Licensing Sub-committee - 11/01/2018

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 11th January, 2018.

Present:-

Councillor Stewart HUNTER

Bailie Willie SAWERS

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 item of business on the grounds that it 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(d)(vi) of the minute of meeting of the Licensing Sub‑Committee held on 5th October, 2017, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr I B during the currency of his Taxi Driver's Licence.

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 heard the licence holder on their own behalf, a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the hearing be adjourned until the meeting of the Sub-Committee to be held on 29th March, 2018 to allow for an update on payment of the Fixed Penalty Notice to be provided.

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 2nd November, 2017, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr A B during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Environmental Compliance Officer relative to the alleged conduct of Mr A B during the currency of his Taxi Drivers Licence.

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

Thereafter, having heard the Environmental Compliance Officer, 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 final written warning as to their future conduct.

(iii) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 14th December, 2017, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr R C during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr R C during the currency of his Taxi Drivers Licence. There was also submitted a further letter of information relevant to the alleged conduct of Mr R C.

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 letters.

Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the hearing be adjourned until the meeting of the Sub-Committee to be held on 29th March, 2018 to allow for a joint hearing to be held on both matters.

(iv) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub-Committee held on 5th October, 2017, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M J during the currency of his Taxi Driver's Licence to this meeting of the Sub-Committee, to await the outcome of court proceedings.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr M J during the currency of his Taxi Driver's Licence, together with a letter of information from a Licensing Standards Officer.

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

Thereafter, having heard the representative of the Chief Constable, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken, subject to receiving confirmation that the licence holder continued to be eligible to remain within the United Kingdom.

(v) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 14th December, 2017, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr P L during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr P L 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 29th March, 2018 to await the outcome of court proceedings.

(vi) Reference was made to Article II(d)(vi) of the minute of meeting of the Licensing Sub‑Committee held on 5th October, 2017, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr B McG during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Environmental Compliance Officer relative to the alleged conduct of Mr B McG 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 from the Licensing Standards Officer 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 29th March, 2018 to allow the licence holder to be present and that the licence holder be advised that non-attendance may mean the matter being considered in their absence.

(vii) Reference was made to Article II(d)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 5th October, 2017, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr G McN during the currency of his Taxi Driver's Licence.

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 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 29th March, 2018 to await the outcome of court proceedings.

(viii) Reference was made to Article II(d)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 5th October, 2017, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr S M during the currency of his Taxi Driver's Licence.

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 on behalf of the Chief Constable 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.

(b) TAXI OPERATOR - UPDATE

Reference was made to II(c) of the minute of meeting of the Licensing Committee held on 5th October, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M K during the currency of his Taxi Operator's Licence to this meeting of the Licensing Sub‑Committee to allow the licence holder to be present.

There was submitted the original letter of information from the Assistant Corporate Fleet Manager relevant to the alleged conduct of Mr M K during the currency of his Taxi Operator's Licence.

Thereafter, having heard from the Legal Officer, the Sub-Committee agreed that no further action be taken, subject to the licence holder maintaining the vehicle to be used in the operation of the licence to the required standard.

(c) TAXI DRIVER'S LICENCE - REQUEST FOR HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G 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 in due course in relation to the fitness of Mr G D to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.