Licensing Committee - 07/09/2017

At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th September, 2017.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 24th August, 2017 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 12th, 15th, 26th and 29th June, 2017 and 13th and 25th July, 2017 were submitted and noted, copies of which are appended to this minute as Appendices I, II, III, IV, V and VI.

III TAXI LIAISON GROUP - MEMBERSHIP - GMB UNION

The Committee noted that the GMB representative on the Taxi Liaison Group would be Alan Smith.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

ANIMAL BOARDING - NEW APPLICATION

MARKET OPERATOR - NEW APPLICATION

PRIVATE HIRE DRIVERS - NEW APPLICATIONS

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCER AND TATTOOIST - NEW APPLICATIONS

STREET TRADER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

V PET ANIMALS ACT 1951

(a) NEW APPLICATION GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted application had been granted under delegated powers:-

VI CIVIC GOVERNMENT (SCOTLAND) ACT

(a) LATE HOURS CATERING LICENCE - RENEWAL APPLICATION

The Committee, having heard from the Food and Health and Safety Manager and the licence holder on their own behalf, agreed to refuse the above application.

(b) PUBLIC ENTERTAINMENT - NEW APPLICATION

The Committee, having heard from the Environmental Health and Trading Standards Officer and the applicant on their own behalf, agreed to grant the above application.

(c) STREET TRADER - NEW APPLICATION

Reference was made to Article IV(d) of the minute of meeting of this Committee of 12th January, 2017, where the above application was refused.

The Committee, having heard from a representative of the applicant, agreed to grant the above application limited to lunchtime trading only.

(d) STREET TRADER LICENCE - REQUEST FOR VARIATIONS

The Committee, having heard from a representative of the applicant, agreed to a variation to remove Condition 9 from the applicants licence to allow him to trade from a static pitch at Fairfield Sports and Social Club, Drumgeith Road.

The Committee agreed to a variation to remove Condition 9 from the applicants licence to allow him to trade from the same place for more than 15 minutes.

(e) TAXI DRIVER - NEW APPLICATIONS

The Committee, having noted the applicant was not present, agreed to declare the application incompetent.

The Committee, having noted the applicant was not present, agreed to declare the application incompetent.

(f) ELECTRIC VEHICLE - NEW APPLICATIONS

The Committee, having heard from the applicant on their own behalf and the Legal Officer, agreed to refuse the above application.

The Committee, having heard from the applicant on their own behalf, agreed to grant an application for a taxi licence to replace an existing Taxi Operator's Licence with an electric vehicle.

The Committee, having heard from the applicant on their own behalf, agreed to grant an application for a taxi licence to replace an existing Taxi Operator's Licence with an electric vehicle.

The Committee, having heard from the applicant on their own behalf, agreed to grant an application for a taxi licence to replace an existing Taxi Operator's Licence with an electric vehicle.

(g) TAXI OPERATOR - REQUEST FOR EXTENSION

The Committee, having heard from the applicant on their own behalf, agreed to an extension for 28 days.

The Committee, having heard from the applicant on their own behalf, agreed to grant an extension for three months.

The Committee, having noted the applicant was not present, agreed to refuse the above application.

(h) TAXI OPERATOR - REQUEST FOR VARIATION

The Committee agreed to defer the above application to the October meeting of this Committee.

VII 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) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

The undernoted applications have been received:-

In the case of Application No 1, the Committee noted that it had been withdrawn.

In the case of Application Nos 2 to 12, the Committee, having heard from the Private Sector Services Manager and the applicant on their own behalf, agreed to grant the applications.

In the case of Application No 13, the Committee, having heard from the Private Sector Services Manager and the applicant on their own behalf, agreed to grant the application.

In the case of Applications Nos 14 and 15, the Committee having heard from the Private Sector Services Manager and the applicant on their own behalf, agreed to grant the applications.

(c) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

The Committee, having heard from the Private Sector Services Manager and the applicant on their own behalf, agreed to a change to the layout plan.

