Licensing Committee - 28/03/2019

At a MEETING of the LICENSING COMMITTEE held at Dundee on 28th March, 2019.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 7th March, 2019 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 TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 21st August, 2018 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

III MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 7th March, 2019 and 8th March, 2019 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices II and III.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

TAXI DRIVER - NEW APPLICATIONS

(b) PET ANIMALS LICENCE NEW APPLICATION 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 7th March, 2019, wherein it was agreed that consideration of the matter be deferred to this meeting of the Committee to allow the licence holder to be present.

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 matter be further deferred to the meeting of this Committee to be held on 27th June, 2019 to allow for the applicant to complete a training course on Reptile Care and Welfare.

(c) AMENDMENT TO RESOLUTION OF ACTIVITIES TO BE COVERED BY PUBLIC ENTERTAINMENT LICENCE

Reference was made to Article IV(c) of the minute of meeting of this Committee held on 29th March, 2018, wherein amendment to the resolution of activities to be covered by Public Entertainment Licence was submitted and agreed and it was noted that, following public consultation and subject to no objections being received, the new licensing requirements would be effective from 1st April, 2019.

There was submitted a copy of the amendment to the resolution of activities to be covered by Public Entertainment Licence. Thereafter, having heard the Legal Officer, the Committee agreed to note the content of the document, a copy of which is attached to this minute as Appendix IV and that these resolutions would come into force on 1st April, 2019 and would apply to all events as listed within the document taking place on or after that date.

(d) 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 Taxi Operator's Licence to replace an existing Taxi Operator's Licence with an electric vehicle. The existing licence holder was Gary Robertson (OP151). Directors of Kaiser Taxis Ltd were Gary Robertson and Qaiser Habib. 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.

In the case of Application No 2, the Committee noted that an application had been made for a Taxi Operator's Licence to replace an existing Taxi Operator's Licence with an electric vehicle. The existing licence holder was Thomas Connelly (OP148). Directors of Samicabs Ltd were Thomas Connelly and Abdul Rehman. 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.

In the case of Application No 3, the Committee noted that an application had been made for a Taxi Operator's Licence to replace an existing Taxi Operator's Licence with an electric vehicle. The existing licence holder was John Webster (OP403). Directors of Shukh Ltd were John Webster and Mostafa Zaman. 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.

(e) TAXI OPERATOR REQUESTS FOR EXTENSIONS OF TIME TO PLACE VEHICLES ON SERVICE

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 for Taxi Operator (OP495) to place a vehicle on service in the operation of the licence and that extensions had previously been granted under delegated powers. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that a further 28 day extension be granted.

In the case of Application No 2, the Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP1888) to place a vehicle on service in the 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. Thereafter, having heard the Legal Officer, the Committee agreed that the application be refused.

In the case of Application No 3, the Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP813) to place a vehicle on service in the 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. Thereafter, having heard the Legal Officer, the Committee agreed to note that no further action was required as the licence holder had now placed a vehicle on service in the operation of the licence.

In the case of Application No 4, reference was made to Article III(e) of the minute of meeting of this Committee held on 7th March, 2019, wherein it was agreed to grant the licence holder a further extension of time to place a vehicle on service in the operation of the licence up until this meeting of the Committee. Thereafter, having heard a representative on behalf of the applicant 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.

V 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 - RENEWAL APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee noted that a letter of representation had been submitted by the Private Sector Services Manager relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, 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 a meeting of this Committee to be held in a years time for an update on the operation of the licence and that during the intervening period the licence holder remain in contact with the Private Sector Services Unit towards maintaining their understanding of their responsibilities in terms of the licence.

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.

VI HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION

There was submitted an application by Ms C D for renewal of her Houses in Multiple Occupation Licence. There was submitted a letter of representation from the Private Sector Services Manager relevant to this application. The Committee gave consideration to the content of the letter. 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 matter be recalled to a meeting of this Committee to be held in a years time for an update on the operation of the licence.

