Licensing Committee - 26/06/2014

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

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 5th June, 2014 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Lesley Brennan declared a non-financial interest in the item of business at Article V(c) by virtue of constituency business and left the Chamber prior to its consideration.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 5th June and 9th June, 2014 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

III THEATRES ACT 1968

(a) APPLICATION FOR THE PUBLIC PERFORMANCE OF PLAYS

There was submitted the undernoted application.

In the case of this application, having noted that there were no objections and that all outstanding documentation had now been submitted to the satisfaction of relevant departments, the Committee agreed that the application be granted.

IV 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.

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

(b) LATE HOURS CATERING - NEW APPLICATION

There was submitted the undernoted 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 heard the Clerk and noting that the applicant had not submitted their Unique Tax Reference Number, the Committee agreed that the application be considered incompetent.

(c) SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2, the Committee noted that the applicants were not present and agreed that the applications be considered in their absence. Thereafter, having noted that the applicants had submitted their Unique Tax Reference Numbers and there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 3, the Committee noted that a letter had been submitted by the Environment Department. The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Environment Department and the applicant on their own behalf, the Committee agreed that the application be granted subject to conditions.

(d) STREET TRADERS LICENCE - NEW APPLICATIONS AND REQUESTS FOR VARIATIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article III(d)(ii) of the minute of meeting of this Committee held on 5th June, 2014, wherein it was agreed to defer consideration of the application to allow details of the applicant's vehicle to be submitted. The Committee noted that application had also been made to vary Conditions 9 and 10 which required the vehicle to be moved every 15 minutes and not return within one hour and that the vehicle had still to be inspected by Environmental Health and Trading Standards. The Planning Department had also indicated that planning consent for change of use of land was required.

Thereafter, having heard the Clerk, 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 September meeting of this Committee to allow all supporting information to be submitted by the applicant as to photographic evidence as to the look and layout of the vehicle to be used in the operation of the licence and for copy of the consent from the land owner to be provided and for the Planning Department to confirm their position in relation to the operation of this licence.

In the case of Application No 2, reference was made to Article III(d)(iv) of the minute of meeting of this Committee held on 5th June, 2014, wherein it was agreed to defer consideration of the application to allow details of the applicant's vehicle to be submitted. The Committee noted that application had also been made to vary Conditions 9 and 10 which required the vehicle to be moved every 15 minutes and not return within one hour. The vehicle had still to be inspected by Environmental Health and Trading Standards. The Planning Department had also indicated that planning consent for change of use of land was required. Thereafter, having heard the applicant on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed to grant the variation and that it be delegated to the Convener to grant the application once the vehicle had been inspected and approved to the satisfaction of the Environmental Health and Trading Standards Department.

(e) TAXI DRIVER TRAINING

Reference was made to Article III(e) of the minute of meeting of this Committee held on 5th June, 2014, wherein it was agreed that consideration of the proposal for a taxi driver training course be deferred to allow a demonstration of the wheelchair module of the course to take place. It was reported that this demonstration took place on 17th June, 2014.

There was submitted a copy of the original proposal submitted by Dundee and Angus College for the taxi driver training course which included the main aspects of the pilot course held in January, 2014 with some minor amendments and the inclusion of a module on World Host principles of customer services.

The Committee gave consideration to the content of the proposal. Thereafter, having heard representatives of Dundee and Angus College, the Committee agreed:-

(i) that the course provided by Dundee and Angus College be added to the list of approved training courses; and

(ii) that it be a condition of all Taxi Driver's Licences that the driver must pass an approved training course by 31st May, 2017 (the date of the next renewal) and that failure to pass the course would result in the licence not being renewed.

(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 3 and 4, the Committee noted that the applicants were not present and agreed that the applications 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.

In the case of Application Nos 2 and 5, the Committee noted that this application had been withdrawn from consideration by the applicant.

V HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, having heard the representative on behalf of the Housing Department and a representative on behalf of the applicant, and receiving confirmation that a Certificate of Compliance had now been submitted to the satisfaction of the Licensing Department, the Committee agreed that the application be granted.

In the case of Application Nos 2 and 4, having heard the representative of the Housing Department and a representative on behalf of the applicants, the Committee agreed that the applications be granted.

In the case of Application No 3, having heard the representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

In the case of Application Nos 14 and 15, having heard the representative on behalf of the Housing Department and a representative on behalf of the applicants, and receiving confirmation that a Certificate of Compliance had now been submitted to the satisfaction of the Licensing Department, the Committee agreed that the applications be granted.

In the case of Application Nos 18 to 21, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

In the case of Application Nos 5, 6, 7, 8, 9, 10, 11, 12 and 13, having heard the representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application No 16, the Committee noted that a letter of objection had been submitted by a member of the public relevant to this application and that a letter of support had also been submitted on behalf of the applicant and that a Certificate of Compliance had now been submitted to the satisfaction of the Licensing Department.