The Committee, having heard from the Private Sector Services Manager, agreed to a change of day to day manager (change to nominated person within the organisation).

(d) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

Reference was made to Article VI(d) of the minute of meeting of this Committee of 15th June, 2017, where the above application was deferred to allow works to be carried out.

The Committee, having heard from the Private Sector Services Manager and the applicant on their own behalf, agreed to grant the above application, subject to bringing the application back to this Committee on completion of the necessary works.

Reference was made to Article VI(d) of the minute of meeting of this Committee of 15th June, 2017, where the above application was deferred to allow the applicant to attend.

The Committee, having heard from the Private Sector Services Manager and the applicant on their own behalf, agreed to grant the above application.

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.

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a)                           LATE HOURS CATERING LICENCE - RENEWAL APPLICATIONS

The Committee, having heard from the Licensing Standards Officer and the applicant on their own behalf, agreed to declare the above application incompetent.

The Committee agreed to defer the above application.

(b) PRIVATE HIRE DRIVERS LICENCE - SUSPENSION HEARING/RENEWAL APPLICATION

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee of 29th June, 2017, where the Sub-Committee deferred consideration of the hearing to await the outcome of criminal proceedings.

The Committee agreed to defer the above hearing to the October meeting of this Committee.

(c) SECOND HAND DEALER'S LICENCE - NEW APPLICATION

The Committee agreed to defer the above hearing to the October meeting of this Committee.

(d)                           SECOND HAND DEALER'S LICENCE - RENEWAL APPLICATION

Reference was made to Article VI(a) of the minute of meeting of this Committee of 6th October, 2016, where it was agreed to grant the above application but to bring the renewal back for an update.

The Committee, having heard from the Chief Constables representative, agreed to grant the above application.

(e) ELECTRIC VEHICLE - NEW APPLICATION

The Committee, having heard from the applicant, objectors and the Legal Officer, agreed to defer the above application to the October meeting of this Committee and declared incompetent the application to remove the day to day manager.

(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

Reference was made to Article VIII(c) of the minute of meeting of this Committee of 15th June, 2017, where the hearing was deferred to allow the applicant to attend.

This application involved the disclosure of spent convictions which the Committee took into account as it was not satisfied that justice could not otherwise be done.

The Committee, agreed to hear the age and nature of the spent convictions. The Committee, having noted that Mr D McI was not present, agreed to refuse the above application.

(g) TAXI DRIVER'S LICENCE - RENEWAL APPLICATION UPDATES

Reference was made to Article VI(d)(i) of the minute of meeting of this Committee of 2nd June, 2016, where the application was granted but to bring the renewal back for an update.

The Committee, having heard from the Chief Constables representative and the licence holder on their own behalf, agreed to grant the above application.

Reference was made to Article VII(a) of the minute of meeting of this Committee of 28th April, 2016 where the application was granted but to bring the renewal back for an update.

The Committee, having heard from the Chief Constables representative, agreed to grant the above application.

Reference was made to Article VII(b)(i) of the minute of meeting of this Committee of 28th April, 2016, where it was agreed to grant the above application but to bring the renewal back for an update.

The Committee, having heard from the licence holder on their own behalf and the Chief Constables representative, agreed to grant the above application.

(h) TAXI DRIVER - UPDATE

Reference was made to Article VIII(c) of the minute of meeting of this Committee of 3rd November, 2016, where it was agreed to grant the above application but to bring the renewal back for an update.

The Committee, having heard from the licence holder on their own behalf and the Chief Constables representative, agreed to grant the above application.

(i) TAXI DRIVER'S LICENCE - RENEWAL APPLICATIONS

Reference was made to Article VI(c)(i) of the minute of meeting of this Committee of 29th June, 2015, where Mr M A's licence was suspended for the unexpired portion.

The Committee, having heard from the licence holder on their own behalf, agreed to grant the above application.

Reference was made to Article II(a)(iv) of the minute of meeting of the Licensing Sub-Committee of 6th October, 2016, where Mr R C's licence was suspended for the unexpired portion.

