Licensing Committee - 06/06/2019

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th June, 2019.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 2nd May, 2019 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 2nd May and 7th May, 2019 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

MARKET OPERATOR - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATION

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATION

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

(b) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATION

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 Hiney (OP705). Directors of DD7 Ltd were James Hiney, William Geekie and Graham Geekie. Thereafter, having heard a representative 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.

(c) TAXI OPERATOR - REQUESTS FOR EXTENSION OF TIME TO PLACE VEHICLES ON SERVICE

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 (OP210) 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heard the Legal Officer, the Committee agreed to note that no further action was required as the application had been withdrawn from consideration by the licence holder as a vehicle had now been placed on service in the operation of the licence.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 (OP582) 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 application had been withdrawn from consideration 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 3, the Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP112) 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 4, 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 been 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 application had been withdrawn from consideration 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 5, 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. 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 that application be refused.

(d) TINTED WINDOWS IN TAXIS AND CCTV

There was submitted Agenda Note AN39-2019 reporting that there had been previous discussions with the representatives of the taxi trade concerning the issue of tinted windows in taxis. The Committees current policy was that tinted windows were not permitted in taxis. However, an increasing number of vehicles being considered by operators for use as taxis were being supplied with tinted windows as standard and, in order to comply with the policy, the operators required to replace the tinted glass at their own expense or cancel the purchase altogether.

It was reported that the Committee had previously been asked to consider relaxing the policy to allow vehicles with tinted windows to be used as taxis where the operator was agreeable to the installation of an approved CCTV system within the vehicle. The Committee stated that it would be prepared to consider this once the approved CCTV system had been in place and shown to be reliable.

Smart Witness was the approved system for CCTV in Taxis in Dundee and this had now been in operation for around nine months with no issues arising. Following discussion and having considered the advice of the Legal Officer, the Committee agreed:-

(i) to allow an exception to the tinted window policy, where CCTV was to be installed by the operator and, if necessary, to make such installation a condition of any variation to the policy; and

(ii) that consideration of applications for variation of conditions of Taxi Operators licences to install tinted windows in vehicles to be used in operation of the licence, where CCTV was to be installed be delegated to the Head of Democratic and Legal Services for determination in consultation with the Convener.

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.

(e) PUBLIC ENTERTAINMENT LICENCES - STANDARD AND SPECIFIC CONDITIONS

Reference was made to Article IV(c) of the minute of meeting of this Committee of 20th March, 2019 wherein it was agreed to amend the resolution of activities to be covered by Public Entertainment Licences. There was submitted Agenda Note AN41-2019 proposing that the following conditions for specific activities, gyms, nail bars and sun tanning studios be approved for adoption in addition to the standard Public Entertainment Licence conditions, an updated version of which was also submitted for approval.

Following discussion and having heard the Legal Officer, the Committee agreed to approve the conditions, copies of which are attached to this minute as Appendices III, IV, V and VI.

IV HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - FEES

There was submitted Agenda Note AN40-2019 reporting that the Houses in Multiple Occupation Fees required to be reviewed to take into account increased staffing costs to the Council.

The proposed revised fee scales were as follows:

The fee for each occupancy level was in two parts, the basic fee and an additional fee charged for each individual additional inspection over and above the maximum number of inspection visits indicated in the current Guidance Notes and Standards for Shared Accommodation. Additional Inspection fees would only be raised where an excess number of inspections were required.

