Licensing Committee - 12/01/2017

At a MEETING of the LICENSING COMMITTEE held at Dundee on 12th January, 2017.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 1st December, 2016 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Asif declared a non-financial interest in the items of business at Articles V(a)(iii), V(c) and VI(a) by virtue of the person responsible for the properties being known to him in a personal capacity.

Councillor Bidwell declared a non-financial interest in the item of business at Article VII(d)(iii) by virtue of the licence holder being known to him in a personal capacity.

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 1st December, 2016 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

III MINUTE OF MEETING OF TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 9th August, 2016 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

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.

PRIVATE HIRE OPERATOR - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) PRIVATE HIRE DRIVER - NEW APPLICATION

There was submitted the undernoted application.

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 Office and having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

(c) SECOND HAND DEALER - NEW APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee noted that this application had been withdrawn from consideration by the applicant.

(d) STREET TRADER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that application had been made for the purposes of outside catering through the provision of private hire of the applicants customised and themed catering vehicle specialising in Indian cuisine. The Committee noted that application had also been made to vary Conditions 9 and 10 which required the vehicle to be used in the operation of the licence on the basis of outside catering orders to be moved every 15 minutes and not return within one hour.

Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the application, subject to the condition that the vehicle to be used in the operation of the licence be located at the premises, subject to planning approval being obtained and on the basis that operation of the licence be restricted to private hire and festivals only subject to any fixed site for operation of the licence being reported to a meeting of this Committee for approval.

In the case of Application No 2, the Committee noted that application had been made to serve and deliver hot food and other foods to schoolchildren on an order basis from a mobile phone application and that the vehicle then deliver and serve the food from a location in the street opposite the school premises over a period of ten minutes.

The Committee gave consideration to the application.

Thereafter, having heard the applicant on their own behalf and consideration of advice of the Legal Officer, the Committee agreed that the application be refused on the basis of safety concerns for schoolchildren crossing the road from the school to the location of the van.

(e) SKIN PIERCING AND TATTOOIST - 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 noted that the applicant had failed to submit their Unique Tax Reference Number and having considered the advice of the Legal Officer, 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 Nos 1 to 4, 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.

(g) FEES FOR LICENCES

There was submitted Agenda Note AN5-2017 reporting that following an exercise carried out in conjunction with the Head of Finance, it was reported that the following fees indicated in the table below should be charged from 1st April, 2017 in order that the Council could recover its costs. The last rise in fees was in April, 2014. In regard to the cost of renewal of a Taxi Driver's Licence, this would be 155 for renewals in May, 2017 (and 175 thereafter) as it was the subject of a 20 rebate in respect of the Taxi Marshals' costs recovered in advance in May, 2014.

The taxi related fees, including the Taxi Marshal rebate, were discussed with the Trade at a Taxi Liaison Group meeting at which the Trade noted the new fees and agreed that Taxi Marshals should continue to be deployed at the G Casino, Marketgait, Dundee.

The Committee agreed to the fees as indicated and that these be paid in full at the time of lodging of the application.

(h) TAXI FARES

There was submitted Agenda Note AN6-2017 reporting that the annual exercise using the agreed formula comprising transport indices of the Retail Price Index was again in the negative due in the main to reduced fuel costs.

It was reported that this was discussed with the Taxi Trade at the meeting of the Taxi Liaison Group held on December, 2016 and the recommendation from the Group was that there be no increase in fares for the period April, 2017 to March, 2018.

Thereafter, having considered the advice of the Legal Officer, the Committee agreed that there be no increase in fares for the period April, 2017 to March, 2018.

(i) APPLICATIONS FOR RENEWAL

There was submitted Agenda Note AN7-2017 reporting that the current policy was that all applications for renewal involving premises were advertised in the local press. Those applications which attracted objections, representations or where officers had adverse comments were dealt with by the Committee and where there were no objections, representations or adverse comments the applications were dealt with by the Convener under delegated powers.

Advertising applications in the local press was discretionary and the decision to advertise renewals was taken in 1984, following the introduction of the Civic Government (Scotland) Act 1982 in July that year. Applicants also had to display a notice at their premises. This was a mandatory requirement.

Very few objections to renewals had been lodged in recent years whilst the cost of advertising had increased.

