Licensing Sub-committee - 31/03/2016

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

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) LATE HOURS CATERING - SUSPENSION HEARING

Reference was made to Article II(b) of the minute of meeting of the Licensing Sub-Committee held on 6th November, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr B E during the currency of his Late Hours Catering Licence.

There was submitted a letter of information from the Chief Constable relevant 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 a representative of the Chief Constable, the Sub-Committee agreed that the hearing be adjourned to the meeting of this Sub-Committee to be held on 2nd June, 2016.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(c)(i) of the minute of meeting of the Licensing Sub‑Committee held on 7th January, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R B 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 B 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, the licence holder on his own behalf 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.

(ii) Reference was made to Article II(c)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 7th January, 2016, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr G C during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant 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 the hearing be adjourned until the meeting of the Sub-Committee to be held on 6th October, 2016.

(iii) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 7th January, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr K C during the currency of his Taxi Drivers Licence to await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr K C 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, the licence holder on his own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken.

(iv) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 7th January, 2016, wherein it was agreed to issue Mr D D with a verbal warning as to his future conduct during the currency of his Taxi Driver's Licence.

There was submitted a copy of the original letter of information from the Chief Constable relevant to the alleged conduct of Mr D D during the currency of his Taxi Drivers Licence, together with a further letter of complaint.

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 letters. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Drivers Licence held by Mr D D be suspended for a period of one month.

(v) Reference was made to Article II(a)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 7th January, 2016, wherein it was agreed to adjourn the suspension hearing in relation to the alleged conduct of Mr J D during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

There was submitted a 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 Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the hearing be adjourned until the meeting of the Sub-Committee to be held on 2nd June, 2016.

(vi) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 4th February, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J M 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 M 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 the licence holder on his own behalf 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.

(c) TAXI DRIVERS/TAXI OPERATORS LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(b) of the minute of meeting of the Licensing Sub‑Committee held on 4th February, 2016, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Ms K C during the currency of her Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Ms K C during the currency of her Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the licence holder on their own behalf, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the hearing be adjourned until the meeting of the Sub-Committee to be held on 2nd June, 2016.

(ii) Reference was made to Article II(b) of the minute of meeting of the Licensing Sub‑Committee held on 4th February, 2016, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr W C during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr W 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 the representative on behalf of the licence holder, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the hearing be adjourned until the meeting of the Sub-Committee to be held on 2nd June, 2016.

(iii) Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 7th January, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr S E during the currency of his Taxi Drivers Licence and Taxi Operators Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S E 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 an agent on behalf of the licence holder, the licence holder on his own behalf 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.

(iv) Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 7th January, 2016, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr N S during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr N S 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 representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the hearing be adjourned until the meeting of the Sub-Committee to be held on 2nd June, 2016.

(d) 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 D McM 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 D McM 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 R 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 R 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 N Y 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 N Y 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.

(iv) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S D during the currency of his Taxi Operators Licence and Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the Taxi Drivers Licence held by Mr S D be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr S D to be the holder of a Taxi Drivers and Taxi Operators Licence. No action would be taken in the intervening period in relation to the Taxi Operators Licence held by Mr S D.

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

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the Taxi Drivers Licence held by Mr R S be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr R S to be the holder of a Taxi Drivers and Taxi Operators Licence. No action would be taken in the intervening period in relation to the Taxi Operators Licence held by Mr R S.

Stewart HUNTER, Convener.