Licensing Committee - 30/03/2017

At a MEETING of the LICENSING COMMITTEE held at Dundee on 30th March, 2017.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 2nd March, 2017 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Bidwell declared a non-financial interest in the item of business at Article V(d)(ii) by virtue of the licence holder being known to him in a personal capacity and left the Chamber prior to its consideration. Councillor Bidwell re-entered the Chamber prior to consideration of the item of business at Article V(d)(iii).

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 2nd March, 2017 and 3rd March, 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 listed at (i) to (v) had been granted under delegated powers.

(i) PRIVATE HIRE OPERATOR - NEW APPLICATIONS

(ii) PRIVATE HIRE DRIVER NEW APPLICATIONS

(iii) SKIN PIERCING AND TATTOIST - NEW APPLICATION

(iv) STREET TRADER - NEW APPLICATION

(v) TAXI DRIVER - NEW APPLICATIONS

(b) PRIVATE HIRE OPERATOR - NEW APPLICATION AND VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that requests for variation had been made to allow a special events disc to be placed on the vehicle involved in the operation of the licence in place of a plate and to allow the vehicle in operation of the licence to be exempt from the policy requiring an electric vehicle for new Private Hire Licences. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application and variations be granted and that the matter be recalled to the meeting of this Committee to be held in May, 2018 for an update on the operation of the licence.

(c) TAXI DRIVER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, having received confirmation that the applicant had now submitted their Unique Tax Reference Number to the satisfaction of the Licensing Office and having heard the representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(d) TAXI OPERATOR ELECTRIC VEHICLE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that application had been made for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was William R Cole (OP319). Directors of Leafy Lifts Ltd were Stephen Shepherd, Suzanne Shepherd and William Cole. The Committee gave consideration to the application. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 2, the Committee noted that application had been made for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was Peter Fraser (OP328). Directors of S1TYS were Peter Fraser and Nikki Fraser. There were submitted letters of objection relevant to this application from Dundee Hackney Association and the GMB Union.

The Committee gave consideration to the application and the content of the objections. Thereafter, having heard the objectors, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(e) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, there were submitted comments which had been received from Environmental Health and Building Control relative to this application. There was submitted a copy of the applicants operations procedure and/or documentation which had been tabled by the agent in support of the applicant.

The Committee noted that late objections had been submitted from members of the public relevant to this application. The Committee noted that the objectors to the application were not present. Thereafter having heard the Legal Officer, the Committee agreed to note that only one of the objections may be competently considered, the other objections being either late with no good reason advanced therefor and/or omitting the address of the objector. The Committee agreed that the sole competent objection be admitted for consideration. The Committee gave consideration to the contents of the submissions and the content of the objection. Thereafter, having heard the Environmental Health Officer, an agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, Councillor Asif, seconded by Councillor Bowes, moved that the application be refused.

As an amendment, Councillor Black, seconded by the Convener, moved that the application be granted, subject to appropriate conditions as stipulated by Environmental Health.

On a division, there voted for the motion - Councillors Bowes, Asif, Bidwell and Ferguson (4); and for the amendment - Councillors Hunter, Black and Depute Lord Provost Roberts (3) - whereupon the motion was declared carried and the application was refused.

In the case of Application No 2, there were submitted comments from Environmental Health relative to this application. The Committee gave consideration to the contents of the submission. Thereafter, having heard the Environmental Health Officer, the representative of the Chief Constable, the applicant on their own behalf and consideration of advice of the Legal Officer, the Committee agreed that the application be granted, subject to conditions as stipulated by Environmental Health.

In the case of Application Nos 3 and 4, there was submitted Report No 108-2017 by the Head of Democratic and Legal Services relevant to this application. The Committee gave consideration to the content of the report. Thereafter, having heard representatives on behalf of the applicant, the representative of the Chief Constable and consideration of the advice of the Legal Officer and the Clerk, the Committee agreed that the applications be granted with additional conditions as set out in the said report and that delegated authority be given to the Head of Democratic and Legal Services, in consultation with the Convener, to deal with any further grant thereafter at the same location.

IV HOUSING (SCOTLAND) ACT 2006

(a)                           HOUSES IN MULTIPLE OCCUPATION APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted applications listed at (i) and (ii) had been granted under delegated powers.

(i) NEW APPLICATIONS

(ii) VARIATIONS

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 18, the Committee gave consideration to a letter of representation which had been submitted by the Private Sector Services Manager of Neighbourhood Services relative to these applications.

Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the applicants and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted.

