Licensing Committee - 30/04/2015

At a MEETING of the LICENSING COMMITTEE held at Dundee on 30th April, 2015.

 

Present:-

 

COUNCILLORS

 

Jimmy BLACK

Stewart HUNTER

Laurie BIDWELL

David BOWES

Ken LYNN

Lesley BRENNAN

 

Mohammed ASIF

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 22nd April 2015 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATION OF INTEREST

 

Councillor Asif declared a non-financial interest in the items of business at Articles IV(c)(i) and IV(c)(xii) by virtue of the representative of the applicants being known to him in a professional capacity.

 

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

 

The minute of meeting of the Licensing Sub-Committee held on 26th March, 2015 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

 

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.

 

PRIVATE HIRE DRIVER - NEW APPLICATION

 

No

Name

1

John MacCrimmon

 

PRIVATE HIRE OPERATORS - NEW APPLICATION

 

No

Name

1

B E McDade

2

Daniela Ivanova

3

Timms Taxis X 20

 

SECOND HAND DEALER NEW APPLICATION

 

No

Name

Address of Premises

1

Lochee Cars Ltd, t/a Dundee Vehicle Sales

1 Sinclair Street

2

Sayeed Ahmed

92 Nethergate

3

Taycars Dundee Ltd

1 Fairmuir Street

 

TAXI DRIVER NEW APPLICATIONS

 

No

Name

1

Raymond Ballantyne

2

Alan A Gray

3

Imtiaz Hussain

4

Edward Low

5

Steven McKinnon

6

Shohel A Siddique

 

WINDOW CLEANER - NEW APPLICATION

 

No

Name

1

Stewart Knox

2

Craig Young

3

Zdzislaw Zglinicki

 

(b) TAXI OPERATOR- VARIATION

 

There was submitted the undernoted application for variation.

 

No

Name

1

Gordon Breen

 

In the case of this application, the Committee noted that a request for variation had been made to allow tinted windows on the vehicle involved in the operation of the licence. Thereafter, having heard the licence holder on their own behalf, the representative of the Chief Constable and consideration of the advice of the Legal Officer the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 4th June 2015 to allow for further information to be submitted in relation to the current policy and the position in relation to the options put forward by the applicant, including the level of tint on the window of his vehicle.

 

IV HOUSING (SCOTLAND) ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Person Responsible

Address

1

Anna-Lill James Whittet

Premier Property Mngt/Christopher Harland

7 Blackness Avenue (1/1)

 

2

Jonathan Ewington

Grant Property Solutions/Peter Grant

1 Graham Place (1/1)

 

3

West One Residential Ltd

West One Residential Ltd/Lee Chadwick

15B South Tay Street

 

4

West One Residential Ltd

West One Residential Ltd/Lee Chadwick

15C South Tay Street

 

5

Lee Chadwick

Campus Apts 2(11) Blinshall Street

6

Karan Sud

14 Larch Street

7

Dawn & Mark Fletcher

23c Union Place

8

Dawn & Mark Fletcher

11 Morgan Street (A/1)

9

Dawn & Mark Fletcher

246 Perth Road (2/1)

10

Urai & Timothy Organ

5 Blackness Avenue (1/2)

11

7Greenleaf Ltd

246 Perth Road (1/2)

12

Hugh & Lynn MacKenzie

132A Nethergate (1/1)

 

13

Elaine & Richard Black

7 Blackness Avenue (1/2)

14

Karen Lowden

30 Perth Road (Flat 2)

15

Adam Hall

89 Albert Street

16

David & Lynda Reid

6 Springhill Gardens

17

Balgowan Investments Ltd

2 Daniel Terrace

 

In the case of Application Nos 1 to 4, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

 

In the case of Application Nos 5 to 17, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

 

(b) HOUSES IN MULTIPLE OCCUPATION VARIATION

 

There was submitted the undernoted application for variation.

 

No

Address

Nature of Variation

1

11 Albany Terrace

Change of day to day manager to 2 Rent Me Property Ltd/Richard Hawkins

 

In the case of this Application, there being no objections, the Committee agreed that the application for variation be granted.