New applications involving liquor licensed premises were dealt with at Licensing Board meetings and a notice was displayed at the premises and nearby neighbours notified. They were not advertised in the press, only on the Council website. There was no requirement to neighbour notify for licences issued under the 1982 Act and it was recommended that renewal applications which involved premises be advertised on the Council website instead of in the press. This would also apply to Houses in Multiple Occupation renewals.

It was envisaged that this would in fact provide a better service to the public as applications would be on the website for the entire objection period of 28 days rather than appearing in a newspaper once. There would also be a modest cost saving of in the region of 4,000 per annum.

New applications would continue to be advertised in the press and also on the website.

As regards to Houses in Multiple Occupation, it was further recommended that, similar to new applications for all other licences, where there were no objections or adverse comments and the application was within the policy, they be dealt with by the Convener under delegated powers. This would allow non-contentious applications to be dealt with more efficiently and save time at Licensing Committee meetings.

Thereafter, having considered the advice of the Legal Officer, the Committee agreed to the terms of the note, subject to the condition that should an application for a Houses in Multiple Occupation licence be received from a new applicant or an applicant who had listed a person responsible for the day to day operation not already licensed for this area of activity within the City of Dundee, this be contained in a fresh Agenda Note for the February meeting of the Committee for approval.

(j) RENEWAL OF TAXI DRIVERS LICENCES INCLUDING RIGHT TO WORK CHECKS AND TRAINING REQUIREMENTS FOR TAXI DRIVER AND PRIVATE HIRE CAR DRIVERS LICENCES

There was submitted Report No 1-2017 by the Head of Democratic and Legal Services advising of the proposals to deal with Taxi Driver renewal applications and new applications for Taxi Driver and Private Hire Car Drivers Licences.

Thereafter, having heard the Legal Officer, the Committee agreed:-

(i) that the procedures in Section 4.3.1 to 4.3.3 of the report be adopted for Taxi Driver renewal applications;

(ii) that new applicants for Taxi Drivers Licences be required to undertake approved training on the timescales outlined in Section 4.4 of the report; and

(iii) that holders of Private Hire Car Drivers Licences be required to complete the approved training by May, 2020 as outlined in Section 4.5 of the report.

V HOUSING (SCOTLAND) ACT 2006

There were submitted the undernoted applications.

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

In the case of Application Nos 1 to 9, having heard the Private Sector Services Manager, Neighbourhood Services, the Committee agreed that the applications be granted.

In the case of Application Nos 10 to 12, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2, there being no objections, the Committee agreed that the applications for variation be granted.

(c) HOUSES IN MULTIPLE OCCUPATION - RENEWAL - UPDATE

Reference was made to Article V(c)(ii) of the minute of meeting of this Committee held on 1st September, 2016, wherein the Committee agreed to grant the undernoted application for a Houses in Multiple Occupation Licence application but to recall the application for an update from the Private Sector Services Manager, Neighbourhood Services.

There was submitted the original letter of objection from a member of the public relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, the objectors on their own behalf, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that should the objectors have any other issues with the operation of the licence they should report these to the landlord for remedy in the first instance and thereafter to the Private Sector Services Manager.

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 - NEW APPLICATIONS

(i) There was submitted an application from Mr and Mrs R for a Houses in Multiple Occupation Licence. There was submitted a letter of objection from the Chief Constable relevant to this application. The Committee noted that the objection had been submitted late and having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the objection be submitted for consideration. The Committee gave consideration to the letter of objection which had been submitted by the Chief Constable relevant to this application.

Thereafter, having heard a representative of the Housing Department, a representative on behalf of the Chief Constable, the applicant on their own behalf, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the condition that should the owner of the property need to visit the property that he be accompanied by the person responsible for the operation of the licence on each occasion.

(ii) There was submitted an application from Ms Z for a Houses in Multiple Occupation Licence. The Committee noted that the objectors to this application were not present. The Committee gave consideration to the letters of objection which had been submitted by members of the public. Thereafter, having heard the Private Sector Services Manager, Neighbourhood Services, 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 completing online training provided by Shelter Scotland and attend Seminars organised by the Private Sector Services Unit of Neighbourhood Services.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a)                           METAL DEALER - NEW APPLICATION

There was submitted an application by Mr S C for a Metal 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. 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 until June, 2017 and that the matter be recalled to the meeting of the Licensing Committee to be held in June, 2017 for an update from the Chief Constable on the operation of the licence.

