Licensing Committee - 29/06/2015

At a MEETING of the LICENSING COMMITTEE held at Dundee on 29th June, 2015.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 4th June, 2015 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Lynn declared a non-financial interest in the item of business at Article V(a) by virtue of having a personal involvement with the Friends of Baxter Park organisation and left the Chamber prior to its consideration. Councillor Lynn re-entered the Chamber prior to consideration of the item of business at Article V(b).

II EXPLOSIVES REGULATIONS 2014 - FIREWORK STORAGE LICENCES

There was submitted Agenda Note AN158-2015 reporting that in terms of the above Regulations, a licence was required for the storage of fireworks. The Councils Order of Reference to Committees provided that applications for this new type of licence would fall to the Licensing Committee to determine.

The 2014 Regulations contained the procedure for applications and the role of the licensing authority in deciding whether to grant a licence. Regulation 20 stated that a licence must be granted unless the grounds for refusal apply. These were (i) the applicant is not a fit and proper person to be granted a licence or (ii) the premises are unsuitable for the storage of fireworks.

The Regulations provided for a 2-stage procedure to be followed by the licensing authority in this regard. The authority must first of all decide if either of the grounds applied and, if so, it must hold a hearing within four weeks for the applicant to be given an opportunity to address the authority.

In order to provide a mechanism to accommodate this, it was recommended that the initial decision be delegated to the Head of Democratic and Legal Services, in consultation with the Convener of the Licensing Committee. If there were no adverse comments, the licence would be granted at that stage. If there were any adverse comments relevant to the grounds for refusal, this would then be placed before the full Committee for a hearing to decide if the licence should be granted.

The Committee agreed to approve the above procedure.

III LICENSING COMMITTEE HMO SITE VISIT PROTOCOL

There was submitted a suggested protocol on HMO site visits for the Committees consideration.

Following discussion, and having considered the advice of the Legal Officer, the Committee agreed to defer consideration of the protocol until the meeting of this Committee to be held on 21st July, 2015.

IV HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article IV(a) of the minute of meeting of this Committee held on 4th June, 2015, wherein the Committee agreed to defer consideration of the application at the request of the applicant to allow the agent to attend. 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, the objector to the application, the representative of the Chief Constable, the agent for the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that an update on the operation of the licence be submitted to the Committee in six months' time. The Committee further noted that the agent for the applicant would operate the licence at this location under the terms of the sensitive letting policy operated by their company on behalf of landlords for the property.

In the case of Application No 2, having heard a representative of the Housing Department, the Committee agreed that the application be granted.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a letter of objection had been submitted by the Friends of Baxter Park relevant to this application. There was also submitted e-mail information by the Principal General Services Officer from the applicant. Thereafter, having heard the applicant, the Environmental Health Officer, the Principal General Services Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the operation of the licence being confined within the conditions indicated by the Friends of Baxter Park in their submission.

(b) TAXI LICENCE - LIMIT ON NUMBERS

The Principal General Services Officer gave a verbal report on the position in relation to the number of current Taxi Licences in operation in Dundee. It was reported that the limit was 611 and there were now 608 in operation. The Committees policy was that once the limit was below 611 a survey be undertaken by an independent company to establish the level of need in Dundee.

The Committee noted the position and that similar information had been relayed to the meeting of the Taxi Liaison Group held on 9th June, 2015 and that Halcrow would undertake the survey over the Autumn of 2015 with a view to submitting a report on their findings to the meeting of this Committee to be held in December, 2015.

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.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) DECEASED TAXI OPERATOR - REQUEST FOR EXTENSION

There was submitted a letter from the sister of the late Mr B B, who had been the holder of a Taxi Licence requesting an extension of time to wind-up the estate.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Principal General Services Officer, the Committee agreed that an extension of three months be granted up until 1st October, 2015.

(b) TAXI DRIVERS LICENCE - REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr J M 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 Committee agreed that a hearing be held in due course in relation to the fitness of Mr J M to be the holder of a Taxi Driver's Licence.

(c) TAXI DRIVERS LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(c)(i) of the minute of meeting of the Licensing Sub‑Committee held on 4th June, 2015, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M A during the currency of his Taxi Driver's Licence to allow the licence holder to attend.

There was submitted the original letters of information from the Chief Constable relevant to the alleged 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 the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable, the Principal General Services Officer and consideration of the advice of the Legal Officer, the Committee agreed to suspend the Taxi Driver's Licence held by Mr M A for the unexpired portion of the licence.

(ii) Reference was made to Article II(c)(iii) of the minute of meeting of this Committee held on 4th June, 2015, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M C during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings.

There was submitted the original 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 gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, 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.

(iii) Reference was made to Article VI(c)(ii) of the minute of meeting of this Committee held on 4th June, 2015, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr B G during the currency of his Taxi Driver's Licence to allow the licence holder to commence an approved Taxi Driver Training Course.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr B G during the currency of his Taxi Driver's Licence. Thereafter, having heard a representative of the Chief Constable, 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 adjourn the hearing to the meeting of this Committee to be held in December, 2015 to allow the licence holder to complete an approved Taxi Driver Training Course to the satisfaction of the Licensing Section.

(iv) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 1st June, 2015, wherein the Taxi Driver's Licence held by Mr J G was suspended with immediate effect and it was agreed that a hearing be held in due course in relation to the fitness of Mr J G to be the holder of a Taxi Drivers Licence.

There was submitted the letter of information from the Chief Constable relevant to the alleged conduct of Mr J G 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 Committee agreed to adjourn the hearing to the meeting of this Committee to be held in October, 2015 and to recall the immediate suspension of the Taxi Driver's Licence held by Mr J G during the intervening period.

Councillor Hunter vacated the chair prior to consideration of the following item of business and left the Chamber whereupon the Chair was taken by the Depute Convener, Councillor David Bowes. Councillor Hunter did not return to the Chamber.

(v) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 11th June, 2015, wherein the Taxi Driver's Licence held by Mr R G was suspended with immediate effect and it was agreed that a hearing be held in due course in relation to the fitness and Mr R G to be the holder of a Taxi Drivers Licence.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr R G 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, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to fix a fresh hearing at the meeting of this Committee to be held on 3rd September, 2015 and to continue the immediate suspension of the Taxi Driver's Licence held by Mr R G with immediate effect during the intervening period.

(vi) Reference was made to Article VI(b)(vi) of the minute of meeting of this Committee held on 4th June 2015, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr G M to be the holder of a Taxi Drivers Licence 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 G M during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and agreed the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Principal General Services Officer, the Committee agreed that no further action was required to be taken as the DVLA Driving Licence held by Mr G M was forfeit.

Stewart HUNTER, Convener.