Licensing Sub-committee - 27/03/2014

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

APPENDIX III

Present:-

Councillor David BOWES

Councillor Kevin CORDELL

Councillor Tom FERGUSON

Councillor David BOWES, Depute 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 HEARINGS

(i) Reference was made to Article IX(d)(i) of the minute of meeting of the Licensing Committee held on 5th September, 2013, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr J A during the currency of his Taxi Drivers Licence to allow the outstanding money to be paid, and for an update report on the progress of payments to be submitted.

There was submitted a letter of information from the Head of Accounts and Benefits relevant to the conduct of Mr J A 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 considered the advice of the Clerk, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub‑Committee to be held on 2nd October, 2014, to allow the licence holder to continue payments towards the outstanding money.

(ii) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee held on 9th January, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr N B during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

There were submitted letters of information from the Chief Constable relevant to the alleged conduct of Mr N B during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letters. 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 having considered the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken.

(iii) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee held on 6th February, 2014, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr B C during the currency of his Taxi Driver's Licence.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having received confirmation from the Environmental Compliance Manager that Mr B C had now paid the outstanding fixed penalty and Sheriff Officer costs incurred in pursuing payment, the Sub-Committee agreed that no further action be taken.

(iv) Reference was made to Article V(d)(vi) of the minute of meeting of the Licensing Committee held on 3rd October, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M F during the currency of his Taxi Driver's Licence to this meeting of the Sub-Committee to await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M F 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, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 26th June, 2014, to await the outcome of court proceedings.

(v) Reference was made to Article II(c) of the minute of meeting of this Sub-Committee held on 9th January, 2014, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G G during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Environmental Compliance Manager relevant to the conduct of Mr G G 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 Clerk, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 26th June, 2014 to allow the licence holder to be present.

(vi) Reference was made to Article II(ii) of the minute of meeting of this Sub-Committee held on 3rd March, 2014, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr B G during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr B G 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 Clerk, the Sub-Committee agreed to adjourn the hearing until the meeting of the Licensing Committee to be held on 1st May, 2014 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 F K 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.

(vii) Reference was made to Article IX(d)(viii) of the minute of meeting of the Licensing Committee held on 5th September, 2013, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr J McG during the currency of his Taxi Drivers Licence to allow the outstanding money to be paid and for an update report on the progress of payments to be submitted.

There was submitted a letter of information from the Head of Revenues and Customer Services relevant to the conduct of Mr J McG during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk and the licence holder on their own behalf, the Sub-Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 2nd October, 2014 to allow the licence holder to continue payments towards the outstanding fine money.

(viii) Reference was made to Article IX(d)(ix) of the minute of meeting of the Licensing Committee held on 5th September, 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 Driver's 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 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 Clerk, the Sub-Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 26th June, 2014 to await the outcome of court proceedings.

(ix) Reference was made to Article II(x) 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 S M during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and to give consideration to a further letter of complaint which had been submitted.

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

The Sub-Committee gave consideration to the content of the letters. Thereafter, having heard the representative of the Chief Constable, and consideration of the advice of the Legal Officer, the Sub‑Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 2nd October, 2014, to await the outcome of court proceedings.

(x) Reference was made to Article VII(d)(viii) of the minute of meeting of this Committee on 5th December, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr J R during the currency of his Taxi Driver's Licence to allow the licence holder to be in attendance.

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 Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter having received confirmation from the representative of the Chief Constable that Mr J R had now paid the outstanding compensation order, the Sub-Committee agreed that no further action be taken.

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

The Sub-Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable, the Clerk, the representative of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing for a period of six months to allow for a report to be obtained from OHSAS relevant to the medical fitness of Mr R R to be the holder of a Taxi Drivers Licence and to allow for confirmation to be received that Mr R R had completed an approved Taxi Driver Training Course.

(b) TAXI OPERATOR'S LICENCE - SUSPENSION FOR HEARINGS

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D H during the currency of his Taxi drivers Licence and Taxi Operators Licence.

The Committee gave consideration to the content of the letter. Thereafter, having received confirmation from a representative of the Chief Constable that the Procurator Fiscal would not be proceeding with the matter, the Committee agreed that no further action be taken.

(ii) Reference was made to Article II(b) of the minute of meeting of this Sub-Committee held on 6th February, 2014, wherein it was agreed to adjourn to hold a hearing in relation to the alleged conduct of Mr U K during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr U K 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 Deputy Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr C McG during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr C McG to be the holder of a Taxi Driver's Licence and Taxi Operators Licence.

David BOWES, Depute Convener.

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Licensing Sub-committee - 27/03/2014

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

I DECLARATION OF INTEREST

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Dundee City Council