Licensing Committee - 06/10/2016

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th October, 2016.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 30th September, 2016 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 24th August, 2016, 29th August, 2016, 1st September, 2016 and 16th September, 2016 were submitted for noting, copies of which are attached to this minute as Appendices I, II, III and IV.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted applications had been granted under delegated powers.

INDOOR SPORTS - NEW APPLICATION

METAL DEALERS - NEW APPLICATIONS

PRIVATE HIRE DRIVER - NEW APPLICATIONS

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATION

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

(b) PRIVATE HIRE DRIVER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having noted that the applicant had failed to produce their medical certificate and Unique Tax Reference Number, the Committee agreed that the application be considered incompetent.

(c) TAXI DRIVER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant had failed to produce their Unique Tax Reference Number. Thereafter, having heard 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 November, 2016 to allow for the applicant to submit their Unique Tax Reference Number.

(d) TAXI OPERATOR - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, reference was made to Article IV(f) of the minute of meeting of this Committee held on 1st September, 2016, wherein the Committee agreed to defer consideration of the application to this meeting to allow the applicant to attend. There was submitted copy letter received from the applicant requesting a variation to remove Condition 26 from his Taxi Operating Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the request for variation be refused.

(e) APPROVED LIST OF WHEELCHAIR ACCESSIBLE TAXIS

It was reported that the Volkswagen Caddy Maxi presented by Taxi and Bus Conversions had been assessed by the Fleet Section of City Development 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 to the addition as outlined.

(f) PRIVATE HIRE CAR LICENCES - EXTENSIONS OF TIME FOR PLACING VEHICLES ON SERVICE

There was submitted Agenda Note AN80-2016 reporting that it was a condition of licence that the operator must put a vehicle on service within 28 days of the licence coming into effect. A number of operators had applied for extension of this period for various reasons. In order to be able to deal with such requests, it was recommended that the following procedure be adopted (i) the first such request received be dealt with by the Head of Democratic and Legal Services, in consultation with the Convener, under delegated powers and (ii) any subsequent requests be referred to the Licensing Committee for consideration.

The Committee agreed to the terms of the note.

(g) NEW STANDARD CONDITIONS TO BE APPROVED

There were submitted the undernoted new standard conditions received from Environmental Protection.

(i) Animal Boarding Establishment (Dogs)

(ii) Commercial Day Boarding of Dogs

(iii) Pet Animals Licence

The Committee gave consideration to the conditions as submitted. Thereafter, having heard the representative of Environmental Protection, the Committee agreed that the conditions be approved.

IV HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 4, 6 and 7 to 11, having heard the Private Sector Services Manager, the Committee agreed that the applications be granted.

In the case of Application No 5, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager relative to this application. Thereafter, having heard from a representative of the Private Sector Services Manager, an agent on behalf of the applicants and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application Nos 12 to 15, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATIONS

There were submitted the undernoted applications for variation.

In the case of Application Nos 1 to 6, having heard the Private Sector Services Manager and the applicants on their own behalf, the Committee agreed that the applications be granted.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

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

(i) Reference was made to Article lll(c) of the minute of meeting of this Committee held on 1st September, 2016, wherein it was agreed to defer consideration of the registration of Company C as a landlord to this meeting of the Committee.

There was submitted a letter of information from the Private Sector Services Manager relevant to the fitness of Company C to be registered as a landlord.

The Committee noted that the landlord was not present. Thereafter, having heard the Legal Officer, the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held on 3rd November, 2016 to allow the landlord to be present.

(ii) There was submitted a letter of information from the Private Sector Services Manager relevant to the registration of Mr G MacF 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 Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that Mr G MacF be considered not fit and proper to be registered as a landlord.

The Committee further agreed to defer a decision as to whether to remove Mr G MacF from the Register until the meeting on 3rd November, 2016 for management arrangements to be established.

(iii) There was submitted a letter of information from the Private Sector Services Manager relevant to the registration of Mrs A MacF 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 Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the matter to the meeting of this Committee to be held on 3rd November, 2016, to allow the licence holder to be present and for management arrangements to be established.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SECOND HAND DEALER - NEW APPLICATION

There was submitted an application by Mr C S for a Second Hand Dealers 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, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that should any application for renewal of licence be submitted that this be submitted to a meeting of the Licensing Committee for determination.

(b) TAXI OPERATOR - REQUEST FOR EXTENSION TO WIND-UP ESTATE

Reference was made to Article ll(b) of the minute of meeting of this Committee held on 1st September, 2016, wherein the Committee agreed to the request from the Executor of the late Mr C C who had been a holder of a taxi licence for an extension of time to wind-up his estate until the meeting of this Committee.

There was submitted a request from the Executors of the late Mr C C, who had been the holder of a taxi licence requesting a further extension of time to wind-up the estate.

The Committee gave consideration to the request. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that a further extension be granted up until the end of March, 2017.

(c) TAXI DRIVER - NEW APPLICATIONS

(i) There was submitted an application by Mr B M for a Taxi Drivers Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.

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 the Legal Officer, the Committee agreed that consideration of the application be deferred until the meeting of this Committee to be held on 3rd November, 2016.

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

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.

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 and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred until the meeting of this Committee to be held on 3rd November, 2016.

