Licensing Committee - 15/06/2017

At a MEETING of the LICENSING COMMITTEE held at Dundee on 15th June, 2017.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

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

Unless marked thus * all items stand delegated.

l DECLARATION OF INTEREST

Councillor Ross declared a non-financial interest in relation to the item of business at Article VI(d)(i) of this minute by virtue of the applicant being known to him in a personal capacity and left the Chamber prior to its consideration. Councillor Ross re-entered the Chamber prior to consideration of the item of business at Article VI(d)(ii).

ll LICENSING SUB-COMMITTEE - RECONSTITUTION

Reference was made to Article II of the minute of meeting of this Committee held on 7th June, 2012, wherein the Licensing Sub-Committee was established.

There was submitted Agenda Note AN44-2017 reporting that the Committee was asked to reconstitute the Licensing Sub-Committee. The Terms of Reference of the Sub-Committee were:-

(i) to decide whether or not to suspend a licence with immediate effect on the grounds of there being a serious threat to public order or public safety and that in the event that a licence was so suspended it would only be until such time as the matter had been dealt with at a further hearing under Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982, which must be held within six weeks of the date of the initial suspension and to which all members of the Committee would be invited to attend.

(ii) to decide whether or not a suspension hearing should be held by the Licensing Committee following consideration and receipt of information relative to the conduct of any licence holder.

(iii) to hold hearings under Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 not involving licences already subject to immediate suspension.

The Committee agreed:-

(i) that the Licensing Sub-Committee be reconstituted as reported;

(ii) to note the Terms of Reference as indicated; and

(iii) to note that the Licensing Sub-Committee comprised three members of the Licensing Committee on the basis of two members of the Administration and one member of the Major Opposition Group (as far as practicable) and that all representatives must be members of the Licensing Committee or trained substitutes.

lll TAXI LIAISON GROUP - RECONSTITUTION

Reference was made to Article III of the minute of meeting of this Committee held on 7th June, 2012, wherein it was agreed to reconstitute the Taxi Liaison Group.

There was submitted Agenda Note AN45-2017 reporting that the Committee may wish to reconstitute the Taxi Liaison Group. The Terms of Reference of the Group would be to discuss issues of mutual interest to the Trade and the Council as licensing authority and the minutes of meetings of the Group would be submitted to the Licensing Committee for information. The Group would be prohibited from discussing individual applications for licences.

The Group could be attended by relevant officers of Dundee City Council, Police Scotland and representatives of the Taxi Trade. Elected members on the Licensing Committee may attend meetings of the Group as observers.

The Committee agreed that the Taxi Liaison Group be reconstituted on the terms as outlined in the note.

IV MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 27th April, 2017, 1st May, 2017, 3rd May, 2017, 29th May, 2017 and 5th June, 2017 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I to V.

V 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.

BOOKING OFFICE LICENCE - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATIONS

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) PRIVATE HIRE OPERATOR - NEW APPLICATION AND VARIATION

Reference was made to Article III(d)(ii) of the minute of meeting of this Committee held on 27th April, 2017, wherein the Committee agreed to defer consideration of the undernoted application to allow the applicant to attend.

In the case of this application, the Committee noted that the applicant had applied for a Private Hire Operators Licence and a variation to remove the condition requiring an electric vehicle to be placed on service in the operation of the licence. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the applications until May, 2018 and that the condition requiring the placing on service of an electric vehicle be not applied on this occasion and that the matter be recalled to the meeting of this Committee to be held in May, 2018 for an update on the position.

(c) SECOND HAND DEALER - NEW APPLICATION

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 would be operating the licence by working from their home address and that the purpose of the application was for laptop repairs and sales and having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

(d) STREET TRADER - NEW APPLICATION AND VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that application had also been made for an exemption to allow the applicant to trade in the City Centre area.

The Committee gave consideration to the content of the letter. 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 and that the condition in relation to the prohibition on trading in the City Centre and also the requirement to move location every 15 minutes be removed.

(e) SKIN PIERCING AND TATTOOIST - NEW APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having noted that the applicant had failed to submit their Unique Tax Reference Number to evidence that they were registered for tax purposes, the Committee agreed that the application be considered incompetent.

(f) TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Applications Nos 1 and 2, 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.

In the case of Application No 3, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having noted that the applicant had failed to produce their medical certificate and Unique Tax Reference Number to evidence they were registered for tax purposes, the Committee agreed that the application be considered incompetent.

