Licensing Committee - 01/10/2015

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st October, 2015.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 3rd September, 2015 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MEMBERSHIP OF LICENSING COMMITTEE - RESIGNATION OF COUNCILLOR BLACK

There was submitted Agenda Note AN183-2015 reporting that Councillor Jimmy Black had tendered his resignation as a member of the Licensing Committee with effect from 2nd October, 2015 and his replacement would be Depute Lord Provost Christina Roberts. In terms of Standing Order No 45(2) this change would have effect from the next meeting of the Licensing Committee. Councillor Black would remain as a trained substitute.

The Committee noted the position as outlined in the note.

III MINUTE OF MEETING OF THE LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 3rd September, 2015, was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

IV CIVIC GOVERNMENT (SCOTLAND) ACT

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted applications had been granted under delegated powers.

PRIVATE HIRE DRIVERS - NEW APPLICATIONS

PRIVATE HIRE OPERATORS - NEW APPLICATION

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

(b) TAXI DRIVER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that this application had been withdrawn from consideration by the applicant.

(c) PUBLIC ENTERTAINMENT - RENEWAL APPLICATION

There was submitted the undernoted application.

In the case of this application, reference was made to Article IV(f) of the minute of meeting of this Committee held on 3rd September, 2015, wherein the Committee agreed to defer consideration of the application to allow the applicant to be present.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence.

The Committee noted that the application was to allow for hours of operation until 1.00 am on Fridays and Saturdays and that this was one hour more than their correct hours of operation. Thereafter, having heard the Environmental Health Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to a closing hour of 12 midnight as at present.

(d) WINDOW CLEANER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having noted that the applicant had failed to produce their insurance documents and Unique Tax Reference Number, the Committee agreed that the application be considered incompetent.

(e) LATE HOURS CATERING - RENEWAL APPLICATIONS

There was submitted the undernoted applications.

In the case of Application No 1, the Committee noted that letters of objection had been received from members of the public. Thereafter, having noted that the applicant was not present 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 in November, 2015 to allow the applicant to attend.

In the case of Application No 2, the Committee noted that a letter of information had been received from the Environmental Health Department. Thereafter, having heard the representative of the Environmental Health Department and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, until January, 2016, subject to works indicated being completed to the satisfaction of the Environmental Health Department and to allow the applicant to be in attendance.

V HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, 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 applicant on their own behalf, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application Nos 2 to 6, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application Nos 7 to 14, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted applications for variation.

In the case of Application Nos 1 to 3, there being no objections, the Committee agreed that the applications for variation be granted.

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) LATE HOURS CATERING - RENEWAL APPLICATION

There was submitted an application by Miss N C for renewal of her Late Hours Catering Licence.

In the case of this application, the Committee noted that a letter of objection had been received from the Chief Constable. Thereafter, having heard the representative of the Chief Constable, the representative of the Environmental Health Department 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 in November, 2015.

(b) STREET TRADER - NEW APPLICATION

There was submitted an application by Ms E M for a Street Traders Licence.

There was submitted a letter of representation 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 and consideration of the advice of the Legal Officer regarding the non consideration of spent convictions noted within the letter from the Chief Constable, the Committee agreed that the application be refused.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr L C 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 and a letter of support which was tabled by the applicant, the Committee agreed that the application be granted until January, 2016, subject to the medical certificate being submitted to the satisfaction of the Licensing Department and that an update report be submitted to the meeting of this Committee in January, 2016.

(ii) There was submitted an application by Mr J I 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, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for three months once the Unique Tax Reference Number and medical certificate had been submitted and that the applicant complete an approved taxi driver training course.

(iii) There was submitted an application by Mr J M for a Taxi Drivers Licence.

Reference was made to VII(b)(iv) of the minute of meeting of this Committee held on 3rd September, 2015, wherein consideration of the application by Mr J M for a Taxi Drivers Licence was deferred to await the outcome of court proceedings.

There was submitted the original letter of objection from the Chief Constable relevant to this application. 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 that the application be refused.

(d) TAXI DRIVER'S LICENCE - UPDATE

Reference was made to Article VII(a)(i) of the minute of meeting of this Committee held on 26th March, 2015, wherein the Committee granted the application by Mr N A for a Taxi Driver's Licence but to recall the application in six months time for an update from the Chief Constable.

