Licensing Committee - 01/09/2016

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st September, 2016.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 12th August, 2016 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Asif declared a financial interest in respect of Item 5(a)(1) by virtue of having relatives with an interest in the property and a non-financial interest in respect of Item 5(a) where he had knowledge of one of the agents.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 2nd June, 2016, 3rd June, 2016, 4th July, 2016, 8th July, 2016, 18th July, 2016, 12th August, 2016 and 22nd August, 2016 were submitted for information and record purposes (Appendices 1, 2, 3, 4, 5, 6 and 7).

III MINUTE OF MEETING OF TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 21st January, 2016 was submitted for information and record purposes (Appendix 8).

IV 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.

ANIMAL BOARDING - NEW APPLICATIONS

MARKET OPERATOR - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATIONS

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

STREET TRADER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) CCTV - FORWARD FACING CAMERA

The Committee, having heard from the Clerk, agreed to approve the installation of forward facing cameras.

(c) ELECTRIC VEHICLES

There was submitted Agenda Note AN68-2016 reporting that as part of the ongoing promotion of the use of electric vehicles, discussions at a recent meeting of the Taxi Liaison Group involved designated taxi ranks, reduction in test fees and private hire cars. Following those discussions, it was recommended that:-

(i) the taxi rank in Whitehall Crescent (outside Malmaison) be re-designated for use by electric taxis only;

(ii) the fee for a test involving an electric vehicle be reduced by 10 to reflect the reduction in time taken to carry out the test; and

(iii) any applications for new taxis or private hire car licences be granted on the condition that only an electric vehicle from the list approved by this Committee can be placed on service. Any subsequent replacement vehicles operated under these new licences will also need to be from the approved list of electric vehicles.

In the case of taxi licences, a new licence will only be issued when the number of taxis falls below the limit and a full taxi survey determines that there is significant demand for taxis which is unmet.

In the case of private hire cars, the condition should be attached to any licence granted where the application was lodged after 1st September, 2016.

Applicants intending to operate solely as airport transfer vehicles can apply for a variation and ask that this condition is not applied.

The Taxi Trade representatives at the Liaison Group supported these proposals.

The Committee agreed the above.

(d) TAXI DRIVER - NEW APPLICATIONS

In the case of Application No 1, the Committee noted that the application had been withdrawn. In the case of Application No 2, the Committee noted that it was incompetent.

(e) TAXI OPERATOR - NEW APPLICATIONS - ELECTRIC VEHICLES

In the case of Application Nos 1 to 3, the Committee, having heard from the applicants on their own behalf, agreed to grant the above applications.

(f) TAXI OPERATOR - REQUEST FOR VARIATION

The Committee agreed to defer the above application.

V HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

In the case of Application No 1, Councillor Asif declared a financial interest, left the Chamber and took no part in the debate.

Thereafter, the Committee, having heard from a representative from Neighbourhood Services, agreed to grant the application.

In the case of Application Nos 2 to 20, the Committee, having heard from a representative from Neighbourhood Services, agreed to grant the applications.

The Committee agreed to defer Application Nos 21 to 46.

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

In the case of Application Nos 1 to 19, the Committee, having heard from a representative from Neighbourhood Services, agreed to grant the applications.

(c) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

The Committee, having heard from the applicant on their own behalf, agreed to take no further action.

The Committee, having heard from the applicant on their own behalf and an objector, agreed to grant the above application, subject to recall in December, 2016 for an update.

The Committee, having heard from the applicant on their own behalf, agreed to grant the above application on the proviso that the property is not occupied and outstanding works are completed by 30th September, 2016, failing which the licence shall cease to have effect.

The Committee, having heard from the applicant on their own behalf, agreed to grant the above application.

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.

VI HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - RENEWALS

Reference was made to Article V(a) of the minute of meeting of this Committee of 2nd June, 2016, wherein it was agreed that in relation to Application Nos 1 to 6 they be deferred to the meeting of this Committee of 2nd September, 2016.

The Committee agreed to further defer Application Nos 1 to 6 to a future meeting of this Committee pending the outcome of current proceedings.

(b) REQUEST FOR EXTENSION - DECEASED HMO LICENCE OPERATOR

The Committee, having heard from a representative, agreed to grant an extension to December, 2016 and that a letter of explanation be provided by the solicitor dealing with the winding-up of the estate of the late operator.

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

(i) Mr A P

The Committee, having heard from a representative of Neighbourhood Services and the licence holder on their own behalf, agreed to grant the above application.

(ii) Mr P G and Mr M R

The Committee agreed to defer the above application.

(iii) Mr C W

The Committee, having heard from a representative from Neighbourhood Services that the applicant was not a fit and proper person, agreed to defer above application for registration pending the determination of application (iv) below.

