Licensing Sub-committee - 28/03/2019
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 28th March, 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) 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.