Licensing Sub-committee - 04/10/2018

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 4th October, 2018.

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Mark FLYNN

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 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) of the minute of meeting of this Sub‑Committee held on 7th June, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr A B during the currency of his Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relative to the 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 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 that the Taxi Drivers Licence held by Mr A B be suspended for a period of one week.

(ii) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub‑Committee held on 2nd August, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G B during the currency of his Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G B 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 the Licensing Sub‑Committee to be held on 10th January, 2019 to await the outcome of court proceedings.

(iii) Reference was made to Article II(a)(i) of the minute of meeting of this Sub‑Committee held on 28th June, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R C during the currency of his Taxi Drivers Licence to this meeting of the Sub-Committee to await the outcome of court proceedings.

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.

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 10th January, 2019 to await the outcome of court proceedings.

(iv) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub‑Committee held on 6th September, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr L C during the currency of his Taxi Drivers Licence.

There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr L C 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 Licensing Standards Officer and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing until the meeting of the Licensing Committee to be held on 1st November, 2018 and that the licence holder be advised that non‑attendance may mean the matter being determined in their absence.

(v) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub‑Committee held on 28th June, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G D during the currency of his Taxi Drivers Licence to this meeting of the Sub-Committee to await the outcome of court proceedings.

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 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 the Licensing Committee to be held on 1st November, 2018 to allow the licence holder to be present to explain the circumstances as narrated in the letter.

(vi) Reference was made to Article II(a)(i) of the minute of meeting of this Sub‑Committee held on 2nd August, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr M J during the currency of his Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M J 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 10th January, 2019 to await the outcome of court proceedings.

(vii) Reference was made to Article IV(b) of the minute of meeting of this Sub-Committee held on 28th June, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr K McG during the currency of his Taxi Drivers Licence.

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 Drivers Licence.

The Sub-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 Sub-Committee agreed that no further action be taken and that a verbal warning be issued to the licence holder with regard to their future conduct.

(viii) Reference was made to Article II(a)(v) of the minute of meeting of this Sub-Committee held on 28th June, 2018, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr G M 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 letters of information from the Chief Constable relevant to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence.

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 that no further action be taken and that a written warning be issued to the licence holder with regard to their future conduct.

(b) PRIVATE HIRE DRIVER'S LICENCE - SUSPENSION HEARING

Reference was made to Article II(b) of the minute of meeting of this Sub-Committee held on 6th September, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Ms A R during the currency of her Private Hire Drivers Licence.

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Ms A R during the currency of her Private Hire 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 the Licensing Committee to be held on 1st November, 2018 to allow the licence holder to be present to explain the circumstances in relation to the incident as narrated in the letter from the Chief Constable.

(c) TAXI OPERATORS AND TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(d) of the minute of meeting of this Sub‑Committee held on 6th September, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J G during the currency of his Taxi Drivers Licence and Taxi Operators Licence.

There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr J G during the currency of his Taxi Drivers Licence and Taxi Operators Licence.

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

Thereafter, having heard a Licensing Standards Officer, the licence holder on their own behalf, consideration of the advice of the Legal Officer and consideration of a letter of support which had been tabled on behalf of the licence holder, the Sub-Committee agreed that no further action be taken and that a verbal warning be issued to the licence holder with regard to their future conduct.

(ii) Reference was made to Article IV(a) of the minute of meeting of this Sub-Committee held on 28th June, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr U K during the currency of his Taxi Drivers Licence and Taxi Operator's Licence.

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 Drivers Licence and Taxi Operators Licence.

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

Thereafter, having heard a Licensing Standards Officer, 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 and that a written warning be issued to the licence holder with regard to their future conduct in relation to the maintenance of the vehicle used in the operation of the licence.

(d) WINDOW CLEANERS LICENCE - SUSPENSION HEARING

Reference was made to Article II(b) of the minute of meeting of this Sub-Committee held on 28th June, 2018, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr A W during the currency of his Window Cleaner'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 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.

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 10th January, 2019 to allow the licence holder to be present.

(e) TAXI DRIVERS LICENCE - REQUESTS FOR SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr I C 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 I C to be the holder of a Taxi Driver's Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S A 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 S A to be the holder of a Taxi Driver's Licence.

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr N S 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 N S to be the holder of a Taxi Driver's Licence.

(f) TAXI OPERATOR'S AND TAXI DRIVERS LICENCE - REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr M M during the currency of his Taxi Drivers Licence and Taxi Operators Licence.

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

Thereafter, having heard a Licensing Standards Officer 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 M M to be the holder of a Taxi Driver's Licence and Taxi Operators Licence.

Stewart HUNTER, Convener.