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Licensing Sub-committee - 05/10/2017

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

 

Present:-

 

Bailie Willie SAWERS

Councillor Stewart HUNTER

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 SUSPENSION HEARINGS

 

(i) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 13th July, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr W H during the currency of his Taxi Drivers Licence.

 

There was submitted a letter of information from the Chief Constable relevant 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 a representative of the Chief Constable, the licence holder on his own behalf and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct.

 

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 29th June, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr M J 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 M J during the currency of his Taxi Drivers Licence. There was also submitted a further letter of information from the Licensing Standards Officer.

 

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, the Licensing Standards Officer, an agent on behalf of the licence holder, 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 in January, 2018 to await the outcome of court proceedings and the appeal to the Home Office to remain resident within the United Kingdom.

(iii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 15th June, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr G M 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 3rd November, 2017 to allow for evidence that the fine placed upon the licence holder had been paid.

 

(iv) There was submitted a letter of information from the Licensing Office relevant to the alleged conduct of Mr A M during the currency of his Taxi Drivers Licence.

 

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

 

The Sub-Committee noted that the licence holder had been observed parking indiscriminately and that he had been previously warned to stop the practice.

 

Thereafter, having heard the licence holder on his own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a written warning as to their future conduct.

 

(v) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 29th June, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr H O'S during the currency of his Taxi Drivers Licence.

 

There was submitted a note of information from the Licensing Office relative to the alleged conduct of Mr H O'S during the currency of his Taxi Driver's Licence.

 

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

 

Thereafter, having heard a representative on behalf of the licence holder, the licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Sub‑Committee agreed to adjourn the hearing in relation to the fitness of Mr H O'S to be the holder of a Taxi Driver's Licence to the meeting of this Sub‑Committee to be held in January, 2018 to allow the licence holder to attend the PAM Group to establish his medical fitness to be the holder of a Taxi Drivers Licence, in terms of Section 13(4) of the Civic Government (Scotland) Act 1982 during the intervening period.

 

(b) TAXI OPERATORS LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article II(f) of the minute of meeting of this Sub-Committee held on 29th June, 2017, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Company F during the currency of their Taxi Operator's Licence to this meeting of the Sub-Committee at the request of the agent on behalf of the licence holder.

 

There was submitted a letter of information from the Plant and Vehicle Officer relevant to the alleged conduct of Company F during the currency of their Taxi Operator's Licence. There was also submitted a letter of support from the agent on behalf of the licence holder.

 

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

 

Thereafter, having heard the Plant and Vehicle Officer, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that no further action be taken.

 

(ii) Reference was made to Article II(c) of the minute of meeting of this Committee held on 30th March, 2017, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr G A during the currency of his Taxi Operator's Licence to allow for improvement in their methods to be ascertained.

 

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

 

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

 

Thereafter, having heard the Plant and Vehicle Officer, 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.

 

(c) TAXI OPERATORS LICENCE - UPDATE

 

Reference was made to Article II(c) of the minute of meeting of this Sub-Committee held on 30th March, 2017, wherein it was agreed to issue a verbal warning to Mr M K to the conduct of Mr M K during the currency of his Taxi Operator's Licence and to adjourn the matter to this meeting of the Sub-Committee for an update on the operation of the licence.

 

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

 

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

 

Thereafter, having heard the Plant and Vehicle Officer and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing to the meeting of the Sub-Committee to be held in January, 2018 to allow the licence holder to be present.

 

(d) TAXI DRIVERS LICENCE REQUEST FOR SUSPENSION HEARINGS

 

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

 

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

 

Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr C M to be the holder of a Taxi Driver's Licence.

 

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

 

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

 

(iv) There was submitted a letter of information from the Enforcement Operations Supervisor relative to the alleged conduct of Mr M Y during the currency of his Taxi Drivers 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 in due course in relation to the fitness of Mr M Y to be the holder of a Taxi Driver's Licence.

 

(v) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr B McG during the currency of his Taxi Drivers 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 in due course in relation to the fitness of Mr B McG to be the holder of a Taxi Driver's Licence.

 

(vi) There was submitted a letter of information from the Environmental Compliance Officer relative to the alleged conduct of Mr I B during the currency of his Taxi Drivers 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 in due course in relation to the fitness of Mr I B to be the holder of a Taxi Driver's Licence.

 

 

 

 

Stewart HUNTER, Convener.