(iv) Mr J H

The Committee, having heard from a representative from Neighbourhood Services and the applicant on their own behalf, agreed to defer the application for three months.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a)                           PRIVATE HIRE DRIVER - NEW APPLICATION

Reference was made to Article VI(b) of the minute of meeting of this Committee of 2nd June, 2016, wherein it was agreed to defer the application in respect of Mr B S to the September meeting of this Committee to allow the applicant to be present.

The Committee, having heard from the applicant on their own behalf, the Chief Constables representative and the Legal Officer, agreed to grant the above application.

(b) TAXI DRIVER - NEW APPLICATION

There was submitted a taxi drivers application in respect of Mr D McK.

The Committee, having heard from the applicant on their own behalf, the Chief Constables representative and the Legal Officer, agreed to refuse the above application.

(c) TAXI OPERATOR - REQUESTS FOR VARIATION

(i) There was submitted an application by Mr M A.

The Committee, having heard from the applicant and an agent on their behalf, agreed to refuse the above application.

(ii) There was submitted an application by Ms K C.

The Committee, having heard from the applicant on their own behalf, agreed to grant the above application.

(iii) Reference was made to Article VI(e) of the minute of meeting of this Committee of 2nd June, 2016, wherein it was agreed to extend the variation in respect of Mr J G.

The Committee, having noted that the applicant was not present, agreed to extend the variation in respect of Mr J G to the October meeting of this Committee.

(iv) There was submitted an application by Mr T T.

The Committee, having heard from an agent on behalf of the applicant and the Legal Officer, agreed to refuse the above application.

The Committee further agreed to a request for written reasons.

(d) TAXI DRIVER - UPDATES

(i) Reference was made to Article VI(f)(ii) of the minute of meeting of this Committee of 2nd June, 2016, to allow Mr J D to complete an approved Taxi Driver Training Course within six months.

The Committee, having noted that the licence holder was not present, agreed to call a hearing in respect of Mr J D to be held at the October, 2016 meeting of the Licensing Sub-Committee.

(ii) Reference was made to Article VI(f)(iv) of the minute of meeting of this Committee of 2nd June, 2016, wherein the Committee deferred consideration of the update to allow Mr P MacK to submit his UTRN and complete a recognised Taxi Drivers Training Course.

The Committee, having heard from the licence holder on their own behalf, agreed to defer the update to the December meeting of this Committee to allow the applicant to provide evidence of completion of the training course.

(e) TAXI DRIVER - SUSPENSION HEARINGS

(i) Reference was made to Article VI(g)(i) of the minute of meeting of this Committee of 2nd June, 2016, wherein it was agreed to continue the suspension of Mr G As licence and call a fresh hearing in September, 2016.

The Committee noted that the licence in respect of Mr G A had been reinstated by delegated powers.

(ii) The Committee considered a letter from the Executive Director of Neighbourhood Services in respect of Mr A A.

The Committee, having heard from the licence holder and a representative on their behalf and a representative from Neighbourhood Services, agreed to issue a verbal warning.

(iii) Reference was made to Article II(a)(iii) of the minute of meeting of the Licensing Sub‑Committee of 12th August, 2016, wherein it was agreed to suspend the licence and hold a suspension hearing in respect of Mr S U.

The Committee, having heard from an agent on behalf of the licence holder and the Chief Constables representative, agreed to defer the hearing until the December meeting of this Committee and to continue the suspension of the licence with immediate effect.

(iv) The Committee considered a letter from the Chief Constable in respect of Mr N Y and having noted that Mr N Y was not present, agreed to defer the hearing until the November meeting of this Committee.

(f) TAXI OPERATOR - SUSPENSION HEARING

Reference was made to Article VI(h) of the minute of meeting of this Committee of 22nd June, 2016, wherein it was agreed to adjourn the hearing in respect of Mr J P until the September meeting of this Committee.

The Committee, having noted that Mr J P was not present, agreed to defer the hearing to October, 2016.

(g) TAXI DRIVER/PRIVATE HIRE OPERATOR - SUSPENSION HEARING

The Committee considered a letter from Police Scotland in respect of Mr F C. Having heard from the licence holder on their own behalf and the Chief Constables representative, the Committee agreed to take no further action.

(h) WINDOW CLEANER - NEW APPLICATION

The Committee considered letters from the Chief Constable in respect of Mr B M. Having heard from the applicant on their own behalf and the Chief Constables representative, the Committee agreed to defer the above application to the December meeting of this Committee to await the outcome of court proceedings.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 2nd June, 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

(i) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee held on 31st March, 2016, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr B E during the currency of his Late Hours Catering Licence to await the outcome of criminal proceedings.

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 submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub‑Committee agreed that no further action be taken.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(b)(v) of the minute of meeting of the Licensing Sub‑Committee held on 31st March, 2016, wherein it was agreed to adjourn the 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 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 to await the outcome of court proceedings.