 

(c) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Person Responsible

Address

1

Manse Properties

Easylets Limited/Jack Reavley

166 Perth Road (3/2)

 

 

2

Manse Properties

Easylets Limited/Jack Reavley

166 Perth Road (3/1)

 

 

3

Natalie Durk

Natalie Durk, 20 Glendevon Place Edinburgh

 

82 Seafield Road

4

David Bedding and

June Bedding

Rockford Properties Ltd

 

 

12 Garland Place (3/1)

5

Tolson & Lynda Sherwood

2 Rent Me Property/Richard Hawkins

 

 

324A Perth Road

6

Laura Rosbottom

2 Rent me Property Ltd/Richard Hawkins

 

 

5 Roseangle(3/1)

7

Laura Rosbottom

2 Rent me Property Ltd/Richard Hawkins

 

 

5 Roseangle (3/2)

8

Robert Rosbottom

2 Rent me Property Ltd/Richard Hawkins

 

 

5 Roseangle (G/2)

9

John Forbes

Janis Forbes

10B Westfield Place

10

Giles Thomas and

Deanne Thomas

Rockford Properties/Neil Thomson

54 Seafield Road (2/1)

 

 

 

11

Christopher J Logan

Finlayson Gore Ltd/Eilidh Finlayson

 

 

37 Taylors Lane

12

Michael Devlin

Easylets Ltd/Jack Reavley

58 Seafield Road (T/L)

 

 

In the case of Application Nos 1 to 5, having heard a representative of the Housing Department and a representative on behalf of the applicants and consideration of the advice of the Legal Officer the Committee agreed that the applications be granted subject to required works being completed to the satisfaction of the Housing Department.

 

In the case of Application Nos 6, 7 and 8, having heard a representative of the Housing Department, a representative on behalf of the applicants, and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the applications be deferred to the meeting of this Committee to be held on 3rd June 2015 to allow for an external site visit to be held by members of the Committee at the vicinity of the locations applied for.

 

In the case of Application No 9, the Committee noted that the objector to the application was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter of objection which had been submitted by a member of the public relevant to this application. Thereafter, having heard the representative of the Housing Department, a representative on behalf of the applicant, the representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer and consideration of a further letter in relation to the letter of objection which had been submitted and a letter of support both of which had been tabled, the Committee agreed that the application be granted.

 

In the case of Application Nos 10, 11, and 12, having heard the representative of the Housing Department, and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the applications be deferred to the meeting of this Committee to be held on 3rd June 2015 to allow for an external site visit to be held by members of the Committee at the vicinity of the location applied for.

 

(d) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION - UPDATE

 

Reference was made to Article IV(a) of the minute of meeting of the Licensing Committee held on 2nd October, 2014, wherein the Committee agreed to grant the renewal of the undernoted application and to recall the matter to this meeting of the Committee for an update from the Private Sector Services Manager on the operation of the licence.

 

No

Name

Person Responsible

Address

1

Alistair & Callum Watson

Downfield Property/Brian Webster

8a Westfield Place

 

In the case of this matter, having heard 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 - HOUSE IN MULTIPLE OCCUPATION LICENCE

 

(a) REVOCATION HEARING

 

(i) Reference was made to Article II(b) of minute of meeting of the Licensing Sub-Committee held on 5th February 2015 wherein it was agreed to hold a hearing in relation to the House in Multiple Occupation Licence held by Company D.

 

There was submitted the relevant correspondence from a member of the public relevant to the House in Multiple Occupation Licence held by Company D. The Committee gave consideration to the content of the correspondence. Thereafter, having heard the representative of the Housing Department, the agent on behalf of the licence holder, a representative on behalf of the licence holder, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

 

VI ANTISOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 REGISTRATION OF CERTAIN LANDLORDS

 

(a) REQUESTS FOR HEARINGS

 

(i) There was submitted a letter of information from the Chief Constable relevant to the registration of Mr C H as a landlord.

 

The Committee agreed to note that this item of business had been withdrawn from consideration.