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 CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REQUEST FOR EXTENSION OF TIME TO PLACE A VEHICLE ON SERVICE

Reference was made to Article VII(a) of the minute of meeting of this Committee held on 2nd March, 2017, wherein the Committee agreed to refuse the request for extension of time to place a vehicle on service which had been submitted by Mr A T and to allow him to make a fresh request at this meeting of the Committee if so advised.

There was re-submitted the original request for extension from Mr A T.

The Committee gave consideration to the content of the letter. Thereafter, having heard the applicant on their own behalf and receiving confirmation that a vehicle had now been purchased and would be scheduled for taxi test and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the Head of Democratic and Legal Services be delegated to deal with the matter in consultation with the Convener.

(b) TAXI LICENCE OPERATORS - REQUEST FOR VARIATION

Reference was made to Article VI(f) of the minute of meeting of this Committee held on 5th February, 2015, wherein it was agreed to grant the request for variation from Mr C C to allow the licence holder to place a saloon car vehicle in operation in place of a wheelchair accessible vehicle subject to the condition that the licence holder be the only driver of the vehicle during the operation of the licence, other than the rare occasion where the licence holder may appoint a driver to allow for holiday cover.

There was submitted a request for variation by Mr C C in relation to his Taxi Operator's Licence to have the condition that only he can drive his taxi be removed.

The Committee gave consideration to the grounds of the application. Thereafter, having heard 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 that the application be granted and that the condition that the licence holder be the only driver of the vehicle during the operation of the licence, other than the rare occasion where the licence holder may appoint a driver to allow for holiday cover, be removed.

(c) TAXI DRIVER - REQUEST FOR RECALL OF SUSPENSION

Reference was made to Article VI(e)(ii) of the minute of meeting of this Committee held on 6th October, 2016, wherein the Taxi Driver's Licence held by Mr S T was suspended with immediate effect and it was agreed that the licence holder be requested to attend the PAM Group to establish his medical fitness.

There was submitted a letter from the PAM Group relevant to the suitability of Mr S T to be the holder of a Taxi Driver's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard the licence holder on their own behalf, the Principal General Services Officer 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 T with immediate effect.

(d) TAXI DRIVER - SUSPENSION HEARING

(i) Reference was made to Article VI(d)(i) of the minute of meeting of this Committee held on 12th January, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G B during the currency of his Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings.

There were submitted letters of information from the Chief Constable relevant to the alleged conduct of Mr G B 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 letters. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 27th April, 2017 to await the outcome of court proceedings.

(ii) Reference was made to Article VI(d)(iii) of the minute of meeting of this Committee held on 12th January, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr B D 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 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 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 representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of the Committee to be held on 29th June, 2017 to await the outcome of court proceedings.

(iii) Reference was made to Article VII(b)(iii) of the minute of meeting of this Committee held on 2nd March, 2017, 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 this meeting of the 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 S U during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the licence holder on their own behalf, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 29th June, 2017 to await the outcome of court proceedings.

(e) TAXI DRIVER/TAXI OPERATOR LICENCE - SUSPENSION HEARINGS

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 3rd March, 2017, wherein the Taxi Driver's Licence held by Mr R K was suspended with immediate effect and it was agreed that a hearing be held in due course in relation to the fitness of Mr R K to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R K 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, an agent 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 adjourn the hearing until the meeting of this Committee to be held on 29th June, 2017 and to recall the suspension of the Taxi Driver's Licence held by Mr R K with immediate effect during the intervening period.

(f) WINDOW CLEANER - SUSPENSION HEARING

Reference was made to Article Vll(h) of the minute of meeting of this Committee held on 12th January, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr K R during the currency of his Window Cleaner'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 K R with immediate effect during the intervening period.

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

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr K R during the currency of his Window Cleaners Licence.

The 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 Committee agreed to further adjourn the hearing until the meeting of this Committee to be held on 8th June, 2017 to await the outcome of court proceedings and to continue the suspension of the Window Cleaner's Licence held by Mr K R with immediate effect during the intervening period.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 2nd March, 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 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 - REQUEST FOR HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G McL 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 McL to be the holder of a Taxi Driver's Licence.

(b) 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 D M during the currency of his Window Cleaner's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr D M to be the holder of a Window Cleaner's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 3rd March, 2017.

APPENDIX II

Present:-

Depute Lord Provost Christina ROBERTS

Councillor Stewart HUNTER

Councillor Lesley BRENNAN

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

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.

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 DRIVERS LICENCE AND TAXI OPERATORS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

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

Stewart HUNTER, Convener.