In the case of Applications Nos 4 and 5, the Committee noted that these applications had been withdrawn from consideration by the applicants.

(g) ELECTRIC VEHICLE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that an application had been made for a Taxi Licence to replace an existing Taxi Operator's Licence with an electric vehicle. The existing licence holder was Robert Wilson (OP71). Directors of Dundee Hackney Taxis Ltd were Robert Wilson, Mohammed Zubair Hashmi and Qaiser Habib. Thereafter, having heard the applicant on their own behalf and having considered 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 an application had been made for a Taxi Licence to replace an existing Taxi Operator's Licence with an electric vehicle. The existing licence holder was Charles Martin (OP458). Directors of Galaxy Taxis (Dundee) Ltd were Charles Martin, Mohammed Zubair Hashmi and Mr Suleman. Thereafter, having heard the applicant on their own behalf and having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 3, the Committee noted that an application had been made for a Taxi Licence to replace an existing Taxi Operator's Licence with an electric vehicle. The existing licence holder was Brian Farqharson (OP185). Directors of TSM Cabs Ltd were Sajid Sharif, Nazia Sharif and Brian Farquharson. Thereafter, having heard the applicant on their own behalf and having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 4, the Committee noted that an application had been made for a Taxi Licence to replace an existing Taxi Operator's Licence with an electric vehicle. The existing licence holder was Ernie Bell (OP682). Directors of Hawkhill Taxi Company were Ernest Bell, Joseph Conroy and William Dunn. Thereafter, having heard the applicant on their own behalf and having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 5, the Committee noted that an application had been made for a Taxi Licence to replace an existing Taxi Operator's Licence with an electric vehicle. The existing licence holder was William Dunn (OP631). Directors of Hawkhill Taxi Company Ltd were Ernest Bell, Joseph Conroy and William Dunn. Thereafter, having heard the applicant on their own behalf and having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

VI HOUSING (SCOTLAND) ACT 2006

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted applications had been granted under delegated powers.

(b) VARIATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted applications had been granted under delegated powers.

(c) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, there was submitted a letter of observation from the Private Sector Services Manager relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, 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 non-occupancy of the property in the operation of the licence until the outstanding works referred to were completed to the satisfaction of the Private Sector Services Manager and that an update on the operation of the licence be provided by the Private Sector Services Manager at the meeting of this Committee to be held on 7th September, 2017.

In the case of Application No 2, having heard the Private Sector Services Manager, Neighbourhood Services, and a representative on behalf of the applicant, the Committee agreed that the application be granted.

(d) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, there was submitted a letter of observation from the Private Sector Services Manager relevant to this application. The Committee gave consideration to the content of the letter of observation. Thereafter, having heard the Private Sector Services Manager, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of the Committee to be held on 7th September, 2017 to allow outstanding works to be completed.

In the case of Application No 2, there was submitted a letter of observation from the Private Sector Services Manager relevant to this application. The Committee gave consideration to the content of the letter of observation. Thereafter, having heard the Private Sector Services Manager, 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 non-occupancy of the property until the outstanding works referred to were completed to the satisfaction of the Private Sector Services Manager.

In the case of Application Nos 3, 4, 5, 6, 7, 9, 10 and 14, the Committee agreed that consideration of these applications be deferred to the private part of the agenda.

In the case of Application No 8, there was submitted a letter of objection from a member of the public and a letter of objection from the West End Community Council relevant to this application. The Committee noted that the applicant and the objectors to the application were not present and agreed that the matter be considered in their absence. The Committee gave consideration to the letter of objection which had been submitted by a member of the public and the letter of objection which had been submitted by West End Community Council. Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 7th September, 2017 to allow for the applicant to be present.

In the case of Application No 11, there was submitted a letter of objection from a member of the public and a letter of objection from West End Community Council relevant to this application. The Committee noted that the objectors to the application were not present and agreed that the matter be considered in their absence. The Committee gave consideration to the letter of objection which had been submitted by a member of the public, and the letter of objection which had been submitted by West End Community Council. Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the licence holder, a representative of the Chief Constable, a Licensing Standards Officer and consideration of a letter of support which had been tabled by the agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 12, there was submitted a letter of objection from a member of the public and a letter of objection from West End Community Council relevant to this application. The Committee noted that the objectors to the application were not present and agreed that the matter be considered in their absence. The Committee gave consideration to the letter of objection which had been submitted by a member of the public and the letter of objection which had been submitted by West End Community Council. Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the licence holder, a representative of the Chief Constable, a Licensing Standards Officer and consideration of a letter of support which had been tabled by the agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that application be granted.