 

(ii) There was submitted a letter of information from the Housing Department relevant to the registration of Mr C M as a landlord.

 

The Committee agreed to note that this item of business had been withdrawn from consideration.

 

(iii) There was submitted a letter of information from the Chief Constable relevant to the registration of Mr M C as a landlord.

 

The Committee agreed to note that this item of business had been withdrawn from consideration.

 

Councillor Bidwell entered the meeting prior to consideration of the undernoted item of business.

 

(b) HEARINGS

 

(i) Reference was made to Article VI(b)(i) of minute of meeting of this Committee held on 26th March, 2015 wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr E A during the currency of his registration as a landlord to allow the applicant to be in attendance.

 

There was submitted the original memorandum from the Housing Department relevant to this matter. 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 applicant, the applicant on their own behalf, the representative of the Chief Constable and consideration of supplementary information tabled by the representative of the Housing Department and consideration of the advice of the Legal Officer, the Committee agreed that Mr E A be considered not fit and proper and agreed to defer a decision as to whether he should continue to be registered as a landlord to the meeting of this Committee to be held on 3rd June 2015 to enable alternative management arrangements to be explored to the Committees satisfaction.

 

(ii) Reference was made to Article VI(a)(i) of minute of meeting of this Committee held on 26th March, 2015, wherein it was agreed to hold a hearing in relation to the suitability of Mr D B to be registered as a landlord.

 

There was submitted a letter of information from the Housing Department relevant to this matter. The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, and consideration of a letter of support from the agent acting for the applicant which was tabled by the applicant and retained by the applicant, the Committee agreed to grant the application for registration and that this be limited to one property only and that the matter be reviewed at the meeting of this Committee to be held on 3rd September 2015.

 

(iii) Reference was made to Article VI(a)(ii) of minute of meeting of this Committee held on 26th March, 2015, wherein it was agreed to hold a hearing in relation to the suitability of Mr M S to be registered as a landlord.

 

There was submitted a letter of information from the Housing Department relevant to this matter. The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Housing Department, the licence holder on their own behalf, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to grant registration.

 

Councillor Brennan left the meeting prior to consideration of the undernoted item of business and reentered during its consideration and took no part in its deliberation.

 

(iv) Reference was made to Article VI(b)(iii) of minute of meeting of this Committee held on 26th March, 2015, wherein it was agreed to adjourn the hearing in relation to the suitability of Mr R W to be registered as a landlord to allow the licence holder to be in attendance.

 

There was submitted the original memorandum from the Housing Department relevant to this matter. 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 applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that Mr R W be considered not fit and proper but that he still be registered as a landlord subject to the conditions that a suitable managing agent be appointed to the satisfaction of the Housing Department and that his registration be limited to one property only and that the matter be submitted to the Committee for review after a period of six months.

 

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) PRIVATE HIRE DRIVER SUSPENSION HEARING

 

(i) Reference was made to Article VII(a)(i) of the minute of meeting of this Committee held on 5th March, 2015, wherein it was agreed to continue the suspension of the Private Hire Driver's Licence held by Mr D N with immediate effect and to hold a fresh hearing at this meeting of the Committee.

 

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr D N during the currency of his Private Hire 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 to continue the suspension of the Private Hire Drivers Licence held by Mr D N with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 4th June, 2015.

 

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

(i) There was submitted an application by Mr R S for a Taxi Drivers Licence.

 

There was submitted a 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, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Convener, seconded by Councillor Bowes, moved that the application be refused.

 

As an amendment, Councillor Brennan, seconded by Councillor Asif, moved that the application be granted for a period of six months.

 

On a division, there voted for the motion Councillors Hunter, Bowes, Black, Lynn and Bidwell (5), and for the amendment Councillors Asif and Brennan (2) - whereupon the motion was declared carried and the application was refused.

 

(ii) There were submitted an application by Mr A A for a Taxi Drivers Licence.

 

The Committee noted that the UK Border Agency had indicated that Mr A As residence permit giving him authority to remain in the country would expire on 19th May 2015 giving him authority to remain in the country. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, until 18th May 2015 whilst Mr A A had authority to remain in the country and that thereafter the licence would expire unless Mr A A was in a position to apply for renewal of the licence.

