Licensing Committee - 22/04/2015

At a MEETING of the LICENSING COMMITTEE held at Dundee on 22nd April, 2015.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 26th March 2015 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

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.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(a)(i) of the minute of meeting of Licensing Sub‑Committee held on 16th March, 2015 wherein it was agreed that the Taxi Driver's Licence held by Mr J H be suspended with immediate effect and that a hearing be held in relation to the fitness of Mr J H to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr J H during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder and the licence holder on their own behalf, the Committee agreed to recall the suspension of the Taxi Driver's Licence held by Mr J H with immediate effect and to adjourn the hearing to the meeting of this Committee to be held on 3rd September, 2015 to await the outcome of court proceedings and that an update on the matter be provided at the meeting of this Committee to be held on 4th June, 2015.

(ii) Reference was made to Article II(a) of the minute of meeting of Licensing Sub-Committee held on 17th March, 2015 wherein it was agreed that the Taxi Driver's Licence held by Mr M I be suspended with immediate effect and that a hearing be held in relation to the fitness of Mr M I to be the holder of a Taxi Driver's Licence.

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and the licence holder on their own behalf, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr M I with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 4th June 2015 to await the outcome of court proceedings.

(iii) Reference was made to Article II(c) of the minute of meeting of Licensing Sub‑Committee held on 26th March, 2015 wherein it was agreed that the Taxi Driver's Licence held by Mr S K be suspended with immediate effect and a hearing be held in relation to the fitness of Mr S K to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr S K 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 a representative of the Chief Constable the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr S K with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 4th June, 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 26th March, 2015 wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable together with a further letter of complaint from the Chief Constable relevant to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of a letter of support tabled by the Licence Holder and which they then retained the Committee agreed that the hearing be adjourned until the meeting of this Committee to be held on 3rd September, 2015 to await the outcome of court proceedings and that the licence holder attend OHSAS during the intervening period to establish their medical fitness to be the holder of a Taxi Driver's Licence.

(v) Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 26th March, 2015 wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr R R 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 R R during the currency of his Taxi Driver's Licence.

The 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 Principal General Services Officer the Committee agreed that the Taxi Driver's Licence held by Mr R R be suspended for a period of one week and that the Licensing Office provide guidance to the licence holder on approved CCTV systems and their installation.

(vi) Reference was made to Article II(a)(ii) of the minute of meeting of Licensing Sub-Committee held on 16th March, 2015 wherein it was agreed that the Taxi Driver's Licence held by Mr C S be suspended with immediate effect and a hearing be held in relation to the fitness of Mr C S to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr C S during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder 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 C S with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 4th June, 2015.

Stewart HUNTER, Convener.