(ii) Reference was made to Article II(d)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 31st March, 2016, wherein it was agreed that a hearing be held in relation to the fitness of Mr S D to be the holder of a Taxi Driver's 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, the Sub-Committee agreed to adjourn the hearing to the meeting of this Sub-Committee to be held on 6th October, 2016 to await the outcome of court proceedings.

(iii) Reference was made to Article VII(b)(ii) of the minute of meeting of the Licensing Committee held on 28th April, 2016, wherein it was agreed that a hearing be held in relation to the fitness of Mr F K to be the holder of a Taxi Driver's 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 matter. Thereafter, having heard the Legal Officer, the Sub-Committee agreed that the Taxi Driver's Licence held by Mr F K be suspended for the unexpired portion of the licence.

(iv) Reference was made to Article VII(b)(iii) of the minute of meeting of the Licensing Committee held on 28th April, 2016, wherein it was agreed that a hearing be held in relation to the fitness of Mr U K to be the holder of a Taxi Driver's 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 matter. Thereafter, having heard the Legal Officer, the Sub-Committee agreed that the Taxi Driver's Licence held by Mr U K be suspended for the unexpired portion of the licence.

(v) Reference was made to Article VII(b)(iv) of the minute of meeting of the Licensing Committee held on 28th April, 2016, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr C L during the currency of his Taxi Driver's 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 matter. Thereafter, having heard the Legal Officer, the Sub-Committee agreed that the Taxi Driver's Licence held by Mr C L be suspended for the unexpired portion of the licence.

(vi) Reference was made to Article II(d)(ii) of the minute of meeting of this Sub-Committee held on 31st March, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R R 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 R R during the currency of his Taxi Driver's Licence. The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. 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 Sub-Committee agreed to suspend the Taxi Driver's Licence held by Mr R R for a period of 28 days and that should any application for renewal of licence be received that this be submitted to a meeting of the Licensing Committee for determination.

(vii) Reference was made to Article III(c)(iv) of the minute of meeting of the Licensing Sub‑Committee held on 31st March, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr N S 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 N S during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a 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 6th October, 2016 to await the outcome of court proceedings.

(viii) Reference was made to Article II(d)(iv) of the minute of meeting of the Licensing Sub‑Committee held on 31st March, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R 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 R S 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 Committee to be held on 6th October, 2016 to await the outcome of court proceedings.

(c) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(c)(i) of the minute of meeting of this Sub-Committee held on 31st March, 2016, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Ms K C during the currency of her 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 Ms K C during the currency of her Taxi Driver's 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 submitted by the Chief Constable. Thereafter, having heard a 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 to await the outcome of court proceedings.

(ii) Reference was made to Article II(c)(ii) of the minute of meeting of this Sub-Committee held on 31st March, 2016, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr W C 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 W C during the currency of his Taxi Driver's Licence. The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable, the representative on behalf of the licence holder and consideration of the advice of the Legal Officer, and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub-Committee agreed that no further action be taken.

(iii) Reference was made to Article II(d)(i) of the minute of meeting of the Licensing Sub‑Committee held on 31st March, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr D McM 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 D McM 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 6th October, 2016 to await the outcome of court proceedings.

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.

(d) TAXI DRIVER'S LICENCE - REQUEST FOR HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D G 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 G 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 W S 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 W S to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 3rd June, 2016.

APPENDIX II

Present:-

Depute Lord Provost Christina ROBERTS

Councillor Stewart HUNTER

Councillor Tom FERGUSON

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

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 item of business on the grounds that it 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) TAXI DRIVER'S LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A Q during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed that the Taxi Driver's Licence held by Mr A Q be suspended with immediate effect and that a suspension 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.

Stewart HUNTER, Convener.

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

APPENDIX III

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) TAXI OPERATOR'S LICENCE AND TAXI DRIVER'S LICENCE - REQUEST FOR HEARINGS

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr F C during the currency of his Taxi Drivers Licence and Taxi Operator's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr F C to be the holder of a Taxi Driver's Licence and Taxi Operators Licence.

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

(b) TAXI DRIVERS LICENCE - REQUEST FOR HEARINGS

There was submitted a letter of information from the Head of Community Safety and Protection relative to the alleged conduct of Mr A A during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr A A to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 8th July, 2016.

APPENDIX IV

Present:-

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Laurie BIDWELL

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

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 item of business on the grounds that it 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) TAXI DRIVER'S LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr N A during the currency of his Taxi Driver's 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 Taxi Driver's Licence held by Mr N A be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr N A to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 18th July, 2016.

APPENDIX V

Present:-

Depute Lord Provost Christina ROBERTS

Councillor David BOWES

Councillor Tom FERGUSON

Councillor David BOWES, Depute Convener, in the Chair.

Unless marked thus * all items stand delegated.

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

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 item of business on the grounds that it 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) TAXI DRIVER'S LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr L R during the currency of his Taxi Driver's 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 Taxi Driver's Licence held by Mr L R be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr L R to be the holder of a Taxi Driver's Licence.

