Licensing Committee - 01/05/2014

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st May, 2014.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 27th March, 2014 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATIONS OF INTEREST

Councillor Mohammed Asif declared a financial interest in relation to the matter at Article IV(a)1 of this minute by virtue of being a director of the applicant company and left the Chamber during its consideration.

Councillor Mohammed Asif declared a non-financial interest in relation to the matter at Article IV(b) of this minute by virtue of the managing agent being known to him in a professional capacity.

Councillor Jimmy Black declared a non-financial interest in relation to the matters at Articles V, VI and VII(i) of this minute by virtue of the licence holders being known to him in a personal capacity and left the Chamber during their consideration.

Councillor Lesley Brennan declared a non-financial interest in relation to Article VII(ii) of this minute by virtue of the licence holder being known to her in a personal capacity and left the Chamber during its consideration.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committees held on 24th, 26th and 27th March, 2014, were submitted for information and record purposes (Appendices I, II and III).

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.

METAL DEALER - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) POLICY ON ADVERTISING ON TAXIS AND TINTED WINDOWS IN TAXIS

Reference was made to Article II(a) of the minute of meeting of this Committee held on 25th July, 2013, wherein it was agreed that the current policy on advertising and tinted windows in taxis be re‑examined to see if any amendments were needed.

There was submitted Agenda Note AN147-2014 advising that the matter had been discussed at a recent Taxi Liaison Group meeting and there was support for a change to the current policy to allow full-wrap advertising on taxis, subject to an approved CCTV system being installed.

Following discussion on the above, it had further been agreed that due to the growing number of new vehicles being manufactured with a tint greater than the current % allowed under the Councils test guidelines, such vehicles be permitted on service and it had been remitted to the Head of Democratic and Legal Services to further investigate how this might be accommodated.

The reason for not allowing tinted windows in taxis was public safety. The installation of CCTV would allay those fears and, accordingly, it was therefore recommended that full-wrap advertising and tinted windows on taxis be allowed, subject to the taxi licence holder:-

(i) in the case of advertising, applying for a variation with supporting artwork;

(ii) in the case of tinted windows, providing evidence from the manufacturer as to the level of tint on each window in order that this can be measured during the taxi test; and

(iii) in either (i) or (ii) above, installing an approved CCTV system in the vehicle prior to it being submitted for test.

For the avoidance of doubt, the variation would only apply to windows other than the windscreen and front passenger and driver windows as there was a minimum legal requirement of 75% and 70% in respect of these.

Another area of concern was advertising on the rear window which could obscure the driver's view when using the cab mirror. In this regard, it was recommended that rear window advertising only be permitted where the driver's view would not be any further obscured ie when it was below the level of the rear seat headrests.

The Committee noted the above and deferred consideration of the recommendations until the meeting of this Committee of 26th June, 2014 for further investigation and discussion with the Taxi Liaison Group.

(c) PRIVATE HIRE DRIVER LICENCE - NEW APPLICATION

The Committee noted that the above application had been withdrawn.

(d) PRIVATE HIRE OPERATOR'S LICENCE - NEW APPLICATION

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. Thereafter, having noted that the applicant had failed to attend for Licensing Application police interview within the prescribed period, the Committee refused the application.

(e) STREET TRADERS LICENCE - NEW APPLICATION

The Committee noted that the above application had been withdrawn.

(f) STREET TRADERS LICENCE - NEW APPLICATION AND REQUEST FOR VARIATION

The Committee agreed to defer the above application.

(g) TAXI DRIVER LICENCE - NEW APPLICATIONS

In the case of Application Nos 1 to 6, the Committee, having noted that the applicants were not present, and having further noted that the applicants had failed to pass their street tests within the prescribed period, agreed that the applications be refused.

In the case of Application No 7, the Committee noted 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 No 8, the Committee agreed that a temporary licence be granted for a period of six weeks to allow the applicant to submit their Unique Tax Reference Number.

IV HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

The undernoted applications had been received:-

In the case of Application Nos 1 to 12, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application Nos 13 to 17, having heard a representative of the Housing Department and noted that Certificates of Compliance had been submitted, the Committee agreed that the applications be granted.

