.

 

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

(i) Reference was made to Article VII of the minute of meeting of this Committee held on 5th December, 2013, wherein the Committee agreed to defer consideration of the application by Mr J K for a Taxi Driver's Licence to allow the applicant to be present.

 

There was submitted the original letter of objection from Police Scotland relevant to this application.

 

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Clerk, the Committee noted that the applicant had not submitted their Unique Tax Reference Number or their medical certification and agreed that the application be considered incompetent.

 

(ii) In the case of Application No 2, reference was made to Article VI(b)(iii) of the minute of meeting of this Committee of 7th November, 2013, wherein it was agreed to grant Mr J McL a Taxi Driver's Licence and to recall the licence at this meeting to allow for an update to be submitted from Police Scotland on the operation of the licence.

 

There was submitted the original letter of objection from Police Scotland relevant to this application. Thereafter, having heard the Clerk, the representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that the application be granted and that the licence be submitted to a meeting of the Licensing Sub-Committee for consideration should any application for renewal be submitted.

(iii) Reference was made to Article V(b)(i) of the minute of meeting of this Committee held on 3rd October, 2013, wherein the Committee agreed to grant Ms R S a temporary Taxi Driver's Licence for a period of six weeks to allow the applicant to submit their Unique Tax Reference Number. There was submitted the original letter of representation from Police Scotland relevant to this application, together with a further letter from Police Scotland. The Committee noted that the applicant had still to submit their Unique Tax Reference Number. Thereafter, having heard the Clerk and the applicant on their own behalf, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held in February, 2014 to allow the applicant to submit their Unique Tax Reference Number and medical certification.

 

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

 

(i) Reference was made to Article VI of the minute of meeting of the Licensing Sub‑Committee held on 27th November, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G B during the currency of his Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings.

 

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

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr G B during the currency of his Taxi Drivers Licence. There was also submitted a letter of support from an agent on behalf of the licence holder.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable, the Clerk, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held in May, 2014.

 

(ii) Reference was made to Article IX(d)(vii) of the minute of meeting of this Committee held on 5th September, 2013, wherein it was agreed to adjourn the hearing on the fitness of Mr S D to be the holder of a Taxi Driver's Licence to await the report from OHSAS on the medical fitness of Mr S D to be the holder of a Taxi Driver's Licence and continue the suspension of the Taxi Driver's Licence held by Mr S D with immediate effect and hold a fresh hearing at this meeting of the Committee.

 

There was submitted a letter of information from OHSAS relevant to the medical fitness of Mr S D during the currency of his Taxi Drivers Licence.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Clerk, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by Mr S D with immediate effect and that a fresh hearing be held at the meeting of this Committee in February, 2014.

 

(iii) Reference was made to Article VIII of the minute of meeting of the Licensing Sub‑Committee held on 11th November, 2013, wherein the Taxi Driver's Licence held by Mr S D was suspended with immediate effect and that a suspension hearing be held in relation to the fitness of Mr S D to be the holder of a Taxi Driver's Licence.

 

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. There were also submitted copies of original letters previously submitted by Police Scotland in relation to the fitness of Mr S D to be the holder of a Taxi Driver's Licence.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable and an agent on behalf of the licence holder, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 6th March, 2014.

(iv) Reference was made to Article IX of the minute of meeting of this Committee held on 7th November, 2013, wherein it was agreed to recall the suspension of the Taxi Driver's Licence held by Mr J H and that a fresh hearing be held at this meeting with an update from Police Scotland on the operation of the licence.

 

There was submitted an original letter of information from Police Scotland relevant to the alleged conduct of Mr J H during the currency of his Taxi Driver's Licence. There were also submitted further letters from Police Scotland relative to the alleged conduct of Mr J H during the currency of his Taxi Driver's Licence, together with a letter of support which had been submitted on behalf of the licence holder and a report from OHSAS.

 

The Committee noted that the licence holder was not present. Thereafter, having heard the Clerk, the Committee agreed to adjourn the hearing until a meeting of this Committee to be held on 26th June, 2014.

 

(v) Reference was made to Article VI of the minute of meeting of the Licensing Committee held on 5th December, 2013, wherein it was agreed that the hearings in relation to the alleged conduct of Mr C M during the currency of his Taxi Driver's Licence be adjourned to await the outcome of criminal proceedings and to continue the immediate suspension of the Taxi Driver's Licence held by Mr C M with immediate effect during the intervening period.

 

There were submitted the original letters of information from the Chief Constable relevant to the alleged conduct of Mr C M during the currency of his Taxi Driver's Licence. The Committee noted that the licence holder was not present. Thereafter, having heard the Clerk, the Committee agreed to further adjourn the hearing until the meeting of this Committee to be held on 27th March, 2014 and to continue the immediate suspension of the Taxi Driver's Licence held by Mr C M with immediate effect during the intervening period.