David BOWES, Depute Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 12th August, 2016.

APPENDIX VI

Present:-

Depute Lord Provost Christina ROBERTS

Councillor Stewart HUNTER

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) TAXI DRIVERS LICENCE - REQUEST FOR HEARINGS

 

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A B 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, and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub‑Committee agreed that no further action be taken.

 

(ii) There were submitted letters of information from the Chief Constable and a Civic Licensing Standards Officer relative to the alleged conduct of Mr K E 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, a Civic Licensing Standards Officer and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held at the meeting of the Licensing Sub-Committee to be held on 6th October, 2016 in relation to the fitness of Mr K E to be the holder of a Taxi Driver's Licence.

 

The Sub-Committee also agreed that CCTV footage in relation to the incident be available at this meeting.

 

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S U 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 Taxi Driver's Licence held by Mr S U be suspended with immediate effect and that a hearing be held at the meeting of the Licensing Committee to be held on 1st September, 2016 in relation to the fitness of Mr S U to be the holder of a Taxi Driver's Licence.

 

(b) TAXI OPERATOR'S LICENCE AND TAXI DRIVER'S LICENCE - REQUEST FOR HEARING

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C F during the currency of his Taxi Drivers Licence and Taxi Operator's 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 at the meeting of the Licensing Sub-Committee to be held on 6th October, 2016 in relation to the fitness of Mr C F to be the holder of a Taxi Driver's Licence and Taxi Operators Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 22nd August, 2016.

 

APPENDIX VII

 

Present:-

 

Councillor Stewart HUNTER

Councillor Jimmy BLACK

Councillor Tom FERGUSON

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

Unless marked thus * all items stand delegated.

 

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

 

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 item of business on the grounds that it 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) TAXI DRIVER'S LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

 

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 Driver 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 Taxi Drivers Licence held by Mr S D be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr S D to be the holder of a Taxi Drivers Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 21st January, 2016.

 

APPENDIX VIII

 

Present:-

 

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

 

Stuart GALLOWAY, Principal General Services Officer, Corporate Services Department (Chair)

Brian WOODCOCK, Senior Solicitor, Licensing, Corporate Services Department

Fraser CRICHTON, City Development Department

Debbie CURRAN, City Development Department

Craig SOMERS, Environmental Department

John BERRY, City Development Department

 

TAXI TRADE REPRESENTATIVES

 

Steve CASHLEY, Dundee 505050 Ltd

Erik THORESEN, Dundee Hackney Association

David YOUNG, Dundee Private Hire (203020) Ltd

George HARRIS, Tay Taxis 450450

Graeme STEPHEN, Dundee Taxi Association

Willie LEES, GMB Union

Chris ELDER, Unite the Union

 

POLICE SCOTLAND (TAYSIDE DIVISION) REPRESENTATIVES

 

Cammy FORBES (Constable)

 

ALSO IN ATTENDANCE

 

Councillor David BOWES

Councillor Tom FERGUSON

Margaret WINTON, NHS Tayside

 

Stuart GALLOWAY, in the Chair.

 

Apologies for absence were submitted on behalf of George Scullion, Dundee Taxis Ltd.

 

l MINUTE OF PREVIOUS MEETING

 

The minute of meeting of the Taxi Liaison Group held on 2nd October, 2015 was submitted and noted for information and record purposes.

 

II DUNDEE CITY COUNCIL

 

Items on agenda at request of Dundee City Council:-

 

(a) G CASINO/TAXI MARSHALS

 

Stuart Galloway reported on the operation of Taxi Marshals at the G Casino.

 

The Group agreed:-

 

(i) to note the area at the G Casino which was enforceable by the Taxi Marshals;

 

(ii) to note that to date around 100 taxi operators had been written to in relation to violations at the G Casino witnessed by the Taxi Marshals through not observing clearway signage in the interests of travelling public and pedestrians within that area and other violations and that to date 80 taxi operators had replied and that although there were taxi operators who had not replied it may be construed that they were being obstructive to enquires and as such would potentially be reported to, and subject to hearings, at the Licensing Committee as to their fitness to be the holders of a Taxi Operators Licence;

 

(iii) to note that taxi operators were given seven days to advise Stuart Galloway who their driver was on those occasions where a violation had been witnessed;

 

(iii) to note that should any taxi drivers or private hire drivers have any complaints in relation to Taxi Marshals they should e-mail or write to Stuart Galloway, Principal General Services Officer, Dundee City Council;

 

(iv) to note that the operation of Taxi Marshals at the G Casino was a pilot scheme and scheduled to end at the end of May, 2017;

 

(v) to note that Taxi Marshals were employed by SGL Security who also operated the security at the G Casino;

 

(vi) to note that Stuart Galloway held regular meetings with SGL Security to discuss progress of the pilot scheme;

 

(vii) to note that it was only the clearway area at the G Casino which was being enforced by the Taxi Marshals separate to any other enforcement which may be undertaken by Police Scotland; and

 

(viii) that a further report on the operation of the Taxi Marshals Pilot Scheme would be made to the next meeting of the Taxi Liaison Group.