The Committee agreed to defer the above application to the October meeting of this Committee.

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee of 6th October, 2016, where Mr J Ds licence was suspended for the unexpired portion.

The Committee agreed that the above application was incompetent.

Reference was made to Article VI(f)(i) of the minute of meeting of this Committee of 1st October, 2015, where Mr D F's licence was suspended for the unexpired portion.

The Committee, having heard from the Chief Constable's representative and the applicant on their own behalf, agreed to refuse the above application.

The Committee, having heard from the Chief Constable's representative and an agent on behalf of the applicant, agreed to grant the above application.

The Committee, having heard from the Chief Constable's representative and the applicant on their own behalf, agreed to grant the above application.

Reference was made to Article VII(b)(v) of the minute of meeting of this Committee of 3rd March, 2016, where Mr D S had his licence suspended for the unexpired portion.

The Committee, having heard from the Executive Director of Neighbourhood Services' representative and the applicant on their own behalf, agreed to lift the suspension, grant the application for six months and call back the application for an update.

Reference was made to Article VI(e)(ii) of the minute of meeting of this Committee of 6th October, 2016, where the immediate suspension of Mr S T's licence was uplifted and send him for a medical.

The Committee, having heard from the Chief Constable's representative and a representative on behalf of the licence holder, agreed to grant the above application.

(j) TAXI DRIVER'S LICENCE/TAXI OPERATOR'S LICENCE - RENEWAL APPLICATIONS

The Committee, having heard from the Chief Constable's representative and the applicant on their own behalf, agreed to grant the above application.

(k) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

The Committee, having heard from the licence holder on their own behalf, agreed to defer the above application to the February, 2018 meeting of this Committee.

(l) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS AND RENEWAL APPLICATIONS

The Committee agreed to defer the above hearing to the November meeting of this Committee.

Reference was made to Article III(a) of the minute of meeting of this Committee of 13th July, 2017, where it was agreed to recall the immediate suspension of Mr M A's licence and defer the hearing.

The Committee agreed to defer the above hearing to the November meeting of this Committee.

Reference was made to Article VIII(e)(i) of the minute of meeting of this Committee of 15th June, 2017, where it was agreed to defer the hearing.

The Committee, agreed to defer the above hearing to the October meeting of this Committee.

Reference was made to Article VIII(d)(i) of the minute of meeting of this Committee of 15th June, 2017, where it was agreed to defer consideration of the hearing.

The Committee, agreed to defer the above hearing to the October meeting of this Committee and accepted inclusion of Appendix 42 as a submission when the hearing is called in October.

Reference was made to Article VIII(d)(ii) of the minute of meeting of this Committee of 15th June, 2017, where it was agreed to defer consideration of the hearing.

The Committee, having heard from the Chief Constable's representative and the licence holder on their own behalf, agreed to grant the above application.

Reference was made to Article VIII(e)(iii) of the minute of meeting of this Committee of 15th June, 2017, where it was agreed to defer the hearing.

The Committee agreed to defer the above hearing to the November meeting of this Committee.

Reference was made to Article III(a)(ii) of the minute of meeting of this Committee of 13th July, 2017, where the immediate suspension was recalled.

The Committee, having heard from the Chief Constable's representative and the licence holder on their own behalf, agreed to defer the above hearing to the November meeting of this Committee.

Councillors Ross and Malone expressed their concern that Mr D P was still able to drive in the interim period.

Reference was made to Article VIII(d)(ix) of the minute of meeting of this Committee of 15th June, 2017, where it was agreed to continue the suspension of the licence and adjourn the hearing.

The Committee, having heard from the Chief Constable's representative and an agent on behalf of the licence holder, agreed to lift the suspension and grant the licence for three months, subject to a recall to this Committee for an update.

Reference was made to Article III(a)(iii) of the minute of meeting of this Committee of 13th July, 2017, where it was agreed to defer consideration of the hearing.

