Licensing Committee - 27/03/2014

At a MEETING of the LICENSING COMMITTEE held at Dundee on 27th March, 2014.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 6th March, 2014 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATIONS OF INTEREST

Councillors Bidwell and Brennan declared non-financial interests in matter at Article VII(ii) of this minute and withdrew from the Chamber during its consideration.

Councillor Cordell declared a non-financial interest in matter at Article VII(iii) of this minute and withdrew from the Chamber during its consideration.

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 3rd March, 2014 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

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.

SKIN PIERCING - NEW APPLICATION

TAXI DRIVER - NEW APPLICATION

WINDOW CLEANER - NEW APPLICATIONS

(b) TAXI DRIVER TRAINING

Reference was made to Article IV(e) of the minute of the meeting of this Committee of 10th January, 2013, wherein a pilot training course was approved.

There was submitted a report on the pilot.

The Committee noted that this matter had been withdrawn from consideration to allow further discussion with the training provider.

(c) PRIVATE HIRE CAR - REQUEST FOR VARIATION

Reference was made to Article IV of the minute of meeting of this Committee held on 6th March, 2014, wherein it was agreed to defer consideration of the application to allow the licence holder to attend. A request had been made by Private Hire Car Operator, Wayne OHare to advertise the One City, Many Discoveries logo on his private hire car, together with the wording Why Pay More all as outlined in the document which was submitted.

The Council policy was that private hire car operators may advertise only their own business details on their vehicle.

The Committee gave consideration to the request.

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 application be refused.

(d) STREET TRADERS LICENCE - NEW APPLICATION AND REQUEST FOR VARIATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that application had been made to operate a non-motorised rickshaw.

The Committee noted that late objections had been received from Dundee Taxi Association and Unite the Union relevant to this application. Thereafter, having heard the Legal Officer and the objectors as to the reason why the objections were submitted late, the Committee agreed that the objections be heard. The Committee then gave consideration to the objections, copies of which were then circulated to the Committee.

The Committee gave consideration to the application. Thereafter, having heard a representative on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 1st May, 2014 to allow for officers to further investigate issues raised by objectors including safety concerns, and to allow the applicants to submit a response to objections and to allow the Legal Officer to establish the position within other Councils on the operation of non motorised rickshaws within their areas..

In the case of Application No 2, the Committee noted that application had also been made for an exemption to vary Conditions 9 and 10.

The Committee gave consideration to the application. 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 application be granted and that Condition 9 and 10 in relation to the requirement that the vehicle be moved every 15 minutes and not return within one hour be removed and stipulated that the vehicle not be operated from other than its intended location.

IV HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article lV of minute of meeting this Committee held on 6th March 2014, wherein the Committee agreed to defer consideration of the application to allow the applicant to submit their outstanding Certificate of Compliance. The Committee noted that the Certificate of Compliance had now been submitted. Thereafter, having heard a representative of the Housing Department and the representative on behalf of the applicant, the Committee agreed that the application be granted.

In the case of Application Nos 2, 3 and 4, having heard the Legal Officer, the Committee agreed that consideration of the applications be deferred to the meeting of this Committee to be held on 1st May, 2014 to allow the applicants to be present.

In the case of Application Nos 5, 6 and 7, having heard a representative of the Housing Department the Committee agreed that the applications be granted.

In the case of Application No 8, having heard the representative of the Housing Department, a representative on behalf of the applicant and receiving confirmation that the Certificate of Compliance had now been submitted, the Committee agreed that the application be granted.

In the case of Application Nos 9 to 16, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted applications for variation.

In the case of Application Nos 1 and 2, there being no objections, the Committee agreed that the applications for variation be granted.

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 - VARIATIONS

There were submitted the undernoted applications for variation by Mr P J and Mr T J to change the day to day manager to Mr T J for the undernoted properties.

In the case of Application No 1, the Committee noted that the application had been withdrawn.

In the case of Application No 2, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 1st May 2014.

VI HOUSING (SCOTLAND) ACT 2006 - REVOCATION HEARINGS

Reference was made to Article V of the minute of meeting of this Committee held on 6th February, 2014, wherein it was agreed to adjourn the revocation hearings in terms of Section 139 of the above Act to determine Mr P Js fitness to hold licences and to act as a day to day manager and to allow alternative management arrangements to be put in place.

There was submitted the original letter of information from the Housing Department in relation to Mr P J.

Thereafter, having heard a representative of the Housing Department, the licence holders on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the hearings be adjourned to the meeting of this Committee to be held on 1st May, 2014 to allow a property management agreement to be submitted.

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

(i) Reference was made to Article VI of the minute of meeting of this Committee held on 6th February, 2014, wherein it was agreed that consideration of the hearing in relation to the suitability of Mr P J to be registered as a landlord be adjourned to this meeting to allow alternative management arrangements to be put in place.