 

(b) DEMAND SURVEY - VERBAL UPDATE

 

Stuart Galloway reported on the Demand Survey.

 

The Group agreed:-

 

(i)                            to note that the Demand Survey was in its final stages and that the company contracted to undertake the survey had written out to the trade seeking passenger details as part of the survey;

 

(ii)                           to note that the company employed to undertake the survey were expected to submit a report to Dundee City Council by the end of January, 2016 on their findings; and

 

(iii)                          to note that a final report on the Demand Survey was intended to be submitted to the meeting of the Licensing Committee to be held on 3rd March, 2016.

 

(c) TAXI DRIVER TRAINING - VERBAL UPDATE

 

Stuart Galloway gave an update on Taxi Driver training.

 

The Group agreed:-

 

(i) to note that taxi driver training was ongoing and that any driver who had not undertaken and completed their approved taxi driver training course by 31st May, 2017, at which time applications for renewal of licence were due, would find their application not being accepted;

 

 

(ii) to note that the Licensing Committee took taxi driver training very seriously in the interest of providing a better service for the travelling public and for promoting the taxi trade within Dundee in a positive light in relation to the new developments such as the Waterfront and attractions such as the V&A; and

 

(iii) to note that the requirement for applicants for renewal of taxi driver licences to submit original certification in relation to their completion of an approved taxi driver training course as part of their application for renewal may mean that the online renewal system may not be in operation over that period of time; and that discussions were ongoing with the Scottish Qualifications Authority (SQA) as to other means of verification of completion of an approved taxi driver training course with a view to maintaining the online application facility.

 

(d) ELECTRIC VEHICLES - VERBAL UPDATE

 

Fraser Crichton reported on the progress of electric vehicles operation in Dundee.

 

The Group agreed:-

 

(i)                            to note that Fraser Crichton was unable to give confirmation on the outcome of the bid submitted by Dundee City Council at this time and that an announcement was expected to be made within the next week;

 

(ii)                           to note that the final taxi bid was to be submitted on 27th February, 2016;

 

(iii) to note that the taxi bid survey was accessible at the Marchbanks depot by drivers attending that facility;

 

(i)                            to note that the body of both bids focussed on infrastructure for electric charging facilities;

 

(ii)                           to note that there was no change in the amount of money which was expected to be available by the government for successful bidders; and

 

(iii)                          to note the experiences of 203020 Electric in the provision and putting on service of electric vehicles which had evidence of minimum servicing and cost effectiveness providing a viable option for trade members and that as such the company were examining the feasibility of putting a wheelchair accessible electric vehicle on service and that currently the difference of cost between a fully fitted electric vehicle and a Peugeot Premier for example was at this moment in time 10,000 which may initially put off any potential taxi operator however this was balanced out by their cost effectiveness and low maintenance and minimum servicing and potential grant funding being available.

 

(e) NETHERGATE RANK - COMPLAINT PROCEDURE (INDISCRIMINATE PARKING)

 

Stuart Galloway reported on Nethergate Rank and complaint procedure.

 

The Group agreed:-

 

(i) to note that the complaint procedure in relation to indiscriminate parking by taxi drivers within the vicinity of the Nethergate Rank and in particular the bus bay outside the Bingo Hall would comprise a six month cycle within which any warning would stay on the offenders record for a period of six months and should a second complaint be received during that period of time, that matter would be referred to the Licensing Committee, to determine the fitness of the driver to be the holder of a Taxi Drivers Licence; and

 

 

(ii) to note that, should a second violation not be observed within the six month period then the cycle would commence again and the taxi driver would commence that cycle with a clean record.

 

(f) GUIDE DOGS - PROPOSED TACTILE MEDICAL CERTIFICATE

 

Stuart Galloway reported on the transportation of guide dogs within vehicles operated as taxis or private hire vehicles and the proposed tactile medical certificate which was tabled for the consideration of the Group.

 

The Group agreed:-

 

(i) to support the style and content of the medical certificate which was tabled and would be visible and displayed by any particular taxi driver or private hire driver who had a medical allergy which affected contact with, or transportation of, a dog within their vehicle;

 

(ii) to note the background to this particular issue coming to the Group and the written complaint which had been received from a blind passenger who had been refused transport within a vehicle by a licensed operator with a guide dog on the basis of that operator advising them they had a medical condition and a medical certificate which prohibited them from taking their fare which, in the end, it transpired that person did not have; and

 

(iii) to note anecdotal evidence provided by a member of the Group who had happened to have a blind passenger in their vehicle who had offered them payment at the end of their journey to allow for their car to be hoovered to take account of any hair which may have been shed by their guide dog and that this was a charge which appeared to have been demanded on previous occasions by other taxi drivers amounting to 1 on each occasion and to note that this was not a legal charge and was against fare scales and should any passenger with a guide dog find themselves in a position whereby the driver charged an additional fare in this manner they should report it to the Licensing Office for investigation.

