Licensing Committee - 03/11/2016

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

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 6th October, 2016 was held as read.

Unless marked thus * all items stand delegated.

Prior to commencement of the business, the Convener took the opportunity to remind those present that should they witness or be aware of any unlicensed activity that they should report this to Police Scotland for investigation in the interests of public safety. The Convener also spoke about the requirement for holders of Taxi Driver Licences to undertake and complete an approved Taxi Driver Training Course by 31st May, 2017 should they wish to apply for renewal of their licence. The necessity for completing an approved Taxi Driver Training Course had been made known to licence holders by the Licensing Section over three years ago and on various occasions over the last year or so and the course was in place to encourage public confidence in the provision of service by the Trade and to advance the image and profile of the level of service within the city to visitors and tourists alike and to further pride within licence holders as to the level of service they provided.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 30th September, 2016 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

III TAXI LIAISON GROUP - REQUEST FOR MEMBERSHIP

It was reported that a request had been received from the Dundee City Taxi Drivers Association for membership of the Taxi Liaison Group. The Committee gave consideration to the request. Thereafter, having heard from the Principal General Services Officer, the applicant on their behalf and having noted that membership lists and other documents had been submitted and were satisfactory, the Committee agreed to their membership.

IV THE BREEDING OF DOGS ACTS 1973 AND 1991, THE BREEDING AND SALE OF DOGS (WELFARE) ACT 1999

There was submitted a document on advice to applicants and the proposed conditions of licence for a Domestic Breeder of Dogs.

The Committee agreed to approve the document as submitted.

V 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.

LATE HOURS CATERING - NEW APPLICATION

MARKET OPERATOR - NEW APPLICATION

METAL DEALER - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALERS - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

THEATRE LICENCE - NEW APPLICATION

(b) LATE HOURS CATERING - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having received confirmation that the applicant had now submitted their Unique Tax Reference Number, the Committee agreed that the application be granted.

In the case of Application No 2, the Committee noted that an application had been made for hours of operation from 5.00 pm until 2.00 am on Fridays and Saturdays and 5.00 pm until 1.00 am on Sundays to Thursdays and that this was outwith the hours of operation for the current policy on late hours catering. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the hours of operation being compliant with the current policy on late hours catering.

(c) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, there was submitted a copy of the latest version of the event plan received from the applicant and a copy of the proposed licence conditions which were submitted by the reporting officers of Neighbourhood Services.

The Committee gave consideration to the content of the documents. Thereafter, having heard the Principal General Services Officer, an agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the proposed Condition 10 of licence being changed to reflect new ticketing arrangements.

(d) SECOND HAND DEALER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, having received confirmation that the applicant had now submitted their Unique Tax Reference Number to the satisfaction of the Licensing Section, the Committee agreed that the application be granted.

In the case of Application No 2, having received confirmation that City Development had withdrawn their objection in relation to planning issues as narrated within their letter of objection by a further period of approval having been given for this area, the Committee agreed that the application be granted.

(e) SKIN PIERCING AND TATTOOING - 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 matter be considered in their absence. Thereafter, having heard the Principal General Services Officer and noting that the applicant had failed to provide evidence that they were registered for tax purposes, the Committee agreed that the application be considered incompetent.

(f) TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article lll(c) of the minute of meeting of this Committee held on 6th October, 2016, wherein it was agreed to defer consideration of the application to this meeting of the Committee to allow the applicant to provide a valid Unique Tax Reference Number. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having received confirmation that the applicant had submitted their Unique Tax Reference Number to the satisfaction of the Licensing Section the Committee agreed that the application be granted.

In the case of Application Nos 2 and 3, the Committee noted that the applicants were not present and agreed that the applications be considered in their absence. Thereafter, having noted that the applicants had failed to pass the street test within the prescribed period, the Committee agreed that the applications be refused.

VI HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, having heard the Private Sector Services Manager, Neighbourhood Services and receiving confirmation that the Certificate of Compliance had now been submitted to the satisfaction of that service, the Committee agreed that the application be granted.

In the case of Application No 2, having heard the Private Sector Services Manager, Neighbourhood Services and the applicant on their own behalf, the Committee agreed that the application be granted.

In the case of Application Nos 3 and 4, having heard the Private Sector Services Manager, Neighbourhood Services, the Committee agreed that the applications be granted.

In the case of Application Nos 5 to 9, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There was submitted the undernoted application.

