Licensing Committee - 02/06/2016

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd June, 2016.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 28th April, 2016 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATIONS OF INTEREST

Councillor Hunter declared a non-financial interest in the item of business at Article VI(d)(iii) of this minute by virtue of the applicant being known to him in a personal capacity and left the Chamber prior to its consideration, whereupon the Chair was taken by Councillor Bowes, Depute Convener. Councillor Hunter re-entered the Chamber prior to consideration of the item of business at Article VI(d)(iv) of this minute, whereupon he resumed the Chair.

Councillor Asif declared a non-financial interest in the item of business at Article III(b)(7) by virtue of the applicant and agent being known to him in a personal capacity.

Councillor Asif declared a non financial interest in the terms of business at Articles III(b)(1-4 and 16) by virtue of the agent being known to him in a personal capacity.

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.

PRIVATE HIRE OPERATOR - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

STREET TRADER - NEW APPLICATION

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

(b) SECOND HAND DEALER - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request had been made to vary the condition of the licence for the Second Hand Dealers Licence held by Richard Lawson (Autoecosse) Ltd to change the day to day manager to Kevin Gordon.

The Committee gave consideration to the request. Thereafter, having heard the applicant on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the licence be varied as requested.

(c) STREET TRADER - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that application was made to vary Conditions 9 and 10 which required the vehicle to be used in the operation of the licence to be moved every 15 minutes and not return within one hour. The Committee noted that the applicant had permission to site his vehicle at Springfield Construction Site, Dundee. Thereafter, having heard the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the conditions that the hours of operation be from 7am to 3pm and that should any application for renewal of licence be applied for that this be submitted to a meeting of the Committee for determination.

(d) THEATRE LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that application had been made to vary the condition of the Theatre Licence held by Downfield Musical Society to allow alcohol to be sold during performances.

The Committee gave consideration to the request. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the licence be varied as requested.

(e) STREET TRADER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the application had been withdrawn from consideration by the applicant.

(f) TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 2 and 4, the Committee noted that the applicants were not present and agreed that the applications be considered in their absence. Thereafter, having noted that the applicants had failed to pass the street test within the prescribed period, the Committee agreed that the applications be refused.

In the case of Application Nos 3, 5 and 6, the Committee noted that these applications had been withdrawn from consideration by the applicants.

(g) TAXI OPERATOR - NEW APPLICATION ELECTRIC VEHICLE

There was submitted the undernoted application.

In the case of this application, the Committee noted that application had been made for a new corporate licence to replace an existing wheelchair accessible vehicle with an electric wheelchair accessible vehicle and that the existing licence holder was Robert Krol and that the Directors of Panda Taxis Ltd were Robert Krol, Syed K K Uddin and Shahid Nawai Abassi. Thereafter, having heard the applicant on their own behalf, the Plant and Vehicle Officer and consideration of the advice of the Legal Officer, the Committee agreed to grant the application on condition that it did not take effect until the existing licence held by Mr Krol was surrendered.

(h) APPROVED LIST OF WHEELCHAIR ACCESSIBLE TAXIS

Reference was made to Article III(e) of the minute of meeting of this Committee of 28th April, 2016, wherein it was agreed to defer consideration of the inclusion of the following vehicles on the approved list of wheelchair accessible vehicles to allow the representative of the Fleet Section to attend to explain test procedures.

Nissan NV200 (Vic Young WAV Conversion)

Nissan NV200 (Brotherwood WAV Conversion)

It was reported that the above vehicles had been assessed by the Plant and Vehicle Officer and having received appropriate certification, the Plant and Vehicle Officer recommended that the vehicle be added to the list of accessible vehicles. Thereafter, having heard the representatives of the Fleet Section, including the Plant and Vehicle Officer, the Committee agreed that the vehicles be added to the approved list of wheelchair accessible vehicles.

III HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article IV(a) of the minute of meeting of the Licensing Committee held on 28th April, 2016, wherein the Committee agreed to defer consideration of the application to allow outstanding works to be completed. There was submitted the original letter of observation from the Housing Department relevant to this application. Thereafter, having heard a representative of the Housing Department, the Committee agreed that the application be granted.

In the case of Application Nos 2, 3, 4, 5 and 6, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application Nos 7 to 32, the Committee agreed that consideration of these applications be deferred to a future meeting.

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

There were submitted the undernoted applications.

In the case of Application Nos 1, 2, 3, 4, 5 and 6, having heard a representative of the Housing Department and the applicants on their own behalf, the Committee agreed that the applications be granted.

In the case of Application No 7, the Committee gave consideration to letters of objection which had been submitted by members of the public. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant, the applicant on their own behalf, a representative of the Environmental Health Department, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to the meeting of this Committee to be held in December, 2016 for an update on the operation of the licence.

