Licensing Sub-committee - 30/03/2017

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 30th March, 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(b)(iii) of the minute of meeting of this Sub‑Committee held on 12th January, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr D H during the currency of his Taxi Driver's Licence to this meeting of the Sub-Committee to await the outcome of court proceedings.

There was submitted 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.

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 29th June, 2017 to await the outcome of court proceedings.

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 2nd March, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G McL during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr G McL 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 29th June, 2017 to await the outcome of court proceedings.

(iii) Reference was made to Article II(c) of the minute of meeting of the Licensing Sub‑Committee held on 2nd February, 2017, wherein it was agreed that a hearing be held in relation to the alleged conduct of Mr G McN during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G McN during the currency of his Taxi Driver's Licence.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that no further action be taken and that a verbal warning be issued to the licence holder as to their future conduct.

(iv) Reference was made to Article II(a)(v) of the minute of meeting of the Licensing Sub‑Committee held on 12th January, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr A P during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

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

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

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to suspend the Taxi Driver's Licence held by Mr A P for the unexpired portion of the licence with effect from 28th April, 2017 and that the licence holder be given the opportunity to appear at the Licensing Committee on 27th April, 2017 so that a hearing may be held to consider if suspension of the licence should still apply.

(v) Reference was made to Article II(c) of the minute of meeting of the Licensing Sub‑Committee held on 12th January, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr T S during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr T S during the currency of his Taxi Drivers Licence.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having considered the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 29th June, 2017 to await confirmation as to whether or not the licence holder had submitted an application for renewal of his licence.

(b) TAXI DRIVER/TAXI OPERATOR - SUSPENSION HEARING

Reference was made to Article II(b)(i) of the minute of meeting of the Licensing Sub-Committee held on 12th January, 2017, 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 and Taxi Operator's Licence to await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Ms K C during the currency of her 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 receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub-Committee agreed that no further action be taken.

(i) Reference was made to Article II(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 2nd February, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G A during the currency of his Taxi Operator's Licence.

There was submitted a letter of information from the Plant and Vehicle Officer relevant to the alleged conduct of Mr G A during the currency of his Taxi Operator's Licence. There was also submitted documentation in support of the licence holder. The Sub-Committee gave consideration to the content of all of the documentation. Thereafter, having heard the Plant and Vehicle Officer, 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 Sub-Committee agreed to issue a verbal warning to the licence holder as to their future maintenance of the vehicles in question and any other vehicles operated by him and that the matter be recalled to the meeting of the Licensing Sub‑Committee to be held on 5th October, 2017 for an update on the operation of the licence.

(ii) Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 2nd February, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr M K during the currency of his Taxi Operator's Licence.

There was submitted a letter of information from the Plant and Vehicle Officer relevant to the alleged conduct of Mr M K during the currency of his Taxi Operator's Licence.

The Sub-Committee gave consideration to the content of the letter.

Thereafter, having heard the Plant and Vehicle Officer, an agent on behalf of the licence holder, the licence holder on his own behalf and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct and that the matter be recalled to the meeting of the Licensing Sub-Committee to be held on 5th October, 2017 for an update on the operation of the licence.

(d) TAXI DRIVER/PRIVATE HIRE OPERATOR - SUSPENSION HEARING

(i) Reference was made to Article II(d) of the minute of meeting of the Licensing Sub‑Committee held on 12th January, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr S during the currency of his Taxi Driver's Licence and Private Hire Operator's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S during the currency of his Taxi Driver's 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, the licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Sub-Committee agreed to issue a verbal warning to the licence holder as to their future conduct.

(e) SECOND HAND DEALER'S LICENCE - SUSPENSION HEARING

Reference was made to Article II(d) of the minute of meeting of the Licensing Sub-Committee held on 2nd February, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J M during the currency of his Second Hand Dealer's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J M during the currency of his Second Hand Dealer's Licence.

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

(f) WINDOW CLEANER'S LICENCE - SUSPENSION HEARING

Reference was made to Article II(b) of the minute of meeting of this Sub-Committee held on 2nd March, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D M during the currency of his Window Cleaner's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D M during the currency of his Window Cleaner's Licence.

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

(g) TAXI DRIVER - REQUESTS FOR SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S C during the currency of his Taxi Drivers Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr B M during the currency of his Taxi Drivers Licence.

(h) TAXI DRIVER/TAXI OPERATOR - REQUESTS FOR SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Ms A B during the currency of his Taxi Drivers Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M 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 M M to be the holder of a Taxi Driver's Licence and that the licence holder be referred to the PAM Group to establish his medical fitness to continue to be the holder of a Taxi Drivers Licence during the intervening period.

(i) TAXI DRIVER/PRIVATE HIRE OPERATOR REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C M 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 C M to be the holder of a Taxi Driver's Licence and Private Hire Operator's Licence.

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.

(j) TAXI OPERATOR'S LICENCE REQUEST FOR HEARING

There was submitted a letter of information from the Plant and Vehicle Officer relative to the alleged conduct of Company F during the currency of their Taxi Operator's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Plant and Vehicle Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Company F to be the holder of a Taxi Operators Licence.

Stewart HUNTER, Convener.

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Licensing Sub-committee - 30/03/2017

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

I DECLARATION OF INTEREST

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Dundee City Council