Licensing Committee - 01/11/2018

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st November, 2018.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 4th October, 2018 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 4th October, 2018 was submitted and noted, a copy of which is attached to this minute as Appendix I.

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.

MARKET OPERATOR'S LICENCE - TEMPORARY APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

(b) SECOND HAND DEALER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, reference was made to Article III(e) of the minute of meeting of this Committee held on 4th October, 2018, wherein the Committee agreed to defer consideration of the application to remove the condition to have public liability insurance to this meeting of the Committee, to allow the applicant to contact an insurance company to ascertain what public liability insurance was obtainable for the operation of the business. 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 application and the letter of support which had been submitted by the applicant. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(c) STREET TRADER - TEMPORARY APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that an application had been made to vary Conditions 9 and 10 which required the licence holder to move every 15 minutes and not return within one hour.

The Committee gave consideration to the request and a letter of support submitted by the applicant.

Thereafter, having heard the applicant on her own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that Conditions 9 and 10 be not applied to the licence on this occasion.

(d) TAXI DRIVER - 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. Thereafter, having noted that the applicant had failed to provide a medical certificate, tax reference number or SVQ Certificate, and having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(e) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that an application had been made for a new taxi licence with an electric vehicle to replace an existing Taxi Operators Licence also with an electric vehicle. The Committee gave consideration to the content of the letter of support which had been submitted by the applicant. 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 refused.

In the case of Application No 2, the Committee noted that an application had been made for a taxi licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was Martin Larg (OP606). Directors of M S Cabs Ltd were Martin Larg and M D Mostafa Zaman. 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.

(f) TAXI OPERATOR - REQUESTS FOR EXTENSIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that a request had been received for a further 28 day extension to place a vehicle in service in the operation of the licence. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed to grant an extension of time to place a vehicle in service in the operation of the licence until 6th December, 2018.

In the case of Application No 2, the Committee noted that a request had been received for a further 28 day extension to place a vehicle in service in the operation of the licence. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed to note that no further extension was required as a vehicle had now been placed in service in the operation of the licence.

IV HOUSING (SCOTLAND) ACT 2006

(a) HOUSE IN MULTIPLE OCCUPATION - GRANTED UNDER DELEGATED POWERS

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

(b) HOUSE IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that letters of objection had been submitted by members of the public relevant to this application.

The Committee noted that the members of the public who had objected to this application were not present and agreed that the matter be considered in their absence. The Committee gave consideration to the letters of objection which had been submitted. The Committee also gave consideration to the content of the overprovision report.

Thereafter, having heard the Private Sector Services Manager, the agent on behalf of the applicant, a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(c) HOUSE IN MULTIPLE OCCUPATION - VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that an application had been made to vary the conditions of the licence to allow the applicant to be appointed as the day-to-day manager of the property. Thereafter, having heard the Private Sector Services Manager, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the applicant be encouraged to attend seminars provided by the Private Sector Services Manager on Houses in Multiple Occupation licensing matters to further their understanding.

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.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REQUEST FOR EXTENSION - DECEASED HOUSE IN MULTIPLE OCCUPATION LICENCE OPERATOR

Reference was made to Article VIII(a) of the minute of meeting of this Committee held on 6th September, 2018, wherein it was agreed to grant the request for extension of time to wind up the estate of the late C W who had been the holder of a House in Multiple Occupation Licence to this meeting of the Committee for an update from the agent on the position on the matter.

There was tabled a letter of support from the agent on behalf of the Executor of the Estate for the late C W who had been the holder of a House in Multiple Occupation Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard the agent, the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed to grant a further extension of time until the meeting of this Committee to be held on 10th January, 2019.

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

Reference was made to Article II(b) of the minute of meeting of the Licensing Sub-Committee held on 4th October, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Ms A R during the currency of her Private Hire Drivers Licence to this meeting of the Committee 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.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Ms A R during the currency of her Private Hire Driver's Licence.

The 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 Committee agreed that the Private Hire Drivers Licence held by Ms A R be suspended for a period of four weeks.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(iv) of the minute of meeting of the Licensing Sub‑Committee held on 4th October, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr L C during the currency of his Taxi Driver's Licence to this meeting of the Committee to allow the licence holder to be present.

There was submitted the original letter of information from a Licensing Standards Officer relevant to the alleged conduct of Mr L C during the currency of his Taxi Driver's 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 letter. Thereafter, having heard the Senior Electoral Services and Licensing Officer, a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the Taxi Drivers Licence held by Mr L C be suspended for its unexpired portion.

(ii) Reference was made to Article II(v) of the minute of meeting of the Licensing Sub‑Committee held on 4th October, 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 Driver's Licence to this meeting of the Committee to allow the licence holder to be present and to explain the circumstances as narrated in the letter from the Chief Constable.

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 Committee gave consideration to the content of the letter. Thereafter, having heard 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 the licence holder be issued with a verbal warning as to their future conduct.

(d) TAXI DRIVER - NEW APPLICATION

There was submitted an application by Mr C M for a Taxi Driver's Licence.

There was submitted a letter of objection from the Chief Constable relative to this application. There was also submitted letter of information from the Finance Section of Corporate Services relevant to this application.

Thereafter, having considered the content of the letter of objection from the Chief Constable, noting that the letter from the Finance Section of Corporate Services had been withdrawn from consideration and having heard an agent on behalf of the applicant, a representative of the Chief Constable and consideration of the advice of the Legal Officer and consideration of letters of support which had been tabled by the agent on behalf of the applicant, the Committee agreed that the application be granted and that an update on the operation of the licence be provided at the meeting of this Committee to be held on 7th February, 2019.

(e) TAXI DRIVER'S LICENCE - MEDICAL EXEMPTION CERTIFICATE APPLICATION

There was submitted an application by Mr R C for a medical exemption certificate in relation to his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter.

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.

(f) TAXI DRIVER LICENCE APPLICATION - UPDATE

Reference was made to Article VIII(h) of the minute of meeting of this Committee held on 6th September, 2018, wherein the Committee agreed to recall the application 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 Mr S R for a Taxi Drivers Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the matter be deferred to the meeting of this Committee to be held on 6th December, 2018, to await the outcome of the appeal hearing in relation to the application by the licence holder to remain resident in the UK.

(g) PRIVATE HIRE OPERATORS LICENCE/TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

Reference was made to Article II(c) of the minute of meeting of the Licensing Sub‑Committee held on 6th September, 2018, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr A MacL during the currency of his Private Hire Operators Licence, Taxi Driver's Licence and Taxi Operators Licence.

There was submitted a letter of information from the Executive Director of City Development relative to the alleged conduct of Mr A MacL during the currency of his Private Hire Operators Licence, Taxi Drivers Licence and Taxi Operators 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 letter.

Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the hearing be adjourned to the meeting of this Committee to be held on 6th December, 2018 to enable the licence holder to be present.

Stewart HUNTER, Convener.

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.