In the case of Application Nos 8, 11 and 17 to 27, the Committee agreed that consideration of these applications be deferred to a future meeting.

In the case of Application No 9, the Committee gave consideration to letters of objection which had been submitted by members of the public and a letter of observation which had been submitted by the Housing Department. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 10, the Committee gave consideration to a letter of observation which had been submitted by the Housing Department. Thereafter, having heard a representative of the Housing Department, 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 No 12, the Committee gave consideration to a letter of observation which had been submitted by the Housing Department. Thereafter, having heard a representative of the Housing Department, 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 No 13, the Committee gave consideration to a letter of observation which had been submitted by the Housing Department. Thereafter, having heard a representative of the Housing Department and a representative on behalf of the applicant, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held in September, 2016 to allow outstanding works to be completed.

In the case of Application No 14, the Committee gave consideration to a letter of observation which had been submitted by the Housing Department. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 15, the Committee gave consideration to a letter of observation which had been submitted by the Housing Department. Thereafter, having heard a representative of the Housing Department, 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 No 16, the Committee gave consideration to a letter of observation which had been submitted the Housing Department. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to conditions of variation and layout.

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

There was submitted a letter of information from the Housing Department relevant to the registration of Mr J F as a landlord. 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, and noting that the landlord had submitted a request for deferral, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held in September, 2016.

V HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - RENEWALS

In the case of Application Nos 1, 2 and 3, the Committee noted that a request had been received from the agent for the applicant that consideration of the matters be deferred.

Thereafter, having heard from the Legal Officer, the Committee agreed that the applications be deferred to the meeting of the Licensing Committee to be held in September, 2016 or such earlier date as may become available.

In the case of Application Nos 4, 5, and 6, the Committee noted that a request had been received from the agent for the applicant that consideration of the matters be deferred.

Thereafter, having heard from the Legal Officer, the Committee agreed that the applications be deferred to the meeting of the Licensing Committee to be held in September, 2016 or such earlier date as may become available.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER MEDICALS

It was reported that a letter had been received from OHSAS intimating that from 1st July, 2016 they would no longer be providing services external to the NHS and that following discussions with the Corporate Procurement Section, the Council provider PAM Group had agreed to provide this service and that a meeting had been scheduled to discuss the Committees requirements.

The Committee noted the position.

(b) PRIVATE HIRE DRIVER - NEW APPLICATION

There was submitted an application by Mr B S for a Private Hire 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 objection 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 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 September, 2016 to allow the applicant to be present.

(c) PRIVATE HIRE OPERATOR - NEW APPLICATION

There were submitted two applications by Mr M Z for Private Hire Operators Licences.

There was submitted a letter of objection from the Chief Constable relevant to these applications. 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 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 Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held in September, 2016 or such earlier date as may become available.

(d) TAXI DRIVER - NEW APPLICATIONS

(i) Reference was made to Article VII(b)(ii) of the minute of meeting of this Committee held on 30th April, 2016, wherein it was agreed to grant a temporary Taxi Drivers Licence to Mr A A and to obtain confirmation from the UK Borders Agency in relation to his immigration status. The Committee noted that Mr A A was not present and agreed that the matter be considered in their absence. There was also submitted a letter of support from the applicant. Thereafter, having heard the advice of the Legal Officer, the Committee agreed that the application be granted and that should any application for renewal of licence be received that this be submitted to a meeting of this Committee for determination.

(ii) There was submitted an application by Mr J B for a Taxi Drivers 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 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 Legal Officer, the Committee agreed that the application be granted for a period of six months and to recall the matter after a period of three months to receive confirmation that the licence holder had registered on an approved Taxi Driver Training Course.

(iii) Reference was made to Article VII(a)(ii) of the minute of meeting of this Committee held on 28th April, 2016, wherein the Committee agreed to defer consideration of the application by Mr P H for a Taxi Drivers Licence.

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 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 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, a representative on behalf of the applicant, the applicant on their own behalf and consideration of a letter of support which had been tabled by the applicant and the advice of the Legal Officer, the Committee agreed that the application be granted for a period of three months, subject to the applicant obtaining their Unique Tax Reference Number and medical certificate to the satisfaction of the Licensing Office.

(iv) There was submitted an application by Mr N W 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. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held in September, 2016 or such earlier date as may become available to await the outcome of criminal proceedings.

(v) There was submitted an application by Mr K H 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. 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 application be granted, subject to the condition that the applicant completes an approved Taxi Driver Training Course by January, 2017.

