Licensing Committee - 02/08/2018

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd August, 2018.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 28th June, 2018 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NOTIFICATION OF PUBLIC PROCESSION

There was submitted the undernoted notification.

In the case of this notification, the Committee noted that the organiser was not present and agreed that the matter be considered in their absence. There was submitted a letter of representation from the Chief Constable and comments from the Head of Planning and Economic Development, City Development Department. There were also tabled letters of objection which had been received from members of the public relevant to this notification. The Committee noted that the objectors were not present. The Committee gave consideration to the content of the documents submitted. Thereafter, having heard the representative of the Chief Constable, the Head of Planning and Economic Development and consideration of the advice of the Senior Electoral Services and Licensing Officer and the Legal Officer, the Committee agreed that the procession proceed as notified, subject to the conditions that traffic management and stewarding plans be put in place to the satisfaction of the Planning Section of City Development.

(b) STREET TRADER - VARIATION TO CONDITIONS

The Committee agreed that Conditions 9 and 10 be removed from the standard lists for the following activities: Car Valeters, Wheelie Bin Cleaners and Dog Washers.

(c) TAXI LIAISON MEMBERSHIP

There was submitted Report No 233-2018 by the Head of Democratic and Legal Services to review the criteria for membership of the Taxi Liaison Group.

There was also tabled comments from Graeme Stephen on behalf of Dundee Taxi Association.

The Committee gave consideration to the content of the report and the comments received.

Thereafter, the Committee agreed:-

(i) that the membership of the Taxi Liaison Group be reconstituted as follows:-

(a) One representative from each office and organisation meeting the criteria at paragraph 2.1(ii) of the report shall be entitled to attend meetings of the Taxi Liaison Group;

(b) Trade associations would only be entitled to send a representative provided they were able to demonstrate to the Licensing Committee that the associations each represented no less than 5% of licensed taxi drivers/operators in the City of Dundee (in the case of offices, these must demonstrate that at least 5% of licensed taxis/private hire cars operated from their premises); and

(c) The meeting of the Taxi Liaison Group to be held on 21st August, 2018 be the last meeting held involving the current membership and that no further meetings be held until the proposed new meeting structure had been established.

(ii) that the Head of Democratic and Legal Services be instructed to write to all of the current Trade association and office members of the Group requesting that they provide a list of those licensed taxis/private hire cars/taxi drivers which were affiliated to them in order that entitlement to membership in accordance with (i) (a) and (b) above could be ascertained; and

(iii) that the Head of Democratic and Legal Services report back to a meeting of the Licensing Committee with a list of those Trade associations and offices which met the proposed new criteria in order that the revised membership of the Group could be confirmed by the Licensing Committee.

(d) PRIVATE HIRE OPERATOR REQUEST FOR EXTENSION

There was submitted the undernoted request for variation.

In the case of this application, reference was made to Article III(g) of the minute of meeting of this Committee held on 28th June, 2018, wherein the Committee agreed to grant a further extension of time to place a vehicle in service until this meeting of the Committee.

Thereafter, having considered the advice of the Legal Officer, the Committee agreed to note that no further action was required as the licence had been surrendered.

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.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING LICENCE - SUSPENSION HEARING

Reference was made to Article VI(b) of the minute of meeting of this Committee held on 7th June, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Company M during the currency of their Late Hours Catering Licence at this meeting of the Licensing Committee.

There were submitted the original letters of information from the Finance Section of Corporate Services relevant to the alleged conduct of Company M during the currency of their Late Hours Catering Licence.

The Committee gave consideration to the content of the letters.

Thereafter, having heard representatives of the Head of Corporate Finance, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to suspend the Late Hours Catering Licence held by Company M for the unexpired portion of the licence and that the suspension not take effect subject to the licence holder paying the sum of 17,000 to the City Council as part payment of the outstanding debt owed to the Council within the following seven days as offered by the licence holder, and that, thereafter, payment arrangements for the remaining outstanding debt owed to the Council be on the basis of 500 per week for previous years debt and 375 per week for debt accruing from current year and that the hearing be adjourned to the meeting of this Committee to be held on 4th October, 2018 for a report on the progress of payments, and to allow for a report on the position in relation to those other companies which were operating under the Late Hours Catering Licence held by Company M.

(b) TAXI DRIVERS LICENCE - SUSPENSION HEARING

Reference was made to Article IV(d)(v) of the minute of meeting of this Committee held on 1st February, 2018, 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 to continue the suspension of the Taxi Driver's Licence held by Mr S T with immediate effect during the intervening period.

There were submitted the original letters of information from the Chief Constable relevant to the alleged conduct of Mr S T during the currency of his Taxi Drivers Licence and a report from the PAM Group relevant to the medical fitness of Mr S T to be the holder of a Taxi Drivers Licence.

The Committee gave consideration to the content of the letters.

Thereafter, having heard the representative of the Chief Constable, the Senior Electoral Services and Licensing Officer, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to suspend the Taxi Drivers Licence held by Mr S T for its unexpired portion but that delegated authority be given to the Head of Democratic and Legal Services in consultation with the Convener of the Licensing Committee to recall the suspension of the Taxi Drivers Licence held by Mr S T should confirmation be received from the PAM Group and DVLA that Mr S T was medically fit to be the holder of a Taxi Drivers Licence.

(c) TAXI DRIVERS LICENCE - SUSPENSION HEARING AND PRIVATE HIRE OPERATORS LICENCE - RENEWAL

Reference was made to Article V(d) of the minute of meeting of this Committee held on 28th June, 2018, wherein the Committee agreed to defer consideration of the application by Mr L E for renewal of his Private Hire Operators Licence to this meeting of the Committee, to allow for a hearing to be held in relation to the alleged conduct of Mr L E during the currency of his Taxi Drivers Licence.

There was submitted the original letter of information from a Civic Licensing Standards Officer relevant to the alleged conduct of Mr L E during the currency of his Taxi Driver's Licence, together with a letter of support submitted by the licence holder.

The Committee gave consideration to the content of the letter.

Thereafter, having heard the Civic Licensing Standards Officer, the Senior Electoral Services and Licensing Officer, the licence holder on their own behalf and consideration of the advice of the Legal Officer, and consideration of a further letter of support tabled by the licence holder, the Convener, seconded by Councillor Cordell, moved that the Taxi Drivers Licence held by Mr L E be suspended for the unexpired portion of the licence and that the application for renewal of the Private Hire Operators Licence held by Mr L E be refused.

As an amendment, Councillor Richardson, seconded by Councillor Alexander, moved that no further action be taken in relation to the Taxi Drivers Licence held by Mr L E and that the application by Mr L E for renewal of his Private Hire Operators Licence be granted.

On a division, there voted for the motion - Councillors Hunter, Cordell and Flynn (3); and for the amendment - Councillors McIrvine, Richardson and Alexander (3) - there being a parity of votes the Convener agreed to use his casting vote in favour of the motion - whereupon the motion was declared carried.

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

Reference was made to Article V(c) of the minute of meeting of this Committee held on 28th June, 2018, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Ms A B during the currency of her Taxi Driver's Licence and Taxi Operators Licence to this meeting of the Committee to await the outcome of court proceedings.

There were submitted the original letters of information from the Chief Constable relevant to the alleged conduct of Ms A B during the currency of her 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 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.

Stewart HUNTER, Convener.