In the case of Application Nos 18 to 20, reference was made to Article IV(a) of the minute of meeting of this Committee of 27th March, 2014, wherein the Committee agreed to defer consideration of the applications to allow the applicants to be represented. The Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application No 21, the Committee gave consideration to letters of representation which had been submitted relevant to the application. Thereafter, having heard a representative on behalf of the Housing Department, a representative on behalf of the applicants and an objector, the Committee agreed to grant the application but to recall in six months for an update.

In the case of Application No 22, the Committee gave consideration to letters of representation which had been submitted relevant to the application. Thereafter, having heard a representative of the Housing Department and a representative on behalf of the applicant, the Committee agreed to grant the application but to recall in six months for an update.

In the case of Application No 23, having heard from a representative of the Housing Department, a representative on behalf of the applicant and an objector, the Committee refused the application.

The Committee agreed to defer the undernoted applications:-

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATION

The Committee agreed to grant the application.

(c) HOUSES IN MULTIPLE OCCUPATION - UPDATE

Reference was made to Article V(a) of the minute of meeting of this Committee held on 7th November, 2013, wherein the Committee agreed to grant the undernoted application but to recall it in May, 2014 for an update from the Private Sector Services Department.

In the case of this application, having heard from a representative of the Housing Department, the Committee agreed that no further action be taken.

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 managers for the undernoted properties.

The Committee, having heard a representative of the Housing Department, agreed that consideration of the applications be deferred to the meeting of this Committee to be held on 5th June, 2014.

VI HOUSING (SCOTLAND) ACT 2006 - REVOCATION HEARING

Reference was made to Article VI of the minute of meeting of this Committee held on 27th March, 2014, wherein it was agreed to defer the revocation hearings in respect of Mr P J to this meeting to allow a property management agreement to be submitted.

The Committee, having heard a representative of the Housing Department, agreed to defer the hearing until the meeting of this Committee to be held on 5th June, 2014 to allow outstanding matters to be resolved.

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

(i) Reference was made to Article VII(i) of the minute of meeting of this Committee of 27th March, 2014, wherein it was agreed to defer consideration of the hearing in relation to the suitability of Mr P J to be registered as a landlord to this meeting to allow a property management agreement to be submitted.

The Committee, having heard a representative of the Housing Department, agreed to defer the hearing to the meeting of this Committee to be held on 5th June, 2014 to allow outstanding matters to be resolved.

(ii) Reference was made to Article VII(ii) of the minute of meeting of this Committee held on 27th March, 2014, wherein it was agreed that Ms M H was no longer a fit and proper person to be registered as a landlord and that the hearing be deferred to this meeting to allow alternative management arrangements to be put in place.

The Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed to defer the hearing to the meeting of this Committee to be held on 5th June, 2014 to allow outstanding matters to be resolved.

(iii) Reference was made to Article VII(iii) of the minute of meeting of this Committee held on 27th March, 2014, wherein it was agreed to defer consideration of the hearing in relation to the suitability of Mr M P to be registered as a landlord to this meeting to allow Mr M P to resolve any outstanding issues directly with the Housing Department.

The original letter of information from the Private Sector Services Manager was submitted and further documentation was tabled.

The Committee gave consideration to the content of the documentation. Thereafter, having heard a representative of the Housing Department, the Committee agreed that no further action be taken.

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING - NEW APPLICATION

There was submitted an application from TRFFT Ltd for a Late Hours Catering Licence.

The Committee gave consideration to letters of objection from members of the public and to a letter of representation from the Corporate Services Department. Thereafter, having heard from the Committee's Legal Adviser, a representative of Environmental Health and a representative on behalf of the applicant, the Committee agreed to grant the application.

(b) SKIN PIERCING AND TATTOOING - NEW APPLICATION

There was submitted an application by Ms S M for a Skin Piercing and Tattooing Licence.

The Committee gave consideration to a letter of representation from the Chief Constable, correspondence from Environmental Health and a letter of objection from a member of the public relevant to this application. Thereafter, having heard from a representative of the Chief Constable, an Environmental Health Officer and a representative on behalf of the applicant, the Committee agreed that the application be granted for a period of six months and a report on the operation of the licence be submitted to the Committee in six months' time.

(c) REQUEST FOR VARIATION - TAXI OPERATOR

There was submitted a request for variation from Mr I L, along with documentation in support of his application.