Variations

Where an applicant/licence holder wished to vary his licence/licence application as a result of a proposed change in occupancy level, a change of day to day manager or as a result of a physical change to the layout of the property, an application would be required to enable a new licence to be granted. A reduced application fee would apply, as indicated below:

The Committee agreed to the revised fee scales as indicated and that these be effective from 6th June, 2019.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

(c) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

In the case of Application No 1, reference was made to Article IV(b) of the minute of meeting of this Committee of 2nd May, 2019, wherein it was agreed to defer consideration of this application to this meeting of the Committee to allow the applicant to be in attendance. 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 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 2, reference was made to Article IV(b) of the minute of meeting of this Committee of 2nd May, 2019, wherein it was agreed to defer consideration of the application to this meeting of the Committee to allow the applicants to be in attendance. The Committee noted that one of the applicants was seeking to manage the property themselves and 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, 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 3, the Committee noted that a letter of objection had been submitted by a member of the public relevant to this application. A copy of the overprovision report relevant to this application was also submitted. 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 documentation. 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.

(d) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

In the case of Application No 1, reference was made to Article IV(c) of the minute of meeting of this Committee of 6th May, 2019, wherein it was agreed to defer consideration of the application to this meeting of the Committee to allow the applicant to be in attendance. The Committee noted that the applicant was seeking to manage the property themselves and was not known to the Licensing Committee. 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, 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, 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, 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, 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, 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, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to the condition that the managing agent arranged for appropriate certification to be obtained as necessary.

In the case of Application No 5, 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, 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, the Committee agreed to resolve under Section 50(A)(4) of the Local Government (Scotland) Act 1973, that the press and public be excluded from the meeting for this item of business, on the grounds that it involved the likely disclosure of exempt information as detailed in paragraphs 3, 6 and 9 of Part I of Schedule 7(A) of the Act and that the matter be considered in the private part of the Agenda.

In the case of Application No 7, 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, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 5th September, 2019 to allow for outstanding works to be completed to the satisfaction of the Private Sector Services Unit and that should the works be completed prior to that date that delegated authority be given to the Head of Democratic and Legal Services to determine the application in consultation with the Convener.

In the case of Application No 8, 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, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 5th September, 2019 to allow for outstanding works to be completed to the satisfaction of the Private Sector Services Unit and that should the works be completed prior to that date that delegated authority be given to the Head of Democratic and Legal Services to determine the application in consultation with the Convener.

In the case of Application No 9, 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, 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 10, 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, 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 11, 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, 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 12, 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, 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 13, 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, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 5th September, 2019 to allow for outstanding works to be completed to the satisfaction of the Private Sector Services Unit and that should the works be completed prior to that date that delegated authority be given to the Head of Democratic and Legal Services to determine the application in consultation with the Convener.

In the case of Application No 14, 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, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 5th September, 2019 to allow for outstanding works to be completed to the satisfaction of the Private Sector Services Unit and that should the works be completed prior to that date that delegated authority be given to the Head of Democratic and Legal Services to determine the application in consultation with the Convener.

In the case of Application No 15, 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, 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 16, 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, 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 17, 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, 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 18, 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, a representative on behalf of the applicant, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 5th September, 2019 to allow for outstanding works to be completed to the satisfaction of the Private Sector Services Unit and that should the works be completed prior to that date that delegated authority be given to the Head of Democratic and Legal Services to determine the application in consultation with the Convener.

(e) HOUSES IN MULTIPLE OCCUPATION - UPDATE

In the case of Application No 1, reference was made to Article V(c) of the minute of meeting of this Committee of 6th December, 2018, wherein it was agreed to recall the application to this meeting of the Committee for an update from the Private Sector Services Manager on the operation of the licence. Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the applicant, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

V HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION

Reference was made to Article IV(d) of this minute, wherein it was agreed to consider the application for renewal of the Houses in Multiple Occupation Licence held by Ms A K in the private part of the proceedings.

There was submitted an application by Ms A K for renewal of their Houses in Multiple Occupation Licence. There was submitted a letter of observation from the Private Sector Services Manager relative to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, an agent 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 one years time with a request that the applicant be personally present.