(d) TAXI DRIVER - REQUEST FOR VARIATION

There was submitted a request for variation by Mr I L in relation to his Taxi Operator's Licence. The Committee gave consideration to the grounds of the application, together with supporting information submitted by the applicant. Thereafter, having heard a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 3rd November, 2016 to allow for up-to-date information to be submitted on the medical condition of the applicant.

(e) TAXI DRIVER - REQUESTS FOR RECALL OF SUSPENSION

(i) Reference was made to Article VII(d) of the minute of meeting of the Licensing Committee held on 28th April, 2016, wherein the Taxi Driver's Licence held by Mr D N was suspended for the unexpired portion of the licence with immediate effect.

There was submitted a request from the agent on behalf of the licence holder for the recall of the suspension of the licence. The Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Committee agreed to defer the matter until the meeting of this Committee to be held on 3rd November, 2016 to allow the licence holder to be present.

(ii) Reference was made to Article Vll(d) of the minute of meeting of this Committee, held on 3rd September, 2015, wherein the Taxi Driver's Licence held by Mr S T was suspended with immediate effect for the unexpired portion of the licence.

There was submitted a request from Mr S T for the recall of the suspension of the licence. The Committee gave consideration to the content of the letter. Thereafter, having heard from Mr S T and consideration of the advice of the Legal Officer, the Committee agreed to defer the hearing until the meeting of this Committee to be held in December, 2016 to allow for a medical report to be obtained by the Licensing Office.

(f) TAXI DRIVER - SUSPENSION HEARING

(i) Reference was made to Article ll(a) of the minute of meeting of this Committee held on 12th August, 2016, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr N A with immediate effect and to hold a fresh hearing at this meeting of the Committee.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr N A 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 Clerk, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by Mr N A with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 6th December, 2016.

(ii) Reference was made to Article ll(a) of the minute of meeting of the Licensing Sub‑Committee held on 16th September, 2016, wherein the Sub-Committee agreed to suspend the Taxi Driver's Licence held by Ms P D with immediate effect and to hold a hearing.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Ms P D during the currency of her Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, and a letter of support which had been tabled by the agent, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in December, 2016 to await the outcome of court proceedings and to recall the suspension of the Taxi Driver's Licence held by Ms P D with immediate effect.

(iii) Reference was made to Article ll(a) of the minute of meeting of this Committee held on 12th August, 2016, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr L R with immediate effect and to hold a fresh hearing at this meeting of the Committee.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr L R 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 Clerk, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by Mr L R with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 6th December, 2016 to await the outcome of court proceedings.

(iv) Reference was made to ll(a) of the minute of meeting of the Licensing Sub-Committee held on 29th August, 2016, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr J S with immediate effect and to hold a hearing in relation to the fitness of Mr J S to be the holder of a Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J S during the currency of his Taxi Drivers 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 in relation to the alleged conduct of Mr J S during the currency of his Taxi Drivers Licence until the meeting of this Committee to be held in January, 2017 and to continue the suspension of the Taxi Drivers Licence held by Mr J S during the intervening period with immediate effect.

(g) TAXI DRIVER - UPDATES

(i) Reference was made to Article Vl(a) of the minute of meeting of this Committee held on 2nd June, 2016, wherein the Committee agreed to grant the application by Mr J B for a period of three months.

There was submitted the original letter of objection from the Chief Constable relative to this application. Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the application for a further period up until the meeting of this Committee to be held in December, 2016 to allow for the licence holder to complete an approved Taxi Driver Training Course.

(ii) Reference was made to Article Vl(d) of the minute of meeting of this Committee held on 2nd June, 2016, wherein the Committee agreed to grant the application by Mr P H for a period of three months, subject to receipt of their Unique Tax Reference Number and medical certification.

There was submitted the original letter of information from the Chief Constable relative to this application. Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the application up until the meeting of this Committee to be held in December, 2016 to allow for the licence holder to complete an approved Taxi Driver Training Course.

(iii) Reference was made to Article Vll(b) of the minute of meeting of this Committee held on 28th April, 2016, wherein the Committee agreed to defer consideration of the update in relation to Mr J McA to allow for the licence holder to complete an approved Taxi Driver Training Course.

There was submitted the original letter of information from the Environmental Compliance Manager relative to Mr J McA. Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, and receiving confirmation that the licence holder had completed an approved Taxi Driver Training Course, the Committee agreed that no further action be taken.

(h) TAXI OPERATOR - REQUEST FOR VARIATION

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. Thereafter, having heard an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held in January, 2017 to obtain a medical report relevant to the application.

(i) TAXI OPERATOR - SUSPENSION HEARING

Reference was made to Article IV(f) of the minute of meeting of this Committee held on 1st September, 2016, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr J P during the currency of his Taxi Operators Licences.

There was submitted information from the Licensing Office relevant to the alleged conduct of Mr J P during the currency of his Taxi Operators Licences. 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 information. Thereafter, having heard a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to suspend the Taxi Operator's Licences held by Mr J P for the unexpired portion of the licences.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 24th August, 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 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 DRIVERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S M 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 Drivers Licence held by Mr S M be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr S M to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 29th August, 2016.

APPENDIX II

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 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 J S 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 J S be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr J 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 1st September, 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

There were no declarations of interest.

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 R A during the currency of his Taxi Drivers Licence.

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

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

(iv) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J M during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard 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 J M 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 16th September, 2016.

APPENDIX IV

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 Ms P D during the currency of her 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 Ms P D be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Ms P D to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.