Licensing Sub-committee - 10/01/2019
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 10th January, 2019.
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 DRIVER'S LICENCE - SUSPENSION HEARINGS
(i) Reference was made to Article II(e)(ii) of the minute of meeting of this Sub-Committee of 4th October, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr S A during the currency of his Taxi Drivers Licence.
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S A during the currency of his Taxi Drivers Licence.
The Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing until the meeting of the Sub‑Committee to be held on 28th March, 2019 to await the outcome of court proceedings.
(ii) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub-Committee of 4th October, 2018, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr G B during the currency of his Taxi Driver's Licence to this meeting of the Sub-Committee, to await the outcome of court proceedings.
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G B during the currency of his Taxi Drivers Licence.
The Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub‑Committee to be held on 28th March, 2019 to await the outcome of court proceedings.
(iii) Reference was made to Article II(a)(iii) of the minute of meeting of this Sub-Committee of 4th October, 2018, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr R C during the currency of his Taxi Driver's Licence to this meeting of the Sub-Committee, to await the outcome of court proceedings.
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr R C during the currency of his Taxi Drivers Licence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken.
(iv) Reference was made to Article II(e)(i) of the minute of meeting of this Sub-Committee of 4th October, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr I C during the currency of his Taxi Drivers Licence.
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr I C during the currency of his Taxi Drivers Licence.
The Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr I C during the currency of his Taxi Drivers Licence to the meeting of this Sub-Committee to be held on 28th March, 2019 to await the outcome of court proceedings.
(v) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee of 6th September, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr T H during the currency of his Taxi Drivers Licence.
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 Drivers Licence.
The Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.
The Sub-Committee gave consideration to the content of the letters.
Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub‑Committee to be held on 28th March, 2019 to await the outcome of court proceedings.
(vi) Reference was made to Article II(a)(vi) of the minute of meeting of this Sub‑Committee of 4th October, 2018, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M J during the currency of his Taxi Driver's Licence to this meeting of the Sub-Committee to await the outcome of court proceedings.
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M J during the currency of his Taxi Drivers Licence.
The Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub‑Committee to be held on 28th March, 2019 to await the outcome of court proceedings.
(vii) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee of 1st November, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J McG during the currency of his Taxi Drivers Licence.
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J McG during the currency of his Taxi Drivers Licence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a written warning as to their future conduct.
(viii) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub-Committee of 1st November, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D OC during the currency of his Taxi Drivers Licence.
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D OC during the currency of his Taxi Drivers Licence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer and supporting documents which were tabled by the licence holder, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct.
(ix) Reference was made to Article II(e)(iii) of the minute of meeting of this Sub-Committee of 4th October, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr N S during the currency of his Taxi Drivers Licence.
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr N S during the currency of his Taxi Drivers Licence.
The Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub‑Committee to be held on 28th March, 2019 to await the outcome of court proceedings.
(b) TAXI OPERATORS LICENCE AND TAXI DRIVER'S LICENCE - SUSPENSION HEARING
Reference was made to Article II(f) of the minute of meeting of this Sub-Committee of 4th October, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr M M during the currency of his Taxi Operators Licence and Taxi Driver's Licence.
There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr M M during the currency of his Taxi Drivers Licence and Taxi Operators Licence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a Licensing Standards Officer, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer and consideration of supporting paperwork which was tabled by the agent on behalf of the licence holder, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 27th June, 2019, to allow the licence holder to attend the PAM Group for a medical examination to confirm that he met Group 2 standards and that he was medically fit to be the holder of a Taxi Driver's Licence and for an update report to be provided from the licence holders consultant physician.
(c) WINDOW CLEANERS LICENCE - SUSPENSION HEARING
Reference was made to Article II(d) of the minute of meeting of this Sub-Committee of 4th October, 2018, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr A W during the currency of his Window Cleaners Licence to this meeting of the Sub-Committee to await the outcome of court proceedings.
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A W during the currency of his Window Cleaners Licence.
The Sub-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 supporting documents tabled by the agent on behalf of the licence holder and the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct.
(d) TAXI DRIVERS LICENCE - REQUESTS FOR SUSPENSION HEARINGS
(i) There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr P M 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 a hearing be held in due course in relation to the fitness of Mr P M 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 W S during the currency of his Taxi Drivers Licence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr W S to be the holder of a Taxi Driver's Licence.
Stewart HUNTER, Convener.