There was submitted the original letter of objection from the Chief Constable relative to this application. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(e) DECEASED TAXI OPERATOR - REQUEST FOR EXTENSION

Reference was made to Article VI(a) of the minute of meeting of this Committee held on 29th June, 2015, wherein the Committee agreed to the request from the Executor of the late Mr B B who had been a holder of a taxi licence for an extension of time to wind-up his estate until 1st October, 2015.

There was tabled a letter from the executor of the late Mr B B, who had been the holder of a taxi licence requesting a further 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 a further extension be granted up until January, 2016.

(f) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 10th August, 2015, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr D F during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr D F during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Environmental Compliance Manager, the licence holder on their own behalf, a representative on behalf of the licence holder, the Principal General Services Officer and consideration of the advice of the Legal Officer, the Convener, seconded by Councillor Bowes, moved that the Taxi Driver's Licence held by Mr D F be suspended for the unexpired portion of the licence.

As an amendment, Councillor Black, seconded by Councillor Brennan, moved that the Taxi Driver's Licence held by Mr D F be suspended for a period of six months.

On a division, there voted for the motion - Councillors Hunter, Bowes, Ferguson and Cordell (4); and for the amendment - Councillors Black, Bidwell and Brennan (3) - whereupon the motion was declared carried and the Taxi Driver's Licence held by Mr D F was suspended for the unexpired portion of the licence.

(ii) Reference was made to Article VI(c)(iv) of the minute of meeting of the Licensing Sub‑Committee held on 29th June, 2015, wherein it was agreed to defer this hearing in relation to the alleged conduct of Mr J G during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and to recall the immediate suspension of the licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J 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 and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held in January, 2016 to await the outcome of criminal proceedings.

(iii) Reference was made to VII(d)(i) of the minute of meeting of the Licensing Committee held on 3rd September, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr J H during the currency of his Taxi Drivers Licence to this meeting of the Committee to await the outcome of court proceedings and to recall the suspension of the Taxi Driver's Licence held by Mr J H during the intervening period with immediate effect.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J H 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 and the Principal General Services Officer, the Committee agreed to defer the matter to the meeting of the Licensing Sub-Committee to be held on 1st October, 2015.

(iv) Reference was made to VI(d)(iv) of the minute of meeting of the Licensing Sub‑Committee held on 3rd September, 2015, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr M J during the currency of his Taxi Drivers Licence to this meeting of the Committee to allow the licence holder to attend.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr M J 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 and consideration of the advice of the Legal Officer, the Committee agreed that a hearing be held at the meeting of the Licensing Sub‑Committee to be held in January, 2016 for those matters on the original letter from the Chief Constable which remained outstanding and were subject to court proceedings.

(v) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 10th August, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J McA during the current of his Taxi Driver's Licence.

There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr J McA during the currency of his Taxi Drivers Licence.

The 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 Committee agreed to issue the licence holder with a written warning as to their further conduct and to order that the licence holder complete an approved taxi driver training course within the next six months.

(vi) Reference was made to VI(d)(vii) of the minute of meeting of this Committee held on 3rd September, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr S McD during the course of his Taxi Driver's 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 S McD.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the Committee agreed that the Taxi Driver's Licence held by Mr S McD be suspended for the unexpired portion of the licence.

(g) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub-Committee held on 10th August, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J P during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr J P 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 consideration of the advice of the Legal Officer, the Committee agreed that the licence holder be issued with a written warning as to their future conduct and that the licence holder complete an approved taxi driver training course within the next six months.

(h) WINDOW CLEANERS LICENCE - UPDATE

Reference was made to Article VII(d) of the minute of meeting of this Committee held on 30th April, 2015, wherein the Committee agreed to adjourn the update from Police Scotland in relation to the Window Cleaners Licence held by Mr A C to await the outcome of court proceedings.

There was submitted the original letter of objection from the Chief Constable relative to this application. Thereafter, having heard a representative of the Chief Constable, the Committee agreed to take no further action.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 3rd September, 2015.

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Ken LYNN

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 - REQUEST FOR HEARINGS

(i) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr H B during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr H B to be the holder of a Taxi Drivers Licence.

(ii) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr M F during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr M F to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.