Licensing Sub-committee - 12/01/2017

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

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.

(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.

(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.

(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.

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Licensing Sub-committee - 12/01/2017

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

I DECLARATION OF INTEREST

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Dundee City Council