Licensing Sub-committee - 06/10/2016

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 6th October, 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) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article VII(d)(i) of the minute of meeting of the Licensing Sub‑Committee held on 1st September, 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 allow the licence holder to be present.

There was submitted the original letter of information from the Chief Constable relevant to the application by Mr J D for a Taxi Driver's Licence. The Licensing Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Principal General Services Officer and consideration of the advice of the Legal Officer, the Licensing Sub-Committee agreed to suspend the Taxi Driver's Licence held by Mr J D with immediate effect for the unexpired portion of the licence.

(ii) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 1st September, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R A during the currency of his Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R A 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 his own behalf and consideration of advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct.

(iii) Reference was made to Article II(b)(ii) of the minute of meeting of this Sub-Committee held on 31st March, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G C during the currency of his Taxi Driver's Licence to this meeting of the Sub-Committee 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 G C 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, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 12th January, 2017 to await the outcome of court proceedings.

(iv) Reference was made to Article VI(f)(i) of the minute of meeting of this Sub-Committee held on 2nd June, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R C during the currency of his Taxi Driver's Licence.

There was submitted the original letter of information from the Chief Constable relevant to the application by Mr R C for a Taxi Driver's Licence. Thereafter, having heard the Principal General Services Officer and consideration of the advice of the Legal Officer, the Sub-Committee agreed to suspend the Taxi Driver's Licence held by Mr R C with immediate effect for the unexpired portion of the licence.

(v) Reference was made to Article II(b)(i) of the minute of meeting of this Sub-Committee held on 2nd June, 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 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 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.

(vi) Reference was made to II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 12th August, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr K E during the currency of his Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relevant 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.

(vii) Reference was made to Article II(d)(i) of the minute of meeting of this Sub‑Committee held on 2nd June, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D G 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 D G 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 Principal General Services Officer and the representative of the Chief Constable, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 12th January, 2017.

(viii) Reference was made to Article II(a)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 1st September, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr S L during the currency of his Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relevant 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 a representative of the Chief Constable, the licence holder on his own behalf, the Principal General Services Officer and consideration of advice of the Legal Officer, the Sub-Committee agreed that no further action be taken.

(ix) Reference was made to Article II(a)(iv) of the minute of meeting of this Sub‑Committee held on 1st September, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J M 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 M 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.

(x) Reference was made to Article II(d)(ii) of the minute of meeting of this Sub-Committee held on 2nd June, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr W 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 W S 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, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 12th January, 2017 to await the outcome of court proceedings.

(xi) Reference was made to Article II(b)(viii) of the minute of meeting of this Sub‑Committee held on 2nd June, 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 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 Principal General Services Officer, and the representative of the Chief Constable, the Sub-Committee agreed to adjourn the hearing until the meeting of the Licensing Committee to be held on 3rd November, 2016 to await the outcome of court proceedings.

(b) TAXI DRIVERS LICENCE AND TAXI OPERATORS LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(c)(i) of the minute of meeting of this Sub-Committee held on 2nd June, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Ms K C during the currency of her Taxi Driver's Licence to this meeting of the Sub-Committee 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 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 Principal General Services Officer, the Sub-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.

(ii) Reference was made to Article II(b) of the minute of meeting of this Sub-Committee held on 12th August, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr C F 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 C F 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.

(iii) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub-Committee held on 1st September, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G L 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 G L 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.

(iv) Reference was made to Article II(c)(iii) of the minute of meeting of this Sub-Committee held on 2nd June, 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 the meeting of this Sub-Committee 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.

(v) Reference was made to Article II(b)(vii) of the minute of meeting of this Sub‑Committee held on 2nd June, 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 Drivers Licence to the meeting of this Sub-Committee 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 of the Chief Constable and a representative on behalf of the licence holder and consideration of advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct.

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G 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, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr G B 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 B D 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 B D 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 J 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 J S to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

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Licensing Sub-committee - 06/10/2016

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

I DECLARATION OF INTEREST

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Dundee City Council