Thereafter, having heard the representative of the Housing Department, an agent on behalf of the objector, the objector on their own behalf, a representative on behalf of the applicant, the representative of the Chief Constable, consideration of the advice of the Legal Officer, and consideration of supporting information in the format of photographic and documentary evidence which had been submitted by the agent on behalf of the objector, the Committee agreed that the application be refused.

In the case of Application No 17, reference was made to Article IV(a) of the minute of meeting of this Committee held on 6th March, 2014, wherein the Committee agreed to grant the application. It was reported that the objector had appealed to the Sheriff and that the application had been remitted back to the Committee for re-consideration. There was submitted the original letter of objection from a member of the public relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Housing Department, an agent on behalf of the objector, a representative on behalf of the applicant, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION - UPDATE

There was submitted the undernoted application.

Reference was made to Article III(a) of the minute of meeting of the Licensing Committee held on 9th January, 2014, wherein the Committee agreed to grant the application but to recall the matter in six months' time for an update from the Private Sector Services Manager on the operation of the licence.

Thereafter, having heard the representative from the Housing Department and the representative of the Chief Constable, the Committee noted that there were no adverse observations on the operation of the licence and agreed that no further action be taken.

(c) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS - UPDATES

There were submitted the undernoted applications.

In the case of Application Nos 1 to 3, the Committee noted that no further action was required.

(d) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Applications Nos 2 and 3, the Committee noted that the applicants were not present and agreed that the applications be considered in their absence. There were submitted letters of observation from the Housing Department relevant to these applications. The Committee gave consideration to the content of the letters. Thereafter, having heard the representative of the Housing Department and receiving confirmation that the works outlined within the letters of observation had now been completed, the Committee agreed that the applications be granted and that the applicants be issued with a warning letter as to their non-attendance.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. There was submitted a letter of observation from the Housing Department relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Housing Department and the Clerk, the Committee agreed that the application be granted, subject to conditions that the works outlined within the letter be completed within a period of one month from the date of this Committee and that a warning letter be issued to the applicant as to their non-attendance.

In the case of Application No 4, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. There was submitted a letter of observation from the Housing Department relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Housing Department, the Committee agreed that the application be refused.

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 CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) Reference was made to Article VIII(b)(i) of the minute of meeting of this Committee held on 27th March, 2014, wherein the Committee agreed to defer consideration of the application submitted by Mr R C for a Taxi Driver's Licence to await the outcome of court proceedings.

There was submitted an application by Mr R C for a Taxi Driver's Licence.

There was submitted the original letter of representation from the Chief Constable relevant to this application. 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 that consideration of the application be further deferred until the meeting of this Committee to be held in January, 2014 to await the outcome of court proceedings and to allow for the applicant to submit their Unique Tax Reference Number.

(ii) Reference was made to Article VIII(b)(ii) of the minute of meeting of this Committee held on 27th March, 2014, wherein the Committee agreed to defer consideration of the application submitted by Mr R U for a Taxi Driver's Licence to await the outcome of court proceedings.

There was submitted an application by Mr R U for a Taxi Driver's Licence.

There was submitted the original letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. 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 noted that the Unique Tax Reference Number had now been submitted to the satisfaction of the Licensing Department and agreed that consideration of the application be deferred until the meeting of this Committee to be held in September, 2014 to await the outcome of court proceedings.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article VII(c)(i) of the minute of meeting of the Licensing Sub‑Committee held on 5th June, 2014, wherein it was agreed to adjourn the suspension hearing in relation to the fitness of Mr M A to be the holder of a Taxi Driver's Licence to allow Mr M A to attend OHSAS to establish his medical fitness to be the holder of a Taxi Driver's Licence.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr M A during the currency of his Taxi Drivers Licence. There was also submitted a letter of complaint from a member of staff from the Licensing Department. There was also submitted a report from OHSAS.

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 documentation. Thereafter, having heard the Clerk, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that the licence holder be issued with a written warning as to their future conduct.

(ii) Reference was made to Article VII(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 9th January, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr G B for the unexpired portion.

The Committee noted that the Sheriff had remitted consideration of the matter back to the Committee.

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 letters of information from the Chief Constable and the original letter of information from a member of the public relevant to the alleged conduct of Mr G B during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable and the Clerk, the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held on 28th July, 2014 to allow the matter to be considered, together with the application by Mr G B for renewal of his Taxi Driver's Licence.

(iii) Reference was made to Article VII(b)(iv) of the minute of meeting of the Licensing Committee held on 9th January, 2014, wherein it was agreed to recall the immediate suspension of the Taxi Driver's Licence held by Mr J H and to adjourn the hearing to the meeting of this Committee for an update from the Chief Constable on the operation of the licence.