In the case of this application, having heard the Private Sector Services Manager, Neighbourhood Services, the applicant on their own behalf and noting there were no objections, the Committee agreed that the application for variation be granted.

(c) HOUSES IN MULTIPLE OCCUPATION - (VALIDATION) APPLICATION - UPDATE

There was submitted the undernoted application.

In the case of this application, reference was made to Article V(c) of the minute of meeting of this Committee held on 1st September, 2016, wherein the application for renewal of licence was granted. There was submitted a further letter of information from the Private Sector Services Manager, Neighbourhood Services, relevant to the operation of this licence. The Committee gave consideration to the content. Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer and receiving confirmation that the issues narrated in the letter had been resolved by the licence holder, the Committee agreed that no further action be taken.

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.

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

(i) Reference was made to Article V of the minute of meeting of this Committee held on 6th October, 2016, wherein it was agreed to adjourn the hearing in relation to the fitness of Company C to be registered as a landlord.

There was submitted a letter of information from the Private Sector Services Manager, Neighbourhood Services relevant to the registration of Company C as a landlord.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, Neighbourhood Services, the representatives of the company and consideration of the advice of the Legal Officer, the Committee agreed that Company C be considered not fit and proper and agreed to defer a decision as to whether the company should continue to be registered as a landlord to the December meeting of the Committee to enable alternative management arrangements to be explored.

(ii) Reference was made to Article V of minute of meeting of this Committee held on 6th October, 2016, wherein it was agreed to hold a hearing in relation to the fitness of Mrs A MacF to be registered as a landlord.

There were submitted letters of information from the Private Sector Services Manager, Neighbourhood Services relevant to the registration of Mrs A MacF as a landlord.

The Committee gave consideration to the content of the letters. Thereafter, having heard the Private Sector Services Manager, Neighbourhood Services, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to defer a decision as to whether Mrs A MacF should continue to be registered as a landlord to the December meeting of the Committee to enable alternative management arrangements to be explored.

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PRIVATE HIRE CAR LICENCES - REQUEST FOR EXTENSION TO TIME ALLOWED FOR PLACING A VEHICLE ON SERVICE

(i) There was submitted an application by Mr M I requesting an extension to the time allowed for placing a vehicle on service.

Thereafter, having heard the Legal Officer, and receiving confirmation that the licence holder had now placed a vehicle on service, the Committee agreed to take no further action.

(ii) There was submitted an application by Mr S K requesting an extension to the time allowed for placing a vehicle on service.

Thereafter, having heard the Principal General Services Officer and consideration of the advice of the Legal Officer, the Committee agreed to note that the licence ceased to have effect as the licence holder had failed to place a vehicle on service within required timescales.

(iii) There was submitted an application by Mr M K requesting an extension to the time allowed for placing a vehicle on service.

Thereafter, having heard the applicant on their own behalf, the Principal General Services Officer, and consideration of the advice of the Legal Officer, the Committee agreed to grant a further extension of one month to allow the applicant to put a vehicle on service.

(b) PRIVATE HIRE DRIVER - NEW APPLICATION

(i) There was submitted an application by Mr M D for a Private Hire Drivers Licence.

There was submitted a letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Part of the objection referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done. Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the applicant submitting their Unique Tax Reference Number and medical certification to the satisfaction of the Licensing Section and that the licence holder complete an approved Taxi Driver Training Course by 31st May, 2017 and that should any application for renewal of licence be received that this be submitted to a meeting of the Licensing Committee for consideration.

(c) TAXI DRIVER - NEW APPLICATIONS

(i) Reference was made to Article VI(c) of the minute of meeting of this Committee held on 6th October, 2016, wherein consideration of the application by Mr B M for a Taxi Drivers Licence was deferred to allow the applicant to be in attendance.

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

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

There was submitted the original letter of objection from the Chief Constable relevant to this application. Thereafter, having heard a Licensing Standards Officer and the Principal General Services Officer, the Committee agreed that consideration of the application be deferred until the meeting of this Committee to be held on 6th December, 2016 to allow the applicant to be present.

(ii) Reference was made to Article VI(c) of the minute of meeting of this Committee held on 6th October, 2016, wherein consideration of the application by Mr N W for a Taxi Drivers Licence was deferred to await the outcome of court proceedings.

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

There was submitted the original letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the applicant submitting their Unique Tax Reference Number to the satisfaction of the Licencing Section and that a verbal warning be given to the applicant in relation to observance of the conditions of licence including insurance matters and that they complete an approved Taxi Driver Training Course by 31st May, 2017 to the satisfaction of the Licensing Section.

