Licensing Committee - 02/05/2019

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd May, 2019.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 28th 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 LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 28th March, 2019, was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

MARKET OPERATOR - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that a letter of objection had been submitted by a member of the public relevant to this application. Comments had also been submitted from the Environment Division relevant to this application. The Committee noted that the objector was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the contents of the documents. Thereafter, having heard the applicants on their own behalf, a representative of the Environment Division and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to conditions as narrated in the letter from the Environment Division and that the event be operated as a silent disco only.

In the case of Application No 2, the Committee noted that letters of objection had been submitted by members of the public relevant to this application. A letter of support had also been submitted by the applicant. The Committee noted that the objectors were not present and agreed that the matter be considered in their absence. The Committee gave consideration to the contents of the letters. Thereafter, having heard the applicants on their own behalf, a representative of the Chief Constable, a Licensing Standards Officer and consideration of the advice of the Legal Officer and consideration of a further letter which had been tabled by the Legal Officer on behalf of one of the objectors, the Committee agreed that the application be granted, subject to additional conditions which had been agreed at the Safety Advisory Group as narrated by the Legal Officer as follows:-

(i) Persons attending the event must not bring their own alcohol;

(ii) First Aid and Lost Child facilities must be clearly identifiable;

(iii) No balloons or sky lanterns will be allowed;

(iv) Flammable goods will be prohibited.

(c) SKIN PIERCING AND TATTOOIST - NEW APPLICATION

There was submitted the undernoted application.

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 noted that the applicant had failed to provide a copy of an original document from HMRC or a First Aid Training Certificate within the prescribed period of time, the Committee agreed that the application be considered incompetent.

(d) FARES FOR HIRE OF TAXIS - ANNUAL REVIEW

It was reported that a request had been received from Willie Lees of the RMT Union to address the Committee as a deputation relevant to this item of business. The Committee agreed to hear the deputation and after the deputation had put forward their case and answered questions from members of the Committee they were thanked for their attendance and withdrew.

There was submitted Agenda Note AN28-2019 reporting that in terms of the agreed formula, the proposed increase using transport indices was 3.27% which brought about changes to the tariffs for the hire of taxis which were recommended for approval.

Thereafter, having heard the deputation and the Legal Officer, the Committee agreed:-

(i) to the proposed tariffs for hire of taxis as follows:-

- Tariff 1 (daytime) 3.10 increasing to 3.20 and each additional 1/10th of a mile to increase from 16p to 17p;

- Tariff 2 (weekday evenings) 3.41 increasing to 3.52 and each additional 1/10th of a mile to increase from 17p to 19p;

- Tariff 3 (weekend evenings) 3.72 increasing to 3.84 and each additional 1/10th of a mile to increase from 19p to 20p;

- Tariff 4 (festive period) 4.34 increasing to 4.48 and each additional 1/10th of a mile to increase from 22p to 24p;

(ii) to note that the proposals would have to be advertised and subject to any public objections or appeal to the Traffic Commissioner, the new scales would take effect from 1st August 2019; and

(iii) to note that the increases in fares indicated at (i) would apply to the initial charge and the mileage rates.

(e) TAXI LIAISON GROUP - REQUEST FOR MEMBERSHIP

There was submitted the undernoted application.

In the case of Application No 1, reference was made to Article II(c) of the minute of meeting of this Committee held on 2nd August, 2018, wherein the minimum criteria of the membership of the Taxi Liaison Group was set at 60 members from Trade Associations and 39 members from Taxi and Private Hire Offices. The Committee noted that a request had been submitted for membership of the Taxi Liaison Group. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer and noting that the organisation met the criteria for membership of the Taxi Liaison Group and had provided details of their members to the Licensing Office to enable this to be confirmed, the Committee agreed that one representative from the Dundee Taxi Information Group be entitled to attend meetings of the Taxi Liaison Group.

(f) 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 Operators Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was James Garside (OP297). Directors of Hawkhill Taxi Company were James Garside, Joseph Conroy and James Marr. 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 Operators Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was Joseph Conroy (OP196). Directors of Hawkhill Taxi Company were James Garside, Joseph Conroy and James Marr. 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 Operators Licence with an electric vehicle. The existing licence holder was David Dodds (OP767). Directors of RRT2 Ltd were David Dodds and Ryan Todd. 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 4, the Committee noted that an application had been made for a Taxi Operator's Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was Robert Donaldson (OP63). Directors of Wild Heather Ltd were Robert Donaldson and Frances Dickson. 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.

