Licensing Committee - 07/06/2018

At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th June, 2018.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 3rd May, 2018 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 30th April, 2018 and 3rd May, 2018 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

III 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.

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALERS - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

(b) NEW PUBLIC ENTERTAINMENT RESOLUTION

Reference was made to Article IV(c) of the minute of meeting of 29th March, 2018, wherein the Committee adopted the proposal for a new public entertainment resolution as a replacement for the current resolution on the scope of Public Entertainment Licensing in Dundee.

There was submitted Agenda Note AN40-2018 reporting that this resolution had been advertised in accordance with Section 9 of the Civic Government (Scotland) Act 1982 and no representations had been received.

Thereafter, having heard the Legal Officer, the Committee agreed to approve the resolution to come into force on 1st April, 2019.

(c) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence.

There was submitted a letter of information from Environmental Health and Trading Standards and the Licensing Standards Officers relevant to this application.

The Committee gave consideration to the content of the letters.

Thereafter, having heard the Environmental Health Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(d) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee noted that an application had been made for a taxi licence to replace an existing taxi licence with an electric vehicle. The existing licence holder was Michael Selvey (OP700), Directors of Hawkhill Taxi Company were Michael Selvey and James Marr.

Thereafter, having heard a representative on behalf of the applicant and having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

IV HOUSING (SCOTLAND) ACT 2006

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

HOUSES IN MULTIPLE OCCUPATION NEW APPLICATIONS

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Applications Nos 1 to 3, the Committee gave consideration to letters of observation which had been submitted by the Private Sector Services Manager relevant to these applications. Thereafter, having heard the Private Sector Services Manager, Neighbourhood Services and the applicants on their own behalf, the Committee agreed that the applications be granted.

(c) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, there was submitted a letter of objection from a member of the public relevant to this application. The Committee noted that the member of the public who had objected to this application was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the letter of objection which had been submitted. Thereafter, having heard the Private Sector Services Manager, an agent on behalf of the applicant, the representative of the Chief Constable, a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the condition of the non-use of the area to the rear of the property by tenants.

In the case of Application No 2, there was submitted a letter of objection from a member of the public and a letter of observation from the Private Sector Services Manager, Neighbourhood Services relevant to this application. The Committee noted that the member of the public who had objected to this application was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letters. There was also submitted an application to vary the person responsible for the day to day management of the property to Rockford Properties Ltd. Thereafter, having heard the Private Sector Services Manager, an agent on behalf of the applicant, the representative of the Chief Constable and a Licensing Standards Officer, the Committee agreed that the application be granted. The Committee also agreed to the request for variation of the licence to allow Rockford Properties Ltd to be appointed as managing agent in the day to day operation of the licence.

In the case of Application No 3, there was submitted a letter of observation from the Private Sector Services Manager, Neighbourhood Services, relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager and a representative on behalf of the applicant, the Committee agreed that the application be granted.

In the case of Application No 4, there was submitted a letter of observation from the Private Sector Services Manager relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager and a representative on behalf of the applicant, the Committee agreed that the application be granted.

In the case of Application No 5, there was submitted a letter of observation from the Private Sector Services Manager relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager and the applicant on their own behalf, the Committee agreed that the application be granted.

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) LANDLORD REGISTRATION

 

There was submitted a letter of information from the Private Sector Services Manager relevant to the registration of Mr J F as a landlord. The Committee noted that the applicant 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 Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 28th June, 2018 to allow the applicant to be present.

 

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) ITINERANT METAL DEALER - NEW APPLICATION

 

Reference was made to Article VIII(b) of the minute of meeting of this Committee held on 29th March, 2018, wherein it was agreed to defer consideration of the application submitted by Mr M P for an Itinerant Metal Dealers Licence to this meeting of the Committee to await the outcome of court proceedings.

 

There was submitted an application by Mr M P for an Itinerant Metal Dealers Licence. There was submitted a letter of objection from the Chief Constable relevant to the application by Mr M P for an Itinerant Metal Dealer's Licence. There was submitted a letter of objection from the City Development Department relevant to the application by Mr M P for an Itinerant Metal Dealer's Licence. There was submitted a letter of information from the Licensing Standards Officer relevant to the application by Mr M P for an Itinerant Metal Dealer's Licence. There was submitted a letter of information from SEPA relevant to the application by Mr M P for an Itinerant Metal Dealers Licence. There was also submitted a further letter from Neighbourhood Services (Environmental Section) requesting a condition be added to the licence application

 

In the case of 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 to the content of the letters.

 

 

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred until the meeting of this Committee to be held on 6th September, 2018 to await the outcome of court proceedings.

 

(b) LATE HOURS CATERING LICENCE SUSPENSION HEARING

 

Reference was made to Article VI(a) of the minute of meeting of the Licensing Committee held on 3rd May, 2018, wherein the Committee agreed to adjourn the suspension hearing in relation to the alleged conduct of Company M during the currency of their Late Hours Catering Licence to the meeting of this Committee to be held on 1st November, 2018.

 

There was submitted a letter of information from the Finance Division of Corporate Services relative to the alleged conduct of Company M during the currency of their Late Hours Catering Licence requesting that the hearing be held at an earlier meeting of the Committee.

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the hearing in relation to the alleged conduct of Company M during the currency of their Late Hours Catering Licence be held at the meeting of this Committee to be held on 28th June, 2018.