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

(a) LANDLORD REGISTRATION - NEW APPLICATION

Reference was made to Article V(a) of the minute of meeting of this Committee held on 7th March, 2019, wherein the Committee agreed to defer consideration of the application by Mr J F to be registered as a landlord to this meeting of the Committee to allow the applicant to be present and that the applicant be advised that non-attendance may mean that the matter would be considered in their absence.

There was submitted an application by Mr J F to be registered as a landlord. There was submitted a letter of observation from the Private Sector Services Manager relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, the applicant on their own behalf, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to a meeting of this Committee to be held in a years time for an update on the operation of the properties let by the applicant and that the applicant submit information setting out the responsibilities between the named managing agent and the applicant to the satisfaction of the Private Sector Services Unit and that the applicant also complete an accredited Landlord Training Course and arrange to meet with the Dundee City Council Private Landlords Support Officer to assist them with the understanding of their responsibilities in terms of Landlord Registration.

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SECOND HAND DEALER SUSPENSION HEARING

Reference was made to Article VI(b) of the minute of meeting of this Committee held on 10th January, 2019, wherein 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 this meeting of the Committee to await the outcome of court proceedings and to allow for a further letter of complaint to be submitted. There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Company G during the currency of their Second Hand Dealer's Licence, together with the further letter dated 14th January, 2019 which had been submitted by the Chief Constable. 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 heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to note that no further action was required as the licence had been surrendered by the licence holder.

(b) TAXI DRIVER'S LICENCE NEW APPLICATION

There was submitted an application by Mr S W for a Taxi Driver's Licence. There was submitted a letter of objection from the Corporate Finance Division relevant to this application. 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 letter. Thereafter, having noted that the applicant had not provided a Unique Tax Reference Number, medical certificate, passed their street test or completed an approved Taxi Driver's SVQ training course and having heard the Legal Officer, the Committee agreed that the application be considered incompetent.

(c) TAXI DRIVER NEW APPLICATION - UPDATE

Reference was made to Article VIII(g)(ii) of the minute of meeting of this Committee held on 6th September, 2018, wherein it was agreed to grant the application by Mr J McC for a Taxi Driver's Licence and to recall the matter to this meeting of the Committee for an update on the operation of the licence from the Chief Constable. There was submitted the original letter of representation from the Chief Constable relevant to this licence. 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 no further action be taken and that the application be granted up until May, 2020.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article VI(g) of the minute of meeting of this Committee held on 10th January, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M A during the currency of his Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings and to continue the immediate suspension of the Taxi Driver's Licence held by Mr M A with immediate effect during the intervening period and that no action be taken in relation to the Taxi Operator's Licence held by Mr M A during the intervening period.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr M A during the currency of his Taxi Driver's Licence and Taxi Operator's 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 the hearing be further adjourned until the meeting of this Committee to be held on 6th June, 2019 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr M A during the intervening period with immediate effect during the intervening period and that no action be taken to the Taxi Operators Licence held by Mr M A during the intervening period.

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 8th March, 2019, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr G S with immediate effect and that a hearing be held in due course in relation to the fitness of Mr G S to be the holder of a Taxi Driver's Licence. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G S 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 Legal Officer, the Committee agreed to note that no further action was required as the licence holder had surrendered their licence.

(e) TAXI OPERATOR REQUESTS FOR EXTENSIONS OF TIME TO PLACE VEHICLES ON SERVICE

(i) There was submitted a request by Mr A M for a further 28 day extension to allow him to place a vehicle on service in the operation of the licence. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that a further 28 day extension be granted.

(ii) Reference was made to Article V(e) of the minute of meeting of this Committee held on 7th February, 2019, wherein the Committee agreed to grant Miss B S an extension of time up until this meeting of the Committee 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. Thereafter, having heard the Senior Electoral Services and Licensing Officer, the Committee agreed to note that no further action was required as the licence holder had now placed a vehicle on service in the operation of the licence.

Stewart HUNTER, Convener.

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 21st August, 2018.

