Licensing Committee - 21/07/2015

At a MEETING of the LICENSING COMMITTEE held at Dundee on 21st July, 2015.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 29th June, 2015 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PRIVATE HIRE OPERATOR'S LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request for variation had been made to allow a special events disc to be displayed in place of the standard private hire plate and other signage on the vehicle involved in the operation of the licence. Thereafter, there being no objections, and having heard the Principal General Services Officer and the applicant on their own behalf, the Committee agreed that the application be granted, subject to the operation of the vehicle being limited to special events and airport transfer only and not for general private hire.

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.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 22nd June, 2015, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr A G with immediate effect and to hold a hearing in relation to the fitness of Mr A G to be the holder of a Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A G during the currency of his Taxi Drivers 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 receiving confirmation that the Procurator Fiscal would not be proceeding, the Committee agreed to take no further action and to recall the immediate suspension of the Taxi Drivers Licence held by Mr A G with immediate effect.

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 15th June, 2015, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr S K with immediate effect and to hold a hearing in relation to the fitness of Mr S K to be the holder of a Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S K 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 a representative of the Chief Constable, the Committee agreed to suspend the Taxi Driver's Licence held by Mr S K for the unexpired portion with immediate effect.

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.

(b) TAXI DRIVER'S LICENCE - REQUEST FOR RECALL OF IMMEDIATE SUSPENSION

Reference was made to Article VI(c)(v) of the minute of meeting of this Committee held on 29th June, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R G during the currency of his Taxi Driver's Licence to the meeting of this Committee to be held on 3rd September, 2015 to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr R G with immediate effect during the intervening period.

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. There was submitted a letter of request from the licence holder (enclosing a copy of a letter from the Procurator Fiscal Service confirming no proceedings were being taken) requesting that the suspension of the Taxi Driver's Licence be recalled.

The Committee gave consideration to the content of the letters. Thereafter, having heard the representative of the Chief Constable and a representative on behalf of the licence holder, the Committee agreed to uplift the suspension of the Taxi Driver's Licence with immediate effect and to issue the licence holder with a verbal warning as to their future conduct and to require the licence holder to commence an approved Taxi Driver Training Course to the satisfaction of the Licensing Section within the next six months and that an update on the matter be provided at the meeting of this Committee to be held on 7th January, 2016.

IV HOUSING (SCOTLAND) ACT 2006

(a) REQUEST FOR EXTENSION - DECEASED HOUSE IN MULTIPLE OCCUPATION LICENCE HOLDER

There was submitted a letter from the agent of the late Ms M R, who had been the holder of a House in Multiple Occupation 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 representative of the Housing Department, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that an extension of three months be granted up until the meeting of this Committee to be held on 5th November, 2015 and that an update on the position be provided at that meeting.

Stewart HUNTER, Convener.