(b)                           SECOND HAND DEALER - NEW APPLICATION

There was submitted an application by Mr S C 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. 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 until June, 2017 and that the matter be recalled to the meeting of this Committee to be held in June, 2017 for an update from the Chief Constable on the operation of the licence.

(c) PRIVATE HIRE OPERATOR - NEW APPLICATION

Reference was made to Article IV(a) of the minute of meeting of this Committee held on 4th July, 2016, wherein consideration of the application by Mr M Z for a Taxi Drivers Licence was deferred to await the outcome of court proceedings.

There was submitted an application by Mr M Z 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, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(d) TAXI DRIVER - SUSPENSION HEARINGS

(i) Reference was made to Article VIII(f)(i) of the minute of meeting of this Committee held on 3rd November, 2016, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr G B 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 Environmental Compliance Manager relevant to this application. There was also submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G B 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 to adjourn the hearing in relation to both matters to the meeting of this Committee to be held on 30th March, 2017 to await the outcome of court proceedings.

(ii) Reference was made to the decision taken by the Head of Democratic and Legal Services in consultation with the Convener on 8th December, 2016, under delegated authority, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr L C with immediate effect as he did not meet Group 2 medical standards.

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

Thereafter, having considered the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 2nd March, 2017 to await the report from the PAM Group on the medical fitness of Mr L C to be the holder of a Taxi Drivers Licence.

(iii) Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 1st December, 2016, wherein it was agreed to hold a hearing 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 Drivers Licence. 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 adjourned to the meeting of this Committee to be held on 30th March, 2017 to await the outcome of court proceedings.

(iv) Reference was made to Article II(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 1st December, 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 Drivers Licence.

There were submitted two letters of information from the Chief Constable relevant to the alleged conduct of Mr J M 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 letters submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to suspend the Taxi Driver's Licence held by Mr J M for the unexpired portion of the licence until 30th May, 2017.

(v) Reference was made to Article VIII(f)(iii) of the minute of meeting of 3rd November, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr S M during the currency of his Taxi Driver's Licence to this meeting of the 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 S M  during the currency of his Taxi Driver's 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 receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Committee agreed that no further action be taken.

(vi) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 3rd November, 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 a Licensing Standards Officer relevant to the alleged conduct of Mr R R during the currency of his Taxi Driver's Licence. There was also submitted details of previous hearings where the licence holder had been reported to meetings of the Licensing Committee.

The Committee gave consideration to the content of the documents. Thereafter, having heard a Licensing Standards Officer and receiving confirmation that the licence holder had surrendered their licence, the Committee agreed that no further action be taken.

(vii) Reference was made to Article VI(f)(iv) 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 alleged conduct of Mr J S during the currency of his Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr J S with immediate effect during the intervening period.

There was submitted the original 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 the representative of the Chief Constable, a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to further adjourn the hearing until the meeting of this Committee to be held on 2nd March, 2017 to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr J S with immediate effect during the intervening period.

(e) TAXI DRIVER - UPDATE

Reference was made to Article VI(d)(iii) of the minute of meeting of this Committee held on 1st December, 2016, wherein it was agreed to adjourn the update in relation to the Taxi Driver's Licence held by Mr K H to this meeting of the Committee to allow the licence holder to be in attendance and provide a certificate evidencing completion of an approved Taxi Driver Training Course.

There was submitted the original letter of representation from the Chief Constable relative to this application. Thereafter, having heard a representative on behalf of the licence holder, the licence holder on their own behalf and receiving confirmation that the licence holder was registered for a place on an approved Taxi Driver Training Course and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(f) TAXI OPERATOR - REQUEST FOR VARIATION

Reference was made to Article VI(h) of the minute of meeting of this Committee held on 6th October, 2016, wherein it was agreed to extend the application by Mr J G for variation of his Taxi Operators Licence to this meeting of the Committee for an update on the medical fitness of Mr J G to be the holder of a Taxi Operators Licence.

There was submitted the original 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, together with supporting information which was tabled by the representative on behalf of the licence holder from the applicant's General Practitioner. Thereafter, having heard a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the variation applied for be further extended until June, 2017 and that the matter be recalled to the meeting of this Committee to be held on June, 2017 for an update on the medical fitness of the licence holder, together with any application for renewal submitted.

