Licensing Committee - 06/12/2018

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

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 1st November, 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 1st November, 2018 and 12th November, 2018 were submitted and noted, 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.

MARKET OPERATOR - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOING - NEW APPLICATION

STREET TRADER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATION

IV PET ANIMALS ACT 1951

(a) PET ANIMAL LICENCE UPDATE

There was submitted the undernoted application.

In the case of this application, reference was made to Article III(b) of the minute of meeting of this Committee held on 4th October, 2018, wherein it was agreed to grant the application but to recall it to this meeting of the Committee for an update regarding outstanding issues and to ascertain that the City and Guilds course had been commenced. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken subject to the licence holder submitting supporting documentation on the completion of the City and Guilds course to the satisfaction of the Licensing Office and if this was not received, that the matter be recalled to the meeting of this Committee to be held on 7th March, 2019 for an update on the position.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI OPERATOR - ELECTRIC VEHICLE NEW APPLICATION

In the case of this application, the Committee noted that application had been made for a taxi licence to replace an existing taxi licence with an electric vehicle. The existing licence holder was Donald McIntosh (OP124). Directors of Dundee Cabs Ltd were Mohammed Hashmi, Farzana Zubair Hashmi and Donald McIntosh. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

VI HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

(b) HOUSES IN MULTIPLE OCCUPATION VARIATIONS GRANTED UNDER DELEGATED POWERS

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

(c) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that application had been made due to a change of ownership. Thereafter, having considered the content of the overprovision report which had been submitted and having heard the representative on behalf of the Private Sector Services Manager and a representative on behalf of the applicant, the Committee agreed that the application be granted.

In the case of Application Nos 2 and 3, the Committee noted that applications had been made to allow the applicants to act as day-to-day managers in the operation of the licences. Thereafter, having considered the content of the overprovision reports which had been submitted and having heard a representative on behalf of the Private Sector Services Manager and the applicants on their own behalf, the Committee agreed that the applications be granted.

In the case of Application No 4, the Committee noted that letters of objection had been submitted by members of the public relevant to this application. The Committee noted that the objectors to the application were not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the objections. Thereafter, having also considered the content of the overprovision report which had been submitted and having heard a representative on behalf of the Private Sector Services Manager, a representative on behalf of the Chief Constable, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to the meeting of this Committee to be held on 6th June, 2019, for an update on the operation of the licence and that the Private Sector Services Manager be remitted to write to the objectors to advise them of the outcome of the application and that their objections had been considered and that should they have any further concerns in relation to the operation of the licence that they be made aware of the procedure to be followed.

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.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI OPERATOR REQUEST FOR EXTENSION OF TIME TO PLACE A VEHICLE ON SERVICE

There was submitted an application by Miss B S requesting an extension of time of 28 days to allow her to place a vehicle on 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. The Committee noted that two extensions had previously been granted under delegated powers. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be granted until the meeting of this Committee to be held on 7th February, 2019.

(b) LATE HOURS CATERING NEW APPLICATION

There was submitted an application by Company C for a Late Hours Catering Licence. There were submitted letters of objection from a Licensing Standards Officer, and the Finance Section of Corporate Services relevant to this application. The Committee gave consideration to the content of the documentation. Thereafter, having heard a Licensing Standards Officer, a representative on behalf of the applicant and consideration of the advice of the Legal Officer and a letter of support which had been tabled by the representative on behalf of the applicant, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 10th January, 2019, to allow for a proposed replacement licence holder to be vetted through the application process to allow for the application to be amended accordingly.

(c) SECOND HAND DEALER NEW APPLICATION

There was submitted an application by Company N for a Second Hand Dealer application. The Committee noted that a letter of objection had been submitted by a member of the public relevant to this application. The Committee noted that the objector was not present and agreed that the matter be considered in their absence. Thereafter, having considered the content of the objection and receiving confirmation from the Legal Officer that it was not competent in relation to this application and 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.

(d) TAXI DRIVER - NEW APPLICATION

There was submitted an application by Mr E R for a Taxi Drivers Licence. There was submitted an e-mail of information from the Finance Section of Corporate Services relevant to this application. The Committee gave consideration to the content of the e-mail. 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, in principle, for a period of six months to allow for the applicant to maintain payments to the City Council and that the applicant provide details of agreed procedures for the maintenance of payments to the City Council to the satisfaction of the Licensing Office and that should these be received that delegated authority be given to the Head of Democratic and Legal Services in consultation with the Convener to confirm the granting of the application and that in the event that this supporting evidence was not received that the matter be recalled to the meeting of this Committee to be held on 10th January, 2019.