There were submitted the original letters of information from the Chief Constable relevant to the alleged conduct of Mr J H during the currency of his Taxi Drivers Licence. There was also submitted the original letter of support submitted on behalf of the licence holder and the medical report from OHSAS.

The Committee gave consideration to the content of the documentation. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(iv) Reference was made to Article III(f)(iv) of the minute of meeting of the Licensing Committee held on 1st May, 2014, wherein it was agreed to adjourn the suspension hearing in relation to the alleged conduct of Mr J E during the currency of his Taxi Driver's Licence to the meeting of this Committee and to continue the suspension of the Taxi Driver's Licence held by Mr J E with immediate effect.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J E 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned until the meeting of the Committee on 4th September, 2014 and that the licence be suspended in the meantime with immediate effect.

(v) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 10th June, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr A P with immediate effect and to hold a suspension hearing in relation to the alleged conduct of Mr A P during the currency of his Taxi Driver's Licence.

There was submitted letters of information from the Chief Constable relevant to the alleged conduct of Mr A P during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letters. Thereafter, having heard the representative of the Chief Constable and the licence holder on their own behalf, the Committee agreed that no further action be taken in relation to the incident narrated in the first letter from the Chief Constable and that the hearing be adjourned until the meeting of the Committee to be held in September, 2014 and to recall the immediate suspension of the Taxi Driver's Licence held by Mr A P with immediate effect during the intervening period.

(c) SECOND HAND DEALERS LICENCE - SUSPENSION HEARING

(i) Reference was made to Article II(b) of the minute of meeting of the Licensing Sub‑Committee held on 10th June, 2014, wherein it was agreed to suspend the Second Hand Dealer's Licence held by Mr C S with immediate effect and hold a suspension hearing in relation to the alleged conduct of Mr C S during the currency of his Second Hand Dealer's Licence.

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. There was also submitted a letter of support from the agent on behalf of the licence holder.

The Committee gave consideration to the content of the documentation. Thereafter, having heard the representative of the Chief Constable, an agent on behalf of the licence holder, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held in September, 2014 and to recall the immediate suspension of the Second Hand Dealer's Licence held by Mr C S with immediate effect during the intervening period.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 5th June, 2014.

APPENDIX I

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.

(a) TAXI DRIVER'S LICENCE - REQUEST FOR HEARINGS

(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. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held 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 S C 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 a hearing be held in due course in relation to the fitness of Mr S C 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 S L 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 a hearing be held in due course in relation to the fitness of Mr S L to be the holder of a Taxi Driver's Licence.

(iv) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A P 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 a hearing be held in due course in relation to the fitness of Mr A P to be the holder of a Taxi Driver's Licence.

The Convener agreed that the undernoted items of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

(v) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Ms V R during the currency of her 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 a hearing be held in due course in relation to the fitness of Ms V R to be the holder of a Taxi Driver's Licence.

(vi) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J McL 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 a hearing be held in due course in relation to the fitness of Mr J McL to be the holder of a Taxi Driver's Licence.

(b) TAXI OPERATOR'S LICENCE - REQUEST FOR HEARING

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Messrs J R and J R during the currency of their Taxi Operator's 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 that a hearing be held in due course in relation to the fitness of Messrs J R and J R to be the holders of a Taxi Operator's Licence.

(c) INDISCRIMINATE PARKING IN NETHERGATE

(i) There was submitted a note of information from the Licensing Department relative to the conduct of Mr M M during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the note submitted by the Licensing Department. The Sub-Committee noted that the licence holder had been observed parking indiscriminately and that he had been previously warned to stop the practice and that he had been issued with a final warning after a further infringement. Thereafter, the Sub-Committee agreed a hearing be held in relation to the fitness of Mr M M 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 9th June, 2014.

APPENDIX II

Present:-

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Lesley BRENNAN (present for Item II(a))

Councillor Georgia CRUICKSHANK (present for Item II(b))

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

Councillor Lesley Brennan declared a non-financial interest in the item of business at Article II(b) by virtue of the licence holder being known to her in the course of her constituency work and withdrew from the room prior to consideration whereupon Councillor Georgia Cruickshank took part in her place.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A P 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 Drivers Licence held by Mr A P be suspended with immediate effect and a hearing be held in due course in relation to the fitness of Mr AP to be the holder of a Taxi Driver's Licence.

(b) SECOND HAND DEALER'S LICENCE - REQUEST FOR HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C S during the currency of his Second Hand Dealer'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 Second Hand Dealers Licence held by Mr C S be suspended with immediate effect and that a hearing be held in due course in relation to the fitness of Mr C S to be the holder of a Second Hand Dealer's Licence.

Stewart HUNTER, Convener.