Licensing Committee - 05/02/2015

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th February, 2015.

 

Present:-

 

COUNCILLORS

 

John ALEXANDER

David BOWES

Laurie BIDWELL

Jimmy BLACK

Stewart HUNTER

Tom FERGUSON

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 8th January, 2015 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATION OF INTEREST

 

No declarations of interest were made.

 

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

 

The minutes of meetings of the Licensing Sub-Committee held on 22nd December, 2014, 5th January, 2015, 8th January, 2015 and 26th January, 2015 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II, III and IV.

 

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

The Committee noted that the undernoted applications had been granted under delegated powers.

 

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

 

LATE HOURS CATERING - NEW APPLICATIONS

 

No

Name

Address

 

1

Altea 4 Restaurants Ltd

21-25 Reform Street

2

Balmore Pizza Ltd

49 Dura Street

 

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

 

No

Name

 

1

Lee Brown

2

Caledonia Supercars Ltd, t/a Cars on Demand

3

Gary Craddock

4

Mark Finnegan

5

Daniela Ivanova

6

Wasif Khan

7

Skycabs Direct Ltd

 

PRIVATE HIRE DRIVER - NEW APPLICATIONS

 

No

Name

 

1

Glass Bucket Ltd

2

George A Miller

3

Angela Moran

4

Scott P Reid

 

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

 

No

Name

 

1

Claire Anderson

2

Kevin Wilson

 

TAXI DRIVER - NEW APPLICATIONS

 

No

Name

 

1

Jared Carver

2

Alfred J Cook

3

Brian Finnegan

4

George Forbes

5

Stuart S Mair

6

Scott T McDonald

7

David McPherson

8

James I Monks

9

Marilac A Das Chagas E Silva

10

William G Stewart

 

WINDOW CLEANER - NEW APPLICATIONS

 

No

Name

 

1

Ian J Dickinson

2

Alasdair Shine

3

William Thomson

 

(b) SECOND HAND DEALER - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Address

 

1

Iain McGeochie

Unit 1, Foundry Lane

 

In the case of this application, there was submitted an objection which had been received from the Planning Department and comments which had been submitted from the Environment Department relative to this application. The Committee gave consideration to the contents of the submission. Thereafter, having heard the Environmental Officer, the applicant on their own behalf and consideration of advice of the Legal Officer, the Committee agreed that the application be granted, subject to the applicant obtaining any necessary planning consent and the premises being inspected to the satisfaction of the Environment Department.

 

(c) STREET TRADER - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

 

1

Zen Butt

 

In the case of this application, the Committee noted that the applicant had withdrawn the application from consideration.

(d) TAXI DRIVER - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

 

1

Gary Martin

 

In the case of Application No 1, 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 pass the street test within the prescribed period, the Committee agreed that the application be refused.

 

IV HOUSING (SCOTLAND) ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION - A REVIEW OF THE EFFECTIVENESS OF THE OVER-PROVISION POLICY

 

There was submitted Report No 59-2015 by the Director of Housing reviewing the existing policy on over-provision in relation to applications for licences for Houses in Multiple Occupation in order to determine the effectiveness of the existing policy and, in particular, its ability to control over concentration within Census Output Areas.

 

The Committee gave consideration to the content of the report. Thereafter, having heard the representative of the Housing Department and consideration of the advice of the Legal Officer, the Committee agreed:-

 

(i) to maintain the existing policy and exemptions;

(ii) to the continued use of the 2001 Census Output Area boundaries;

(iii) to maintain the over-provision percentage at 12.5% city-wide with the exception of the City Centre; and

(iv) to approve the revised procedure enabling site visits to be carried out by the Committee when required.

 

The Committee further agreed to review the policy after every two years commencing February, 2017 and that the possibility of extending and utilising the Trusted Trader Scheme to cover HMO operators/agents be investigated by the Private Sector Services Manager and a report thereon be submitted to the Committee in due course.

