Licensing Committee - 02/02/2017

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd February, 2017.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 12th January, 2017 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Depute Lord Provost Roberts declared a non-financial interest in the items of business at Articles VI(d) and VI(e) of the minute by virtue of the applicants being known to her in a personal capacity and left the Chamber during their consideration.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 9th January, 2017 and 12th January, 2017 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

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.

ANIMAL BOARDING - NEW APPLICATION

LATE HOURS CATERING - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

PRIVATE HIRE DRIVER - NEW APPLICATIONS

PRIVATE HIRE OPERATOR - NEW APPLICATION

SECOND HAND DEALER - NEW APPLICATION

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

(b) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(c) STREET TRADER - 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 noted that the applicant had failed to produce their Unique Tax Reference Number and having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

In the case of Application No 2, the Committee noted that the application had also been made to vary Conditions 9 and 10 which required the vehicle to be used in the operation of the licence to be moved every 15 minutes and not to return within one hour.

Thereafter, having heard the applicant on their own behalf and receiving confirmation that the licence holder would be operating the licence at West Pitkerro Industrial Estate, Forfar Road, and having considered the advice of the Legal Officer, the Committee agreed that the application be granted and that Conditions 9 and 10 of the licence not be applied on this occasion.

(d) TAXI OPERATOR - NEW APPLICATION - ELECTRIC VEHICLE

There was submitted the undernoted application.

In the case of Application No 1, having heard the applicant on their own behalf and receiving confirmation that the applicant had now submitted appropriate paperwork to the satisfaction of the Licensing Office and having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

(e) APPROVED LIST OF ELECTRIC TAXIS

It was reported that the following vehicles had been assessed by the Transportation Section of City Development Services and it was recommended that they be added to the list of approved electric vehicles:-

(i) Hyundai Ioniq Electric Saloon Car; and

(ii) Tesla Model S90D Electric Saloon Car.

The Committee agreed that the above vehicles be added to the list of approved electric vehicles.

IV HOUSING (SCOTLAND) ACT 2006

(a) APPLICATIONS FOR NEW LICENCES FOR HOUSES IN MULTIPLE OCCUPATION

Reference was made to Article IV(i) of the minute of meeting of this Committee held on 12th January, 2017, wherein the contents of the said note were approved with the exception of the final paragraph relating to new applications for Houses in Multiple Occupation Licences, which was deferred for an amended procedure to be proposed.

There was submitted Agenda Note AN14-2017 reporting that accordingly, it was recommended that all new applications for Houses in Multiple Occupation Licences be dealt with by the Head of Democratic and Legal Services in consultation with the Convener under delegated powers unless:-

(i) there was no named managing agent for the premises or the owner/applicant or the named agent had not previously been approved by the Committee;

(ii) the application would be in potential breach of the Committees policy on overprovision of Houses in Multiple Occupation that had not been previously licensed or did not fall within any of the other exceptions to the policy (ie City Centre, purpose built, etc); and

(iii) there were no representations, objections or any other adverse comments or issues relating to the application.

The Committee approved the proposed amended procedure at (i) to (iii) above.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2, having heard the Private Sector Services Manager, Neighbourhood Services, the Committee agreed that the applications be granted.

In the case of Application No 3, the Committee noted that the applicant was not in attendance and agreed that the matter be considered in their absence. Thereafter, having heard the Private Sector Services Manager, Neighbourhood Services, the Committee agreed that the application be granted.

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

There was submitted the undernoted application.

In the case of this application, reference was made to Article VI(a) of the minute of meeting of this Committee held on 4th February, 2016, wherein it was agreed to grant the application and recall the matter to this meeting of the Committee for an update.

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

Thereafter, having heard the Private Sector Services Manager, Neighbourhood Services, 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.

V HOUSING (SCOTLAND) ACT 2006

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

(i) Reference was made to Article V(b)(i) of the minute of meeting of the Licensing Committee held on 1st December, 2016, wherein it was agreed to defer consideration of the hearing in relation to the suitability of Mr J H to be registered as a landlord to allow outstanding works to be carried out.