 

(g) DISPLAY OF NOTICE RE HOW TO COMPLAIN

 

Stuart Galloway reported on the potential display of a notice advising travelling public how they may complain to the City Council in relation to service provided to them by the licensed driver.

 

The Group agreed:-

 

(i) to note the content of the complaint pro forma as tabled;

 

(ii) to note that this guidance may be incorporated within the fare scales notification or notification of who was driving the taxi/private hire car;

 

(iii) to note that the cost of the production of these pro forma notices was 100 for 1,000 printed;

 

(iv) to note that consideration was being given to the programming for the installation of this information within vehicles operated as taxis or private hire vehicles; and

 

(v) to note that John Berry of the City Development Department would take steps to ensure that information provided on the notice board at the rank at City Churches matched up with the content of the complaint pro forma tabled for introduction.

(h) TAY STREET RANK

 

Stuart Galloway reported on the above.

 

The Group noted that the City Development Department would be remitted to look at the feasibility of the operation of the current position of the rank at the bottom of Tay Street which it had been observed by businesses within the vicinity was infrequently used or not used and whether or not as a result this area may be returned to metered parking for the public since parking in the South Tay Street area was considered by businesses to be at a premium during the day and in the interests of the general public and the patrons of local businesses and report back to the Group on their findings.

 

(i) NHS TAYSIDE - SMOKING POLICY - SMOKE FREE GROUNDS

 

Margaret Winton, NHS Tayside, gave a verbal report on Smoking Policy operated within the grounds of NHS Tayside Hospitals, with particular reference to Ninewells Hospital. It was reported that with the nature of the operation of hospitals towards encouraging positive health care of patients who were admitted or being discharged that it was important to maintain their health and wellbeing as much as possible and to protect the propriety of the health care establishment. As such, the signage was on full display, indicating that the hospitals operated smoke free grounds policy in this respect. A new Health Bill would come into place during 2016 which would further underline this policy which would then mean that the smoke free grounds policy would be enforceable by law and that anyone observed not adhering to this policy may be subject to a fixed penalty notice. It was highlighted that hospital locations were facilitated by taxi ranks to allow for passengers to and from the hospital and assistance of drivers in observing the non-smoking policy over the duration of their period of work at the hospital would be welcomed in the interests of health and safety not only of the drivers but of the general public and, in particular, those people who may have health conditions which required medical support necessitating the need for their attendance at hospital. It was highlighted that NHS Tayside would be willing to speak with taxi drivers towards encouraging them to be smoke free whether that be through working towards stopping smoking or perhaps using the alternatives to cigarettes such as nicotine chewing gum when they happened to be at locations such as hospital ranks. It was further highlighted that 40% of people in deprived areas in Dundee were known to be smokers compared to 8% in more affluent areas in Dundee.

 

The Group agreed:-

 

(i) to note the content of the verbal presentation by Margaret Winton of NHS Tayside;

 

(ii) to note that emissions from vehicles at NHS establishments would fall within the general remit of Estates Manager for NHS Tayside and that should any member wish to discuss that further then they should make contact direct with NHS Tayside.

 

III POLICE SCOTLAND (TAYSIDE DIVISION)

 

Item on agenda at request of Police Scotland (Tayside Division):-

 

(a) IN RESPONSE TO A COMPLAINT ABOUT TAXI DRIVERS STANDING ON THE ROAD CHATTING IN PARTICULAR AT THE NETHERGATE AND RAILWAY STATION RANKS. IT IS JUST TO HIGHLIGHT TO THE TRADE REPS TO REMIND THEM AND ENCOURAGE DRIVERS TO STAND ON THE PAVEMENT IF THEY WANT TO SOCIALISE

 

Constable Cammy Forbes reported on the above.

 

The Group agreed to note the encouragement being provided by Police Scotland (Tayside Division) to remind their members and fellow drivers that in the interests of safety for both themselves and for other travelling public and for ease of safe vehicular access and movement in particular at the Nethergate and Railway Station ranks that they should refrain from standing in the road and use the pavement instead.

IV DUNDEE 505050 LIMITED

 

Item on agenda at request of Dundee 505050 Limited:-.

 

(a) UBER - CONCERN ABOUT THE EFFECT THAT UBER WOULD HAVE ON THE TAXI TRADE IN DUNDEE AND THE EFFECT ON CITIZENS WITH A VIEW TO ENSURING THERE WERE NO UNLICENSED PREMISES, DRIVERS OR VEHICLES BEING OPERATED

 

Steve Cashley reported on the above.

