Licensing Committee - 04/10/2018

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

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 6th September, 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 2nd August, 2018 and 6th September, 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.

INDOOR SPORTS - NEW APPLICATION

LATE HOURS CATERING - NEW APPLICATIONS

MARKET OPERATOR - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) PET ANIMAL - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a letter had been received from Parkside Vets with a list of conditions they requested be added to the licence should it be granted. The Committee gave consideration to the application and the list of conditions which had been submitted. Thereafter, having heard the applicant on their own behalf, the Environmental Health Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until 31st December, 2018 and that the application be recalled to the meeting of the Licensing Committee to be held on 6th December, 2018 for an update on progress in relation to the completion of a training course relevant to the activity of the licence by the applicant and for further information to be provided by the applicant on the duration and content of the training course.

(c) PUBLIC ENTERTAINMENT - REQUEST FOR VARIATION - UPDATE

There was submitted the undernoted application.

In the case of this application, reference was made to Article IV(f) of the minute of meeting of this Committee held on 6th September, 2018, wherein the Committee agreed to defer consideration of the update on the operation of the licence to this meeting of the Committee, to allow for appropriate documentation to be completed by the applicant and submitted to the Environmental Health and Trading Standards Service. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Environmental Health Officer and receiving confirmation that all conditions had now been met to the satisfaction of the Environmental Health and Trading Standards Service and having considered the advice of the Legal Officer, the Committee agreed that no further action be taken.

(d) PRIVATE HIRE OPERATOR - REQUESTS FOR EXTENSIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article IV(e) of the minute of meeting of this Committee held on 6th September, 2018, wherein the Committee agreed to grant a further extension up until this meeting of the Committee, to allow the licence holder to place a vehicle on service in operation of the licence. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, and receiving confirmation that a vehicle had yet to be placed on service, the Committee agreed that the application be refused.

In the case of Application No 2, the Committee agreed to resolve under Section 50(A)(4) of the Local Government (Scotland) Act 1973, that the press and public be excluded from the meeting for this item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 3, 6 and 9 as part 1 of Schedule 7(A) of the Act and that the matter be considered in the private part of the agenda.

(e) SECOND HAND DEALERS - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that comments had been submitted from Building Control relevant to this application. The Committee gave consideration to the content of the letter from Building Control. 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, subject to the condition that Building Control approval be obtained.

In the case of Application No 2, the Committee noted that a letter had been received from the applicant requesting that the condition to have a Public Liability Insurance Policy in place be removed from the conditions of 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 consideration of the application be deferred to the meeting of this Committee to be held on 1st November, 2018, to allow for the insurance matter to be resolved.

(f) SECOND HAND DEALER - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Senior Electoral Services and Licensing Officer, and receiving confirmation that the applicant had now submitted their Public Liability Insurance Policy document to the satisfaction of the Licensing Office, the Committee agreed that the application be granted.

In the case of Application No 2, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Senior Electoral Services and Licensing Officer, and receiving confirmation that the applicant had now submitted their Public Liability Insurance Policy document to the satisfaction of the Licensing Office, the Committee agreed that the application be granted.

(g) SKIN PIERCING AND TATTOOING LICENCE RENEWAL APPLICATION

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Senior Electoral Services and Licensing Officer, and receiving confirmation that the applicant had now submitted their Public Liability Insurance Policy document to the satisfaction of the Licensing Office, the Committee agreed that the application be granted.

In the case of Application No 2, 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, and receiving confirmation that the applicant had failed to provide evidence of their Public Liability Insurance Policy, the Committee agreed that the application be considered incompetent.

(h) TAXI OPERATOR - REQUEST FOR EXTENSION

There was submitted the undernoted application.

In the case of this application, there was submitted a letter from the applicant requesting a further 28 day extension to allow the applicant to place a vehicle on service in operation of the licence and that extensions had previously been granted under delegated powers. 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 application. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be refused.

(i) TAXI SURVEY

There was submitted the final report from CH2M on the outcome of the survey undertaken by them to establish the level of unmet demand for taxis in the city of Dundee. It was reported that the overall objective of the study was to provide a full survey for demand of taxis in Dundee and to determine whether or not significant unmet demand for taxis existed in terms of Section 10(3) of the Civic Government (Scotland) Act 1992. Specific objectives of the study were to determine:-

?                                             Whether there was any significant unmet demand for taxi services in Dundee; and

?                                             If significant unmet demand was found, to recommend how many licences would be required to meet this.

The Committee gave consideration to the content of the final report and the recommendations contained, which may be adopted by the Council. Thereafter, having considered the advice of the Legal Officer and noting that the study had identified that there was no evidence of significant demand in Dundee and having considered the recommendations which resulted from the study, the Committee agreed to adopt the recommendation that the numerical limit of taxis for the purposes of the Committees unmet demand policy be reduced from 555 to 535.

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.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, having heard the Private Sector Services Manager, and consideration of the overprovision report which had been submitted, and having heard 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.

V HOUSING (SCOTLAND) ACT 2006

(a) HMO - NEW APPLICATION - UPDATE

Reference was made to Article V(a) of the minute of meeting of the Licensing Committee held on 28th June, 2018, wherein the Committee agreed to grant the application by Company G for a House in Multiple Occupation Licence, but to recall the matter to this meeting of the Committee for an update from the Private Sector Services Manager on the operation of the licence.

There was submitted a letter of support from the agent on behalf of the licence holder relevant to this application. Thereafter, having heard the Private Sector Services Manager, 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.