(d) TAXI DRIVER - REQUEST FOR VARIATION

(i) Reference was made to Article VI(d) of the minute of meeting of this Committee held on 6th October, 2016, wherein the application by Mr I L for variation of their Taxi Operators Licence was deferred to allow the licence holder to submit medical reports in relation to their current medical fitness.

There was submitted a request from Mr I L for variation of his Taxi Operator's Licence to allow the placing on service of a saloon car. The Committee gave consideration to the content of the application, together with supporting information submitted from OHSAS and a report from PAM, Occupational Health in relation to the licence holders current medical condition which was tabled. Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the application be granted, subject to the conditions that the saloon car must be fitted with an automatic gear box and that the vehicle in operation of the licence only be driven by the licence holder.

(e) TAXI DRIVER - REQUEST FOR RECALL OF SUSPENSION

(i) Reference was made to Article VI(e) of the minute of meeting of this Committee held on 6th October, 2016, wherein the Committee agreed to adjourn consideration of the request by Mr D N to recall the suspension of his Taxi Driver's Licence to allow the licence holder to attend to explain the circumstances in relation to the matter.

There was submitted the letter of request. There was also tabled a copy of the original letter of information in relation to the conduct of Mr D N during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(f) TAXI DRIVER - SUSPENSION HEARINGS

(i) Reference was made to Article ll(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 6th October, 2016, wherein it was agreed that a hearing be held in relation to the alleged conduct of Mr G B during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from a Licensing Standards Officer relevant to the alleged conduct of Mr G B during the currency of his Taxi Driver's Licence.

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a Licensing Standards Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held on 6th December, 2016 to allow the licence holder to be present.

(ii) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 6th October, 2016, wherein it was agreed that the hearing be held in relation to the alleged conduct of Mr B D 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 B D during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard from the representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that a verbal written warning be issued to the licence holder as to their future conduct.

(iii) Reference was made to Article IV(e) of the minute of meeting of this Committee held on 30th September, 2016, wherein it was agreed to recall the suspension of the Taxi Drivers Licence held by Mr S M and to adjourn the hearing in relation to the alleged conduct of Mr S M during the currency of his Taxi Driver's Licence to the meeting of this Committee to be held on 12th January, 2017 and to recall the matter to this Committee for an update from Police Scotland.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr S M during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 12th January, 2017 to await the outcome of court proceedings.

(iv) Reference was made to Article II(a)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 6th October, 2016, wherein it was agreed that a hearing to be held in relation to the alleged conduct of Mr J 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 J S during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard from the representative of the Chief Constable, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that a verbal warning be issued to the licence holder as to their future conduct.

(v) Reference was made to Article II(b) of the minute of meeting of the Licensing Sub‑Committee held on 6th October, 2016, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr R S during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr R S during the currency of his Taxi Driver's Licence. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be further adjourned to the meeting of this Committee held on 6th December, 2016 to allow the licence holder to be present.

(vi) Reference was made to Article II(b) 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 N Y during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr N Y during the currency of his Taxi Driver's Licence. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be further adjourned to the meeting of this Committee held on 6th December, 2016 to allow the licence holder to be present.

(g) TAXI LICENCE - APPLICATIONS FOR RENEWAL

(i) There were submitted applications by Mr A C for renewal of four Taxi Operator Licences.

There was submitted a letter of information from a Licensing Standards Officer relative to these applications. The Committee gave consideration to the content of the letter. Thereafter, having heard from a Licensing Standards Officer, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that one application be granted and that the remaining three applications be deferred to the meeting of this Committee to be held on 12th January, 2017 to allow issues in relation to the competency of the applications to be established.

(ii) There were submitted applications by Mr J R for renewal of two Taxi Operator Licences.

There was submitted a letter of information from a Licensing Standards Officer relative to these applications. The Committee gave consideration to the content of the letter. Thereafter, having heard a Licensing Standards Officer, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that one application be granted and that the remaining application be deferred to the meeting of this Committee to be held on 12th January, 2017 to allow issues in relation to the competency of the application to be established.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 30th September, 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 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 OPERATOR'S LICENCE

Should you fail to attend the meeting the matter may be considered in your absence.

(b) 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 D H 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 in due course in relation to the fitness of Mr D H to be the holder of a Taxi Driver's Licence and Taxi Operators Licence.

Stewart HUNTER, Convener.