Licensing Committee - 03/12/2015

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

 

Present:-

 

Depute Lord Provost Christina ROBERTS

 

COUNCILLORS

 

Kevin CORDELL

Stewart HUNTER

Tom FERGUSON

 

Laurie BIDWELL

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 5th November, 2015 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATION OF INTEREST

 

No declarations of interest were made.

 

II MINUTES OF MEETINGS OF THE LICENSING SUB-COMMITTEE

 

The minutes of meetings of the Licensing Sub-Committee held on 5th November, 2015 and 6th November, 2015 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

 

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.

 

TEMPORARY MARKET OPERATOR - NEW APPLICATION

 

No

Name

Address

 

1

Joanne MacFadyen

Steeple Church, 5th December, 2015

 

PRIVATE HIRE DRIVERS - NEW APPLICATIONS

 

No

Name

 

1

Allan Drummond

2

Neil Stafford

 

PRIVATE HIRE OPERATOR - NEW APPLICATION

 

No

Name

 

1

Muhammad S Rizvi

 

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

 

No

Name

Address

 

1

Ardler Complex Management

Ardler Complex, 5th and 6th December, 2015

2

Leisure & Culture Dundee

City Square, 28th November, 2015

3

London Oktoberfest Ltd

City Square, 4th - 8th November, 2015

 

SECOND HAND DEALER - NEW APPLICATION

 

No

Name

Address of Premises

 

1

Timothy Hogarth

Hotel Broughty Ferry, 4th and 5th December, 2015

 

TAXI DRIVER - NEW APPLICATIONS

 

No

Name

 

1

Muhammad Abid

2

Sabar Ali

3

George Fraser

4

Grant Mackenzie

5

Michael McGregor

6

Marzena Pobran

 

(b) LATE HOURS CATERING - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Address

 

1

Da-Foo Chuing

TAK-A-WA, 243 Clepington Road

 

In the case of this application, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having noted that the applicant had failed to produce their Unique Tax Reference Number within the prescribed period and having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

 

(c) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

 

1

Gary Anderson

2

Kevin P Brannan

3

James Brown

4

Lisa J Fitzgerald

5

John Paton

 

In the case of Application No 1, 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 provide a suitable DVLA report, the Committee agreed that the application be considered incompetent.

 

In the case of Application No 2, 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 now submitted their Unique Tax Reference Number but that the DVLA report had still be submitted, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held in January, 2016.

 

In the case of Application No 3, 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 provide their Unique Tax Reference Number, the Committee agreed that the application be considered incompetent.

 

In the case of Application No 4, 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 now provided suitable medical certification, the Committee agreed that the application be granted.

 

In the case of Application No 5, 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 pass the street test within the prescribed period, the Committee agreed that the application be refused.

 

(d) PUBLIC ENTERTAINMENT - RENEWAL APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Address

 

1

Mohammed Khalil

Frames Snooker Club, 66 Lorne Street, Lochee

 

In the case of Application No 1, reference was made to Article IV(c) of the minute of meeting of this Committee held on 1st October, 2015, wherein it was agreed to grant the above application and that the matter be recalled to this meeting of the Committee for an update on the operation of the licence. The Committee noted that applicant was not present and agreed that the matter be considered in their absence.

 

Thereafter, having heard the Principal General Services Officer, the Committee agreed that no further action to be taken.

 

(e) AUTHORISED OFFICERS - SECTION 5 OF THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

There was submitted Agenda Note AN204-2015 reporting that the Committee was asked to authorise James Moonie, City Centre Ambassador, City Development Department, in terms of Section 5(c) of the Civic Government (Scotland) Act 1982 to inspect documentation, as may be required, to carry out the provisions of the Act.

 

In addition the Committee was also asked to authorise the undernoted officers of the Environment Department in terms of Section 5(a), (b) and (c) to enter and inspect any premises, vehicle or vessel, require production of and inspect any plant equipment, apparatus or stock in trade and to inspect documentation all as may be required, to carry out the provisions of the Act.

 

Craig Somers, Environmental Compliance Team Manager

Barry Rodger, Environmental Compliance Officer

Graeme Petrie, Licensing Standards Officer

Simon Goulding, Licensing Standards Officer

 

The Committee agreed to grant the authorisations as outlined in the note.