APPENDIX I

Present:-

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

Lisa ARCHIBALD (Senior Electoral Services and Licensing Officer), Corporate Services

Brian WOODCOCK (Senior Solicitor, Licensing), Corporate Services

Fraser CRICHTON (Assistant Manager Transport), City Development

Barry RODGER (Environmental Compliance Officer), Neighbourhood Services

Bryan COLEMAN (Licensing Standards Officer), Neighbourhood Services

TAXI TRADE REPRESENTATIVES

Qaiser HABIB, Dundee City Taxi Drivers' Association

Erik THORESEN, Dundee Hackney Association

Graeme STEPHEN, Dundee Taxi Association

George SCULLION, Dundee Taxis Ltd

Chris ELDER, Unite the Union

Also in attendance as observers:-

Councillor Stewart HUNTER, Dundee City Council

Councillor George McIRVINE, Dundee City Council

Lisa ARCHIBALD and Barry RODGER, Joint Chairs, in the Chair.

I MINUTE OF PREVIOUS MEETING

The minute of meeting of the Taxi Liaison Group held on 13th March, 2018 was submitted and noted for information and record purposes.

II DUNDEE CITY COUNCIL

Items on agenda at request of Dundee City Council:-

(a) TAXI LIAISON MEMBERSHIP

The Group noted that the membership would be under review.

(b) S166

The Group noted the introduction of this legislation which allowed for exemptions to be applied as a result of medical conditions and that, in common with the fees for variations, a cost of 50 would be applied for the processing of applications and that this would be subject to review at a later date.

(c) SECURING OF LUGGAGE AND LOOSE ITEMS

The Group noted guidance in relation to the securing of luggage and loose items in vehicles in the interest of passenger safety and that of other road users.

(d) ELECTRIC WHEELCHAIR ACCESSIBLE VEHICLES

The Group noted the cost configuration in relation to electric wheelchair accessible vehicles and their availability as outlined in the presentation by Vic Young of Vic Young (South Shields) Ltd who were a supplier of these vehicles.

III DUNDEE TAXI ASSOCIATION

Items on agenda at request of Dundee Taxi Association:-

(a) WHEELCHAIR ACCESS AT NINEWELLS IS STILL BEING BLOCKED BY VEHICLES

The Group noted the concerns in relation to this issue and the misuse of the drop kerb area at Ninewells and that it had been observed that drivers were parking at this location for long periods of time and therefore obstructing wheelchair access to the hospital and that this would be referred to City Development for their attention.

(b) STAFF MINI BUS AT HOTEL LOCATION

The Group noted concerns which had been conveyed in relation to the perceived operation of this vehicle and that Barry Rodger was liaising with the hotel in this regard.

(c) TAXI ROOF SIGNS AND SIGNAGE ON PRIVATE HIRE

The Group noted the concerns in relation to this matter and the current advice in relation to signage.

(d) CCTV. ANY UPDATE ON NEW SYSTEM

The Group noted that Smart Witness was the only CCTV system currently approved for operation and that five cars currently had it installed in their vehicles. Should any licence holders also wish to install this system this would require a request for variation and appropriate guidance would be issued to licence holders at that time.

(e) COMPLAINTS ABOUT TIME TAKEN TO TEST OLDER TAXIS

The Group noted that should any licence holders have any concerns about time taken to test their vehicle they should contact Fraser Crichton at the earliest opportunity to allow him to investigate their concerns and also agreed to note appointment times not being met contributed to delay.

(f) SIGNAGE FOR TAXI RANK AT RAILWAY

The Group noted that this matter would be referred to City Development for their observations in relation to signage for passengers directing them to the location of the rank. The location of drop-off zones would also be examined.

(g) HYBRID TAXIS

The Group noted that this matter would be the subject of consideration for a future meeting of the Liaison Group.

IV UNITE THE UNION

Items on agenda at request of Unite the Union:-

(a) TESTING REGIME FOR TAXIS AND PRIVATE HIRE VEHICLES

"We would like the Council to revert back to their original policy of no age limits on vehicles and one test per year irrespective of vehicle's age, any operator deemed not to be maintaining their vehicle then bring in the multiple tests for these operators, using the 2 and 3 tests a year depending on the severity of these vehicles' fail records."