 

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article VII(c)(i) of the minute of meeting of this Committee held on 26th March, 2015, wherein it was agreed to recall the suspension of the Taxi Drivers Licence held by Mr R B with immediate effect and hold a fresh hearing in relation to the alleged conduct of Mr R B during the currency of his Taxi Driver's Licence at 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 R B during the currency of his Taxi Drivers Licence.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and an agent on behalf of the licence holder, the Committee agreed that no further action be taken.

 

(ii) Reference was made to Article VII(d)(ii) of the minute of meeting of this Committee held on 4th February, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr S C 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 C during the currency of his Taxi Drivers Licence.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and an agent on behalf of the licence holder, the Committee agreed that no further action be taken.

 

(iii) Reference was made to Article VIII(b)(i) of the minute of meeting of this Committee held on 5th March, 2015, 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 a letter of information from the Chief Constable relevant to the alleged conduct of Mr R I during the currency of his Taxi Drivers Licence. There was also submitted an objection to the renewal of the licence from 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 4th June, 2015 to await the outcome of court proceedings.

 

(iv) Reference was made to Article VII(a)(ii) of the minute of meeting of this Committee held on 26th March, 2015, wherein it was agreed to adjourn the update in relation to the operation of the Taxi Drivers Licence held by Mr M J to this meeting of the Committee to allow the licence holder to be present.

 

There was submitted the original letter of representation from the Chief Constable relevant to the application by Mr M J for a Taxi Drivers Licence.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and the representative on behalf of the licence holder, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 4th June, 2015 to await the outcome of court proceedings.

 

(v) Reference was made to Article VI(d)(ii) of the minute of meeting of this Committee held on 5th February, 2015, wherein it was agreed to further 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 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 the representative of the Chief Constable, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 3rd September, 2015 to await the outcome of court proceedings.

 

(vi) Reference was made to Article VIII(b)(iv) of the minute of meeting of this Committee held on 5th March, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C R 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 C R during the currency of his Taxi Drivers Licence.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, and an agent for the licence holder, the Committee agreed that no further action be taken.

 

Councillor Bidwell was not present during the consideration of the undernoted item of business.

 

(vii) Reference was made to Article VII(c)(iv) of the minute of meeting of this Committee held on 26th March, 2015, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr D S during the currency of his Taxi Driver's Licence to this meeting of the Committee to allow the licence holder to be in attendance.

 

There was submitted a letter of information from the Environmental Compliance Manager relevant to the conduct of Mr D S 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 the Environmental Compliance Manager, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to suspend the Taxi Drivers Licence held by Mr D S for a period of two months.

 

(viii) Reference was made to Article VIII(b)(vi) of the minute of meeting of this Committee held on 5th March, 2015, wherein it was agreed to continue the suspension of the Taxi Drivers Licence held by Mr G S with immediate effect and hold a fresh the hearing at 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 G S 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 the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by Mr G S with immediate effect and hold a fresh hearing at the meeting of this Committee to be held on 4th June, 2015 to await the outcome of court proceedings.

 

(ix) Reference was made to Article VIII(b)(v) of the minute of meeting of this Committee held on 5th March, 2015, wherein it was agreed to continue the suspension of the Taxi Drivers Licence held by Mr B S with immediate effect and hold a fresh hearing at this meeting of the Committee to await the outcome of court proceedings and to allow the licence holder to be present.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr B S 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 the representative of the Chief Constable and considered the advice of the Legal Officer the Committee agreed to suspend the licence for its unexpired period.

 

(x) Reference was made to Article VII(c)(v) of the minute of meeting of this Committee held on 26th March, 2015, wherein it was agreed to recall the suspension of the Taxi Drivers Licence held by Mr S T with immediate effect and adjourn the hearing in relation to the alleged conduct of Mr S T during the currency of his Taxi Driver's Licence to this meeting of this Committee to await the outcome of court proceedings and to obtain a report from OHSAS as to the medical fitness of Mr S T to be a Taxi Driver.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr S T 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 considered the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 4th June, 2015 to await the report from OHSAS on the medical fitness of Mr S T to be the holder of a Taxi Drivers Licence.