(g) TAXI DRIVER/TAXI OPERATOR - SUSPENSION HEARING

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 1st December, 2016, wherein the Taxi Driver's Licence held by Mr C K was suspended with immediate effect and that it was agreed that a hearing be held in due course in relation to the fitness of Mr C K to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from a Licensing Standards Officer relevant to the alleged conduct of Mr C K during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard a Licensing Standards Officer, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to recall the suspension of the Taxi Driver's Licence held by Mr C K with immediate effect, subject to the condition that the vehicle to be used in the operation of his Taxi Operators Licence be placed on service once it had obtained its relevant test certification.

(h) WINDOW CLEANER - SUSPENSION HEARING

Reference was made to Article II(c) of the minute of meeting of the Licensing Sub‑Committee held on 1st December, 2016, wherein it was agreed that the Taxi Driver's Licence held by Mr K R be suspended with immediate effect and a hearing be held in relation to the fitness of Mr K R to be the holder of a Window Cleaners Licence.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr K R during the currency of his Window Cleaners 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 to continue the suspension of the Window Cleaners Licence held by Mr K R with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 30th March, 2017.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 1st December, 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) TAXI OPERATOR'S LICENCE AND TAXI DRIVER'S LICENCE - REQUEST FOR HEARING

There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr C K 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, a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Drivers Licence held by Mr C K be suspended with immediate effect and that a hearing be held in due course in relation to the fitness of Mr C K to be the holder of a Taxi Driver's Licence and Taxi Operators Licence. No action would be taken in relation to the Taxi Operators Licence held by Mr C K during the intervening period.

(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 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.

(c) WINDOW CLEANER'S LICENCE - REQUEST FOR HEARING

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

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 DRIVERS LICENCE - REQUESTS FOR HEARINGS

(i) 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.

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

Stewart HUNTER, Convener.

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 9th August, 2016.

APPENDIX II

Present:-

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

Stuart GALLOWAY (Principal General Services Officer), Corporate Services

Brian WOODCOCK (Senior Solicitor, Licensing), Corporate Services

Fraser CRICHTON (Assistant Manager, Transport), City Development Services

Neil GELLATLY (Head of Roads and Transportation), City Development Services

Craig SOMERS (Environmental Compliance Team Manager), Neighbourhood Services

Daniel GARVEN (Licensing Standards Officer), Neighbourhood Services

Bryan COLEMAN (Licensing Standards Officer), Neighbourhood Services

TAXI TRADE REPRESENTATIVES

Steve CASHLEY, Dundee 505050 Limited

David YOUNG, Dundee Private Hire (203020) Ltd

Graeme STEPHEN, Dundee Taxi Association

George SCULLION, Dundee Taxis Ltd

Willie LEES, GMB Union

George HARRIS, Tay Taxis

Chris ELDER, Unite the Union

ALSO IN ATTENDANCE

Councillor David BOWES

Councillor Tom FERGUSON

David FINDLAY, Securigroup

Alan JONES, Matrix Telematics Ltd

Stuart GALLOWAY, in the Chair.

Apologies for absence were submitted on behalf of Erik THORESEN, Dundee Hackney Association.

I MINUTE OF PREVIOUS MEETING

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

II DUNDEE CITY COUNCIL

Items on the agenda at request of Dundee City Council:-

(a) CCTV PRESENTATION BY MATRIX TELEMATICS LTD

The Group noted the content of the presentation by Matrix Telematics on their GPS tracking system for taxis and incident cam technology which provided live-streaming of incidents which occurred in the operation of the vehicle and the benefits that this system may bring to operators in terms of insurance costs and business projection and that the company were also in the course of developing a forward and rear facing and audio control camera system and that the company would make a further presentation to the Group once this technology had been developed.

(b) TAXI DRIVER TRAINING

Stuart Galloway spoke to the above item.

