Licensing Sub-committee - 28/06/2018
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 28th June, 2018.
Present:-
Councillor Stewart HUNTER
Bailie Willie SAWERS
Councillor Charlie MALONE
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 DRIVER'S LICENCE SUSPENSION HEARINGS
(i) Reference was made to Article II(a)(vii) of the minute of meeting of this Sub‑Committee held on 29th March, 2018, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr R C 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 R C during the currency of his Taxi Driver's 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 further adjourn the hearing until the meeting of this Sub-Committee to be held on 4th October, 2018 to await the outcome of court proceedings.
(ii) Reference was made to Article II(a)(iii) of the minute of meeting of this Sub-Committee held on 29th March, 2018, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr G D 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 G D during the currency of his Taxi Driver's 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 further adjourn the hearing until the meeting of this Sub-Committee to be held on 4th October, 2018 to await the outcome of court proceedings.
(iii) Reference was made to Article II(b)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 29th March, 2018, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr R H during the currency of his Taxi Driver's Licence.
There were submitted letters of information from the Chief Constable relative to the alleged conduct of Mr R H during the currency of his Taxi Drivers Licence.
The Sub-Committee gave consideration to the content of the letters.
Thereafter, having heard a representative of the Chief Constable and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter and having heard 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.
(iv) Reference was made to II(a)(i) of the minute of meeting of this Sub-Committee held on 29th March, 2018, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr B McG during the currency of his Taxi Drivers Licence to this meeting of the Sub-Committee to allow for the licence holder to pay the outstanding monies of the Fixed Penalty Notice.
There was submitted the original letter of information from the Environmental Compliance Officer relevant to the alleged conduct of Mr B McG during the currency of his Taxi Driver's 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 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(b)(i) of the minute of meeting of this Sub-Committee held on 29th March, 2018, wherein the Sub-Committee 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 were submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence, together with a further letter from the Chief Constable containing an update.
The Sub-Committee gave consideration to the content of the letters.
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 Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 4th October, 2018 to await the outcome of court proceedings.
(b) WINDOW CLEANER'S LICENCE SUSPENSION HEARING
(i) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee held on 3rd May, 2018, wherein the Sub-Committee agreed to hold a hearing in relation to the alleged conduct of Mr A W during the currency of his Window Cleaner's Licence.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A W during the currency of his Window Cleaner's 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 4th October, 2018 to await the outcome of court proceedings.
III HOUSING (SCOTLAND) ACT 2006
(a) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR SUSPENSION HEARING
There was submitted a letter of information from the Private Sector Services Manager relative to the alleged conduct of Ms C D during the currency of her Houses in Multiple Occupation 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 relation to the alleged conduct of Ms C D during the currency of her Houses in Multiple Occupation Licence at the meeting of the Licensing Committee to be held on 6th September, 2018.
IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI OPERATOR AND TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION HEARING
There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr U K during the currency of his Taxi Driver's Licence and Taxi Operators Licence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a Licensing Standards Officer and the Legal Officer, the Sub-Committee agreed that a hearing be held in relation to the alleged conduct of Mr U K at the meeting of the Licensing Sub-Committee to be held on 4th October, 2018.
(b) TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION HEARING
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr K McG during the currency of his Taxi Driver'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 at the meeting of the Licensing Sub-Committee on 4th October, 2018 in relation to the fitness of Mr K McG to be the holder of a Taxi Drivers Licence.
Stewart HUNTER, Convener.