 

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Person Responsible

Address

 

1

Athena Asset 6 S.a.r.l

Corporate Residential

Management Ltd/Keith White

Parker House, 15 Parker Street

(Flats A1 to F9) (81 applications)

2

Sheila M Phillips

2 Rent Me Property Ltd/

Richie Hawkins

15 Milnbank Gardens

3

David Whitecroft

Grant Property Solutions Ltd/

Peter Grant

2/0, 54 Bell Street

4

Rina Samsudin/

Ratnam Sangkaran

Grant Property Solutions Ltd/

Peter Grant

21C Union Place

5

Bethany R Dear

Grant Property Solutions Ltd/

Peter Grant

3/2, 32 Seagate

6

Edward and Eileen Maitland-Makgill-Crighton

26 Blyth Street

7

Gordon and Cheryl Stewart

2/2, 26 Mitchell Street

8

Deirdre McKean

23 Larch Street

9

Deirdre McKean

21 Gowrie Street

 

10

Deirdre McKean

2/2 & Attic, 103 Magdalen Yard Road

11

Deirdre McKean

38 Thomson Street

12

Deirdre McKean

29 Kinloch Park

13

Amelia Kennedy

2/1, 19 Blackness Avenue

14

Jonathan Ewington

1/1, 1 Graham Place

 

In the case of Application No 1, having heard a representative of the Housing Department and a representative on behalf of the applicant, the Committee agreed that the application be granted.

 

In the case of Application Nos 2, 3 and 5, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

 

In the case of Application No 4, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department, a representative on behalf of the applicant, the objector to the application, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to conditions and that the matter be recalled to the meeting of the Committee on 3rd September, 2015 with an update from the Private Sector Services Unit on the operation of the licence.

 

In the case of Application Nos 6 to 14, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

 

(c) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

 

There were submitted the undernoted applications.

 

1

11A Windsor Street

Change of day to day manager to Rockford Properties Ltd/Georgia Bedding.

2

G/2, 297 Hawkhill

Change of day to day manager to Rockford Properties Ltd/Georgia Bedding.

3

3/0, 26 Union Street

Change of day to day manager to Westport Property Ltd/Adam Hutcheson.

4

1/0, 10 Tay Square

Change of day to day manager to Westport Property Ltd/Adam Hutcheson

5

2/0, 10 Tay Square

Change of day to day manager to Westport Property Ltd/Adam Hutcheson.

6

G/0, 41 Dudhope Street

Change of day to day manager to Westport Property Ltd/Adam Hutcheson.

7

G/1, 19 Windsor Street

Change of day to day manager to Rockford Properties Ltd/Georgia Bedding.

8

2/0, 14B Union Street

Change of day to day manager to Rockford Properties Ltd/Neil Thomson.

 

In the case of Application Nos 1 to 8 there being no objections, the Committee agreed that the applications 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 REGISTRATION OF CERTAIN LANDLORDS - SUSPENSION HEARINGS

 

Reference was made to Article V(iii) of the minute of meeting of this Committee held on 8th January, 2015, wherein it was agreed that consideration of the hearing in relation to the suitability of N to be registered as a landlord be adjourned to this meeting at the request of the agent for N.

 

The original letter of information from the Private Sector Services Manager was submitted, together with a letter of support submitted by the agent on behalf of the licence holder.

 

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 and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that the landlord be issued with a final written warning as to their future conduct and that the landlord be required to attend each of the relevant quarterly seminars organised by the Housing Department in Dundee over the next year and that the matter be recalled in a year for an update from the Housing Department on the matter and that the landlord be in attendance at the Committee at that time.

 

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) SECOND HAND DEALER'S LICENCE - RENEWAL UPDATE

 

Reference was made to Article IV(a) of the minute of meeting of the Licensing Committee held on 2nd October, 2014, wherein it was agreed to grant Mr J A a Second Hand Dealers Licence and that a report be submitted to the Committee after a period of four months on the operation of the licence.

 

There was submitted the original letter of objection which had been received from the Chief Constable relevant to this application.

 

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

 

Thereafter, having heard the representative of the Chief Constable and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Committee agreed that no further action be taken.

 

(b) SKIN PIERCING AND TATTOOING - NEW APPLICATION

 

Reference was made to Article VIII(b) of the minute of meeting of the Licensing Committee held on 1st May, 2014, wherein it was agreed to appoint Mr A F as day to day manager of a skin piercing and tattooing establishment and that the application for renewal be submitted to the Committee.

 

There was submitted an application by Mr A F for a Skin Piercing and Tattooist Licence.

 

Thereafter, having heard an agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, but only until 7th February, 2017.

 

(c) TAXI DRIVER - NEW APPLICATION

 

There was submitted an application by Mr N A for a Taxi Driver's Licence.

 

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

 

The Committee noted that the UK Border Agency had indicated that Mr N A had a UK Residence Permit which would expire on 8th February, 2017. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be granted, but only until 7th February, 2017.