The Committee agreed to declare the above application incompetent.

(m) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS/ RENEWAL APPLICATIONS

Reference was made to Article II(e)(i) of the minute of meeting of the Licensing Sub-Committee of 29th June, 2017, where it was agreed to defer consideration of the hearing.

The Committee agreed to defer the above hearing to the October meeting of this Committee.

Reference was made to Article VIII(e)(iii) of the minute of meeting of this Committee of 15th June, 2017, where it was agreed to defer consideration of the hearing.

The Committee, having heard from the Chief Constable's representative and the licence holder on their own behalf, agreed to grant the above application to December, 2017 and defer the hearing to December, 2017.

(n) TAXI DRIVER LICENCE/PRIVATE HIRE OPERATOR LICENCE - SUSPENSION HEARING/RENEWAL APPLICATION

Reference was made to Article II(d) of the minute of meeting of the Licensing Sub-Committee of 29th June, 2017, where it was agreed to defer consideration of the hearing.

The Committee agreed to defer the above hearing to the October meeting of this Committee.

(o) WINDOW CLEANER'S LICENCE - SUSPENSION HEARING AND RENEWAL APPLICATION

Reference was made to Article II(g) of the minute of meeting of the Licensing Sub-Committee of 29th June, 2017, where it was agreed to defer consideration of the hearing.

The Committee, agreed to defer the above hearing to the October meeting of this Committee.

Stewart HUNTER, Convener.

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

APPENDIX I

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 item 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 T 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 T be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr J T to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.

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

APPENDIX Il

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 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 HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J C 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 J C to be the holder of a Taxi Driver's Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G 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 G M to be the holder of a Taxi Driver'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.

(iii) There was submitted a letter of complaint 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 the Taxi Drivers Licence held by Mr S U be suspended with immediate effect and that a suspension hearing be convened in due course in relation to the fitness of Mr S U 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 26th June, 2017.

APPENDIX III

Present:-

Councillor Stewart HUNTER

Councillor Ken LYNN

Councillor Charlie MALONE

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted item of business on the grounds that 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 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.

Stewart HUNTER, Convener.

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

APPENDIX IV

Present:-

Councillor Stewart HUNTER

Councillor Alan ROSS

Councillor George McIRVINE

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 - SUSPENSION HEARING

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 27th April, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr S Z 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 S Z 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 5th October, 2017 to await the outcome of court proceedings.

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

Reference was made to Article II(e) of the minute of meeting of this Sub-Committee held on 30th March, 2017, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr J M during the currency of his Second Hand Dealers 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 J M during the currency of his Second Hand Dealers Licence. 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 note that no further action was required as no application for renewal of licence had been submitted and as such the licence no longer existed.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(g)(i) of the minute of meeting of this Sub-Committee held on 30th March, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr S C 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 S C during the currency of his Taxi Driver's Licence. The Sub-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 Sub-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.

(ii) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee held on 30th March, 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 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 Driver'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 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(g)(ii) of the minute of meeting of this Sub-Committee held on 30th March, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr B 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 B M 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that no further action was required as no application for renewal of licence had been submitted therefore the licence no longer existed.

(iv) Reference was made to Article II(a)(v) of the minute of meeting of this Sub-Committee held on 30th March, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr T S 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 T S 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to note that no further action was required as no application for renewal of licence had been submitted therefore the licence no longer existed.

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

Reference was made to Article II(i) of the minute of meeting of this Sub-Committee held on 30th March, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr C M 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 C M during the currency of his Taxi Drivers Licence and Private Hire Operator'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 to adjourn the hearing until the meeting of this Sub-Committee to be held on 5th October, 2017 to await the outcome of court proceedings.

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

(i) Reference was made to Article II(h)(i) of the minute of meeting of this Sub-Committee held on 30th March, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Ms A B during the currency of her Taxi Driver's Licence and Taxi Operator's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Ms A B during the currency of her Taxi Drivers Licence and Taxi Operator'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 to adjourn the hearing until the meeting of this Sub-Committee to be held on 5th October, 2017 to await the outcome of court proceedings.