(g) 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 (OP1935) 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 application had been withdrawn by the licence holder as a vehicle had now been placed on service in the operation of the licence.

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 (OP453) 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 3, reference was made to Article IV(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. The Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP1876) 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 a representative on behalf of the applicant 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 4, the Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP1030) 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 Legal Officer, the Committee agreed to note that no further action was required as the licence holder had surrendered their licence, which had now ceased to have effect.

IV 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 - NEW APPLICATIONS

There were submitted the undernoted applications.

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. A copy of the Overprovision Report relevant to this application was also submitted. The Committee gave consideration to the contents of the documentation. 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.

In the case of Application No 2, the Committee noted that one of the applicants was seeking to manage the property themselves in a day-to-day capacity and was not known to the Licensing Committee. A copy of the Overprovision Report relevant to this application was submitted. The Committee noted that the applicants were not present and agreed that the matter be considered in their absence. The Committee noted that a request had been received from the applicants for consideration of the matter to be deferred to a future meeting of the Committee. Thereafter, having heard the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 6th June, 2019, to allow the applicants to be present.

In the case of Application No 3, the Committee noted that the agent the applicant was seeking to use in the day-to-day management of the property was not known to the Licensing Committee. A copy of the Overprovision Report relevant to this application was submitted. The Committee gave consideration to the content of the report. 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.

In the case of Application No 4, the Committee noted that the application was subject to the Overprovision Policy and the maximum number of houses in multiple occupation in the relevant census output area had been reached. A copy of the Overprovision Report relevant to this application was submitted. The Committee noted that the applicant was not present and agreed the matter be considered in their absence. The Committee noted that a request had been received from the applicant for consideration of the matter to be deferred to a future meeting of the Committee. Thereafter, having heard the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 6th June, 2019, to allow the applicant to be present.

(c) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, there was submitted a letter of objection from 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. The Committee gave consideration to the content of the letter of objection. Thereafter, having heard the Private Sector Services Manager, representatives 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 the applicant was seeking to manage the property themselves in a day-to-day capacity and was not known to the Licensing Committee. The Committee noted the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that a request had been received from the applicant for consideration of the matter to be deferred to a future meeting of the Committee. Thereafter, having heard the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 6th June, 2019, to allow the applicant to be present and that the applicant be advised that non-attendance may mean the matter being determined in their absence.

In the case of Application No 3, there was submitted a letter of objection from 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. The Committee gave consideration to the content of the letter of objection. Thereafter, having heard the Private Sector Services Manager, representatives 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 4, 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, 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 5, 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, 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 6, there were submitted letters of objection from members of the public relevant to this application. The Committee noted that the objectors were not present and agreed that the matter be considered in their absence. The Committee gave consideration to the contents of the letters of objection. Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the applicant, a representative of the Chief Constable, a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 7, there was submitted a letter of objection from 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. The Committee gave consideration to the content of the letter of objection. Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the applicant, a representative of the Chief Constable, a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(d) HOUSES IN MULTIPLE OCCUPATION - UPDATE

There was submitted the undernoted application.

In the case of Application No 1, reference was made to Article VII(a) of the minute of meeting of this Committee held on 7th March, 2019, wherein it was agreed to recall the application to this meeting of the Committee for an update from the Private Sector Services Manager as to whether the managing agents had applied to join the Letting Agents Register. 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 and the matter be recalled to the meeting of this Committee to be held on 27th June, 2019, for a further update from the Private Sector Services Manager on the progress of the application by the managing agents to join the Letting Agents Register.

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) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION

There was submitted an application by Mr K W for renewal of his Houses in Multiple Occupation Licence. There was submitted a letter of objection from 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. 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, a representative of the Chief Constable, a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

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

(a) LANDLORD REGISTRATION - NEW APPLICATIONS

(i) There was submitted an application by Mr C W for registration as a landlord. There was submitted a letter of observation from the Private Sector Services Manager relevant to this application. 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 consideration of the matter be deferred to the meeting of this Committee to be held on 6th June, 2019, to allow the applicant to be in attendance.