The Group noted the point made.

(b) LIAISON COMMITTEE NEEDS TO BE LOOKED AT AND RESTRUCTURED

"Our members feel the present set up doesn't fully represent the taxi/private hire operator and driver. Anyone sitting on the Committee should give the names and details of whom they represent."

The Group noted that this matter had already been covered in the agenda.

(c) COUNCIL FUTURE ZERO EMISSIONS POLICY

"Our members are not prepared to agree to a fully electric taxi/private hire fleet. The Government proposal is a low emission policy not zero and the Council should be following Government guidance. Hybrids range extended euro 6 low emission vehicles should be added to the Council's future policy, once the infrastructure for charging this volume of vehicles is in situ then and only then will the trade be willing to discuss a zero emission fleet. The choice of vehicles aren't in place to meet the trade's requirements and the vehicles that are available are far too small and do not meet the requirements to do the job in hand."

The Group noted this issue and that Chris Elder had spoken with the Scottish Government regarding the provision of a grant.

(d) ORLEANS PLACE TAXI RANK

"We would like to see the rank marked out property and traffic wardens ticketing anyone parking on this rank."

The Group noted this matter would be referred to City Development for their observations.

(e) DUNDEE DANCE FESTIVAL

"Worked last night as the town was busy with the dance festival which is good to see. I did notice that, in my opinion, the Police were stretched at times and there is a need for more stewards as the crowd were not properly controlled."

The Group noted that this matter would be referred to Police Scotland for their observations and that in addition Barry Rodger observed that, in future, when a premises applied for an occasional licence, this may be something to consider with regard to the transport plan.

(f) TAXI AND PRIVATE HIRE CARS

"We would like to see that all private hire have the office number plus the word private hire in the same size of the numbers as private hire work from taxi offices with the same number. This would help the public distinguish the difference between a hackney taxi and a private hire from the same office. So you would have 505050 taxi and 505050 private hire all same size of lettering."

The Group noted that this matter would be reviewed when individual vehicles were submitted for testing and observations that members of the public may have with relation to the ease of identification of private hire and taxis and the suggestion by Fraser Crichton that ease of identification could be further realised by having taxis and private hire vehicles colour specific such as yellow for taxis and white for private hire and that, in the meantime, the signage identifying private hire would be examined as to whether or not this needed to be enlarged.

(g) PRIVATE HIRE CAP, GLASGOW IS CAPPING PRIVATE HIRE WE BELIEVE DUNDEE SHOULD LOOK AT BRINGING IN A CAP

The Group noted that this matter may be considered as part of the survey for the following year.

(h) DUNDEE SLESSOR GARDENS, ROAD STRUCTURE HAS TO BE LOOKED AT WHEN CONCERTS ARE BEING HELD, THE PRESENT SET UP IS A DISASTER

The Group noted that this matter would be raised with Neil Gellatly, Head of Roads and Transportation with a view to possible solutions such as the possibility of putting in place a one way system for such events.

(i) TAXI DRIVERS IN SERVICE BADGE THIS WAS PAID FOR AND WAS MEANT TO BE IMPLEMENTED IN MAY 2017.  THIS BADGE COULD ALSO BE USED FOR DRIVERS WHO HAVE APPLIED FOR AND RECEIVED AND EXEMPTION

The Group noted that this matter had been covered earlier in the agenda.

(j) ALL REPRESENTATIVES ON THE LIAISON COMMITTEE SHOULD SUPPLY THE COUNCIL WITH INFORMATION ON WHO THEY ACTUALLY REPRESENT THEY SHOULD SUPPLY THE COUNCIL WITH DETAILS OF THE ORGANISATIONS COMMITTEE AND THE COUNCIL HAS TO BE ABLE TO VERIFY ITS EXISTENCE, THIS INCLUDES ALL TAXI OFFICES ASSOCIATIONS UNIONS

The Group noted that this matter had been covered earlier in the agenda.