 

(vi) Reference was made to Article IV of the minute of meeting of the Licensing Sub‑Committee held on 5th December, 2013, wherein it was agreed that a hearing be held in relation to the fitness of Mr L S to be the holder of a Taxi Driver's Licence.

 

The Committee noted that the licence holder had been observed parking indiscriminately on two previous occasions and that the licence holder had been previously warned to stop the practice. Thereafter, having heard the Clerk and the licence holder on their own behalf, the Committee agreed that no further action be taken and that a final written warning be issued to the licence holder.

 

(c) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

 

Reference was made to Article VIII of the minute of meeting of the Licensing Sub-Committee held on 13th December, 2013, wherein it was agreed to suspend the three operator's licences held by Mr P D with immediate effect and that a hearing be held in relation to the fitness of Mr P D to be the holder of a Taxi Operator's Licence and that no further action be taken on the Taxi Driver's Licence held by Mr P D during the intervening period.

 

There was submitted a letter of information from Police Scotland relevant to the alleged conduct of Mr P D during the currency of his Taxi Driver's and Taxi Operator's Licences. The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the licence holder on their behalf and consideration of the advice of the Legal Officer, the Committee agreed to suspend the operator's licences held by Mr P D and to adjourn the hearing in relation to the fitness of Mr P D to be the holder of a Taxi Driver's Licence to the meeting of this Committee to be held in May, 2014.

 

 

 

 

Stewart HUNTER, Convener.

 

APPENDIX I

 

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

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 5th December, 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

 

There were no declarations of interest.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

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

 

(i) There was submitted a letter of representation from the Chief Constable relative to the alleged conduct of Ms R S.

 

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, having heard from the Chief Constable's representative and the Sub-Committee's Legal Adviser, agreed to refer the matter to the Licensing Sub-Committee.

 

(b) INDISCRIMINATE PARKING IN NETHERGATE

 

(i) In the case of Mr K H, the Sub-Committee, having heard from the Clerk, agreed to issue a final written warning.

 

(ii) Reference was made to Article II(b) of the minute of meeting of this Sub-Committee of 23rd January, 2013, wherein Mr J B was issued with a final written warning.

 

The Sub-Committee, having heard from the Clerk, agreed to hold a suspension hearing in respect of Mr J B.

 

(iii) The Sub-Committee were advised that Ms L S had been observed parking on a fourth occasion.

 

Thereafter, having heard from the Clerk, the Sub-Committee agreed to hold a further hearing with regards to this matter.

 

(c) ANTI-SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004 - REGISTRATION OF CERTAIN LANDLORDS AND HOUSING (SCOTLAND) ACT 2006 - LICENSING OF HOUSES IN MULTIPLE OCCUPATION

 

(i) There was submitted a letter from the Private Sector Services Manager relative to the alleged conduct of Mr P J.

 

The Sub-Committee gave consideration to the letter submitted by the Private Sector Services Manager. Thereafter, having heard from the Private Sector Services Manager and the Sub‑Committee's Legal Adviser, the Sub-Committee agreed to convene a hearing in respect of Mr P J.

 

(ii) There was submitted a letter from the Private Sector Services Manager relative to the alleged conduct of Ms M H.

 

The Sub-Committee gave consideration to the letter submitted by the Private Sector Services Manager. Thereafter, having heard from the Private Sector Services Manager and the Sub‑Committee's Legal Adviser, the Sub-Committee agreed to convene a hearing in respect of Ms M H.

 

(d) TAXI DRIVER/OPERATOR'S LICENCE - REQUEST FOR SUSPENSION HEARING

 

(i) There was submitted a letter from the Chief Constable relative to the suitability of Mr S M to be the holder of a Taxi Driver/Operator's Licence.

 

The Sub-Committee, having heard from the Chief Constable's representative, agreed to hold a hearing in respect of Mr S M at the next meeting of the Sub-Committee.

 

 

 

 

Stewart HUNTER, Convener.

 

APPENDIX III

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 13th December, 2013.

 

Present:-

 

Lord Provost Bob DUNCAN

Councillor Stewart HUNTER

Councillor Alan ROSS

 

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 DRIVERS/OPERATORS LICENCE - REQUEST FOR SUSPENSION HEARING

 

(i) There was submitted a letter of representation from the Chief Constable relative to the alleged conduct of Mr P D.

 

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, having heard from the Chief Constable's representative and the Sub-Committee's Legal Adviser, agreed to suspend the Taxi Operators Licence held by Mr P D with immediate effect and to hearings in respect of his Taxi Operators/Drivers Licences.

 

 

 

 

Stewart HUNTER, Convener.

 

APPENDIX IV

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 18th December, 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 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 M A 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 and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that no further action be taken in relation to the Taxi Driver's Licence and Taxi Operator's Licence held by Mr M A at this time and that consideration of the matter be adjourned pending further information on the completion of the investigations being undertaken by Police Scotland in this regard.

 

 

 

 

Stewart HUNTER, Convener.