(ii) There was submitted an application by Mr S S for registration as a landlord. There was submitted a letter of observation from the Private Sector Services Manager relevant to this application. 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 consideration of the application be deferred to the meeting of this Committee to be held on 27th June, 2019, to allow for the applicant to be in attendance and for a letter of information from the Chief Constable relevant to this application to be submitted for consideration.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) DECEASED HOUSES IN MULTIPLE OCCUPATION LICENCE OPERATOR -REQUEST FOR EXTENSION OF TIME TO WIND-UP THE ESTATE

Reference was made to Article V(a)(i) of the minute of meeting of this Committee held on 10th January, 2019, 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 Houses 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. Thereafter, having heard the Private Sector Services Manager, the Managing Agent 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 27th June, 2019.

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

(i) There was submitted a request by Mr W B for a further 28 day extension to allow him 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 Legal Officer, the Committee agreed to note that no further action was required as the application had been withdrawn from consideration by the applicant.

(ii) 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.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr C D for a Taxi Driver's Licence. There was submitted a letter of representation from the Chief Constable relevant to this application. There was also submitted comments from the Corporate Finance Division relevant to this application. The Committee gave consideration to the contents of the letters. 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.

(ii) There was submitted an application by Mr R I for a Taxi Driver's Licence. There was submitted a letter of objection from the Chief Constable relevant to this 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 for a period of six months and that the matter be recalled to the meeting of this Committee to be held on 5th December, 2019, for an update from the Chief Constable on the operation of the licence.

(iii) There was submitted an application by Mr G M for a Taxi Driver's Licence. There was submitted a letter of representation from the Chief Constable relevant to this application. There was also submitted comments from the Corporate Finance Division relevant to this application. The Committee gave consideration to the contents of the letters. Thereafter, having heard a representative of the Chief Constable, representatives 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 granted for a period of six months and that the matter be recalled to the meeting of this Committee to be held on 5th December, 2019, for an update from the Chief Constable on the operation of the licence.

(iv) There was submitted an application by Mr L R for a Taxi Driver's Licence. There was submitted a letter of objection from the Chief Constable relevant to this application. There was also submitted comments from the Corporate Finance Division relevant to this application. The Committee gave consideration to the contents of the letters. 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.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to the decision taken under delegated powers by the Head of Democratic and Legal Services in consultation with the Convener on 18th April, 2019, to suspend the Taxi Driver's Licence held by Mr E A with immediate effect due to the medical fitness of the licence holder and that a hearing be held in due course in relation to the medical fitness of Mr E A to be the holder of a 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 the Legal Officer, the Committee agreed that consideration of the hearing be adjourned until the meeting of this Committee to be held in May, 2020, to allow for the medical fitness of Mr E A to be a holder of a Taxi Drivers Licence to be established and to continue the suspension of the Taxi Drivers Licence held by Mr E A during the intervening period with immediate effect.

(ii) Reference was made to the decision taken under delegated powers by the Head of Democratic and Legal Services, in consultation with the Convener on 18th April, 2019, to suspend the Taxi Driver's Licence held by Mr J McG with immediate effect due to the medical fitness of the licence holder and that a hearing be held in due course in relation to the medical fitness of Mr J McG to be the holder of a 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 the Legal Officer, the Committee agreed that consideration of the hearing be adjourned until the meeting of this Committee to be held on 27th June, 2019, to allow for the licence holder to undertake a visual assessment and that delegated authority be given to the Head of Democratic and Legal Services in consultation with the Convener to recall the suspension of the licence should the assessment be satisfactory prior to that date.

(iii) Reference was made to Article II(a) of the minute of meeting of this Committee held on 7th January, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G McM 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 suspension of the Taxi Driver's Licence held by Mr G McM during the intervening period with immediate effect. There was submitted the original letter of information from the Chief Constable relative to the alleged conduct of Mr G McM 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the hearing be adjourned to the meeting of this Committee to be held on 5th September, 2019, to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr G McM during the intervening period with immediate effect.

(e) TAXI DRIVER'S LICENCE'S APPLICATION - UPDATE

Reference was made to Article VII(e)(ii) of the minute of meeting of this Committee held on 6th December, 2018, wherein it was agreed to recall the application by Mr S R for a Taxi Driver's Licence to this meeting of the Committee for an update on the licence holder's status 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 R for a Taxi Driver's Licence. Thereafter, having heard a Licensing Standards Officer, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to further defer the update in relation to the eligibility of the licence holder to remain resident in the United Kingdom until the meeting of this Committee to be held on 3rd October, 2019, to await the outcome of the appeal to the Home Office.

