Licensing Committee - 01/02/2018

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st February, 2018.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 11th January, 2018 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Richardson declared a non-financial interest in relation to the item of business at Article II(d) of this minute by virtue of the applicant being known to her in a personal capacity by virtue of a member of her family being in the employment of the applicant, and left the Chamber prior to its consideration. Councillor Richardson re-entered the Chamber prior to consideration of the item of business at Article II(e).

II 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.

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATION

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

(b) USE OF THE CITY SQUARE - PROHIBITION OF COMMERCIAL USE

There was submitted Agenda Note AN2-2018 reporting that the current policy regarding events in the City Square prohibited any commercial use or promotion of commercial businesses. It was reported that due to the increasing number of events elsewhere in the city, approaches had been made for the Committee to reconsider the policy prohibiting commercial events in the City Square. Discussions had taken place with the City Centre Manager and she had indicated that she would be willing, if the Committee were prepared to remove this prohibition, to consider accepting bookings for the City Square from commercial enterprises.

The Committee agreed:-

(i) to discontinue applying the current policy prohibiting commercial events in the City Square;

(ii) that a fee be charged for any application for use of the City Square for commercial purposes, to cover the cost of processing the applications;

(iii) that the fee be the same as a standard Premises Licence application fee which was 140; and

(iv) that this be in addition to any charge made by the City Development Department for the lease of the City Square for such events.

(c) BOAT HIRE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, having heard the applicant on their own behalf and taken into consideration the advice of the Legal Officer, the Committee agreed that the application be granted, subject to adherence by the applicant to the Tay Dolphin Boat and Jet Ski Code and that due consideration be shown to other users of the slipway at Broughty Ferry Harbour.

(d) LATE HOURS CATERING - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, reference was made to Article IV(b) of the minute of meeting of this Committee held on 11th January, 2018, wherein it was agreed to defer consideration to the application to allow the applicant to be in attendance. There were submitted letters of objection from members of the public relevant to this application. The Committee gave consideration of the content of the objections.

Thereafter, having heard the agent on behalf of the objectors who also submitted a list of objectors and photographic evidence, two objectors on their own behalf, the agent for the applicant, the representative of the Chief Constable, an Environmental Health Officer, 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 conditions including adherence to the effect of litter management at the location and remedy of the smoking nuisance problem highlighted by the objectors to be remedied.

(e) APPLICATION FOR CORPORATE PLATES FOR ELECTRIC VEHICLES - PROPOSED FEE

There was submitted Agenda Note AN3-2018 reporting that since the introduction of the above policy it had not been the practice to charge a fee for applications for corporate plates for electric vehicles.

The Committee agreed that due to the huge volume of the number of applications which had been received and the work involved in processing these, that the standard Taxi Licence fee of 230 be charged for the processing of applications for corporate plates for electric vehicles, and that this be effective from 1st February, 2018.

(f) TAXI OPERATOR - REQUEST FOR EXTENSION - ELECTRIC VEHICLES

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article III(b) of the minute of meeting of this Committee held on 14th December, 2017, wherein it was agreed to grant the application. There was submitted a request for an extension of the period of time required for placing a vehicle in service for the operation of the licence and thereafter, having heard the applicant on their own behalf, the Licensing Standards Officer 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 1st March, 2018 to allow the applicant to provide details as to when the vehicle to be used in operation of the licence would be available to be placed on service.

In the case of Application No 2, reference was made to Article III(b) of the minute of meeting of this Committee held on 14th December, 2017, wherein it was agreed to grant the application. There was submitted a request for an extension of the period of time required for placing a vehicle in service for the operation of the licence. Thereafter, having heard the applicant on their own behalf, the Licensing Standards Officer 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 1st March, 2018 to allow the applicant to provide details as to when the vehicle to be used in the operation of the licence would be available to be placed on service.

In the case of Application No 3, reference was made to Article III(b) of the minute of meeting of this Committee held on 14 December, 2017, wherein it was agreed to grant the application. There was submitted a request for an extension of the period of time required for placing a vehicle in service for the operation of the licence. Thereafter, having heard the applicant on their own behalf, the Licensing Standards Officer 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 1st March, 2018 to allow the applicant to provide details as to when the vehicle to be used in the operation of the licence would be available to be placed on service.

(g) TAXI AND PRIVATE HIRE BOOKING OFFICE LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, reference was made to Article IV(c) of the minute of meeting of this Committee held on 11th January, 2018, wherein it was agreed to defer consideration of the application to allow the applicant to be in attendance and for an inspection to be carried out by Environmental Health and Trading Standards. There were submitted comments from Environmental Health and Trading Standards relevant to this application. The Committee gave consideration to the content of the comments. 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.