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

LANDLORD REGISTRATION - NEW APPLICATIONS

(i) Reference was made to Article VI(a)(i) of the minute of meeting of this Committee held on 2nd May, 2019, wherein it was agreed to defer consideration of the application by Mr C W to be registered as a Landlord to this meeting of the Committee to allow the applicant to be in attendance. There was submitted an application by Mr C W 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, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to the condition that Mr C W had no involvement in the day to day management of the properties and that should the managing agent be removed that that be reported to a meeting of the Committee.

(ii) There was submitted an application by Mr S R 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 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 heard the Private Sector Services Manager, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 27th June, 2019 to allow for a letter of objection from the Chief Constable to be submitted for consideration.

(iii) There was submitted an application by Mr A T 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 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 heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 27th June, 2019, to allow the licence holder to be present and that the licence holder be advised that non- attendance may mean that the matter may be considered in their absence.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr M A for a Taxi Drivers Licence. There was submitted a letter of objection from the Chief Constable 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 to note that no further action was required as the application had been withdrawn from consideration by the applicant.

(ii) There was submitted an application by Ms J G for a Taxi Drivers Licence. There was submitted a letter of objection from the Chief Constable relevant to this application together with a further letter of objection from the Chief Constable. 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 letters. Thereafter, having considered the advice of the Legal Officer and having noted that the applicant had not provided a medical certificate, Unique Tax Reference Number, SQA Certification or passed the Street Test within the prescribed period the Committee agreed that the application be considered incompetent.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article VIII(d)(i) of the minute of meeting of this Committee of 28th March, 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 Drivers Licence to this meeting of the Committee 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 and that no action be taken in relation to the Taxi Operators 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 Drivers Licence and Taxi Operators Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, 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 Committee agreed that no further action be taken.

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee of 7th May, 2019, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr R B with immediate effect and that a hearing be held in due course in relation to the alleged conduct of Mr R B during the currency of his Taxi Drivers Licence. There were submitted letters of information from the Chief Constable relevant to the alleged conduct of Mr R B during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr R B during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 5th September, 2019 to await the outcome of court proceedings and to recall the suspension of the Taxi Drivers Licence held by Mr R B during the intervening period with immediate effect.

(iii) Reference was made to the decision taken under delegated powers by the Head of Democratic and Legal Services in consultation with the Convener on 8th May, 2019 wherein it was agreed to suspend the Taxi Drivers Licence held by Mr D B 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 D B 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 5th September, 2019, to allow for a report on the medical fitness of the licence holder to be submitted and that should that report be received prior to then that delegated authority be given to the Head of Democratic and Legal Services to determine the matter in consultation with the Convener.

(c) TAXI DRIVER'S LICENCE/TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

Reference was made to V(h) of the minute of meeting of this Committee of 7th February, 2019, wherein it was agreed that no further action be taken in relation to the alleged conduct of Mr A M during the currency of the Private Hire Operator, Taxi Driver and Taxi Operators Licences held by Mr A M and that the licence holder be issued with a written warning as to his future conduct during the currency of his Private Hire Operator, Taxi Driver and Taxi Operators Licences and that the matter be recalled to this meeting of the Committee for an update on the operation of the licences. Thereafter, having heard a representative of the Chief Constable, a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(d) TAXI DRIVER'S LICENCE - UPDATE

Reference was made to Article VII(d) of the minute of meeting of this Committee of 6th December, 2018, wherein it was agreed to grant the application by Mr E R for a Taxi Drivers Licence and to recall the matter to this meeting of the Committee for an update on the operation of the licence. There was submitted a copy of the original email of information 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. Thereafter, having heard the Legal Officer and receiving confirmation that the licence holder had entered into a payment arrangement with the Corporate Finance Division, the Committee agreed that no further action be taken and that should any application for renewal of licence be submitted that this be submitted to a meeting of the Licensing Committee for consideration.

Stewart HUNTER, Convener.

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

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Ken LYNN

Councillor Charlie MALONE

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 OPERATORS LICENCE AND TAXI DRIVERS LICENCE - REQUESTS FOR HEARINGS

(i) There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr J C during the currency of his Taxi Operators Licence and Taxi Driver's 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 alleged conduct of Mr J C during the currency of his Taxi Operators Licence and Taxi Drivers Licence.