The original letter of information from the Private Sector Services Manager was submitted.

The Committee gave consideration to the content of the documentation. Thereafter, having heard a representative of the Housing Department, the licence holders on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned to the meeting of this Committee to be held on 1st May, 2014 to allow a property management agreement to be submitted.

(ii) Reference was made to Article VII of the minute of meeting of this Committee held on 6th March, 2014, wherein it was agreed that consideration of the hearing in relation to the suitability of Ms M H to be registered as a landlord be adjourned to this meeting to allow a written submission to be considered.

The original letter of information from the Private Sector Services Manager was submitted, together with the submission on behalf of the licence holder submitted at the meeting held on 6th March, 2014.

The Committee gave consideration to the content of the documentation. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that Ms M H was not fit and proper to be registered as a landlord, and that the hearing be adjourned to the meeting of this Committee to be held on 1st May, 2014 for alternative management arrangements to be put in place.

(iii) Reference was made to Article IV of the minute of meeting of this Committee held on 6th March, 2014, wherein it was agreed that consideration of the hearing in relation to the suitability of Mr M P to be registered as a landlord be adjourned to this meeting to allow Mr M P to be in attendance.

The original letter of information from the Private Sector Services Manager was submitted.

The Committee gave consideration to the content of the documentation. 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 the hearing be adjourned to the meeting of this Committee to be held on 1st May, 2014 to allow Mr M P to resolve any outstanding issues directly with the Housing Department.

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REQUEST FOR RECALL OF SUSPENSION - TAXI LICENCE OPERATOR

Reference was made to Article VI of the minute of meeting of this Committee held on 9th January, 2014, wherein it was agreed to suspend the Taxi Operator's Licence held by Mr P D with immediate effect and the licence holder was advised to submit a valid certificate of insurance if he wished to apply for the suspension to be recalled.

There was submitted a certificate of insurance by Mr P D.

The Committee gave consideration to the content of the document. Thereafter, having heard the Clerk, the licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed to uplift the suspension of the Taxi Operator's Licence held by Mr P D and to recall the hearing in relation to the conduct of Mr P D to the meeting of this Committee to be held on June, 2014 and that should any application for renewal be submitted that this be considered at the meeting of the Licensing Committee to be held in September, 2014.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr R C for a Taxi Drivers Licence. The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable 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 a representative of the Chief Constable, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held in June, 2014, to await the outcome of court proceedings.

(ii) There was submitted an application by Mr R V for a Taxi Drivers Licence. The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held in June, 2014, to await the outcome of further investigations.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article VI of the minute of meeting of the Licensing Sub‑Committee held on 3rd March, 2013, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr A B and to hold a hearing in relation to the fitness of Mr A B to be the holder of a Taxi Driver's Licence.

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

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf, and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, and consideration of the advice of the Legal Officer, the Committee agreed to recall the suspension of the Taxi Driver's Licence held by Mr A B and to adjourn the hearing in relation to other matters reported to the Committee to the meeting of the Licensing Sub-Committee to be held in June, 2014.

(ii) Reference was made to Article VI of the minute of meeting of this Committee held on 9th January, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C M during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr C M with immediate effect during the intervening period. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr C M during the currency of his Taxi Drivers Licence.

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

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and having given consideration to the advice of the Legal Officer, the Committee agreed that the Taxi Drivers Licence held by Mr C M be suspended for the unexpired portion of the licence with immediate effect.

(iii) Reference was made to Article VI of the minute of meeting of this Committee held on 6th February, 2014, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr C S with immediate effect and adjourn the hearing in relation to the alleged conduct of Mr C S during the currency of his Taxi Driver's Licence and to hold a fresh hearing at this meeting of the Committee.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr C S 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, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to call a fresh hearing at the meeting of this Committee to be held in June, 2014 and to continue the immediate suspension of the Taxi Driver's Licence held by Mr C S with immediate effect.

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

Reference was made to Article VI of the minute of meeting of this Committee held on 6th February, 2014, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr T F with immediate effect and to hold a fresh hearing at this meeting of the Committee in relation to the fitness of Mr T F to be the holder of a Taxi Driver's Licence and Taxi Operator's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr T F during the currency of his Taxi Drivers Licence and Taxi Operator's Licence.

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

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 Legal Officer, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by Mr T F with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 5th June, 2014 and that no action be taken in relation to the Taxi Operator's Licence held by Mr T F during the intervening period.

Stewart HUNTER, Convener.

APPENDIX I

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 3rd March, 2014.

Present:-

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Craig MELVILLE

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 SUSPENSION HEARING

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A 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 the Taxi Driver's Licence held by Mr A B be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr A B 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 B G 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 to convene a hearing in due course relative to the fitness of Mr B G to be the holder of a Taxi Driver's Licence.

(iii) 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 to convene a hearing in due course relative to the fitness of Mr R R to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.