III 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) VARIATION APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

(c) HOUSES IN MULTIPLE OCCUPATION - FEES 2018/2019

There was submitted Agenda Note AN4-2018 reporting that Houses in Multiple Occupation Fees required to be reviewed to take into account increased staffing costs to the Council reflecting an increasing volume of work and additional fire related inspections now being carried out by Council Officers.

The proposed revised fee scales were as follows:

The fee for each occupancy level was in two parts, the basic fee and an additional fee charged for each individual additional inspection over and above the maximum number of inspection visits indicated in the current Guidance Notes and Standards for Shared Accommodation. Additional inspection fees would only be raised where an excess number of inspections were required.

Variations

Where an applicant/licence holder wished to vary his licence/licence application as a result of a proposed change in occupancy level, a change of day to day manager or as a result of a physical change to the layout of the property, an application would be required to enable a new licence to be granted. A reduced application fee would apply, as indicated below:

The Committee agreed to the fees as proposed and that they be effective from 1st April, 2018.

(d) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 8, reference was made to Article VII(a) of the minute of meeting of this Committee held on 15th June, 2017, wherein the applications were granted subject to the condition that RCD Protection be provided in accordance with the requirements contained in the memoranda for the timescale to be agreed with the Private Sector Services Unit which were submitted. The Committee noted that the applicants had appealed to the Sheriff against the wording of the condition and that the Sheriff had remitted the matter back to the Committee for reconsideration of the wording of the condition. Thereafter, having heard an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the applications be deferred to the meeting of this Committee to be held on 1st March, 2018 to allow the agent to take advice from his client on the proposed conditions.

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.

 

(a) APPLICATION FOR LANDLORD REGISTRATION

 

There was submitted a letter of information from the Private Sector Services Manager relevant to the application by Mr K OH for 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.

 

Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the matter to the meeting of this Committee to be held on 1st March, 2018 to allow the licence holder to be present.

 

(b) REMOVAL FROM LANDLORD REGISTRATION

 

(i) There was submitted a letter of information from the Private Sector Services Manager relevant to the registration of Mr S McM as a landlord.

 

Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the matter to the meeting of this Committee to be held on 1st March, 2018 to allow the licence holder to be present.

 

(ii) There was submitted a letter of information from the Private Sector Services Manager relevant to the registration of Mr G A as a landlord.

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having heard the Private Sector Services Manager, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that Mr G A be considered not fit and proper and that he be removed from the register of landlords.

 

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) REQUEST FOR EXTENSION - DECEASED HMO LICENCE OPERATOR

 

Reference was made to Article VI(g) of the minute of meeting of this Committee held on 2nd November, 2017, wherein the Committee agreed to the request from the Executor of the late Mr C W who had been a holder of a House in Multiple Occupation Licence for an extension of time to wind-up his estate until this meeting of the Committee.

 

Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that a further extension be granted up until 1st March, 2018 to allow for information on the position of the estate to be provided.

 

(b) SECOND HAND DEALER - NEW APPLICATION

 

Reference was made to Article V(b) of the minute of meeting of this Committee held on 14th December, 2017, wherein it was agreed to defer the application by Ms L M for a Second Hand Dealers Licence to allow the applicant to be in attendance. There was submitted an application by Ms L M for a Second Hand Dealers Licence, there were submitted observations from Neighbourhood Services (Environment) relevant to this application. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee gave consideration of the content of the observations. The Committee also gave consideration to a letter which had been tabled outlining the reasons for the non-attendance by the applicant. Thereafter, having heard the Environmental Health Officer, the Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

 

(c) TAXI OPERATOR - REQUEST FOR VARIATIONS

 

(i) Reference was made to Article V(d) of the minute of meeting of this Committee held on 14th December, 2017, wherein the Committee agreed to grant the variation by Mr J G to this meeting of the Committee to allow the applicant to provide details on the progress of applying for a corporate plate in relation to the operation of the licence.

 

The Committee gave consideration to the grounds of the application.

 

The Committee gave consideration to the application. Thereafter, having heard the licence holder on their own behalf, a representative of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to note that no further action was required and that no further extension to variation was required as the licence holder was now responsible for the day to day operation of the licence and the named day to day manager was to be removed from the licence.

 

(ii) There was submitted a request for variation from Mr J R in relation to his Taxi Operator's Licence.

 

The Committee gave consideration to the grounds of the application, together with supporting information submitted from the applicant's General Practitioner.

 

Thereafter, having heard the Licensing Standards Officer, the applicant on their own behalf, consideration of a letter of support which had been tabled on behalf of the licence holder, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the application to substitute a saloon car for a wheelchair accessible vehicle car be granted and that a Letter of Exemption in relation to wheelchair work be issued to the licence holder during the intervening period.

