Licensing Sub-committee - 02/06/2016

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

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.

(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 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.

Was This Useful?

Licensing Sub-committee - 02/06/2016

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

I DECLARATION OF INTEREST

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Dundee City Council