VI ANTI-SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004 - LANDLORD REGISTRATION

(a) REMOVAL FROM LANDLORD REGISTRATION

Reference was made to Article VII(a) of the minute of meeting of this Committee held on 6th September, 2018, wherein it was agreed that consideration of the hearing in relation to the suitability of Mr S McM to be registered as landlord be adjourned to this meeting of the Committee to allow Mr S McM to complete the outstanding works indicated by the Private Sector Services Manager. The original letter of complaint from the Private Sector Services Manager was submitted. 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 Private Sector Services Manager, a representative on behalf of the landlord and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken, subject to the condition that the property at B Place not be occupied by a tenant until outstanding works as narrated in the letter from the Private Sector Services Manager were completed.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REQUEST FOR EXTENSION - DECEASED HMO LICENCE OPERATOR

There was submitted a letter from an agent on behalf of the Executor of the Estate of the late Mr J McC, who had been the holder of a House in Multiple Occupation Licence, requesting an extension of time to wind-up the estate.

The Committee gave consideration to the grounds of the application. Thereafter, having heard the agent on behalf of the Executor and consideration of the advice of the Legal Officer, the Committee agreed that an extension of three months be granted and that the matter be recalled to the meeting of this Committee to be held on 10th January, 2019 if any further extension was required.

(b) ITINERANT METAL DEALER - NEW APPLICATION

Reference was made to Article VIII(b) of the minute of meeting of this Committee held on 6th September, 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 any licence granted.

The Committee gave consideration to the content of the letters.

Thereafter, having heard a representative of the Chief Constable, an Environmental Health Officer, an agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(c) LATE HOURS CATERING LICENCE - SUSPENSION HEARING

Reference was made to Article III(a) of the minute of meeting of this Committee held on 2nd August, 2018, wherein it was 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 year's debt and 375 per week for debt accruing from current year and that the hearing be adjourned to this meeting of the Committee 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.

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 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 considered the advice of the Legal Officer, the Committee agreed to confirm its decision of 2nd August, 2018, that the licence be automatically suspended in the event of any of the agreed payments being missed without the need for a further hearing.

(d) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr G O for a Taxi Driver's Licence. There was submitted a letter of representation from the Chief Constable relevant to the application. The Committee gave consideration to the content of the letter.

Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(e) TAXI DRIVER'S LICENCE - UPDATE

Reference was made to Article V(h) of the minute of meeting of this Committee held on 5th October, 2017, wherein the Committee agreed to grant the application by Mr W W for a Taxi Drivers Licence but to bring back the application to this meeting of the Committee for an update from the Chief Constable on the operation of the licence. The original letter of representation from the Chief Constable relevant to this application was submitted.

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 Committee agreed that no further action be taken.

(f) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

Reference was made to Article V(d)(ii) of the minute of meeting of this Committee held on 2nd November, 2017, wherein the Committee agreed to adjourn consideration of the hearing in relation to the medical fitness of Mr T D to be the holder of a Taxi Driver's Licence to this meeting of the Committee, to await the outcome of the medical assessment and to continue the suspension of the Taxi Driver's Licence held by Mr T D with immediate effect during the intervening period or until the licence holder met Group 2 Standards. The Committee noted that the licence holder 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 adjourn the hearing until the meeting of this Committee to be held on 6th December, 2018 to allow for the licence holder to be referred to the PAM Group for a further medical assessment to establish his medical fitness and to continue the suspension of the Taxi Drivers Licence held by Mr T D during the intervening period with immediate effect and that, in the event that the medical report from the PAM Group confirmed that Mr T D met Group 2 Standards, that the matter be delegated to the Head of Democratic and Legal Services in consultation with the Convener for determination.

(g) PRIVATE HIRE OPERATOR - REQUEST FOR EXTENSION

Reference was made to Article III(d) of this minute, wherein it was agreed to consider the application submitted by Mr A MacL for an extension of time to place a vehicle on service in operation of his Private Hire Operator's Licence in the private part of the proceedings.

In the case of this application, the Committee noted that a request for variation had been made for a further extension of 28 days to allow for a vehicle to be placed on service in the operation of the 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 grounds of the application. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be granted until 6th December, 2018.

Stewart HUNTER, Convener.

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

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Alan ROSS

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 DRIVERS LICENCE - REQUESTS FOR HEARING

(i) 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 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 in due course in relation to the fitness of Mr M J 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 G B 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 in due course in relation to the fitness of Mr G B to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 6th September, 2018.

APPENDIX II

Present:-

Councillor Stewart HUNTER

Councillor Alan ROSS

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 DRIVERS LICENCE - REQUESTS FOR SUSPENSION HEARINGS

(i) There were submitted letters of information from the Chief Constable relative to the alleged conduct of Mr T H during the currency of his Taxi Driver's Licence.

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

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 T H to be the holder of a Taxi Driver's Licence.

(ii) 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 Driver's 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 L C to be the holder of a Taxi Driver's Licence.

(b) PRIVATE HIRE DRIVERS LICENCE - REQUEST FOR SUSPENSION HEARING

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 Operators 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 Ms A R to be the holder of a Private Hire Operators Licence.

(c) PRIVATE HIRE OPERATORS LICENCE AND PRIVATE HIRE DRIVERS LICENCE - REQUEST FOR SUSPENSION HEARING

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 and Private Hire Drivers Licences.

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

Thereafter, having heard the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr A MacL to be the holder of a Private Hire Operators Licence and Private Hire Drivers Licence.

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.

(d) TAXI DRIVERS LICENCE AND TAXI OPERATORS LICENCE - REQUEST FOR SUSPENSION HEARING

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 the 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 J G to be the holder of a Taxi Drivers Licence and Taxi Operators Licence.

Stewart HUNTER, Convener.