(k) CORPORATE BENEFIT FOR COUNCIL GYMS LIKE COUNCIL WORKERS RECEIVE TO BE OFFERED TO TAXI DRIVERS THIS WOULD HELP IMPROVE THE IMAGE, HEALTH AND WELL-BEING OF TAXI DRIVERS 

The Group noted that this matter would be examined.

(l) CORPORATE LICENCES FOR LOW EMISSION VEHICLES I.E. HYBRID AND RANGE EXTENDER VEHICLES, THIS WOULD ENCOURAGE A GREENER TAXI FLEET QUICKER

The Group noted that this matter had been covered earlier in the agenda.

(m) LACK OF CO-OPERATION WITH TAYSIDE POLICE REGARDS SOILING CHARGE & TAXI FRAUD, WE ARE MEANT TO BE GOVERNED BY POLICE SCOTLAND AND YET THE ENFORCEMENT IN TAYSIDE ISNT THE SAME AS IT IS IN OTHER MAJOR CITIES SINCE ITS ALL ONE FORCE THE ENFORCEMENT SHOULD BE THE SAME ACROSS THE COUNTRY

The Group noted that this matter required to be referred to Police Scotland.

(n) DAMAGED WHEEL TRIMS/ALLOY WHEELS, IT WAS AGREED THAT THIS SORT OF DAMAGE WOULD NOT BE PART OF THE TAXI TEST STANDARD, THIS WAS AGREED AT A LIAISON MEETING WITH MR MCCANDLESS THAT TAXI WHEN PICKING UP THE ELDERLY AND PASSENGERS IN A WHEELCHAIR THAT WISHED TO TRANSFER MUST HAVE THE VEHICLE AS CLOSE TO THE PAVEMENT FOR HEALTH & SAFETY REASONS THIS WOULD RESULT IN DAMAGE TO THE WHEELS AND TRIMS ON THE TAXI AND ALSO THE AMOUNT OF PORTHOLES DAMAGING TYRES AND WHEELS

The Group noted the issue as highlighted.

(o) THE UNITE UNION DISAGREES WITH THE 50.00 CHARGE FOR AN EXEMPTION, 1000.00 AUTOMATIC FINE FOR REFUSING A WHEELCHAIR.  THE EXEMPTION CHARGE SHOULD BE COVERED BY OUR ANNUAL LICENCE FEES FROM OUR TAXI LICENCE AND TAXI DRIVERS LICENCE.  THE AUTOMATIC FINE FOR REFUSING A WHEELCHAIR IS UNACCEPTABLE, ALL DRIVERS HAVE THE TRAINING REGARDS ASSESSING WHAT IS SAFE CARRIAGE OF A PASSENGER WHO REQUIRE ASSISTANCE, NO TWO PASSENGERS REQUIREMENTS ARE THE SAME.  THE TAXI DRIVER HAS TO MAKE A HEALTH & SAFETY DECISION FOR EVERY WHEELCHAIR PASSENGER HE ASSISTS.  THE DRIVER MUST BE WITHIN HIS OR HER LIMITS OF ABILITY AND NOT OFFER TO DO THINGS THAT THEY ARE NOT CAPABLE OR PERMITTED TO DO. ANY ASSISTANCE PROVIDED MUST BE SAFE FOR THE DRIVER, PASSENGER AND ANYONE ELSE WHO COULD BE AFFECTED.  THE DRIVER MUST ASSESS IF THE WHEELCHAIR IS FIT FOR PURPOSE THEY MUST ASSESS IF IT CAN BE ACCOMMODATED IN THE TAXI, THEY MUST ASSESS IF IT EXCEEDS THE RAMP LIMITS.  THE SAFETY AND WELL-BEING OF THE PASSENGER, DRIVER AND ANYONE ELSE WHO COULD BE AFFECTED MUST BE PARAMOUNT AND NO TWO PASSENGERS CIRCUMSTANCES ARE THE SAME.  OUR MEMBERS SHOULDNT FEEL UNDER THREAT OF A FINE FOR MAKING A JUDGEMENT ON GROUNDS OF HEALTH & SAFETY

The Group noted that this matter had been covered earlier in the agenda.

