Licensing Committee - 10/01/2019

At a MEETING of the LICENSING COMMITTEE held at Dundee on 10th January, 2019.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 7th January, 2019 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 27th November, 2018, 6th December, 2018 and 20th December, 2018 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II and III.

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 APPLICATIONS

PERFORMING ANIMALS - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

(b) PRIVATE HIRE OPERATOR - REQUEST FOR EXTENSION TO PLACE VEHICLE ON SERVICE

There was submitted the undernoted application.

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 refused.

(c) 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 pass the street test, provide a copy of their Unique Tax Reference Number or provide medical certification to verify that they were medically fit to be the holder of a Taxi Drivers Licence and having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(d) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that an application had been made for a Taxi Licence to replace an existing Taxi Licence with an electric vehicle. The existing licence holder was William Dryden (OP161). Directors of PGR Travel Ltd were William Dryden and Paul Soutar. 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.

IV HOUSING (SCOTLAND) ACT 2006

(a)                           HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION - UPDATE

There was submitted the undernoted application.

In the case of this application, reference was made to Article VII(d) of the minute of meeting of this Committee of 7th September, 2017, wherein it was agreed that the application be granted, subject to the condition that all works as narrated in the letter from the Private Sector Services Manager be completed to the satisfaction of the Private Sector Services Unit prior to the property being occupied and that the matter be brought back to this meeting of the Committee for an update to be provided by the Private Sector Services Manager on the operation of the licence.

Thereafter, having heard the Private Sector Services Manager and the licence holder on their own behalf, the Committee agreed that no further action be taken.

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) DECEASED HOUSE IN MULTIPLE OCCUPATION LICENCE OPERATORS -REQUESTS FOR EXTENSIONS

(i) Reference was made to Article VII(a) of the minute of meeting of this Committee held on 4th October, 2018, wherein it was agreed to grant an extension of time for the winding-up of the estate of the late Mr J McC who had been the holder of a House in Multiple Occupation Licence to this meeting of the Committee. There was submitted a request for a further extension of time to wind-up the estate of the late Mr J McC. The Committee noted that the Managing Agent was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that a further extension be granted up until the meeting of this Committee to be held on 2nd May, 2019.

(ii) Reference was made to Article V(a) of the minute of meeting of this Committee held on 1st November, 2018, wherein it was agreed to grant an extension of time for the winding-up of the estate of the late Mr C W who had been the holder of a House in Multiple Occupation Licence to this meeting of the Committee for an update on the position. Thereafter, having heard the Private Sector Services Manager, the Managing Agent and consideration of the advice of the Legal Officer, the Committee agreed to note that no further extension was required as the estate had now been wound-up.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING LICENCE - NEW APPLICATION

Reference was made to Article VII(b) of the minute of meeting of this Committee held on 6th December, 2018, wherein it was agreed to defer consideration of the application by Company C for a Late Hours Catering Licence to this meeting of the Committee to allow for a variation to be lodged to change the day-to-day manager and for the Companys Directors details to be updated at Companies House.

There was submitted an application by Company C for a Late Hours Catering Licence. There were submitted the original 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, the Committee agreed that the application be granted until May 2020.

(b) SECOND HAND DEALERS LICENCE - SUSPENSION HEARING

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 6th December, 2018, wherein it was agreed that a hearing be held in relation to the fitness of Company G to be the holder of a Second Hand Dealers Licence. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Company G during the currency of their Second Hand Dealers 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer and consideration of a further letter of complaint which had been tabled by the representative of the Chief Constable, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Company G during the currency of their Second Hand Dealer's Licence to the meeting of this Committee to be held on 7th February, 2019 to await the outcome of court proceedings and to allow for the further letter of complaint to be submitted.

(c) TAXI DRIVER - APPLICATIONS - UPDATES

(i) Reference was made to Article VI(e) of the minute of meeting of this Committee held on 7th June, 2018, wherein it was agreed to grant the application by Mr D C for a Taxi Drivers Licence for a period of six months and to recall the matter to this meeting of the Committee for an update on the operation of the licence to be provided.

There was submitted an application by Mr D C for a Taxi Drivers Licence. There was submitted the original letter of representation from the Chief Constable relevant to this application. 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that the application be granted.

(ii) Reference was made to Article VIII(g)(i) of the minute of meeting of this Committee held on 6th September, 2018, wherein it was agreed to grant the application by Mr A D for a Taxi Drivers Licence until this meeting of the Committee to allow for an update on the operation of the licence to be provided.

There was submitted an application by Mr A D for a Taxi Drivers Licence. There was submitted the original letter of objection from the Chief Constable relevant to this application. 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that the application be granted.

(d) TAXI DRIVER RENEWAL - UPDATE

(i) Reference was made to Article VII(e)(i) of the minute of meeting of this Committee held on 6th December, 2018, wherein it was agreed to defer consideration of the application by Mr S A for renewal of their Taxi Drivers Licence to this meeting of the Committee to allow for an update on the operation of the licence to be provided on the position in relation to the licence holders status to remain resident in the United Kingdom and for Licensing Standards Officers to carry out checks in relation to the locality of the licence holder.