In the case of Application No 13, reference was made to Article IV(c)(i) of the minute of meeting of this Committee held on 27th April, 2017, wherein it was agreed to defer consideration of the application to this meeting of the Committee to allow the applicant to be present. The Committee noted that the applicant had also submitted an application for variation to the renewal of the licence to remove the current day to day manager in order to be the person responsible for the operation of the licence and manage the property herself. Thereafter, having heard the Private Sector Services Manager, the applicant on their own behalf and consideration of the advice of the Legal Officer, and noting that there were no objections to the applications, the Committee agreed that the applications be granted.

In the case of Application No 15, there was submitted a letter of objection from a member of the public and a letter of objection from West End Community Council relevant to this application. The Committee noted that the objectors to the application were not present and agreed that the matter be considered in their absence. The Committee gave consideration to the letter of objection which had been submitted by a member of the public and the letter of objection which had been submitted by West End Community Council. Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the licence holder, a representative of the Chief Constable, and consideration of the advice of the Legal Officer, the Committee agreed that application be granted.

In the case of Application No 16, reference was made to Article IV(c)(ii) of the minute of meeting of this Committee held on 27th April, 2017, wherein it was agreed to defer consideration of the application to this meeting of the Committee to allow the applicant to be present. There was submitted a letter of observation from the Private Sector Services Manager relevant to this application. The Committee noted that the applicant had also submitted an application for variation of the renewal of the licence to remove the day to day manager in order to be the person responsible for the operation of the licence and manage the property himself. The Committee noted that the applicant was not present and agreed that the matters be considered in their absence. The Committee gave consideration to the content of the letter of observation. Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that the applications be refused.

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.

Vll HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

(i) Reference was made to Article VI(d) of this minute of meeting, wherein it was agreed to consider Application Nos 3, 4, 6, 7, 9, 10 and 14 for renewal of Houses in Multiple Occupation Licences in the private part of the agenda.

There were submitted Application Nos 3, 4, 6, 7, 9, 10 and 14 for renewal of Houses in Multiple Occupation Licences. There were submitted letters of observation from the Private Sector Services Manager relevant to these applications. The Committee gave consideration to the content of the letters of observation which had been submitted. Thereafter, having heard the Private Sector Services Manager, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted, subject to the conditions that the outstanding works in relation to the installation of Residual Current Devices (RCD) protection to the properties in the operation of the licence be completed to the satisfaction of the Private Sector Services Manager with a schedule for the undertaking of these works to be agreed between the applicant and the Private Sector Services Manager.

(ii) Reference was made to Article VI(d) of this minute of meeting wherein it was agreed to consider Application No 5 for renewal of a Houses in Multiple Occupation Licence in the private part of the agenda.

There was submitted Application No 5 for the renewal of a Houses in Multiple Occupation Licence. There was submitted a letter of observation from the Private Sector Services Manager relevant to this application. The Committee gave consideration to the content of the letter of observation which had been submitted. Thereafter, having heard the Private Sector Services Manager, an agent 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 the outstanding works in relation to the installation of Residual Current Devices (RCD) protection to the property in the operation of the licence be completed to the satisfaction of the Private Sector Services Manager with a schedule for the undertaking of these works to be agreed between the applicant and the Private Sector Services Manager.

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

There was submitted a letter of information from the Private Sector Services Manager relative to the conduct of Mr A T during the currency of his registration as a landlord.

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 submitted by the Private Sector Services Manager. Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that Mr A T be considered not fit and proper to be registered as a landlord and that his name be removed from the register of landlords.

(c) REQUEST FOR EXTENSION - DECEASED HMO LICENCE OPERATOR

There was submitted a letter from an agent on behalf of the Executor of the late Mr C W who had been the holder of a Houses in Multiple Occupation Licence, requesting an extension of time to wind-up the estate.

The Committee noted that the agent 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 and consideration of the advice of the Legal Officer, the Committee agreed that an extension be granted up until the meeting of this Committee to be held on 5th October, 2017.

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SECOND HAND DEALER/METAL DEALER - UPDATE

Reference was made to Article VII(a) of the minute of meeting of this Committee held on 12th January, 2017, wherein the Committee agreed to grant the applications submitted by Company D for a Second Hand Dealers Licence and a Metal Dealers Licence and to recall the applications to this meeting of the Committee for an update from the Chief Constable on the operation of the licences.