 

(xi) Reference was made to Article VI(d)(vi) of the minute of meeting of this Committee held on 5th February, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M W 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 M W 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 the representative of the Chief Constable, the Committee agreed that no further action be taken.

 

(d) WINDOW CLEANER'S LICENCE - UPDATE

 

Reference was made to Article VIII(f) of the minute of meeting of this Committee held on 4th December, 2014, wherein it was agreed to defer consideration of the update on the operation of the Window Cleaners Licence held by Mr A C to this meeting to await the outcome of court proceedings.

 

There was submitted the original letter of representation from the Chief Constable relevant to the application by Mr A C for a Window Cleaner'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, and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

 

 

 

 

Stewart HUNTER, Convener.

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

 

APPENDIX I

 

Present:-

 

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Laurie BIDWELL

 

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 IV(a) of the minute of meeting of this Committee held on 2nd October, 2014 wherein it was agreed to adjourn the hearing in relation to the conduct of Mr J A during the currency of his Taxi Driver's Licence to this meeting and that a report be submitted to the meeting on the maintenance of payments to the Council.

 

There was submitted the original letter of information from the Head of Revenues and Customer Services relevant to the conduct of Mr J A during the currency of his Taxi Driver's Licence.

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having received confirmation that the licence holder had now paid the outstanding monies owed to the Council and having heard the Principal General Services Officer, 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 and that the licence holder be issued with a written warning as to their future conduct.

 

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

 

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr M A 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 and the Principal General Services Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 4th June, 2015 to allow the licence holder to be present.

 

(iii) Reference was made to Article IV(e)(i) of the minute of meeting of this Committee held on 2nd October, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr A B 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 A B during the currency of his Taxi Driver's Licence. There was also submitted a further letter of information from 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 4th June, 2015 to await the outcome of court proceedings.

 

(iv) Reference was made to Article II(a)(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 alleged conduct of Mr M C 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 M C 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 4th June, 2015 to await the outcome of court proceedings.

 

(v) Reference was made to Article II(a)(ii) 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 alleged conduct of Mr U K 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 U 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 the representative of the Chief Constable, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 4th June, 2015 to await the outcome of court proceedings.

 

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

 

The Committee gave consideration to the content of the letter. 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 to adjourn the hearing until the meeting of this Committee to be held on 4th June, 2015 to await the outcome of court proceedings.

 

(vii) Reference was made to Article II(b)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 8th January, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Ms C P during the currency of her Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Ms C P during the currency of her 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 Legal Officer, the Committee agreed that no further action be taken and that a written warning be issued to the licence holder with regard to their future conduct.

 

(viii) Reference was made to Article II(c) of the minute of meeting of the Licensing Sub‑Committee held on 8th January, 2015, wherein it was agreed to hold a hearing in relation to the conduct of Ms L S during the currency of her Taxi Driver's Licence.

 

The Committee noted that the licence holder had been observed parking indiscriminately and that they had been issued with a final written warning on 9th January, 2014 as to their future conduct.

 

The Committee gave consideration to the matter. Thereafter, having heard the Principal General Services Officer, the licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed to suspend the Taxi Driver's Licence held by Ms L S for a period of two weeks.

 

(b) 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 G M 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, the Sub-Committee agreed that a hearing be held at the meeting of this Committee to be held on 22nd April, 2015 in relation to the fitness of Mr G M to be the holder of a Taxi Driver's Licence and that the licence holder also be referred to OHSAS during the intervening period to establish their medical fitness 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 RR 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, the Sub-Committee agreed that a hearing be held at the meeting of this Committee to be held on 22nd April, 2015 in relation to the fitness of Mr R R to be the holder of a Taxi Driver's Licence.

 

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

 

(c) 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 S K 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, the Sub-Committee agreed that the Taxi Driver's Licence held by Mr S K be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr S K to be the holder of a Taxi Driver's Licence.

 

 

 

 

Stewart HUNTER, Convener.