(e) TAXI DRIVER LICENCE APPLICATION UPDATES

(i) Reference was made to Article V(i)(ii) of the minute of meeting of this Committee held on 5th October, 2017, wherein it was agreed to grant the application by Mr S A for renewal of his Taxi Drivers Licence until 6th December, 2018, and to recall the matter to this meeting of the Committee for an update on the licence holders eligibility to remain resident in the United Kingdom.

There was submitted the original letter of information from a Licensing Standards Officer relevant to the application by Mr S A for renewal of his 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 10th January, 2019, for an update on the operation of the licence and the locality of the licence holder.

(ii) Reference was made to Article V(f) of the minute of meeting of this Committee held on 1st November, 2018, wherein it was agreed to defer the update on the suitability of Mr S R to remain resident in the United Kingdom to this meeting of the Committee to await the outcome of the appeal to the Home Office.

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. Thereafter, having heard a Licensing Standards Officer and the licence holder on their own behalf, the Committee agreed to further defer the update in relation to the suitability of the licence holder to remain resident in the United Kingdom to the meeting of this Committee to be held on 2nd May, 2019, to await the outcome of an appeal to the Home Office.

(f) TAXI DRIVER - SUSPENSION HEARINGS

(i) Reference was made to Article VII(f) of the minute of meeting of this Committee held on 4th October, 2018, wherein it was agreed to adjourn consideration of the hearing in relation to the medical fitness of Mr T D to be the holder of a Taxi Drivers Licence to this meeting of the Committee to await the outcome of the medical assessment and to continue the suspension of the Taxi Drivers Licence held by Mr T D during the intervening period and that should confirmation be received during the intervening period that Mr T D met Group 2 standards that consideration of the matter be delegated to the Head of Democratic and Legal Services to determine in consultation with the Convener. Thereafter, having considered the advice of the Legal Officer, the Committee noted that no further action was required as the medical assessment had confirmed that the licence holder met Group 2 standards, and that as such, the suspension of licence had been recalled by the Head of Democratic and Legal Services in consultation with the Convener and that Mr T D continued to be licensed to operate as a Taxi Driver.

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 12th November, 2018, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr J E with immediate effect and that a hearing be held in due course in relation to the fitness of Mr J E to be the holder of a Taxi Drivers Licence.

There was submitted a letter of information from a Licensing Standards Officer relevant to the alleged conduct of Mr J E during the currency of his 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 considered the content of the letter and having heard a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the Taxi Drivers Licence held by Mr J E be suspended with immediate effect for the unexpired portion of the licence.

(iii) Reference was made to Article II(a)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 1st November, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr O L during the currency of his Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr O L during the currency of his Taxi Drivers Licence. The 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 Committee agreed that consideration of the matter be adjourned to the meeting of this Committee to be held on 10th January, 2019, to await the outcome of court proceedings.

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.

(g) PUBLIC ENTERTAINMENT LICENCE NEW APPLICATION

There was submitted an application by Mr P M for a Public Entertainment Licence.

The Committee noted that this application had been withdrawn from consideration by the applicant.

Stewart HUNTER, Convener.

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

APPENDIX I

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 HEARINGS

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

The Convener agreed that the undernoted items of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

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

(iv) There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Ms R T during the currency of her Taxi Drivers 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 Ms R T to be the holder of a Taxi Driver's Licence.

(b) PRIVATE HIRE OPERATOR'S LICENCE REQUEST FOR HEARING

(i) There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Company P during the currency of their Private Hire Operator'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 Company P to be the holder of a Private Hire Operator's Licence.

(c) TAXI DRIVER'S LICENCE AND TAXI OPERATOR'S LICENCE REQUEST FOR HEARING

(i) There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr M H during the currency of his Taxi Drivers Licence and Taxi Operator'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 M H to be the holder of a Taxi Driver's Licence and Taxi Operator's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 12th November, 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 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.

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 item of business on the ground that it 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 REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr J E during the currency of his Taxi Drivers 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 the Taxi Drivers Licence held by Mr J E be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr J E to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.