Licensing Committee - 31/03/2016

At a MEETING of the LICENSING COMMITTEE held at Dundee on 31st March, 2016.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 3rd March, 2016 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) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

LATE HOURS CATERING - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

(b) TAXI OFFICES - TAXI DRIVER TRAINING COURSE

It was reported that a group of the taxi offices in Dundee had established a Taxi Driver Training Course in consultation with the Scottish Qualifications Authority and that the course would add to those courses already approved within Dundee to assist with the training of taxi drivers.

Thereafter, having heard Mr Young, as representative of the taxi offices, and receiving confirmation that the content and delivery of the course had now received SQA approval, the Committee agreed to approve the Taxi Driver Training Course established by the taxi offices.

(c) POLICY ON CORPORATE LICENCES AND ELECTRIC VEHICLES

Reference was made to Article IV of the minute of meeting of this Committee held on 3rd March, 2016, wherein it was agreed that existing taxi operators who held licences in their own name would be permitted to apply for a licence in a corporate name.

There was submitted Agenda Note AN28-2016 reporting that the corporate licence would be granted conditional upon surrender of the existing licence and would also have a condition attached requiring an electric vehicle from the list approved by the City Council being placed on service and any future replacement vehicles would also require to be electric. Existing saloon car operators would have an approved list of electric saloon cars to choose from and Wheelchair Accessible Vehicle operators a separate list of electric wheelchair accessible vehicles. Both lists were limited meantime, but it was hoped that in time more vehicles would come on to the market.

The Procedure to follow would be:-

1 Set up a company or partnership;

2 Please note that if you set up a partnership with a total of only two partners if one partner dies or for any other reason stops being a partner the partnership will cease to exist and your licence will fall;

3 Apply for a new taxi licence in the normal manner and either post it or hand it in to the Licensing Officer at 20 City Square, together with a copy of the Certificate of Incorporation of the company or partnership agreement;

4 No application fee is necessary;

5 Usual checks on companies and individuals named as directors or partners will be carried out;

6 Applications will go before members;

7 Unless any statutory grounds for refusal apply, the Committee will grant the application attaching to it a condition that only an electric vehicle from the approved list can be placed in service as a taxi. As stated above, this will be on a like for like basis ie saloon car for electric saloon car and WAV for an electric WAV. There will also be a condition suspending the coming into effect of the new licence until such time as the existing licence is surrendered;

8 The existing licence will therefore run on until such time as it is surrendered which will be immediately prior to the electric taxi being tested by the garage;

9 until the existing licence is surrendered both licences will need to be renewed in May but only one fee will be charged;

10 The usual testing arrangements will apply.

Thereafter, having heard the Legal Officer, the Committee agreed to the terms of the note and that the ten step procedure as outlined be approved.

(d) LATE HOURS CATERING POLICY NOTE

Reference was made to Article IV(b) of the minute of meeting of this Committee held on 4th February, 2016, wherein the Committee instructed the Head of Democratic and Legal Services to prepare a note on the operation of the Late Hours Catering Policy insofar as affecting premises in Broughty Ferry and to outline possible options for the Committee to consider regarding the policys future application in that area.

There was submitted Agenda Note AN29-2016 reporting that the Committee adopted the current policy at its meeting on 5th September, 2013. The policy was divided into two geographical areas, namely, the City Centre and outwith the City Centre. A note of the policy was submitted for reference.

The general aim of the policy was to reduce noise, anti-social behaviour and other issues associated with late opening premises and, in particular, to reduce the instances in the Councils area where late hours caterers were open beyond the closing time of nearby liquor licensed premises in order that there was less incentive for patrons of the latter type of premises to linger in the vicinity once these premises close for the night. To this end, the Committee decided to operate a policy for non-City Centre premises of a latest terminal hour of midnight during weekdays and 1.00 am at weekends (with the exceptions as set out in the attached note of the policy). This fitted in with the situation whereby the majority of liquor licensed premises outwith the City Centre were not open after midnight weekdays and 1.00 am weekends.

