Licensing Sub-committee - 29/06/2017

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

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.

(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.

(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.

(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.

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Licensing Sub-committee - 29/06/2017

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

I DECLARATION OF INTEREST

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Dundee City Council