(p) DUNDEE CITY COUNCIL VEHICLE TESTING SHOULD NOT BE KEPT IN HOUSE A NUMBER OF OPERATORS HAVE COMPLAINED OF THE SERVICE THAT THE COUNCIL GIVES WHEN TRYING TO BOOK TESTS, SOME STILL FIND THEMSELVES OFF THE ROAD NOT EARNING, MY TAXI BRANCH MEMBERS ARE ASKING THE COUNCIL TO ALLOW OTHER MOT STATIONS IN THE CITY TO DO THESE TEST D.V.S.A SET A STANDARD FOR MOT STATIONS TO CARRY OUT TAXI AND PRIVATE HIRE TESTS ALSO IN THE INTERESTS OF MY MEMBERS PROBABLY AT A COMPETITIVE COSTS FOR THE TESTS FOR THE TRADE. THE TEST IS MEANT TO BE NON-PROFIT FOR THE COUNCIL WE THINK IT IS UNFAIR THAT DUNDEE CITY COUNCIL CAN SET A PRICE FOR TESTING VEHICLES AND WE HAVE TO PAY THAT AMOUNT IT SHOULD BE ALLOCATED TO OTHER GARAGES THAT ARE QUALIFIED TO D.V.S.A STANDARDS THIS GIVING THE OPERATOR A CHOICE OF GARAGE TO USE, WOULD BENEFIT THE TRADE WHEN BOOKING TESTS AND LIMIT THE TIME OF THE ROAD AND WOULD MAKE THE COUNCIL MORE COMPETITIVE

The Group noted the matter and that Angus Council had put out their garage services to tender.

(q) WE WOULD LIKE TO KNOW THE SITUATION REGARDS THE FLASHCARDS FOR CCTV IN TAXIS WE ARE LED TO BELIEVE THE COUNCIL IS HAVING PROBLEMS DOWNLOADING THE FOOTAGE FROM THE FLASHCARD ON THE CYGNUS CCTV

The Group noted that this matter had been covered earlier in the agenda.

IV DATE OF NEXT MEETING

The Group noted that the next meeting of the Taxi Liaison Group would be advised in due course.

Lisa ARCHIBALD and Barry RODGER, Joint Chairs.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 7th March, 2019.

APPENDIX II

Present:-

Councillor Stewart HUNTER

Councillor Ken LYNN

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 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 DRIVER'S LICENCE REQUEST FOR HEARING

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 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 M 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 8th March, 2019.

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 - REQUEST FOR IMMEDIATE SUSPENSION

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

Stewart HUNTER, Convener.

APPENDIX IV

PUBLIC ENTERTAINMENT LICENCE

In terms of Section 9(5)(b) and 41 of the Civic Government (Scotland) Act 1982, a licensing authority is required to specify the class of entertainment or recreation for which it will be necessary to hold a Public Entertainment Licence. The former City of Dundee District Council adopted such a list of activities in 1984. At its meeting on 29th March, 2018, the Licensing Committee of Dundee City Council decided to propose and amended list of such activities for consultation in terms of Section 9(6)(A) of the said 1982 Act and this is set out below. It is also proposed that, in certain cases, the requirement for a licence should be extended to include events which are free to enter.

If anyone wishes to make any representation about this proposal, they should write to the Head of Democratic and Legal Services, 21 City Square, Dundee, DD1 3BY within 28 days of todays date. Any such representations must be considered by the Licensing Committee before it makes a final decision to which activities will require a licence. The Licensing Committee is also obliged to wait at least nine months from the making of the final decision before this would take effect.

All activities that fall under the definition of a public entertainment licence, should be licensed irrespective of whether or not participation in the event is on payment or is free.

The proposed fees would be as follows: