Licensing Committee - 28/04/2016

At a MEETING of the LICENSING COMMITTEE held at Dundee on 28th April, 2016.

 

Present:-

 

Depute Lord Provost Christina ROBERTS

 

COUNCILLORS

 

David BOWES

Ken LYNN

Lesley BRENNAN

Stewart HUNTER

Mohammed ASIF

Tom FERGUSON

 

Laurie BIDWELL

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 31st March, 2016 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATIONS OF INTEREST

 

Councillor Asif declared a non-financial interest in the item of business at Article V by virtue of the property company being known to him in a professional capacity.

 

Councillor Hunter declared a non-financial interest in the item of business at Article VII(a)(ii) by virtue of the family of the applicant being known to him in a personal capacity.

 

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

 

The minute of meeting of the Licensing Sub-Committee held on 31st March, 2016 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

 

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.

 

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

 

No

Name

Address of Premises

 

1

Dundee City Council

Camperdown Country Park (date of event 27/03/2016)

2

DUSA

University Campus (date of event 09/04/2016)

 

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

 

No

Name

 

1

Shaun D Cashley x 2

2

Deanside Limited x 5

3

Ian G Grant

4

Kevin G Lindsay

 

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

 

No

Name

Address of Premises

 

1

Karen Roberts

11 Logan Crescent

 

TAXI DRIVER - NEW APPLICATION

 

No

Name

 

1

Frank Falconer

 

(b) AUTHORISED OFFICERS

 

There was submitted Agenda Note AN39-2016 requesting that the undernoted officers of Neighbourhood Services be authorised in terms of Section 5(a), (b) and (c) of the Civic Government (Scotland) Act 1982 to enter and inspect any premises, vehicle or vessel, require production of and inspect any equipment, plant, apparatus or stock in trade and to inspect documentation all as may be required to carry out the provisions of the Act.

 

Bryan Coleman, Civic Licensing Standards Officer

Dan Garven, Civic Licensing Standards Officer

 

The Committee agreed to authorise the officers as requested.

 

(c) SECOND HAND DEALER - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Address of Premises

Type of Goods

 

1

Kenneth Hill

Effies Cave

159A High Street, Lochee

Vintage jewellery and clothing

 

In the case of this application, the Committee noted that the applicant had submitted their Unique Tax Reference Number to the satisfaction of the Licensing Office and that, as such, the application had been granted under delegated powers.

 

(d) PRIVATE HIRE OPERATOR - REQUEST FOR VARIATION

 

There was submitted the undernoted application.

 

No

Name

 

1

Robert McTavish

 

In the case of this application, the Committee noted the request for variation had been made to allow a Special Events disc to be placed on the vehicle to be used in the operation of the licence in place of the standard white plate indicating that the vehicle was a private hire vehicle. 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.

 

(e) APPROVED TAXI VEHICLES

 

It was reported that the undernoted vehicles had been assessed by the Fleet Section of the City Development Service and it was recommended that they be added to the Electric (saloon car) and Wheelchair Accessible Vehicles lists:

 

Electric Saloon Car

 

Renault Zoe

Kia Soul EV

Nissan Leaf

 

Wheelchair Accessible

 

Nissan NV200 (Vic Young WAV Conversion)

Nissan NV200 (Brotherwood WAV Conversion)

 

In the case of the vehicles which were listed as Electric Saloon Cars, having heard the Legal Officer, the Committee agreed that these vehicles be added to the list of Electric Saloon Cars.

 

In the case of the vehicles listed as Wheelchair Accessible, having heard the Legal Officer, the Committee agreed that consideration of the request to add these vehicles to the list of Wheelchair Accessible Vehicles be deferred to the meeting of this Committee to be held on 2nd June, 2016 to allow for further information to be submitted in relation to the testing process and safety certification in this regard and to allow a representative of the Fleet Section of the City Development Service to be in attendance.

 

IV HOUSING (SCOTLAND) ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Person Responsible

Address

 

1

Sarah L Wang

Premier Property Management

230 Perth Road

2

Anna & James N Whittet

2 Rent Me Property Ltd

14D Union Street

3

Taskeen & Faheema Gani

AKG Property Group

3/2, 61 Reform Street

4

Taskeen & Faheema Gani

AKG Property Group

2/2, 61 Reform Street

5

Priority Care Group

Priority Care Group

Magdalen House,

41 Roseangle

6

Salma Ainine

Salma Ainine

Flat 4, 19 Brown Constable Street

7

West One Residential Ltd

5D Bank Street

8

West One Residential Ltd

5E Bank Street

9

West One Residential Ltd

5F Bank Street

10

AJM (General Partner) Ltd

14B Fleuchar Street

11

Conn Jordan & Amelia J Hodge

1/0, 34 Forest Park Road

12

Robin E Wells

1/1, 4 Gowrie Street

13

Anne-Marie Birrell

9 Tayfield Place

 

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

 

In the case of Application Nos 3 and 4, having heard a representative of Neighbourhood Services (Housing) and a representative on behalf of the applicants, the Committee agreed that the applications be granted.

 

In the case of Application No 5, there was submitted a letter of observation from Neighbourhood Services (Housing) relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Neighbourhood Services (Housing), a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 2nd June, 2016 to allow for appropriate paperwork to be completed to the satisfaction of Neighbourhood Services (Housing).

 

In the case of Application No 7, there was submitted a letter of observation from Neighbourhood Services (Housing) relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Neighbourhood Services (Housing), the applicant on their own behalf, and receiving confirmation that all the issues which had been narrated in the letter had now been addressed to the satisfaction of Neighbourhood Services (Housing), the Committee agreed that the application be granted.

 

In the case of Application Nos 7 to 13, 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.

 

No

Name

Nature of Variation

 

1

1/2, 9 Bank Street

Change of day to day manager to Braehead Lettings Ltd.

 

2

3/2, 9 Bank Street

Change of day to day manager to Braehead Lettings Ltd.

 

In the case of Application Nos 1 and 2, 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.

 

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

 

(i) Reference was made to Article V(i) of the minute of meeting of this Committee held on 8th January, 2015, wherein it was agreed to take no further action in relation to the fitness of Mr A to be registered as a landlord but to recall the matter to a meeting of this Committee for an update.

 

There was submitted an update report from Neighbourhood Services (Housing) relevant to the registration of Mr A as a landlord.

 

The Committee gave consideration to the content of the report and supporting documentation which had been tabled by the agent for the applicant. Thereafter, having heard a representative of Neighbourhood Services (Housing), an agent on behalf of the landlord, the landlord on their own behalf and consideration of the advice of the Legal Officer, Councillor Lynn, seconded by Councillor Bidwell, moved that the licence holder be removed from the Register of Landlords.

 

As an amendment, Councillor Asif, seconded by Councillor Ferguson, moved that consideration of the matter be deferred to the meeting of this Committee to be held on 2nd June, 2016 to allow outstanding works to be completed satisfactorily as narrated in the report from Neighbourhood Services (Housing) and for court papers to be produced.

 

On a division, there voted for the motion - Councillors Hunter, Bowes, Lynn and Bidwell (4); and for the amendment - Depute Lord Provost Roberts and Councillors Asif, Brennan and Ferguson (4) - whereupon, there being a parity of votes, the Convener used his casting vote in favour of the motion, whereupon the motion was declared carried.

 

(ii) Reference was made to Article V(ii) of the minute of meeting of this Committee held on 8th January, 2015, wherein it was agreed to take no further action in relation to the fitness of Company B to be registered as a landlord but to recall the matter to a meeting of this Committee for an update.

 

There was submitted an update report from Neighbourhood Services (Housing) relevant to the registration of Company B as a landlord.

 

The Committee gave consideration to the content of the report and supporting documentation which had been tabled by the agent for the applicant. Thereafter, having heard a representative of Neighbourhood Services (Housing), an agent on behalf of the landlord, the landlord on their own behalf and consideration of the advice of the Legal Officer, Councillor Lynn, seconded by Councillor Bidwell, moved that the licence holder be removed from the Register of Landlords.

 

As an amendment, Councillor Asif, seconded by Councillor Ferguson, moved that consideration of the matter be deferred to the meeting of this Committee to be held on 2nd June, 2016 to allow outstanding works to be completed satisfactorily as narrated in the report from Neighbourhood Services (Housing) and for court papers to be produced.

 

On a division, there voted for the motion - Councillors Hunter, Bowes, Lynn and Bidwell (4); and for the amendment - Depute Lord Provost Roberts and Councillors Asif, Brennan and Ferguson (4) - whereupon, there being a parity of votes, the Convener used his casting vote in favour of the motion, whereupon the motion was declared carried.

 

VI HOUSING (SCOTLAND) ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION NEW APPLICATION

 

Reference was made to Article IV of the minute of meeting of this Committee held on 31st March, 2016, wherein the Committee agreed to defer consideration of the application by Ms K for the renewal of her Houses in Multiple Occupation Licence to this meeting of the Committee to allow the applicant to attend.

 

The original letter of observation from the Neighbourhood Services (Housing) was submitted. The Committee gave consideration to the document. Thereafter, having heard the representative of Neighbourhood Services (Housing), an agent on behalf of the applicant, 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 licence holder attending quarterly meetings of the Landlords' Forum Seminars and that the matter be recalled to the meeting of this Committee to be held in a year's time for an update on the operation of the licence.

 

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

(i) There was submitted an application by Mr S B for a Taxi Driver's 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. Part of the objection referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constables representative as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done.

 

Thereafter, having heard the representative of the Chief Constable, the applicant on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months, subject to the applicant submitting their medical certification and Unique Tax Reference Number to the satisfaction of the Licensing Office and that the applicant complete or register to undertake an approved Taxi Driver Training Course within a period of six months.

 

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

 

There was submitted a letter of objection from the Chief Constable relevant to this application. The Committee noted that the applicant was not present and, having heard the Legal Officer and receiving confirmation that the applicant had requested that consideration of the matter be deferred, the Committee agreed to defer consideration of the matter to the meeting of this Committee to be held on 2nd June, 2016.

 

(b) TAXI DRIVERS LICENCE - UPDATES

 

(i) Reference was made to Article VI(c)(ii) of the minute of meeting of this Committee held on 1st October, 2015, wherein it was agreed to grant Mr J I a Taxi Drivers Licence for a period of three months, subject to the applicant submitting their medical certification and Unique Tax Reference Number to the satisfaction of the Licensing Office and the completion of an approved Taxi Driver Training Course within a period of six months.

 

There was submitted the original letter of objection from Police Scotland in relation to the application by Mr J I for a Taxi Drivers Licence. 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 that the licence be granted until May, 2017.

 

(ii) Reference was made to Article VIII(f)(i) of the minute of meeting of this Committee held on 5th November, 2015, wherein it was agreed to grant the application by Mr F K for a Taxi Drivers Licence and to recall the matter in six months' time for an update on completion of an approved Taxi Driver Training Course.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Legal Officer, and receiving confirmation that certification in relation to the completion of an approved Taxi Driver Training Course had still to be received, the Committee agreed to adjourn the matter to the meeting of the Licensing Sub-Committee to be held on 2nd June, 2016 to hold a hearing in relation to the fitness of Mr F K to be the holder of a Taxi Drivers Licence.

 

(iii) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 1st October, 2015, wherein it was agreed to issue Mr U K with a written warning in relation to his future conduct during the currency of his Taxi Driver's Licence and that the licence holder complete an approved Taxi Driver Training Course within a period of six months.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Legal Officer, and receiving confirmation that certification in relation to the completion of an approved Taxi Driver Training Course had still to be received, the Committee agreed to adjourn the matter to the meeting of the Licensing Sub-Committee to be held on 2nd June, 2016 to hold a hearing in relation to the fitness of Mr U K to be the holder of a Taxi Drivers Licence.

 

(iv) Reference was made to Article II(a)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 1st October, 2015, wherein it was agreed to issue Mr C L with a written warning as to his future conduct during the currency of his Taxi Driver's Licence and that the licence holder complete an approved Taxi Driver Training Course within a period of six months.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Legal Officer, and receiving confirmation that certification in relation to the completion of an approved Taxi Driver Training Course had still to be received, the Committee agreed to adjourn the matter to the meeting of the Licensing Sub-Committee to be held on 2nd June, 2016 to hold a hearing in relation to the fitness of Mr C L to be the holder of a Taxi Drivers Licence.