 

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

 

(i) Reference was made to Article VII(b)(i) of the minute of meeting of this Committee held on 8th January, 2015, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr D F during the currency of his Taxi Drivers Licence to allow the licence holder to attend.

 

The Committee gave consideration to the matter.

 

Thereafter, having heard the Environmental Compliance Manager, 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.

 

(ii) Reference was made to Article VI(f)(iii) of the minute of meeting of this Committee held on 6th November, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R I during the currency of his Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings.

 

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

 

There was also submitted the letter of objection to the renewal of the Taxi Drivers Licence held by Mr R I by the Chief Constable.

 

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 letters. Thereafter, having heard the representative of the Chief Constable, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 5th March, 2015 to await the outcome of court proceedings.

 

(iii) Reference was made to Article VII(d)(iv) of the minute of meeting of this Committee held on 4th December, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr S McD during the currency of his Taxi Driver's Licence to this meeting of the 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 S McD during the currency of his Taxi Driver'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 the representative of the Chief Constable, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 5th March, 2015 to await the outcome of court proceedings.

 

(iv) Reference was made to Article II(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 8th January, 2015, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr G McN during the currency of his Taxi Driver's Licence.

 

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

 

The Committee noted that the licence holder was not present. Thereafter, having heard the Legal Officer the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held on 5th March, 2015 to allow the licence holder to be present.

(v) Reference was made to Article II(a)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 2nd October, 2014, 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 this meeting of the Committee to await the outcome of court proceedings.

 

There was submitted the original letters of information from the Chief Constable relevant to the alleged conduct of Mr S M during the currency of his Taxi Driver's Licence.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard the agent on behalf of the licence holder and the representatives of the Chief Constable, the Committee agreed to issue the licence holder with a final written warning as to their future conduct and recall the matter in six months time for an update from the Chief Constable.

 

(vi) Reference was made to Article II(a) of the minute of meeting of this Committee held on 22nd December, 2014, wherein it was agreed to recall the suspension of the Taxi Driver's Licence held by Mr M W with immediate effect and to adjourn the hearing to the meeting of the Committee of 30th April, 2015 to await the outcome of court proceedings and to provide an update at this meeting of the Committee.

 

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr M W during the currency of his 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 a representative of the Chief Constable, the Committee agreed to defer the update to the meeting of this Committee to be held on 30th April, 2015.

 

(vii) Reference was made to Article VIII(d)(viii) of the minute of meeting of this Committee held on 4th December, 2014, wherein it was agreed to defer the hearing in relation to the fitness of Mr A W to be the holder of a Taxi Driver's Licence to this meeting of the Committee.

 

There was submitted a letter of information from OHSAS relevant to the fitness of Mr A W 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.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer and receiving confirmation that the licence holder had surrendered their licence, the Committee agreed to note that no further action was required.

 

(e) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

 

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 5th January, 2015, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr  S T with immediate effect and hold a hearing in relation to the fitness of Mr S T to be holder of a Taxi Driver's Licence at this meeting of the Committee.

 

There was submitted a letter of information from the Chief Constable relevant to the fitness of Mr S T to be the holder of a Taxi Driver's Licence and Taxi Operators Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr S T with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 5th March, 2015, subject to confirmation being received that the licence holder met Group 2 Standards and was medically fit to be the holder of a Taxi Driver's Licence and that no action be taken in relation to the Taxi Operators Licence held by Mr S T during the intervening period.

 

(f) TAXI OPERATORS LICENCE - REQUEST FOR VARIATION

 

There was submitted a request for variation by Mr C C in relation to his Taxi Operator's Licence. The Committee gave consideration to the grounds of the application, together with supporting information submitted from the applicant's representatives. Thereafter, having heard a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the application be granted, subject to the condition that the licence holder be the only driver of the vehicle during the operation of the licence, other than the rare occasion where the licence holder may appoint a driver to allow for holiday cover.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 22nd December, 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 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 DRIVERS LICENCE REQUEST FOR SUSPENSION

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C R 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 that the Taxi Drivers Licence held by Mr C R be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr C R to be the holder of a Taxi Drivers Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 5th January, 2015.

 

APPENDIX II

 

Present:-

 

COUNCILLORS

 

Stewart HUNTER

David BOWES

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 item of business on the grounds that it 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.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

 

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

 

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard from the Chief Constables representative and the Legal Officer, the Sub-Committee agreed that the Taxi Drivers Licence held by Mr S T be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr S T to be the holder of a Taxi Drivers Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 8th January, 2015.