There was submitted the original letter of objection from the Chief Constable relevant to these applications. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(b) TAXI OPERATOR REQUESTS FOR VARIATION

(i) Reference was made to Article VII(f) of the minute of meeting of this Committee held on 12th January, 2017, wherein the Committee agreed to grant an extension to the variation of the Taxi Operators Licence held by Mr J G to appoint Mr J R as day to day manager to this meeting of the Committee for an update on the operation of the licence as to whether or not the variation was still required.

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 Thereafter, having heard a representative on behalf of the licence holder, and consideration of the advice of the Legal Officer, the Committee agreed that a further extension be granted to the meeting of this Committee to be held on 5th October, 2017.

(ii) Reference was made to Article V(b) of the minute of this Committee held on 27th April, 2017, wherein the Committee agreed to grant the application to the variation to the dress code of the Taxi Drivers Licence held by Mr M J to this meeting of the Committee for an update on the operation of the licence as to whether or not the variation was still required.

There was submitted the original request for variation from Mr M J in relation to 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 application, together with supporting information submitted from the applicant's General Practitioner.

Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the grant of variation be discontinued.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr D McI for a Taxi Driver's Licence.

There was submitted a letter of objection from the Chief Constable relevant to this application. Thereafter, having heard the representative of the Chief Constable and receiving confirmation that the Chief Constable no longer objected to the application, and instead would submit a letter of representation, and having heard the Legal Officer, and noting the agent for the applicant had requested that consideration of the application be deferred, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 7th September, 2017 to allow the applicant to be present.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article V(c)(i) of the minute of meeting of this Committee held on 27th April, 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 a letter of information from the Environmental Compliance Manager and 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 7th September, 2017 to await the outcome of court proceedings.

(ii) Reference was made to Article V(d)(ii) of the minute of meeting of this Committee held on 30th March, 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 this Committee to be held on 7th September, 2017 to await the outcome of court proceedings.

(iii) Reference was made to Article V(c)(ii) of the minute of meeting of this Committee held on 27th April, 2017, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr K H during the currency of his Taxi Driver's Licence to allow the licence holder to be in attendance.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr K H 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 that no further action be taken and that a written warning be issued to the licence holder with regard to their future conduct.

(iv) Reference was made to the decision taken by the Head of Democratic and Legal Services in consultation with the Convener on 29th May, 2017 in terms of delegated powers, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr B L with immediate effect and to hold a hearing in relation to the medical fitness of Mr B L to be the holder of a Taxi Drivers Licence.

There was submitted a letter of information from the PAM Group relevant to the medical fitness of Mr B L to be the holder of a Taxi Drivers Licence.

The Committee gave consideration to the content of the letter.

Thereafter, having heard 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 the medical fitness of Mr B L to be the holder of a Taxi Drivers Licence until the meeting of this Committee to be held on 2nd November, 2017 and to continue the immediate suspension of the Taxi Drivers Licence held by Mr B L during the intervening period.

(v) Reference was made to Article VI(c)(iii) of the minute of meeting of this Committee held on 27th April, 2017, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr G McL and hold a fresh hearing at this meeting of the Committee.

There were submitted letters of information from the Chief Constable relevant to the alleged conduct of Mr G McL 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by Mr G McL with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 7th September, 2017 to await the outcome of court proceedings..

(vi) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 29th May, 2017, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr D P with immediate effect and to hold a hearing at this meeting of the Committee in relation to the fitness of Mr D P 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 D P 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, 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 continue the suspension of the Taxi Drivers Licence held by Mr D P and that a fresh hearing be held at the meeting of this Committee to be held on 7th September, 2017 to await the outcome of court proceedings.

(vii) Reference was made to Article V(c)(vi) of the minute of meeting of this Committee held on 27th April, 2017, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr L R and hold a fresh hearing at 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 L R 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by Mr L R and that a fresh hearing be held at the meeting of this Committee to be held on 7th September, 2017 to await the outcome of court proceedings.

(viii) Reference was made to Article V(d)(iii) of the minute of meeting of this Committee held on 30th 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 allow the licence holder to be present.

Reference was also made to Article II(a)(iii) of the minute meeting of the Licensing Sub-Committee held on 15th June, 2017, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr S U with immediate effect following consideration of a fresh complaint from the Chief Constable in relation to the alleged conduct of Mr S U during the currency of his Taxi Drivers Licence.