Stewart HUNTER, Convener.

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

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) PRIVATE HIRE OPERATORS LICENCES - SUSPENSION HEARING

Reference was made to Article II(d)(i) of the minute of meeting of this Sub-Committee held on 10th January, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr P M during the currency of his Private Hire Operators Licences. There was submitted a letter of information from a Licensing Standards Officer relevant to the alleged conduct of Mr P M during the currency of his Private Hire Operators Licences. 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 Licensing Standards Officer and consideration of the advice of the Legal Officer, the Sub-Committee agreed to note that no further action was required as the licences, as narrated in the letter, ceased to have effect.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee held on 7th February, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr N A 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 N 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 and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub-Committee agreed that no further action be taken.

(ii) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee held on 10th January, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr S A during the currency of his Taxi Drivers Licence to this meeting of the Sub-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 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 further adjourn the hearing to the meeting of this Sub-Committee to be held on 27th June, 2019 to await the outcome of court proceedings.

(iii) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub-Committee held on 10th January, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G B during the currency of his Taxi Drivers Licence to this meeting of the Sub-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 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 further adjourn the hearing to the meeting of this Sub-Committee to be held on 27th June, 2019 to await the outcome of court proceedings.

(iv) Reference was made to Article II(a)(iv) of the minute of meeting of this Sub‑Committee held on 10th January, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr I C during the currency of his Taxi Drivers Licence to this meeting of the Sub-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 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 and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub-Committee agreed that no further action be taken.

(v) Reference was made to Article II(a)(iii) of the minute of meeting of this Sub-Committee held on 7th February, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr B D 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 B D 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 consideration of a letter of support which had been tabled by the licence holder, the Sub-Committee agreed that no further action be taken.

(vi) Reference was made to Article II(a)(v) of the minute of meeting of this Sub-Committee held on 10th January, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr T H during the currency of his Taxi Drivers Licence to this meeting of the Sub-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 T H 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 receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub-Committee agreed that no further action be taken.

(vii) Reference was made to Article II(a)(vi) of the minute of meeting of this Sub‑Committee held on 10th January, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M J during the currency of his Taxi Drivers Licence to this meeting of the Sub-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 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 that the hearing be further adjourned until the meeting of this Sub‑Committee to be held on 27th June, 2019 to await the outcome of court proceedings.

(viii) Reference was made to Article II(b)(ii) of the minute of meeting of this Sub-Committee held on 7th February, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J L during the currency of his Taxi Drivers Licence. There was submitted a letter of information from the Corporate Finance Division relevant to the alleged conduct of Mr J L during the currency of his Taxi Driver's Licence. The Sub‑Committee gave consideration to the content of the letter. Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the hearing be adjourned until the meeting of this Sub‑Committee to be held on 3rd October, 2019 to allow for payments to be made and a payment plan to be agreed with the Corporate Finance Division.

(ix) Reference was made to Article II(a) of the minute of meeting of this Sub-Committee held on 7th March, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G M 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 G M during the currency of his Taxi Drivers Licence. There were also submitted letters of support on behalf of the licence holder. The Sub-Committee gave consideration to the content of the letters. 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 Sub-Committee agreed that the licence holder be issued with a final written warning as to their future conduct during the currency of their Taxi Drivers Licence.

(x) Reference was made to Article II(a)(ix) of the minute of meeting of this Sub‑Committee held on 10th January, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr N S during the currency of his Taxi Drivers Licence to this meeting of the Sub-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 N S 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 receiving confirmation that the licence holder had been found not guilty in a court of law, the Sub-Committee agreed that no further action be taken.

(xi) Reference was made to Article II(d)(ii) of the minute of meeting of this Sub-Committee held on 10th January, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr W S 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 W 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 that the hearing be adjourned until the meeting of this Sub-Committee to be held on 27th June, 2019 to await the outcome of court proceedings.

(xii) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub-Committee held on 7th February, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr I W 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 I W 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 the licence holder be issued with a verbal warning as to their future conduct during the currency of their Taxi Drivers Licence.

(c) TAXI DRIVER'S LICENCE - REQUESTS FOR SUSPENSION HEARINGS

(i) There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct Mr W W 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 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 W to be a holder of a Taxi Drivers Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct Mr R B 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 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 R B to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.