 

The Group agreed:-

 

(i) to note the view of Steve Cashley that a further survey be undertaken within Dundee with a view to capping the number of private hire vehicles within the city;

 

(ii) to note the legislative background to the operation of private hire vehicles in terms of licensing and that legislation had still to be put in place which would allow licensing authorities to establish a maximum number of private hire vehicles which may be operated within their city; and

 

(iii) to note the view of Dave Young of 203020 that effective and efficient service provided by taxi drivers within Dundee could limit possibility of any potential competitor finding a foothold within the city and reducing the business of any taxi operator as a result and that it was for licence holders within Dundee to raise their standards as a preventative measure to deter other service providers such as UBER.

 

V DUNDEE TAXI ASSOCIATION

 

Items on agenda at request of Dundee Taxi Association:-

 

(a) CAN WE HAVE AN UPDATE ON TAXI RANK AT RAILWAY STATION. IF BEING MOVED WHEN?

 

Graeme Stephen reported on the above.

 

The Group agreed to note that John Berry of the City Development Department had spoken with Gerry Conway, City Development Department on this matter and the rank would be moved early March and that the position of the first taxi on rank would now be at the entrance to the Railway Station rather than the end of the rank being at the entrance of the Railway Station.

 

(b) IS IT POSSIBLE TO HAVE A SMALL BOX JUNCTION AT HILLTOWN RANK OR KEEP CLEAR?

 

Graeme Stephen reported on the above.

 

The Group agreed to note that John Berry, City Development Department would examine this matter in consultation with the Road Traffic Team of the City Development Department following the representation of Graeme Stephen advising that it had proven difficult for taxi drivers to exit from this rank and enter the flow of traffic.

 

(c) NOW IT'S BEEN AGREED BUS STOP ON CAIRD AVENUE IS NO LONGER REQUIRED COULD WE HAVE THE RANK PAINTED FURTHER BACK?

 

Graeme Stephen reported on the above.

 

The Group agreed to note that John Berry of the City Development Department was progressing this matter.

(d) AS AGREED A FEW MEETINGS AGO THAT METER TESTING IS NOT DONE ON SECOND AND THIRD TESTS CAN WE PLEASE SEE A SMALL REDUCTION IN TEST FEE?

 

Graeme Stephen reported on the above.

 

The Group agreed to note that as advised by Fraser Crichton there would be no rebate provided and that a report on the actual costings in relation to testing of licenced vehicles would be provided at the next meeting of the Taxi Liaison Group by Fraser Crichton.

 

(e) ANY UPDATE ON CCTV?

 

Graeme Stephen reported on the above.

 

The Group agreed:-

 

(i) to note that as advised by Stuart Galloway, there was no further update to be made and the Corporate Procurement Section response was awaited; and

 

(ii) to note that following investigation it was considered that the use of the CCTV system as previously reported within the Fife area did not appear to meet the specifications of any potential CCTV system required for operation within Dundee.

 

(f) CAN WE HAVE A LOOK AT TIME DRIVERS ARE WAITING AT TESTING STATION. SOME DRIVERS SAYING WAITING 1? TO 2? EVEN 3 HOURS?

 

Graeme Stephen reported on the above.

 

The Group agreed:-

 

(i) to note that there was no record of complaints received at the service station on time delays;

 

(ii) that should anyone have any complaint on time delays they should submit them to Fraser Crichton; and

 

(iii) that if any time delay had been observed this was more likely due to operators attending for service later than their appointment which had a knock on effect on the timeous testing of vehicles thereafter.

 

(g) CAN WE PLEASE HAVE AN INDICATION ON WHAT THE COUNCIL'S POLICY IS TO BE ON COMPANY LICENCES AND AN IDEA OF TIMESCALE FOR INTRODUCING IT?

 

Stuart Galloway reported on the policy and company licences.

 

The Group agreed:-

 

(i) to note that the introduction of a policy on company licences may be recommended to a future meeting of the Licensing Committee for consideration on condition that this involved putting in service an electric vehicle in accordance with any specifications and requirements of the Committee in this regard, accompanied by the surrender of any existing licence;

 

(ii) to note that a report on the introduction of company licences in this respect would hopefully be submitted to the meeting of the Licensing Committee on 3rd March, 2016;

 

(iii) to note what was meant in law by the term day to day manager and how this affected company licences; and

(iv) to note that on those instances where a day to day manager had been appointed other than the licence holder this was submitted to a meeting of the Licensing Committee for determination and in general it normally involved deteriorating health issues of the licence holder and that this required a variation to the licence application to allow for the putting in place of a day to day manager.

 

VI GMB

 

Items on the agenda at the request of GMB:-

 

(a) WHITE PLATES

 

(i) White plates should be capped as soon as possible.

 

The Group agreed to note that this item had been covered under Item IV(a) of this minute.

 

(ii) The working practice of some private hire are against the terms and conditions of their licence, and a lot of the time are breaking the law.

 

Willie Lees reported on the above.