In the context of Broughty Ferry, however, the Committee identified a potential anomaly in this approach since there were some premises with licences to sell alcohol up to 1.00 am during the week and 2.00 am at weekends and, indeed, a search of the Licensing Department records had revealed one late hours caterer in Broughty Ferry who was granted an exception to the policy for that very reason and also having given the Committee certain assurances regarding the operation of the premises in question such that the aims of the policy would not be compromised. That other premises had opening hours until 1.00 am on weekdays and 2.30 am weekends. In that respect, the Committee may have considered amending its policy for Broughty Ferry to bring it more into alignment with the liquor licence opening hours. Alternatively, the Committee may simply have wished to retain the existing policy and deal with applications for hours outwith that policy on a case-by-case basis (as was done in the example cited above), granting exceptions where appropriate.

Thereafter, having heard the Legal Officer, the Committee agreed to retain the current policy.

(e) LATE HOURS CATERING - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, reference was made to Article IV(b) of the minute of meeting of this Committee held on 4th February, 2016, wherein the Committee granted the above application for 1.00 am opening until 31st March, 2016, when a review of the policy would be considered. The Committee noted that the application was to allow for hours of opening until 2.00 am on Fridays and Saturdays and that this was outwith the hours of operation of the current policy.

Thereafter, having heard the applicant on their own behalf, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to compliance with the current hours of operation within the current Late Hours Policy, namely, until 1.00 am Friday/Saturday.

(f) PRIVATE HIRE DRIVER - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that this application had been withdrawn from consideration by the applicant.

(g) PRIVATE HIRE OPERATOR - 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 tinted windows on the vehicle involved in the operation of the licence. Thereafter, there being no objections, the Committee agreed that the application be granted.

(h) SKIN PIERCING AND TATTOOIST - 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 extend the premises into an adjacent unit. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to the condition that any planning consents and environmental health approvals be obtained.

(i) TAXI DRIVER - NEW APPLICATIONS

In the case of Application No 1, the Committee noted that this application had been withdrawn from consideration by the applicant.

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 failed to pass the street test within the prescribed period, the Committee agreed that the application be refused.

(j) TAXI OPERATOR - REQUESTS FOR VARIATION

The Committee agreed that the undernoted item of business be considered in private.

III HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

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, the Committee noted that this application had been withdrawn from consideration.

In the case of Application Nos 4 to 9, 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.

In the case of Application Nos 1 to 4, there being no objections, the Committee agreed that the applications 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.

IV HOUSES IN MULTIPLE OCCUPATION - RENEWAL

Reference was made to Article VI(b) of the minute of meeting of this Committee held on 5th November, 2015, wherein the application by Ms K for renewal of her House in Multiple Occupation Licence was refused. The Committee noted that this application had been remitted back for re‑consideration by the Sheriff.

There was submitted the original letter of information which had been submitted by the Private Sector Services Unit relevant to this application.

The Committee gave consideration to the content of the documentation submitted. Thereafter, having heard a representative of the Housing Service, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be adjourned to the meeting of this Committee to be held on 28th April, 2016 to allow the applicant to be in attendance.

V ANTI-SOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 - REGISTRATION OF CERTAIN LANDLORDS

There was submitted a letter of information from the Housing Department relevant to the registration of Mr J as a landlord.

The Committee noted that the application had been withdrawn from consideration.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SECOND HAND DEALER - NEW APPLICATION

There was submitted an application by Mr B for a Second Hand Dealer's Licence.

There were submitted an objection from the Planning Department and comments which had been submitted from the Environment Department relative to this application. The Committee gave consideration to the contents of the submission. Thereafter, having heard the applicant on their own behalf and consideration of advice of the Legal Officer, and consideration of documents which had been tabled by the applicant in support of their application, the Committee agreed that the application be granted subject to the applicant obtaining any necessary planning consent.

(b) SKIN PIERCING AND TATTOOIST - NEW APPLICATION

There was an application by Mr F for a Skin Piercing and Tattooist Licence.

The Committee noted that this application had been withdrawn from consideration.

(c) TAXI DRIVER - NEW APPLICATION

Reference was made to Article X(b) of the minute of meeting of this Committee held on 4th February, 2016, wherein consideration of the application by Mr M T for a Taxi Drivers Licence was deferred to await the outcome of court proceedings.

There was submitted an application by Mr M T for a Taxi Drivers Licence.

There was submitted the original 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, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to note that the application had been withdrawn from consideration.

(d) TAXI OPERATOR - REQUEST FOR VARIATION

There was submitted an application from Mr A H for variation of their Taxi Operator's Licence.

The Committee gave consideration to the application. Thereafter, having heard the applicant on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

Stewart HUNTER, Convener.