There was submitted the original letter of information from the Private Sector Services Manager, Neighbourhood Services relevant to the application for registration of Mr J H as a landlord.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Services Sector Services Manager, Neighbourhood Services, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that Mr J H be considered not fit and proper to be registered as a landlord and refused the application.

(ii) Reference was made to Article V(b)(ii) of the minute of meeting of the Licensing Committee held on 1st December, 2016, wherein it was agreed that Mr C W was not fit and proper to be registered as a landlord.

There was submitted the original letter of information from the Private Sector Services Manager, Neighbourhood Services, relevant to the application for registration of Mr C W as a landlord.

The Committee noted that the applicant 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, Neighbourhood Services and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER - NEW APPLICATION

There was submitted an application by Mr J B for a Taxi Driver's Licence.

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. 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 May, 2017, subject to the submission of a Unique Tax Reference Number to the satisfaction of the Licensing Office.

(b) TAXI DRIVER - SUSPENSION HEARINGS

(i) Reference was made to Article VI(c)(i) of the minute of meeting of this Committee held on 1st December, 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 the Legal Officer and noting that the licence holder had surrendered their licence, the Committee noted that no further action was required.

(ii) Reference was made to Article VI(c)(ii) of the minute of meeting of this Committee held on 1st December, 2016, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr P A during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings and to recall the immediate suspension of the Taxi Driver's Licence held by Mr P A with immediate effect during the intervening period.

There was submitted the original letter of objection from the Chief Constable relevant to the alleged conduct of Mr P A during the currency of his Taxi Driver's Licence.

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to further adjourn the hearing to the meeting of this Committee to be held on 2nd March, 2017 to await the outcome of court proceedings.

(iii) Reference was made to Article VI(c)(iv) of the minute of meeting of this Committee held on 1st December, 2016, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Ms P D during the currency of her Taxi Driver's Licence to await the outcome of criminal proceedings and to recall the immediate suspension of the Taxi Driver's Licence held by Ms P D with immediate effect during the intervening period.

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

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, the Committee agreed that no further action be taken.

(iv) Reference was made to II(a) of the minute of meeting of the Licensing Sub-Committee held on 9th January, 2017, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr I H with immediate effect and to hold a hearing in relation to the fitness of Mr I H 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 I H 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 and advice of the Legal Officer, the Committee agreed that the suspension of the licence be recalled and that no further action be taken as the Chief Constable had withdrawn his complaint.

(v) Reference was made to VI(c)(viii) of the minute of meeting of this Committee held on 2nd December, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr S U during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and to continue the immediate suspension of the Taxi Driver's Licence held by Mr S U during the intervening period.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr S U during the currency of his Taxi Driver's 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 recall the suspension of the Taxi Driver's Licence held by Mr S U with immediate effect, subject to conditions and to adjourn the hearing to the meeting of this Committee to be held on 2nd March, 2017.

(c) TAXI DRIVER - UPDATE

Reference was made to Article VI(d)(ii) of the minute of meeting of this Committee held on 1st December, 2016, wherein the Committee agreed to grant Mr P H a temporary Taxi Driver's Licence until 31st May, 2017 to allow the applicant to provide evidence of their completion of a Taxi Driver Training Course. There was submitted the original letter of objection from Police Scotland relevant to this application. The Committee noted that no further action was required as the applicant had submitted their Unique Tax Reference Number, medical certificate and training certificate.

(d) TAXI LICENCE - APPLICATIONS FOR RENEWAL

(i) There was submitted Report No 9-2017 by the Head of Democratic and Legal Services providing information regarding the Taxi Licences held by Mr A C.

The Committee agreed:-

(i) that the application by Company S was not competent; and that no further action be taken in relation to Mr A C, formerly the Director of Company S; and

(ii) there was submitted Report No 8-2017 by the Head of Democratic and Legal Services providing information regarding the Taxi Licence held by Mr J R.

The Committee agreed:-

(i) that the application by Company J was incompetent and that no further action be taken in relation to Mr J R, the former sole Director of Company J.