(e) TAXI DRIVER - REQUEST FOR VARIATION

Reference was made to Article VII(f) of the minute of meeting of this Committee held on 3rd September, 2015, wherein the Committee agreed to grant the request for variation received from Mr J G.

There was submitted a request for variation from Mr J G in relation to his Taxi Operator's Licence. The Committee gave consideration to the content of the application, together with supporting information submitted from the applicant's general practitioner. Thereafter, having heard the Legal Officer, the Committee agreed that the variation be further granted until September, 2016.

(f) TAXI DRIVER - UPDATE

(i) Reference was made to Article lll(a) of the minute of meeting of this Committee held on 3rd March, 2016, wherein the Committee agreed to grant the application by Mr R C for a Taxi Drivers Licence, subject to the licence holder completing an approved Taxi Driver Training Course.

There was submitted the original letter of representation from the Chief Constable relative to this application. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the advice of the Legal Officer, the Committee agreed that a hearing be held in relation to the fitness of Mr R C to be the holder of a Taxi Drivers Licence.

(ii) Reference was made to Article VI(a)(ii) of the minute of meeting of this Committee held on 3rd December, 2015, wherein the Committee agreed to grant the application by Mr J D for a Taxi Drivers Licence and that the applicant completes an approved Taxi Driver Training Course within six months.

There was submitted the original letter of representation from the Chief Constable relative to this application. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the advice of the Legal Officer, the Committee agreed to defer the matter to the meeting of this Committee held in September, 2016 to allow the licence holder to attend.

(iii) Reference was made to Article VIII(b) of the minute of meeting of this Committee held on 5th November, 2015, wherein the Committee agreed to grant the application by Mr D J and to recall the application to this meeting of the Committee for an update on the operation of the licence.

There was submitted the original letter of objection from the Chief Constable relative to this application. 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 Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to grant the application and that no further action be taken.

(iv) Reference was made to Article Vll(b)(ii) of the minute of meeting of this Committee held on 7th January, 2016, wherein the Committee agreed to grant Mr P MacK a temporary Taxi Driver's Licence for a period of six months once the applicant had submitted their Unique Tax Reference Number and that they also completed a Taxi Drivers Training Course. There was submitted the original letter of objection from Police Scotland relevant to this application. 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, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held in September, 2016 to allow the applicant to be present.

(g) TAXI DRIVER - SUSPENSION HEARINGS

(i) Reference was made to VII(e)(i) of the minute of meeting of this Committee held on 28th April, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G A during the currency of his Taxi Driver's Licence to await the report from OHSAS on the fitness of Mr G A to be the holder of a Taxi Drivers Licence to continue the immediate suspension of the Taxi Driver's Licence held by Mr G A during the intervening period.

There was submitted the report from OHSAS relevant to the fitness of Mr G A to be the holder of a 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 the advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr G A with immediate effect and to call a fresh hearing to the meeting of the Committee to be held in September, 2016.

(ii) Reference was made to V(d)(iii) of the minute of meeting of this Committee held on 4th February, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr O L during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and to recall the immediate suspension of the Taxi Driver's Licence held by Mr O L during the intervening period.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr O L 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 and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Committee agreed that no further action be taken and that the licence holder be issued with a written warning as to their future conduct.

(iii) Reference was made to X(d)(iii) of the minute of meeting of this Committee held on 3rd March, 2016, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr G S to be the holder of a Taxi Driver's Licence to await the report from OHSAS and to recall the immediate suspension of the Taxi Driver's Licence held by Mr G S during the intervening period.

There was submitted the report from OHSAS, together with 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 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 no further action be taken.

(h) TAXI OPERATOR - SUSPENSION HEARING

Reference was made to Article VII(f)(i) of the minute of meeting of this Committee held on 28th April, 2016, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr J P during the currency of his Taxi Operator's Licence to allow the licence holder to be present.

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

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, the Committee agreed to suspend the licence for its unexpired period from 2nd September, 2016 until 31st May, 2017 and to adjourn the hearing to the meeting of this Committee to be held in September, 2016 to allow the licence holder to be present to apply for recall of the suspension, if so advised.

(i) TAXI DRIVER/TAXI OPERATOR - SUSPENSION HEARING

Reference was made to Article VIII(e)(i) of the minute of meeting of this Committee held on 5th November, 2015, wherein it was agreed to recall the suspension of the Taxi Driver's Licence held by Mr S S with immediate effect, to issue the licence holder with a written warning and hold a fresh hearing at this meeting of the Committee.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S S 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 and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(j) WINDOW CLEANER - NEW APPLICATION

There was submitted an application by Mr C T for a Window Cleaners 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 objection 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 not be considered. 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 application be granted.

Stewart HUNTER, Convener.