 

IV HOUSING SCOTLAND ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Person Responsible

Address

 

1

R & K Properties Ltd

CRM Students Ltd/

Keith White

 

The Hub, 17 Hawkhill (A10)

2

R & K Properties Ltd

CRM Students Ltd/

Keith White

 

The Hub, 17 Hawkhill (B17)

3

Alena & Jeremy Vallance

Grant Property Solutions Ltd/

Peter Grant

 

19 Union Place (1/0)

4

Alan T McIntyre

Tayview Apartments,

12 Dock Street (Flat 2)

5

James J & Hayley L Reece

Garland Place,

7 Barrack Road (G/2)

6

Bruce J Thomson & Robert J Moore

9H Ellen Street

7

Martin R & Louise T Kay

Campus Apartments,

22 Horsewater Wynd

8

Linda A Clink

The Hub, 17 Hawkhil (A11)

 

In the case of Application Nos 1 and 2, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

 

In the case of Application No 3, reference was made to Article V(a) of the minute of meeting of this Committee held on 5th November, 2015, wherein it was agreed to defer consideration of the application to this meeting of the Committee to allow for a site visit to be undertaken by members of the Committee of the locality of the application applied for. The Committee gave consideration to the letter of objection which had been submitted by a member of the public relevant to this application. Thereafter, having heard a representative of the Housing Department, the objector to the application, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

 

In the case of Application Nos 4 to 8, 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.

 

1

4 Benvie Road

Change of day to day manager to Easylets Ltd/Jack Reavley.

 

2

304A Perth Road (1/2)

Change of day to day manager to Rockford Properties/Natalie Robertson.

 

3

320 Perth Road

Change of day to day manager/2Rent Me Property Ltd/Angela Mackie.

 

4

11 Springfield

Change of day to day manager/2 Rent Me Property Ltd/Angela Mackie.

 

In the case of Application No 1, the Committee agreed that consideration of this application be deferred to the private part of the meeting.

 

In the case of Applications Nos 2 to 4, there being no objections, the Committee agreed that the applications for variations be granted.

 

(c) HOUSES IN MULTIPLE OCCUPATION - VALIDATION (RENEWAL) APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Person Responsible

Address

 

1

Vaqar Un-Nisa &

Azam Salimi

 

Easylets Ltd/Jack Reavley

129 Broughty Ferry Road

2

David J Leader

Easylets Ltd/Jack Reavley

4 Benvie Road

 

3

Samantha L Lenaghen

Samantha Lenaghen

6 Milnbank Gardens

 

In the case of Application No 1, having heard a representative of the Housing Department, and an agent on behalf of the applicant, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held in January, 2016 to allow the applicant to be present.

 

In the case of Application No 2, the Committee agreed that consideration of this matter be deferred to the private part of the meeting.

 

In the case of Application No 3, the Committee gave consideration to a letter of information which had been submitted by the Housing Department. 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 the application be granted, subject to a managing agent being appointed to the satisfaction of the Committee before the meeting of this Committee to be held in January, 2016.

 

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

 

(a) HOUSES IN MULTIPLE OCCUPATION - VARIATION

 

Reference was made to IV(b)(i) of this minute, wherein it was agreed that consideration of the application for change of day to day manager of the property be deferred to the private part of the meeting.

 

In the case of this application, having heard the representative of the Housing Department and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

 

(b) HOUSES IN MULTIPLE OCCUPATION - VALIDATION (RENEWAL) APPLICATION

 

Reference was made to Article IV(c)(ii) of this minute, wherein it was agreed that consideration of the application be deferred to the private part of the meeting.

 

In the case of this application, having heard the representative of the Housing Department, a representative on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the application be granted.

 

(c) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION - UPDATE

 

(i) In the case of Application No 1, reference was made to Article Vl(b) of the minute of meeting of the Licensing Committee held on 5th November, 2015, wherein the Committee agreed to grant the application by Ms D and to recall the matter to this meeting of the Committee for an update from the Private Sector Services Manager on the sale of the property.

 

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

 

Thereafter, having heard a representative of the Housing 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 January, 2016 and in the event that the property was sold before then that the Convener be authorised under delegated powers to determine the matter by taking no further action.

(ii) In the case of Application No 2, reference was made to Article Vl(b) of the minute of meeting of the Licensing Committee held on 5th November, 2015, wherein the Committee agreed to grant the application by Ms D and to recall the matter to this meeting of the Committee for an update from the Private Sector Services Manager on the sale of the property.

 

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

 

Thereafter, having heard a representative of the Housing Department and consideration of the advice of the Legal Officer, the Committee having noted that the property had been sold agreed that no further action be taken.

 

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVERS LICENCE - NEW APPLICATIONS

 

(i) There was submitted an application by Mr J D for a Taxi Drivers 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. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done. Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Principal General Services Officer, the Committee agreed that the application be granted, subject to the submission of a Unique Tax Reference Number and Medical Certification as to the medical fitness of the applicant to be the holder of a Taxi Drivers Licence to the satisfaction of the Licensing Office and that the applicant complete or apply to attend an approved taxi driver training course within the next six months, details of which could be obtained from the Licensing Office.

 

(ii) There was submitted an application by Mr K N for a Taxi Drivers Licence.

 

There was submitted a letter of information from the Chief Constable relevant to this application. The Committee noted that the applicant 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 that the application be refused.

 

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article VIII(d)(i) of the minute of meeting of this Committee held on 5th November, 2015, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr H B during the currency of his Taxi Driver's Licence to allow for the licence holder to attend.

 

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

 

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 that consideration of the matter be further adjourned for a month to allow for the Fixed Penalty Notice and associated costs to be paid.

