Licensing Committee - 04/07/2016

At a MEETING of the LICENSING COMMITTEE held at Dundee on 4th July, 2016.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 2nd June, 2016 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Asif declared a non-financial interest in the item of business at Article IV(c) by virtue of the licence holder being known to him in a personal capacity and left the Chamber prior to its consideration. Councillor Asif re-entered the Chamber prior to consideration of the item of business at Article IV(d) of this minute.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) APPROVED LIST OF WHEELCHAIR ACCESSIBLE TAXIS

It was reported that the Mercedes-Benz Vito WAV Euro 6 Taxi 109 CDI 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 wheelchair accessible vehicles.

The Committee agreed that the vehicle be added to the approved list of wheelchair accessible vehicles.

III HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 11, reference was made to Article III(c) of the minute of meeting of this Committee held on 2nd June, 2016, wherein the Committee agreed to defer consideration of the applications to allow the agent to be in attendance. The Committee noted that the agent for the applicants was not present and that he had submitted a request that consideration of the applications be deferred to a future meeting of the Committee. The Committee agreed that the applications be considered in their absence. The Committee gave consideration to letters of observation which had been submitted by the Housing Department relevant to these applications. Thereafter, having heard a representative of the Housing Department, a representative of the Scottish Fire and Rescue Service and Building Control and consideration of the advice of the Legal Officer, the Committee agreed that the applications be refused and that a hearing be held in relation to the fitness of Mr Richard Hawkins to be registered as a landlord and also to consider revocation of licences previously granted at the locus.

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 CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PRIVATE HIRE OPERATOR - NEW APPLICATIONS

Reference was made to Article VI(c) of the minute of meeting of this Committee held on 2nd June, 2016, wherein consideration of the application by Mr M Z for a Taxi Drivers Licence was deferred to await the outcome of court proceedings.

There was submitted an application by Mr M Z 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 receiving confirmation that the Police had reduced their letter from objection to a letter of representation, 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 completing an approved Taxi Driver Training Course within six months and that the matter be recalled to the meeting of this Committee to be held in six months' time for an update.

(b) TAXI DRIVER - NEW APPLICATION

Reference was made to Article VI(d)(iv) of the minute of meeting of this Committee held on 2nd June, 2016, wherein consideration of the application by Mr N W for a Taxi Drivers Licence was deferred to await the outcome of court proceedings.

There was submitted an application by Mr N W for a Taxi Drivers Licence. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence.

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 and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(c) TAXI DRIVER - SUSPENSION HEARING

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 3rd June, 2016, wherein the Taxi Driver's Licence held by Mr A Q was suspended with immediate effect and it was agreed that a hearing be held in due course in relation to the fitness of Mr A Q to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A Q 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 to adjourn the hearing until the meeting of this Committee to be held on 1st September, 2016 to await the outcome of court proceedings and to recall the suspension of the Taxi Driver's Licence held by Mr A Q with immediate effect.

(d) TAXI OPERATOR - REQUESTS FOR EXTENSIONS TO WIND-UP ESTATES

(i) There was submitted a letter from the wife of the late Mr B C, who had been the holder of a Taxi Licence, requesting an extension of time to wind-up the estate.

The Committee gave consideration to the content of the letter. Thereafter, having heard 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 that an extension of three months be granted up until October, 2016.

(ii) There was submitted a letter from the wife of the late Mr C C, who had been the holder of a Taxi Licence, requesting an extension of time to wind-up the estate.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that an extension of three months be granted up until October, 2016.

Stewart HUNTER, Convener.