 

(c) SECOND HAND DEALERS LICENCE NEW APPLICATIONS

 

(i) There was submitted an application by Company M for a Second Hand Dealers Licence.

 

There was submitted a letter of objection from a member of the public relevant to this application.

 

Thereafter, having heard the Legal Officer, the Committee agreed to note that the application had been withdrawn from consideration by the applicant.

 

(ii) There was submitted an application by Company G for a Second Hand Dealers Licence.

 

The Committee gave consideration to the application.

 

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 until the meeting of this Committee to be held on 6th September, 2018 subject to the conditions that the previous licence holder Mr M had no involvement in the day to day management of the business or benefit financially from the business and that the Licensing Office be notified when Mr Ms brother had left the business.

 

(d) SECOND HAND DEALERS SUSPENSION HEARING

 

Reference was made to Article VIII(d) of the minute of meeting of this Committee held on 29th March, 2018, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr S M during the currency of his Second Hand Dealers Licence to this meeting of the Committee to await the outcome of court proceedings and to continue the suspension of the Second Hand Dealers Licence held by Mr S 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 S M during the currency of his Second Hand Dealers Licence.

 

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 further adjourn the hearing in relation to the alleged conduct of Mr S M during the currency of his Second Hand Dealers Licence until the meeting of this Committee to be held on 28th June, 2018 to await the outcome of court proceedings and to continue the immediate suspension of the Second Hand Dealers Licence held by Mr S M during the intervening period with immediate effect.

 

(e) TAXI DRIVER NEW APPLICATION

 

There was submitted an application by Mr D C for a Taxi Licence.

 

There was submitted a letter of representation from the Chief Constable relevant to this application.

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having heard a representative of the Chief Constable, a representative on behalf the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the application for a period of six months and that an update on the operation of the licence be provided at the meeting of the Licensing Committee to be held on 10th January, 2019.

 

(f) TAXI DRIVERS LICENCE APPLICATION - UPDATE

 

Reference was made to Article V(i)(iii) of the minute of meeting of this Committee held on 5th October, 2017, wherein it was agreed to recall the Taxi Drivers Licence held by Mr S R to this meeting of the Committee for an update to be provided on the licence holders immigration status.

 

There was submitted the original letter of information from a Licensing Standards Officer relevant to the application by S R for a Taxi Drivers Licence.

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having heard a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the matter to the meeting of this Committee to be held on 6th September, 2018 for an update on the licence holders immigration status.

 

(g) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article VI(e)(i) of the minute of meeting of this Committee held on 3rd May, 2018, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr C H 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 Drivers Licence held by Mr C 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 C H 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, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of supporting documents which had been tabled by the agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr C H during the currency of his Taxi Drivers Licence until the meeting of this Committee to be held on 6th September, 2018 to await the outcome of court proceedings and to recall the suspension of the Taxi Drivers Licence held by Mr C H during the intervening period with immediate effect.

 

 

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 30th April, 2018, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr G McH with immediate effect and to hold a hearing in relation to the fitness of Mr G McH to be the holder of a Taxi Drivers Licence.

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G McH 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, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Committee agreed that no further action be taken and to recall the immediate suspension of the Taxi Driver's Licence held by Mr G McH with immediate effect.

 

(iii) Reference was made to Article V(e)(ii) of the minute of meeting of the Licensing Committee held on 3rd May, 2018, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr J M during the currency of his Taxi Drivers Licence to this meeting of the Committee to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr J M with immediate effect during the intervening period.

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J M 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 and receiving confirmation that the licence holder had been found 'not guilty' in a court of law, the Committee agreed that no further action be taken and to recall the immediate suspension of the Taxi Driver's Licence held by Mr J M with immediate effect.

 

(iv) Reference was made to Article VI(e)(iv) of the minute of meeting of the Licensing Sub‑Committee held on 3rd May, 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 Drivers Licence to this meeting of the Committee to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr M T with immediate effect during the intervening period.

 

There were submitted letters of information from the Chief Constable relative 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 letters.

 

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to further adjourn the hearing in relation to the alleged conduct of Mr M T during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 6th September, 2018 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr M T during the intervening period with immediate effect.

 

(h) TAXI DRIVER'S AND TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

 

Reference was made to Article VIII(h)(ii) of the minute of meeting of this Committee held on 29th March, 2018, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr K M during the currency of his Taxi Driver's Licence and Taxi Operators Licence to this meeting of the 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 K M during the currency of his Taxi Driver's Licence and Taxi Operators Licence.

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having heard a representative of the Chief Constable, 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 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.

 

 

 

 

Stewart HUNTER, Convener.

 

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 30th April, 2018.

 

APPENDIX I

 

Present:-

 

Councillor Stewart HUNTER

Councillor Gregor MURRAY

Councillor Margaret RICHARDSON

 

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 ground 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 REQUEST FOR IMMEDIATE SUSPENSION

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G McH 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 G McH be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr G McH to be the holder of a Taxi Drivers Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 3rd May, 2018.

 

APPENDIX II

 

Present:-

 

Councillor Stewart HUNTER

Councillor Alan ROSS

Councillor Margaret RICHARDSON

 

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 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) WINDOW CLEANER'S LICENCE REQUEST FOR HEARING

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A W during the currency of his Window Cleaner'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 a hearing be held in due course in relation to the fitness of Mr A W to be the holder of a Window Cleaner's Licence.

 

 

 

 

Stewart HUNTER, Convener.