The Group agreed:-

(i) to note that as advised by Chris Elder, Unite the Union had put approximately 200 of its members through the Taxi Driver Training Course and were looking at using another provider through ICQ;

(ii) to note the report from Steve Cashley that approximately 100 taxi drivers had completed the Taxi Driver Training Course provided by Dundee College and that further training courses provided by the college may be limited;

(iii) to note that 203020 Private Hire had put approximately 20 drivers through the Taxi Driver Training Course;

(iv) to note that funding would not be available after 31st May, 2017 for courses and neither would ILAs and that the GMB would be stopping their courses at the end of January as they required that you needed to be a member of the Union for six months before undertaking courses;

(v) to note that the Licensing Office when writing out to current licence holders reminding them of the renewal date for their licences would also remind them of the requirement that if they wished to be considered for renewal they would have to provide evidence of completion of an approved Taxi Driver Training Course and the position in relation to observances of Taxi Marshals at the G Casino; and

(vi) to note that the Licensing Office were currently investigating the rolling out of Taxi Driver Training Courses suitable for holders of Private Hire Car Driver Licences.

(c) RENEWAL PROCESS

Stuart Galloway reported on the above.

The Group agreed:-

(i) to note that there was no online renewal system available for renewals due on 31st May, 2017 as the Licensing Office required hard copy evidence of Certificates of Completion of an approved Taxi Driver Training Course for any licence holders applying for renewal of their licence;

(ii) to note that the renewal application process would operate at Dundee House over a set period;

(iii) to note that a photo image of the licence holder would be taken at the same time as their renewal was processed at Dundee House and that new badges would be provided by 31st June, 2017; and

(iv) to note that there be a different type of badge of licence issued and that consideration would be given to the provision of some kind of identification for placement within the vehicle with a picture of the driver and their name on an A6 laminated display.

(d) ELECTRIC VEHICLES

Stuart Galloway reported on the matters below.

(i) New Taxi Licences - Electric Vehicles Only

The Group agreed to the proposal that any new Taxi Licences would only be issued to new electric vehicles from the approved list held by the Licensing Office.

(ii) New Private Hire Car Licences - Electric Vehicles Only

The Group agreed to the proposal that new Private Hire Car Licences be issued for electric vehicles only in accordance with the approved list held by the Licensing Office.

(iii) Reduction in Test Fee

The Group noted that there would be a reduction of 10 on the test fee.

(iv) Proposed Rank for Electric Vehicles Only

The Group noted that the rank at Malmaison Hotel would be proposed for use by electric taxis only.

(v) Taxi Bid - Update by Fleet Management

The Group agreed:-

(i) to note that there was not enough infrastructure currently in place in the city to fulfil the requirements of the city bid;

(ii) to note that the City Development Department had commenced process of procurement for 1.68 million project and other Councils were now joining the procurement process;

(iii) to note that infrastructure required to be in place by April, 2017;

(iv) to note that 15 rapid chargers and 50+ slower chargers were currently in place in the city at this time; and

(v) to note that there were currently three charging hubs being developed to be placed in Princes Street, Lochee and Broughty Ferry.

(e) TAXI RANKS

Stuart Galloway reported on the matters below.

(i) Dundee Airport - Markings

The Group noted that the airport maintained the road in front of the airport and confirmation on transport arrangements were being examined and views of the Trade in this area were welcomed.

(ii) Ward Road - Permanent Relocation to Albert Square requested

The Group agreed:-

(i) to note the Trade considered the Albert Square rank to be best placed to meet their needs and that Ward Road may be removed; and

(ii) to note that consideration be given to making what was the feeder rank at No 1 Public House for Ward Road into a rank on its own.

(iii) Speedwell Bar - Noise Complaints

The Group noted that noise complaints had been received in relation to noise from vehicles at the Speedwell Bar and that the City Development Department would keep this under review.

(f) TAXI AND PRIVATE HIRE VEHICLES CAR CLOCKING

The Group noted the content of the information which was provided in relation to alerting Taxi and Private Hire vehicle owners of criminality in relation to clocking of vehicles.

III DUNDEE 505050 LIMITED

Items on the agenda at request of Dundee 505050 Limited:-

(a) CORPORATE LICENCES - FOLLOWING ON FROM A VERY BRIEF DISCUSSION AT THE LICENSING MEETING, MAY I REQUEST THAT THE SUBJECT OF CORPORATE LICENCES BE DISCUSSED UNDER THE AUSPICES OF THE TAXI LIAISON GROUP AND THE TERMS VARIED TO ALLOW EXECUTORS (NORMALLY WIDOWS) TO REALISE A LITTLE FINANCIAL SOLACE THROUGH PERMITTING THEM TO CONVERT LICENCES FROM THE DECEASED'S NAME TO EITHER A COMPANY NAME OR A PARTNERSHIP. THIS SMALL ACT OF COMPASSION WOULD ACKNOWLEDGE AN UNDERSTANDING OF THE DISTRESS AND LOSS BEING SUFFERED.