 

The Group agreed:-

 

(i) to note that there was no requirement for private hire vehicles (white plates) to return to base after completion of each and every journey allocated to them; and

 

(ii) to note that if anyone observed a private hire vehicle breaching the terms of its licence, this should be reported straightaway to Police Scotland or the Licensing Office.

 

(b) MARSHALS

 

(i) What is their job description, ie helping fares, taxis or both?

 

(ii) They should be trained in SVQ so they know the terms and conditions of taxi laws.

 

Willie Lees reported on (i) and (ii) above.

 

The Group agreed to note that these matters had been covered at Article II(a) of the minute of this meeting.

 

(c) SVQ NO AMNESTY - MUST BE DONE BY BADGE RENEWAL

 

Willie Lees reported on the above.

 

The Group agreed to note that this matter had been covered at Article II(c) of the minute of this meeting.

 

(d) UNFAIRNESS OF COST AND RUNNING COST OF WAV TAXI AGAINST SALOON MINI CAB

 

Willie Lees reported on the above.

 

The Group agreed:-

 

(i) to note that there was a list of vehicles which had been approved by the Licensing Committee for use as wheelchair accessible vehicles and that no list existed for saloon vehicles which may be put in service other than being subject to being tested at the vehicle testing section as to their suitability for placing in service and whether or not they met the specifications for operation as a taxi; and

 

(ii) to note that the Licensing Committee had previously determined the 60/40 makeup of the vehicle fleet within Dundee to be operated as taxis following consideration of a report to the Committee on the outcome of a survey and that this issue would not be re-opened.

 

VII UNITE THE UNION

 

Items on agenda at request of Unite the Union:-

 

(a) DRIVERS COMPLAINTS FROM MEMBERS OF THE PUBLIC

 

Unite Union taxi branch have discussed issues regarding the public making complaints against a taxi driver we feel that the complaints procedure is inadequate as it currently stands the complaint should go to the cabs office to be investigated properly then if there is enough evidence that a misdemeanour has occurred then the Council should be notified and it should be up to the cab officers to decide if the complaint is valid. This would cut down on drivers and reps and councillors wasting their time and also costs, ie if someone has a personal grudge against a driver all they have to do is make a false accusation to the Council and that driver could lose his livelihood.

 

Chris Elder reported on the above.

 

The Group agreed:-

 

(i) to note that complaints were to be submitted through Police Scotland (Tayside Division) (Cabs Enforcement Unit); and

 

(ii) to note the observations of the Police that following investigation there were many complaints that were not submitted to the Licensing Committee.

 

(b) PRIVATE HIRE STICKER

 

We have private hire sticker on both front doors private hire pre booked only could you add not insured for public hire this would help the public identify the difference between hackney and private hire.

 

Chris Elder reported on the above.

 

The Group agreed to note that Stuart Galloway would look at the design of stickers following complaint that it was claimed that there were a number of private hire vehicle operators who did not have their stickers on display advising that their vehicle may be pre-booked only and not hailed in the street in the same manner that a taxi may be.

 

(c) TRADES LANE TAXI RANK PROPOSE TO EXTEND AS FAR BACK AS WHERE IT MEETS THE ONE WAY AS THEIR IS ONLY DOUBLE YELLOW LINES BEHIND THE EXISTING BUS STATION RANK

 

Chris Elder reported on the above.

 

The Group noted that the City Development Department would be remitted to look at the feasibility of this proposal and report back to the Group on their findings.

 

(d) WHEN IS THE COUNCIL INTENDING TO MAINTAIN THE IMPLEMENTATION OF THE 60/40 SPLIT AS QUITE A LOT OF SALOON LICENCES HAVE BEEN RETURNED?

 

The Group agreed to note that this matter had been covered at Article VI(d) of the minute of this meeting.

 

(e) WHEN WILL THE CUT OFF BE FOR NEW DRIVERS RECEIVING A LICENCE WITHOUT THEIR SVQ OR EQUIVALENT CERTIFICATE?

 

Chris Elder reported on the above.

 

The Group agreed to note this matter had been covered at Article II(c) of the minute of this meeting and that further to that Stuart Galloway would check whether or not the Council had Scottish Qualification Authority approved centres which may be used by the trade for taxi driver training courses.

 

(f) NO MORE PRIVATE HIRE LICENCES TO BE ISSUED AND ANY APPLIED FOR SHOULD BE DEFERRED UNTIL THEY CAN PROVE MORE IS REQUIRED

 

Chris Elder reported on the above.

 

The Group agreed to note that this matter had been covered at Article IV(a) of the minute of this meeting.

 

(g) ANY DRIVER PULLED UP FOR A MISDEMEANOUR AFTER BEING HEARD SHOULD BE A TIME LIMIT, IE SIX MONTHS

 

The Group agreed to note that this matter had been covered at Article II(e) of the minute of this meeting.

 

VIII DATE OF NEXT MEETING

 

The Group noted that the next meeting of the Group would be established in due course.

 

 

 

 

Stuart GALLOWAY, Chair.