 

(v) Reference was made to Article XI(f)(v) of the minute of meeting of this Committee held on 1st October, 2015, wherein it was agreed to issue Mr J McA with a written warning as to his future conduct during the currency of his Taxi Driver's Licence and that the licence holder complete an approved Taxi Driver Training Course within a period of six months. The Committee gave consideration to the matter. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, and receiving confirmation that the licence holder was registered to undertake an approved Taxi Driver Training Course, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 1st September, 2016 for an update on the completion of the course.

 

(c) TAXI DRIVER/TAXI OPERATOR LICENCE - UPDATE

 

Reference was made to Article VI(g) of the minute of meeting of this Committee held on 1st October, 2015, wherein it was agreed to issue Mr J P with a written warning as to his future conduct during the currency of his Taxi Driver's Licence and that the licence holder complete an approved Taxi Driving Training Course within a period of six months.

 

The Committee gave consideration to the matter. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer and receiving confirmation that the licence holder had completed an approved Taxi Driver Training Course, the certificate for which was tabled by the licence holder, the Committee agreed that no further action be taken.

 

(d) PRIVATE HIRE DRIVER - SUSPENSION HEARING

 

Reference was made to Article X(c)(i) of the minute of meeting of this Committee held on 4th February, 2016, wherein it was agreed to continue the suspension of the Private Hire Driver's Licence held by Mr D N with immediate effect and to hold a fresh hearing at this meeting of the Committee to await the outcome of court proceedings.

 

There were submitted the original letters of information from the Chief Constable relevant to the alleged conduct of Mr D N during the currency of his Private Hire 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 letters. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Clerk, and receiving confirmation that the licence holder had been found guilty in a court of law in relation to the matters as narrated in the letter from the Chief Constable, the Committee agreed that the Private Hire Drivers Licence held by Mr D N be suspended for the unexpired portion of the licence with immediate effect.

 

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article III(b)(i) of the minute of meeting of this Committee held on 3rd March, 2016, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr G A with immediate effect and hold a fresh hearing in relation to the medical fitness of Mr G A to be the holder of a Taxi Driver's Licence at this meeting of the Committee to await the report from OHSAS.

 

There was submitted a letter of information from OHSAS relevant to the fitness of Mr G A to be the holder of a 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 the Legal Officer, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by Mr G A with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 2nd June, 2016 to allow the licence holder to be present and the report from OHSAS to be received.

 

(ii) Reference was made to Article II(b)(iv) of the minute of meeting of the Licensing Sub‑Committee held on 31st March, 2016, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr D D for a period of 28 days and to hold a further hearing to allow Mr D D to apply for recall of the suspension if he so desired.

 

There were submitted the original letters of information from the Chief Constable relevant to the alleged conduct of Mr D D 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 letters.

 

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee noted that the suspension would take effect from 29th April, 2016.

 

(iii) Reference was made to VI(b)(iv) of the minute of meeting of this Committee held on 3rd December, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr D McI during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and to continue the immediate suspension of the Taxi Driver's Licence held by Mr D McI during the intervening period.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr D McI during the currency of his Taxi Driver's 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 delegated authority be given to the Convener to recall the suspension of the Taxi Drivers Licence held by Mr D McI, subject to the licence holder and Police Scotland submitting confirmation that the Procurator Fiscal would not be proceeding with the matter.

 

(iv) Reference was made to VII(c)(vi) of the minute of meeting of this Committee held on 7th January, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C S during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and to continue the immediate suspension of the Taxi Driver's Licence held by Mr C S during the intervening period with immediate effect.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr C S during the currency of his Taxi Driver's 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, and receiving confirmation that the licence holder had been convicted, the Committee agreed that the Taxi Driver's Licence held by Mr C S be suspended with immediate effect for the unexpired portion of the licence.

 

(f) TAXI OPERATORS LICENCE - SUSPENSION HEARING

 

Reference was made to Article II(b) of the minute of meeting of the Licensing Sub-Committee held on 4th February, 2016, wherein the Sub-Committee agreed to hold a hearing in relation to the alleged conduct of Mr J P during the currency of his Taxi Operator's Licence.

 

There was submitted the letter of information from the Licensing Office relevant to the alleged conduct of Mr J P during the currency of his Taxi Operator's Licence.

 

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 to adjourn the hearing to the meeting of this Committee to be held on 2nd June, 2016 to allow the licence holder to be present.

 

 

 

 

Stewart HUNTER, Convener.

 

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.