Licensing Sub-committee - 08/01/2015

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

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.

(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.

(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.

(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.

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.

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Licensing Sub-committee - 08/01/2015

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

I DECLARATION OF INTEREST

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Dundee City Council