(e) TAXI LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Company S for a new Taxi Operator's Licence.

The Committee gave consideration to the application. Thereafter, having heard the Legal Officer, the Committee agreed that the application be granted.

(ii) There was submitted an application by Company J for a new Taxi Operator's Licence.

The Committee gave consideration to the application. Thereafter, having heard the Legal Officer, the Committee agreed that the application be granted.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 9th January, 2017.

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 I H during the currency of his Taxi Driver 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 I H be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr I H to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.

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

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 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 II(a) 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 B A during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Environmental Compliance Officer relevant to the alleged conduct of Mr B A during the currency of his Taxi Drivers Licence.

The Sub-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 Sub-Committee agreed that the Taxi Drivers Licence held by Mr B A be suspended for the unexpired portion of the licence.

(ii) Reference was made to Article II(b)(iii) of the minute of meeting of this Sub-Committee held on 6th October, 2016, wherein the Sub-Committee 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 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 Driver's Licence.

Thereafter, having heard a representative of the Chief Constable, the Sub-Committee agreed that no further action be taken and to adjourn the hearing until the meeting of this Sub-Committee to be held in June, 2017 for an update on the completion of an approved Taxi Driver Training Course.

(iii) Reference was made to Article III(b)(vii) of the minute of meeting of this Sub‑Committee held on 6th October, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr D G 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 D G 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, a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, and receiving confirmation that court proceedings were still pending, 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.

(iv) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee held on 3rd November, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr A 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 A 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, a representative on behalf of the licence holder and the licence holder on their own behalf, 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.

(v) Reference was made to Article II(b)(iii) of the minute of meeting of this Sub-Committee held on 1st December, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr A P 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 A P 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 30th March, 2017 to await the outcome of court proceedings.

(vi) Reference was made to Article II(b)(x) of the minute of meeting of this Sub-Committee held on 6th October, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr W 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 W 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, a representative on behalf of the licence holder, the licence holder on their own behalf and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, 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.

(b) TAXI OPERATOR'S/TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(c)(i) of the minute of meeting of this Sub-Committee held on 6th October, 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 the original 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 representative of the Chief Constable, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 30th March, 2017 to await the outcome of court proceedings.

(ii) Reference was made to Article II(c)(ii) of the minute of meeting of this Sub-Committee held on 6th October, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C F during the currency of his Taxi Driver's Licence and Taxi Operator's Licence to allow the licence holder to be in attendance.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr C F during the currency of his Taxi Driver's and Taxi Operators Licences.

The Sub-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, and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub‑Committee agreed that no further action be taken.

(iii) Reference was made to Article II(a) of the minute of meeting of this Sub-Committee held on 30th September, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D H during the currency of his Taxi Driver's Licence and Taxi Operators Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D H during the currency of his Taxi Drivers Licence and Taxi Operators 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 30th March, 2017 to await the outcome of court proceedings.

(iv) Reference was made to Article II(c)(iii) of the minute of meeting of this Sub-Committee held on 6th October 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G L during the currency of his Taxi Driver's Licence and Taxi Operator's Licence to this meeting of the Sub-Committee to allow the licence holder to be present.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr G L during the currency of his Taxi Driver's and Taxi Operators Licences.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and the licence holder on their own behalf, 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.

(v) Reference was made to Article II(c)(iv) of the minute of meeting of this Sub-Committee held on 6th October, 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 and Taxi Operators 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 D McM during the currency of his Taxi Driver's Licence and Taxi Operators Licence.

The Sub-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, and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub-Committee agreed that no further action be taken.

(c) TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION HEARING

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr T 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, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr T S to be the holder of a Taxi Driver's Licence.

(d) TAXI DRIVER'S LICENCE AND PRIVATE HIRE OPERATOR'S LICENCE - REQUEST FOR SUSPENSION HEARING

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S during the currency of his Taxi Drivers Licence and Private Hire 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 S to be the holder of a Taxi Driver's Licence and a Private Hire Operator's Licence.

Stewart HUNTER, Convener.