 

APPENDIX III

 

Present:-

 

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Tom FERGUSON

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

Unless marked thus * all items stand delegated.

 

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

 

I DECLARATION OF INTEREST

 

No declarations of interest were made.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article VII(d)(i) of the minute of meeting of the Licensing Committee held on 4th December, 2014, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr M C during the currency of his Taxi Drivers Licence to this meeting to await the outcome of court proceedings.

 

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

 

The Sub-Committee noted that the licence holder was not present. Thereafter, having heard a representative of the Chief Constable, the Sub-Committee agreed to further adjourn the hearing until the meeting of this Sub-Committee to be held on 26th March, 2015, to await the outcome of Court proceedings.

 

(ii) Reference was made to Article VII(d)(iii) of the minute of meeting of the Licensing Committee held on 4th December, 2014, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr U K during the currency of his Taxi Drivers Licence to await the outcome of court proceedings.

 

There was submitted a letter of information from the Chief Constable relative 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. Thereafter, having heard a representative of the Chief Constable, the Sub-Committee agreed to further adjourn the hearing until the meeting of this Sub-Committee to be held on 26th March, 2015 to await the outcome of court proceedings.

 

(iii) Reference was made to Article III(a)(i) of the minute of meeting of the Licensing Committee held on 26th August, 2014, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr C L during the currency of his Taxi Drivers Licence to this meeting of the Committee.

 

There was submitted a letter of information from the Chief Constable relative to the conduct of Mr C L 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 licence holder on their own behalf 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 4th June, 2015, to await the outcome of court proceedings.

 

(iv) Reference was made to Article II(a)(ix) of the minute of meeting of this Sub‑Committee held on 27th March, 2014, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr R McL during the currency of his Taxi Drivers Licence to this meeting of the Licensing Sub-Committee.

 

There was submitted a letter of information from the Chief Constable relative 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 a representative of the Chief Constable and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub-Committee agreed to take no further action.

 

(v) Reference was made to Article VII(d)(vii) of the minute of meeting of the Licensing Committee held on 4th December, 2014, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr J R during the currency of his Taxi Drivers Licence to this meeting of the Licensing Sub-Committee to allow the licence holder to be present.

 

There was submitted a letter of information from the Environmental Compliance Manager relative to the 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 heard the Environmental Compliance Manager, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed to give the licence holder a verbal warning as to his future conduct and take no further action.

 

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

 

(i) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr G McN 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 G McN to be the holder of a Taxi Drivers Licence.

 

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

 

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C K 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 K to be the holder of a Taxi Drivers Licence.

 

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Ms C P 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 Ms C P to be the holder of a Taxi Drivers Licence.

(iv) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M A 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 M A to be the holder of a Taxi Drivers Licence.

 

(c) INDISCRIMINATE PARKING IN NETHERGATE

 

There was submitted a note of information from the Licensing Department relative to the conduct of the following taxi drivers during the currency of their Taxi Driver's Licences.

 

(i) Mr S Y

(ii) Mr K A

(iii) Mr D O

(iv) Ms L S

 

The Sub-Committee gave consideration to the content of the note submitted by the Licensing Department. The Sub-Committee noted that the licence holders Mr S Y, Mr K A and Mr D O had been observed parking indiscriminately and that they had all been previously warned to stop the practice. The Sub-Committee also noted that licence holder Ms L S had been given a final written warning for having been observed parking indiscriminately on three occasions. Thereafter, the Sub-Committee agreed:-

 

(i) that final written warnings be issued to Mr S Y, Mr K A and Mr D O and to note that any further infringements would result in requests for hearings in relation to their fitness to be the holders of Taxi Driver's licences; and

 

(ii) that a hearing be held in due course in relation to the fitness of Ms L S to be the holder of a Taxi Drivers Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 26th January, 2015.

 

APPENDIX IV

 

Present:-

 

Councillor David BOWES

Councillor Jimmy BLACK

Councillor Tom FERGUSON

 

Councillor David BOWES, Depute Convener, in the Chair.

 

Unless marked thus * all items stand delegated.

 

The Depute 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 B S 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 S be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr B S to be the holder of a Taxi Driver's Licence.

 

 

 

 

David BOWES, Depute Convener.