Licensing Sub-committee - 09/01/2014

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

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 - SUSPENSION HEARING

(i) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub-Committee held on 27th November, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr N B during the currency of this Taxi Drivers Licence to await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr N B during the currency of his Taxi Drivers Licence.

The Sub-Committee noted that the licence holder was not present.

Thereafter, having heard from the Clerk, the Sub-Committee agreed to further adjourn the hearing until the meeting of the Committee to be held on 27th March, 2014 to await the outcome of court proceedings.

(ii) Reference was made to Article II(b)(ii) 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 J B to be the holder of a Taxi Drivers Licence.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk, the representative on behalf of the licence holder, the licence holder on their own behalf and the representative of the Chief Constable, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a final written warning as to their future conduct.

(iii) Reference was made to Article II(a)(vii) of the minute of meeting of this Sub‑Committee held on 27th November, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R McL during the currency of his Taxi Drivers Licence to await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr R McL during the currency of his Taxi Drivers Licence.

The Sub-Committee noted that the licence holder was not present. Thereafter, having heard the Clerk, the Sub-Committee agreed to further adjourn the hearing until the meeting of this Committee to be held on 27th March, 2014 to await the outcome of court proceedings.

(iv) Reference was made to Article II(a)(ix) of the minute of meeting of the Licensing Sub‑Committee held on 27th November, 2013, wherein it was agreed that the hearing in relation to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence be deferred to allow the licence holder to be present.

There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr G M during the currency of his Taxi Drivers Licence.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Environmental Compliance Manager and consideration of the advice of the Legal Officer, the Sub‑Committee agreed to suspend the Taxi Drivers Licence held by Mr G M until 31st May, 2014, being the unexpired period of the licence.

(v) Reference was made to Article VII(d)(viii) of the minute of meeting of the Licensing Committee held on 5th December, 2013, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr J R during the currency of this Taxi Drivers Licence to allow for the licence holder to pay the outstanding monies of the Fixed Penalty Notice and Compensation Order.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr J R during the currency of his Taxi Drivers Licence.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and the Clerk, the Sub-Committee agreed to further adjourn the hearing until the meeting of this Sub-Committee to be held on 27th March, 2014 to allow the licence holder to be present.

(vi) Reference was made to Article VII(d)(vii) of the minute of meeting of the Licensing Committee held on 5th December, 2013, wherein it was agreed that the hearing in relation to the alleged conduct of Mr J R during the currency of his Taxi Driver's Licence be adjourned to allow the licence holder to be present.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard from the representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that a final written warning be issued to the licence holder as to their future conduct and that any application for renewal of the licence be submitted then this should be referred to the Sub-Committee for determination.

(vii) Reference was made to Article II(a)(xiii) 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 fitness of Mr S U to be the holder of a Taxi Drivers Licence to await the outcome of court proceedings.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard from the representative of the Chief Constable, the Sub-Committee agreed that no further action be taken and that should any application for renewal of the licence be submitted, then this should be referred to the Sub-Committee for determination.

(viii) Reference was made to Article II(a)(xiv) 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 C W during the currency of this Taxi Drivers Licence to allow the licence holder to be present.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr C W during the currency of his Taxi Drivers Licence.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed to adjourn the hearing to the meeting of the Sub-Committee on 27th June, 2014.

(b) TAXI DRIVERS/TAXI OPERATORS LICENCE - SUSPENSION HEARINGS

There was submitted a letter of information from Police Scotland relevant to the alleged conduct of Mr S M during the currency of his Taxi Drivers Licence and Taxi Operator's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and the licence holder on their own behalf, the Sub-Committee agreed that the Taxi Drivers Licence held by Mr S M be suspended for three weeks and that should any application for renewal of the licence be submitted, then this should be referred to the Sub‑Committee for determination.

(c) TAXI DRIVERS LICENCE - REQUEST FOR SUSPENSION HEARINGS

There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr G G 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, having considered the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be convened in due course in relation to the fitness of Mr G G to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.