Steve Cashley reported on the above.

The group noted the position as explained by the Legal Officer in relation to corporate licences and what was previously referred to as widows plates and that the proposal to reintroduce this would not be lawful.

(b) VIDEO ENABLED VEHICLE TRACKING.

Steve Cashley reported on the above.

The Group noted that there was a firm in Cumbernauld which provided video enabled vehicle tracking.

IV DUNDEE HACKNEY ASSOCIATION

Items on the agenda at request of Dundee Hackney Association:-

(a) Postcode taxi drivers

(b) Overcharging passengers

(c) Who are policing the Trade and what are their duties

(d) Review the downturn in actual passengers using taxis and also income lost

The Group agreed to note that in the absence of a representative for Dundee Hackney Association there was no report to be provided and, as such, the above matters were not considered by the Group.

V DUNDEE TAXI ASSOCIATION

Items on the agenda at request of Dundee Taxi Association:-

(a) CONCERN OVER NUMBER OF VEHICLES USING BUS AND TAXI LANES.

Graeme Stephen reported on the above.

The Group noted that this concern was for Police Scotland to enforce and that the Licensing Office would raise the concern of the Taxi Association with the Police.

(b) IT'S ABOUT TIME TAXIS COULD USE BUS LANE AT NINEWELLS. THE DISTANCE FROM A&E IS 2.2 MILES AND METERS 6.06.

Graeme Stephen reported on the above.

The Group noted that a report would be required from an Engineer from the Council for submission to a future meeting as to the suitability of this road for this purpose and whether or not it was currently maintained to a sufficient standard to allow for through traffic and whether or not it was privately maintained.

(c) FREE PARKING TIME ALLOWED AT RAPID CHARGERS.

Graeme Stephen reported on the above.

The Group agreed:-

(i) to note that the charger at the Greenmarket Car Park took 35 to 40 minutes for full charge however free parking was limited to 30 minutes; and

(ii) to note that City Development Department would look to accommodate the duration of the full charge within the free parking and that Fraser Crichton would be remitted to liaise with car parking management to allow for an extra five or ten minutes within the free parking limit to avoid Taxi Drivers having to pay 2 for the two hour duration.

(d) ANY NEWS ON THE TESTING OF HIRED TAXIS FROM INSURANCE COMPANIES.

Graeme Stephen reported on the above.

The Group noted that Stuart Galloway would report back on this matter at the December meeting.

VI GMB UNION

Items on the agenda at request of GMB Union:-

(a) ELECTRIC TAXIS - WHEN AN ELECTRIC TAXI PICKS UP A HIRE THEN THE HIRE MUST FINISH IN THAT TAXI.

Willie Lees reported on the above.

The Group noted that this proposal was unenforceable in terms of legislation.

(b) CORPORATE PLATES - PLATES WILL NEVER COME OFF. NEED FAIL SAFES PUT IN PLACE.

Willie Lees reported on the above.

The Group noted that this matter had been considered at Article III(a).

(c) LICENSING STANDARDS OFFICERS - A COMPLETE WASTE OF TIME AND MONEY.

Willie Lees reported on the above.

The Group agreed:-

(i) to note the perception that the Trade had considered there was a problem with compliance with the dress code by individual Taxi Drivers and the non-checking of badges by the Licensing Standards Officers and that Craig Somers of Neighbourhood Services would encourage his staff request sight of badges and ensure observance of the dress code by Taxi Drivers;

(ii) to note that the dress code was currently being revised; and

(iii) to note that should any specific complaints be available in relation to the work carried out by the Licensing Standards Officers these should be reported accordingly to Craig Somers or the Licensing Office so that they may be investigated.

(d) SCOTTISH VOCATIONAL QUALIFICATION - IN DUNDEE A WASTE OF TAX PAYERS MONEY AND ALSO A WASTE OF TIME.

Willie Lees reported on the above.

The Group agreed to note that this matter had been covered at Article II(b).