 

(ii) Reference was made to Article VIII(d)(ii) of the minute of meeting of this Committee on 5th November, 2015, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr M F during the currency of his Taxi Driver's Licence to allow the licence holder to attend.

 

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

 

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

 

Thereafter, having heard the Environmental Compliance Manager and consideration of the advice of the Legal Officer, the Committee agreed that the licence holder be ordered to pay the Fixed Penalty Notice and associated costs within 28 days failing which his licence would be suspended for a period of fourteen days thereafter.

 

(iii) Reference was made to Article VI(c)(iii) of the minute of meeting of this Committee on 29th June, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr B G during the currency of his Taxi Driver's Licence to allow for confirmation to be received that the licence holder had completed an approved taxi driver training course to the satisfaction of the Licensing Office.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that delegation be given to the Convener to determine the matter should confirmation have been received as to the completion of an approved taxi driver training course otherwise the matter be recalled to the meeting of this Committee to be held in January, 2016.

 

(iv) Reference was made to Article ll(a) of the minute of meeting of the Licensing Sub‑Committee held on 6th November, 2015, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr D McI with immediate effect and to hold a hearing in relation to the fitness of Mr D McI to be the holder of a Taxi Drivers Licence at this meeting of the Committee.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D McI 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, 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 Drivers Licence held by Mr D McI with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held in April, 2016.

 

(v) Reference was made to Article VIII(d)(viii) of the minute of meeting of this Committee held on 3rd September, 2015, wherein the Committee agreed to adjourn the hearing in relation to the fitness of Mr G M to be the holder of a Taxi Driver's Licence to await the report from OHSAS and to allow a further matter in relation to the alleged conduct of Mr G M to be considered.

 

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, together with a further letter.

 

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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to further adjourn the hearing until the meeting of this Committee to be held in January, 2016, to await the outcome of court proceedings in relation to the second matter narrated and to await the report from OHSAS.

 

(vi) Reference was made to Article VIII(d)(v) of the minute of meeting of this Committee held on 5th November, 2015, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr G S during the currency of his Taxi Driver's Licence to await the report from OHSAS and to recall the immediate suspension of the Taxi Drivers Licence held by Mr G S.

 

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

 

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

 

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 in January, 2016, to allow the licence holder to submit a report to OHSAS from their General Practitioner.

 

(vii) Reference was made to Article VIII(b)(ix) of the minute of meeting of this Committee held on 5th March, 2015, wherein the Committee agreed to adjourn the hearing in relation to the medical fitness of Mr I W to be the holder of a Taxi Driver's Licence to await a report from OHSAS.

 

There was submitted the report from OHSAS relevant to the medical fitness of Mr I W to be the holder of a Taxi Driver's Licence.

 

The Committee gave consideration to the content of the report. Thereafter, having heard the Principal General Services Officer, a representative on behalf of the licence holder, 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, subject to the licence holder undertaking an annual medical examination to confirm that his condition continued to meet Group 2 standards and that he continued to be fit to be the holder of a Taxi Driver's Licence.

 

(viii) Reference was made to Article VIII(b)(viii) of the minute of meeting of this Committee held on 5th March, 2015, wherein the Committee agreed to adjourn the hearing in relation to the medical fitness of Mr A R to be the holder of a Taxi Driver's Licence to await a report from OHSAS.

 

There was submitted the report from OHSAS relevant to the medical fitness of Mr A R to be the holder of a Taxi Driver's Licence.

 

The Committee gave consideration to the content of the report. Thereafter, having heard the Principal General Services Officer, a representative on behalf of the licence holder, 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, subject to the licence holder undertaking an annual medical examination to confirm that he continued to meet Group 2 standards and that he continued to be fit to be the holder of a Taxi Driver's Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 5th November, 2015.

 

APPENDIX I

 

Present:-

 

Councillor Stewart HUNTER

Councillor David BOWES

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 Chief Constable relative to the alleged conduct of Mr J D 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 suspension hearing be held in due course in relation to the fitness of Mr J D 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 R I 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 suspension hearing be held in due course in relation to the fitness of Mr R I to be the holder of a Taxi Driver's Licence.

 

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D N 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 suspension hearing be held in due course in relation to the fitness of Mr D N to be the holder of a Taxi Driver's Licence.

 

(b) LATE HOURS CATERING LICENCE - REQUEST FOR HEARING

 

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr B E during the currency of his Late Hours Catering 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 suspension hearing be held in due course in relation to the fitness of Mr B E to be the holder of a Late Hours Catering Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 6th November, 2015.

 

APPENDIX lI

 

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 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.

 

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 item of business on the grounds that it 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 AND TAXI OPERATORS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D McI during the currency of his Taxi Driver's Licence and Taxi Operators 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 D McI be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr D McI to be the holder of a Taxi Driver's Licence. No action would be taken on the Taxi Operators Licence held by Mr D McI during the intervening period.

 

 

 

 

Stewart HUNTER, Convener.