Licensing Sub-committee - 07/01/2016

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 7th January, 2016.

 

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 - SUSPENSION HEARINGS

 

(i) Reference was made to Article III(d)(i) of the minute of meeting of the Licensing Sub‑Committee held on 1st October, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr K C 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 K C during the currency of his Taxi Drivers Licence.

 

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

 

The Sub-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 Clerk, the Sub-Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 31st March, 2016 to allow the licence holder to be present.

 

(ii) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Committee held on 1st October, 2015, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr D D during the currency of his Taxi Driver's Licence to this meeting of the Licensing Sub-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 D D during the currency of his Taxi Driver's Licence.

 

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 Sub‑Committee agreed that the licence holder be issued with a verbal warning as to their future conduct and to adjourn the hearing to the meeting of this Sub-Committee to be held on 31st March, 2016 for an update from the Chief Constable and to await the outcome of court proceedings.

 

(iii) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee held on 5th November, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr J D during the currency of his Taxi Driver's Licence to this meeting of the Sub-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 J D during the currency of his Taxi Drivers Licence.

 

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

 

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 31st March, 2016 to await the outcome of court proceedings.

 

(iv) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Committee held on 5th November, 2015, wherein the Committee agreed to adjourn consideration of 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 Licensing Sub-Committee to allow the licence holder to be in attendance.

 

There was submitted the original letter of information in relation 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Driver's Licence held by Mr R I be suspended with immediate effect for the unexpired portion of the licence.

 

(v) Reference was made to Article VI(f)(iv) of the minute of meeting of the Licensing Committee held on 1st October, 2015, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M J during the currency of his Taxi Driver's Licence to this meeting of the Licensing Sub-Committee 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 J during the currency of his Taxi Driver's Licence. The Sub-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 Sub‑Committee agreed that no further action be taken.

 

(vi) Reference was made to Article VI(c)(iv) of the minute of meeting of the Licensing Committee held on 1st October, 2015, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr J G during the currency of his Taxi Driver's Licence to this meeting of the Licensing Sub-Committee 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 J G during the currency of his Taxi Driver's Licence. The Sub-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 Sub‑Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct.

 

(vii) Reference was made to II(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 1st October, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R P during the currency of his Taxi Drivers Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R P during the currency of his Taxi Drivers Licence. The Sub‑Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct.

 

(viii) Reference was made to II(b)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 1st October, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J T during the currency of his Taxi Drivers Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J T during the currency of his Taxi Drivers Licence.

 

The Sub-Committee gave consideration to the content of the letter.

 

Thereafter, having heard a representative of the Chief Constable and consideration of advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a final written warning as to their future conduct.

 

(b) TAXI OPERATOR'S LICENCE AND TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION HEARINGS

 

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S E during the currency of his Taxi Drivers Licence and Taxi Operator'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 in due course in relation to the fitness of Mr S E to be the holder of a Taxi Driver's Licence and Taxi Operators Licence.

 

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr N S during the currency of his Taxi Drivers Licence and Taxi Operator'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 in due course in relation to the fitness of Mr N S to be the holder of a Taxi Driver's Licence and Taxi Operators Licence.

 

(c) TAXI DRIVERS LICENCE - REQUEST FOR SUSPENSION HEARINGS

 

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr R B during the currency of his Taxi Drivers Licence.

 

The Sub-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 Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr R B to be the holder of a Taxi Driver's Licence.

 

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

 

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

 

The Sub-Committee gave consideration to the content of the letter. Thereafter, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr D S 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 G C during the currency of his Taxi Drivers Licence.

 

The Sub-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 Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr G C to be the holder of a Taxi Driver's Licence.

 

 

 

 

Stewart HUNTER, Convener.