There was submitted an application by Mr S A for renewal of his Taxi Drivers Licence. There was also submitted the original letter of information from a Licensing Standards Officer relevant to this application. 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 a Licensing Standards Officer and consideration of the advice of the Senior Electoral Services and Licensing Officer, the Committee agreed that the application for renewal of the Taxi Driver's Licence held by Mr S A be granted, subject to the conditions of licence being monitored and that the badge identifying the individual as a licenced taxi driver not be issued to the licence holder until he advised the Licensing Office he was working again as a taxi driver.

(e) TAXI OPERATOR - REQUESTS FOR VARIATIONS

(i) Reference was made to Article VIII(f) of the minute of meeting of this Committee held on 6th September, 2018, wherein it was agreed that a further 28 day extension be granted to the licence holder to allow him to place a vehicle on service in the operation of the licence. There was submitted a request from Mr L F requesting a variation to the terms of his Taxi Operators Licence to allow him to place a saloon vehicle on service in the operation of the licence in place of a wheelchair accessible vehicle. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the request for variation be granted.

(ii) Reference was made to Article VII(g) of the minute of meeting of this Committee held on 4th October, 2018, wherein it was agreed to grant Mr A MacL a further extension of 28 days to allow the licence holder to place a vehicle on service in the operation of the licence.

There was submitted an application by Mr A MacL requesting a further 28 day extension 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 noted that extensions had previously been granted under delegated powers. The Committee gave consideration to the content of the application. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the request for variation be granted until the meeting of this Committee to be held on 7th February, 2019 and that, should any further variation be requested, that the licence holder be advised that non-attendance at that meeting may mean the matter being considered in their absence.

(f) TAXI DRIVER - SUSPENSION HEARINGS

(i) Reference was made to Article VII(f)(iii) of the minute of meeting of this Committee held on 6th December, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr O L during the currency of his Taxi Drivers Licence to this meeting of the 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 O L 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. The Committee gave consideration of the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be further adjourned to the meeting of this Committee to be held on 7th February, 2019 to allow the licence holder to be present.

(ii) Reference was made to Article VIII(i)(ii) of the minute of meeting of this Committee held on 6th September, 2018, wherein it was agreed to further adjourn the hearing in relation to the alleged conduct of Mr M T during the currency of his Taxi Drivers Licence to this meeting of the Committee to await the outcome of court proceedings in relation to the matter narrated in the further letter from the Chief Constable and to recall the suspension of the Taxi Drivers Licence held by Mr M T during the intervening period with immediate effect. There were submitted the original letters of information from the Chief Constable relevant to the alleged conduct of Mr M T 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. The Committee gave consideration of 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 consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(g) TAXI DRIVERS LICENCE AND TAXI OPERATORS LICENCE - SUSPENSION HEARING

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 20th December, 2018, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr M A with immediate effect and that a hearing be held in due course in relation to the fitness of Mr M A to be the holder of a Taxi Drivers Licence and Taxi Operators Licence. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M A during the currency of his Taxi Drivers Licence and Taxi Operators Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to hold a fresh hearing in relation to the alleged conduct of Mr M A during the currency of his Taxi Drivers Licence and Taxi Operators Licence at the meeting of this Committee to be held on 28th March, 2019, to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr M A during the intervening period with immediate effect and that no action be taken in relation to the Taxi Operators Licence held by Mr M A during the intervening period.

(h) PRIVATE HIRE OPERATORS LICENCE AND TAXI DRIVERS LICENCE AND TAXI OPERATORS LICENCE - SUSPENSION HEARING

Reference was made to Article V(g) of the minute of meeting of this Committee held on 1st November, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr A MacL during the currency of his Private Hire Operators Licence, Taxi Drivers Licence and Taxi Operators Licence to this meeting of the Committee to allow the licence holder to be in attendance. There was submitted the original letter of information from the Executive Director of City Development in relation 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 and being advised that the licence holder had submitted a medical certificate stating that he was unfit to attend the meeting, the Committee agreed to further adjourn the hearing to the meeting of this Committee to be held on 7th February, 2019 to allow the licence holder to be present and that the licence holder be advised that non-attendance may mean the matter being considered in their absence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 27th November, 2018.

APPENDIX I

Present:-

Councillor Gregor MURRAY

Councillor Mark FLYNN

Councillor George McIRVINE

Councillor George McIRVINE, 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 grounds 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 APPOINTMENT OF CONVENER

It was reported that, in terms of Article 52(2) of the Standing Orders of the Council, the Sub‑Committee required to appoint a Convener for this meeting of the Sub-Committee.

The Sub-Committee agreed to appoint Councillor McIrvine.

II DECLARATION OF INTEREST

No declarations of interest were made.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G M 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 Sub‑Committee agreed that the Taxi Drivers Licence held by Mr G M be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr G M to be the holder of a Taxi Drivers Licence.

George McIRVINE, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 6th December, 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 grounds 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) SECOND HAND DEALERS LICENCE - REQUEST FOR HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Company G during the currency of their Second Hand Dealers 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 Company G to be the holder of a Second Hand Dealers Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 20th December, 2018.

APPENDIX III

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 grounds 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 AND TAXI OPERATORS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M A during the currency of his Taxi Driver 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 the Taxi Drivers Licence held by Mr M A be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr M A to be the holder of a Taxi Drivers Licence. No action would be taken in relation to the Taxi Operators Licence held by Mr M A during the intervening period.

Stewart HUNTER, Convener.