 

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article VI(f)(iii) of the minute of meeting of this Committee held on 11th January, 2018, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr S A during the currency of his Taxi Driver's Licence to the meeting of the Committee, to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr S A with immediate effect during the intervening period.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr S A 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 to adjourn the hearing in relation to the alleged conduct of Mr S A during the currency of his Taxi Drivers Licence until the meeting of this Committee to be held in 29th March, 2018 and to continue the immediate suspension of the Taxi Drivers Licence held by Mr S A during the intervening period.

 

(ii) Reference was made to Article V(k) of the minute of meeting of this Committee held on 7th September, 2017, wherein the Committee agreed to adjourn consideration of the hearing in relation to the fitness of Mr J H to be the holder of a Taxi Driver's Licence to this meeting of the Committee, to await the report from the PAM Group on the fitness of Mr J H to be the holder of a Taxi Driver's Licence and to continue the suspension of the Taxi Drivers Licence held by Mr J H with immediate effect during the intervening period.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr J H during the currency of his Taxi Driver's Licence and the original report from the PAM Group.

 

Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to note that no further action was required as the Taxi Drivers Licence held by Mr J H had been surrendered by the licence holder.

 

(iii) Reference was made to Article V(e)(i) of the minute of meeting of this Committee held on 14th December, 2017, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr C M during the currency of his Taxi Driver's Licence to this meeting of the Committee, to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr C M with immediate effect during the intervening period.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr C M during the currency of his Taxi Drivers Licence. Thereafter, having heard from a representative of the Chief Constable, a representative of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to recall the suspension of the Taxi Drivers Licence held by Mr C M with immediate effect and that a written warning be issued to the licence holder in relation to their future conduct and that no further action be taken unless a fresh complaint was received from the Chief Constable.

 

(iv) Reference was made to Article VI(f)(viii) of the minute of meeting of this Committee held on 11th January, 2018, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M T during the currency of his Taxi Driver's Licence to this meeting of the Committee, to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr M T with immediate effect during the intervening period.

 

There was submitted an original letter of information from the Chief Constable relevant to the alleged conduct of Mr M T 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 adjourn the hearing in relation to the alleged conduct of Mr M T during the currency of his Taxi Drivers Licence until the meeting of this Committee to be held on 3rd May, 2018 and to continue the immediate suspension of the Taxi Drivers Licence held by Mr M T during the intervening period with immediate effect.

 

(v) Reference was made to Article V(k)(v) of the minute of meeting of this Committee held on 5th October, 2017, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr S T during the currency of his Taxi Driver's Licence to this meeting of the Committee, to await the outcome of court proceedings and the report from the PAM Group or the fitness of the licence holder to be the holder of a Taxi Drivers Licence and to continue the suspension of the Taxi Driver's Licence held by Mr S T with immediate effect during the intervening period.

 

There was submitted an original letter of information from the Chief Constable relevant to the alleged conduct of Mr S T 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, Councillor Cordell, seconded by Councillor Ross, agreed that the suspension of the Taxi Drivers Licence held by Mr S T not be recalled and that the hearing be adjourned until the meeting of this Committee to be held on 3rd May, 2018.

 

As an amendment, Councillor Lynn, seconded by Councillor McIrvine, moved that suspension of the Taxi Drivers Licence held by Mr S T be recalled with immediate effect and that the hearing be adjourned until the meeting of this Committee to be held on 3rd May, 2018 to await the outcome of court proceedings. On a division, there voted for the motion - Councillors Cordell, Ross and Richardson (3); and for the amendment - Councillors Lynn and McIrvine (2) - whereupon the motion was declared carried. Councillor Hunter abstained from voting on the matter.

 

(e) TAXI DRIVER'S LICENCE - UPDATES

 

(i) The Committee agreed to grant a temporary Taxi Drivers Licence to Mr M K and to obtain confirmation from the UK Borders Agency in relation to his immigration status.

 

Thereafter, having heard a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken as the licence holder had submitted evidence that they may remain resident in the United Kingdom until 2020.

 

(ii) Reference was made to Article V(i)(vii) of the minute of meeting of this Committee held on 7th September, 2017, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr D S during the currency of his Taxi Driver's Licence to this meeting of the Committee for an update to be provided regarding payment of an outstanding fine.

 

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

 

Thereafter, having heard a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed to note that no further action was required as the fine had now been paid in full.

 

(f) TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

 

Reference was made to VI(g) of the minute of meeting of this Committee held on 11th January, 2018, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr R A to be the holder of a Taxi Operators Licence to allow the licence holder to appoint a day-to-day manager.

 

There was submitted a letter of information from the PAM Group relevant to the fitness of Mr R A to be the holder of a Taxi Operators 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 the appointment of Mr T D as day to day manager of the Taxi Operators Licence held by Mr R A for a period of six months and that an update on the operation of the licence be provided at the meeting of this Committee to be held in September, 2018.

 

 

 

 

Stewart HUNTER, Convener.