(ii) Reference was made to Article II(h)(ii) of the minute of meeting of this Sub-Committee held on 30th March, 2017, wherein it was agreed to hold a hearing in relation to the fitness of Mr M M to be the holder of a Taxi Drivers Licence and that the licence holder be requested to attend an examination at the PAM Group on his medical fitness.

There was submitted a letter of information from a Licensing Standards Officer relevant to the alleged conduct of Mr M M during the currency of his Taxi Driver's Licence. There was also submitted a report from the PAM Group on the medical fitness of the licence holder.

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

Thereafter, having heard 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 Sub-Committee agreed that no further action be taken and that the matter be recalled to a meeting of this Sub-Committee to be held in 12 months time and that a fresh report be submitted on the medical fitness of the licence holder at that meeting.

(f) TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

Reference was made to Article II(j) of the minute of meeting of this Sub-Committee held on 30th March, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Company F during the currency of their Taxi Operator's Licence.

There was submitted a letter of information from the Assistant Corporate Fleet Manager relevant to the alleged conduct of Company F during the currency of their Taxi Operators Licence.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, and receiving confirmation that the licence holder had requested that the matter be deferred, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 5th October, 2017 to allow the licence holder to be present.

(g) WINDOW CLEANER'S LICENCE - SUSPENSION HEARING

Reference was made to Article II(f) of the minute of meeting of this Sub-Committee held on 30th March, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr D M during the currency of his Window Cleaner'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 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.

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 to adjourn the hearing until the meeting of this Sub-Committee to be held on 5th October, 2017 to await the outcome of court proceedings.

(h) TAXI OPERATOR'S LICENCE - REQUEST FOR SUSPENSION HEARING

There was submitted a note of information together with supporting photographic evidence from the Licensing Office relative to the alleged conduct of Mr A M during the currency of his Taxi Operator's Licence.

The Sub-Committee gave consideration to the content of the note and the supporting photographic evidence. The Sub-Committee noted that the vehicle used in the operation of the licence had been observed indiscriminately parked on two occasions. Thereafter, having heard the Legal Officer, the Sub-Committee agreed that a suspension hearing be held at the meeting of the Licensing Sub‑Committee on 5th October, 2017 in relation to the fitness of Mr A M to be the holder of a Taxi Operator's Licence.

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.

(i) TAXI DRIVERS LICENCE - REQUEST FOR SUSPENSION HEARINGS

(i) There was submitted a note of information from the Licensing Office relative to the alleged conduct of Mr H O during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Sub‑Committee agreed that a hearing be held at the meeting of this Sub-Committee on 5th October, 2017 in relation to the fitness of Mr H O to be the holder of a Taxi Driver's Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M J 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 at the meeting of this Sub-Committee on 5th October, 2017 in relation to the fitness of Mr M J 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 13th July, 2017.

APPENDIX V

Present:-

Councillor Stewart HUNTER

Councillor Alan ROSS

Councillor Charlie MALONE

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 DRIVERS LICENCE - REQUESTS FOR HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr W H 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 at the meeting of the Licensing Sub-Committee on 5th October, 2017 in relation to the fitness of Mr W H to be the holder of a Taxi Driver's Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr B D 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 at the meeting of the Licensing Committee on 7th September, 2017 in relation to the fitness of Mr B D 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 25th July, 2017.

APPENDIX VI

Present:-

Councillor Ken LYNN

Bailie Willie SAWERS

Councillor Charlie MALONE

Councillor Ken LYNN, Depute Convener, in the Chair.

Unless marked thus * all items stand delegated.

The Depute Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted item of business on the grounds that 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

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 12th June, 2017, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr J T with immediate effect.

There was submitted the original letter of information from the Chief Constable relative to the alleged conduct of Mr J T 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 Driver's Licence held by Mr J T be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr J T to be the holder of a Taxi Driver's Licence.

Ken LYNN, Depute Convener.