There were submitted the original letters of complaint from the Chief Constable relevant to the alleged conduct of Mr S U during the currency of his Taxi Driver's Licence.

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

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing for all of the original complaints to the meeting of this Committee to be held in July, 2017 to allow all matters to be considered at a joint hearing.

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.

(ix) Reference was made to Article II(a) of the minute of meeting of this Committee held on 12th June, 2017, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr C R and hold a fresh hearing at 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 C R 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, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by Mr C R and that a fresh hearing be held at the meeting of this Committee to be held on 7th September, 2017 to await the outcome of court proceedings.

(e) TAXI DRIVER'S LICENCE AND TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article V(d) of the minute of meeting of this Committee held on 27th April, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr P A during the currency of his Taxi Driver's Licence and Taxi Operators 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 P A during the currency of his Taxi Drivers Licence and Taxi Operators 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 this Committee to be held on 7th September, 2017 to await the outcome of court proceedings.

(ii) Reference was made to Article V(e)(i) of the minute of meeting of this Committee held on 30th March, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R K during the currency of his Taxi Driver's Licence and Taxi Operators Licence to this meeting of the Committee to await the outcome of court proceedings and to recall the suspension of the Taxi Drivers Licence held by Mr R K during the intervening period.

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 Drivers Licence and Taxi Operators 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 this Committee to be held on 7th September, 2017 to await the outcome of court proceedings.

(iii) Reference was made to Article VII(c)(ii) 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 K M during the currency of his Taxi Driver's Licence and Taxi Operators Licence to this meeting of the Committee to await the outcome of court proceedings and to recall the suspension of the Taxi Drivers Licence held by Mr K M during the intervening period.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr K M during the currency of his Taxi Drivers Licence and Taxi Operators 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 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 7th September, 2017 to await the outcome of court proceedings.

(f) WINDOW CLEANER - SUSPENSION HEARING

Reference was made to Article V(f) of the minute of meeting of this Committee held on 30th March, 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 Cleaners Licence to this meeting of the Committee to await the outcome of court proceedings and to continue the suspension of the Window Cleaners Licence held by Mr K R during the intervening period.

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 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 this Committee to be held on 7th September, 2017 to await the outcome of court proceedings and to continue the suspension of the Window Cleaners Licence held by Mr K R during the intervening period.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 27th April, 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) PRIVATE HIRE DRIVER'S LICENCE - REQUEST FOR HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S Z during the currency of his Private Hire 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 at the meeting of the Licensing Sub-Committee on 29th June, 2017 in relation to the fitness of Mr S Z to be the holder of a Private Hire Driver's Licence.

(b) TAXI DRIVERS LICENCE - REQUEST FOR HEARING

Reference was made to Article V(d)(iii) of the minute of meeting of the Licensing Committee held on 30th March, 2017 wherein it was agreed to adjourn the hearing in relation to the fitness of Mr S U to be the holder of a Taxi Drivers Licence to the meeting of the Licensing Committee to be held on 29th June, 2017 to await the outcome of court proceedings.

There was submitted a further letter of information from the Chief Constable relative to the alleged conduct of Mr S U 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 joint hearing be held at the meeting of the Licensing Sub-Committee to be held on 29th June, 2017 in relation to the fitness of Mr S U to be the holder of a Taxi Driver's Licence and that should any application for renewal of licence be submitted by the licence holder that that matter also be submitted to the meeting for consideration.

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.

(c) SECOND HAND DEALER'S LICENCE - REQUEST FOR HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of P Ltd during the currency of their Second Hand Dealers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having considered the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held at the meeting of the Licensing Sub-Committee on 29th June, 2017 in relation to the fitness of P Ltd to be the holder of a Second Hand Dealers Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 1st May, 2017.

APPENDIX II

Present:-

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Lesley BRENNAN

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 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 - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C S 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 C S be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr C S to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.

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

APPENDIX III

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 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 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 M A 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 M A be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr M A 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 M A during the intervening period.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 29th May, 2017.

APPENDIX IV

Present:-

Councillor Stewart HUNTER

Councillor Alan G ROSS

Councillor George McIRVINE

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 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 IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D P 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, the Sub-Committee agreed that the Taxi Driver's Licence held by Mr D P be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr D P to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 5th June 2017.

APPENDIX V

Present:-

Councillor Stewart HUNTER

Councillor Ken LYNN

Councillor George McIRVINE

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 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 REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J 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 J H be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr J H to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.