(e) UNIFORMED FLEET.

The Group agreed to note that this item had been withdrawn from consideration.

VII UNITE THE UNION

Items on agenda at request of Unite the Union:-

(a) TAXI MARSHALS - WOULD IT BE POSSIBLE FOR A REPRESENTATIVE FROM THE TAXI MARSHALS TO ATTEND THE TAXI LIAISON MEETING SO WE COULD PUT OUR CONCERNS REGARDING THE ISSUES ARISING AT THE CASINO?

Chris Elder reported on the above.

The Group agreed:-

(i) to note that the representative of the security group would remind Taxi Marshals at the G Casino of their obligations of service at the location so as to avoid any potential misinterpretation of their conduct during the course of their duties and would examine whether or not it was a training issue;

(ii) to note that reports of infringements at the G Casino had been submitted to the Licensing Office;

(iii) to note that the driver would be identified through the operators plate number and that habitual offenders would be reported for a hearing at a meeting of the Licensing Committee as to their suitability to be the holder of a Taxi Drivers Licence; and

(iv) to note that initially 150 reports had been received and this was now down to two or three over a weekend and that a further report would be submitted to the December meeting of the Group.

(b) SIGN ON TAXI RANKS IN THE TOWN CENTRE - CAN YOU PUT SIGNS UP ON THE TAXI RANKS IN THE CITY REGARDING PASSENGERS USING THE TAXI THAT IS POSITIONED FIRST ON THE RANK. THIS WOULD HELP WITH THE FRUSTRATION AND ARGUMENTS ON THE TAXI RANKS AS DRIVERS ARE PICKING UP AT THE REAR AND THE MIDDLE OF TAXI RANKS. THESE SIGNS WOULD HAVE TO BE A REASONABLE SIZE - PASSENGERS PLEASE USE FIRST TAXI ON THE RANK?

Chris Elder reported on the above.

The Group agreed to note the request that a polite notice be installed at ranks indicating for passengers to use the first car at the rank and that the installation of such notices would be dependent upon the depth of the footway and that further investigation would be required.

(c) ENFORCEMENT OFFICERS HOW MANY ARE IN SITU AND WHAT IS THE TOTAL NUMBER OF OFFICERS TO BE ALLOCATED TO THE TAXI TRADE AND ARE THEY SOLELY FOR TAXI ENFORCEMENT. WHAT HOURS ARE THEY WORKING IE DAYS NIGHTS AND WEEKENDS AS THE TAXI TRADE IS A 24 HOUR BUSINESS?

The Group noted that the above matter had been covered at Article VI(c).

(d) ITS BEEN BROUGHT TO OUR ATTENTION FROM NUMEROUS NIGHT SHIFT DRIVERS, THAT SOME PRIVATE HIRE OPERATOR/DRIVERS ARE USING THE JET GARAGE OPPOSITE THE CASINO AT THE WEEKENDS TO ILLEGALLY PLY FOR HIRE THIS WE FEEL IS DUE TO THE RANK BEING OUT OF SIGHT AT THE BUS STOP.

The Group noted that should any illegal activity be witnessed that contact should be made with Police Scotland.

(e) NETHERGATE RANK.

The Group noted the perception by the Trade that over the period of closure of the Nethergate rank there was considered to be less congestion and taxis were channelled on to the rank and that as such there was no parking in bus bays across from the rank observed and that Neil Gellatly would further discuss this matter with Engineers.

(f) NAME ON BADGE TO BE REMOVED, OTHER BODIES IE COUNCIL OFFICIALS, BUS DRIVERS ETC DO NOT HAVE THEIR NAME ON SHOW, LIKE THE NAME BEING REMOVED FROM THE DOOR OF THE LICENSED VEHICLE THE BADGE SHOULD BE THE SAME.

The Group noted that this matter could not be supported and that checks had taken place with other local authorities such as Angus, Fife and Glasgow amongst seven others which require names to be displayed on badges.

(g) CAIRD AVENUE RANK TO BE MARKED OUT WHERE IT HAS BEEN EXTENDED INTO THE BUS STOP.

The Group noted that Legal were looking at this and a draft Order was being prepared.

VIII DATE OF NEXT MEETING

The Group noted that the next meeting of the Group may be held in December 2016.

Stuart GALLOWAY, Chair.