The Committee gave consideration to the documentation. Thereafter, having heard from the Committee's Legal Adviser and the applicant on his own behalf, the Convener, seconded by Councillor Brennan, moved to refuse the application. As an amendment, Councillor Black, seconded by Councillor Ross, moved to grant the application. On a division, there voted for the motion - the Convener and Councillors Bowes, Ferguson, Asif and Brennan (5); and for the amendment - Councillors Black and Ross (2) - Councillor Bidwell being absent when the vote was taken - whereupon the motion was declared carried.

(d) REQUEST FOR EXTENSION TO WIND-UP ESTATE - TAXI OPERATOR

There was submitted a request from an Executor of the late Mr C M for an extension to the three month period to wind-up the estate.

Thereafter, the Committee, having heard from the applicant, agreed to extend the period until the end of May, 2014.

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr J M for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation submitted by Police Scotland and to a letter of support tabled at the meeting. Thereafter, having heard a representative of the Chief Constable and a representative on behalf of the applicant, the Committee agreed to grant the application for a period of six months, subject to submission of the applicant's Unique Tax Reference Number and a satisfactory medical.

(ii) Reference was made to Article VII(a)(i) of the minute of meeting of this Committee of 6th February, 2014.

The Committee gave consideration to documentation submitted on behalf of Ms R S and letters of representation from Police Scotland. Thereafter, having noted that the Unique Tax Reference Number had been submitted and having heard from the Clerk, a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that, subject to submission of a satisfactory medical certificate to confirm her condition met Group 2 standards prior to the next meeting of this Committee the application be dealt with under delegated powers, otherwise the matter be deferred until the meeting of this Committee to be held on 5th June, 2014.

(f) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article VII(c)(i) of the minute of meeting of this Committee of 6th March, 2014, wherein it was agreed to defer the hearing in respect of Mr M A until this meeting to allow the licence holder to be present and for the report from OHSAS to be received.

The Committee, having heard from the Clerk and the applicant on his own behalf, agreed to defer the hearing until the meeting of this Committee to be held on 5th June, 2014 to allow the OHSAS report to be submitted.

(ii) Reference was made to Article VII(b)(ii) of the minute of meeting of this Committee of 6th February, 2014, wherein the Committee agreed to defer the hearing and continue the immediate suspension with regard to Mr M A.

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

Thereafter, having heard from a representative of the Chief Constable, the Committee agreed to continue the immediate suspension for the unexpired portion of the licence.

(iii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 26th March, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr B D and to hold a hearing in relation to the fitness of Mr B D to be the holder of a Taxi Driver's Licence.

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

Thereafter, having heard from the Clerk, the Committee agreed to continue the immediate suspension for the unexpired portion of the licence.

(iv) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 24th March, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr J E and to hold a hearing in relation to the fitness of Mr J E to be the holder of a Taxi Driver's Licence.

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

Thereafter, having heard from a representative of the Chief Constable, the Committee agreed to defer the hearing until the meeting of this Committee to be held on 5th June, 2014 and to continue the immediate suspension with regard to Mr J E.

(v) Reference was made to Article II(a)(vi) of the minute of meeting of the Licensing Sub‑Committee held on 27th March, 2014, wherein it was agreed to defer the hearing in respect of Mr B G to this meeting of the Committee to allow Mr B G to be present.

Thereafter, after having heard from a representative of the Chief Constable and the licence holder on their own behalf, the Committee agreed to defer the hearing for a period of six months to allow Mr B G to undertake the appropriate training course of taxi drivers approved by the Licensing Committee.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 24th March, 2014.

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Dave BOWES

Councillor Tom FERGUSON

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

The 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.

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 J E during the currency of his Taxi Driver's 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 the Taxi Driver's Licence held by Mr J E be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr J E to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 26th March, 2014.

APPENDIX Il

Present:-

Councillor Stewart HUNTER

Councillor Dave BOWES

Councillor Laurie BIDWELL

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

The 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.

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 B D during the currency of his Taxi Driver's 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 the Taxi Driver's Licence held by Mr B D be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr B D to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

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.

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 await the outcome of court proceedings.

(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 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 await the outcome of court proceedings.

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.

(c) TAXI DRIVERS LICENCE - REQUEST FOR HEARING

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.