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.

(ii) There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Ms D McC during the currency of her Taxi Operators Licence and Taxi Driver's 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 alleged conduct of Ms D McC during the currency of her Taxi Operators Licence and Taxi Drivers Licence.

Stewart HUNTER, Convener.

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

APPENDIX II

Present:-

Councillor Stewart HUNTER

Councillor Mark FLYNN

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 R B 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 R B be suspended with immediate effect and that a suspension hearing be held in due course in relation to the alleged conduct of Mr R B during the currency of his Taxi Drivers Licence.

Stewart HUNTER, Convener.

APPENDIX III

GYM CONDITIONS

1. There must be at least one staff member on duty at all times when the premises are open to the public who is trained and qualified in first aid and the use of a heart defibrillator.

2. There must be a heart defibrillator kept in a prominent location within the premises.

3. The licence holder shall ensure that an operational telephone is installed, or otherwise be available in the premises at all times.

4. A suitable supply of wholesome drinking water must be available.

5. All gym equipment shall be kept in good condition and repair and will undergo inspection by a competent person on a regular basis. Facilities will exist to enable cleaning of the equipment between uses.

6. All gym users must undergo induction training and be assessed as competent before they use gym equipment unsupervised. The induction record will be signed and dated by the member of staff who carried it out and also signed by the gym user.

7. The licence holder or manager must ensure there are adequate procedures in place to ensure participants engaging in sporting activities are wearing suitable personal protective equipment.

APPENDIX IV

NAIL BAR CONDITIONS

DEFINITIONS

Nail Treatments

Any, or all, of the following; manicure, pedicure, nail extensions and artificial nails of any kind are considered as nail treatments Also includes; treatments of the hands, feet, finger nails or toe nails which may include scrubbing, massage, cutting, filing, varnishing and cuticle removal.

A licence will be required by businesses or self-employed individuals operating either independently within premises or in a peripatetic manner.

1. The Licence Holder shall ensure that every operator is capable of demonstrating that they have sufficient knowledge, skill, training and experience commensurate with the activities they carry out. Qualifications must be accredited, nationally recognised or of an equivalent standard and must cover Salon Hygiene/Infection Control or similar. The Licence holder shall retain a record of the information provided.

2. The Licence Holder shall ensure Control of Substances Hazardous to Health Regulations 2002 (as amended in 2004) (COSHH) assessments will be undertaken for the substances in use and the findings acted on including any health surveillance required. Note: Your product supplier will provide you with the Manufacturers Safety Data Sheets for each product, these will be required when undertaking COSHH assessments. The following link will provide further information on COSHH http://www.hse.gov.uk/toolbox/harmful/coshh.htm

3. The Licence Holder shall not use Methyl Methacrylate Liquid Monomer (MMA) products for any treatments.

4. The Licence Holder shall ensure there is sufficient equipment such as scissors, cuticle pushers, nail clippers, etc. provided so that enough equipment is in place in order that it can be adequately cleaned and disinfected between clients. Where possible sterile single-use instruments will be used. The treatment table and other hard surfaces shall be cleaned between clients using a suitable surface disinfectant.

5. The Licence Holder shall ensure that a wash hand basin is provided in the salon treatment area which must have running hot and cold water, preferably via mixer taps and be connected to suitable drainage. Portable wash hand basins are not permitted. There must also be an adequate supply of soap and paper towels to be provided at the wash hand basin.

6. The Licence Holder shall ensure that both the client and service provider wash their hands between each treatment. Where clients feet are to be treated such as a pedicure, the area around the treatment area will be appropriately cleaned and disinfected.

7. The Licence Holder shall ensure a clean and laundered towel is used for each client.

8. The Licence Holder shall ensure that odour and dust are controlled within the premises.

8.1 In order to reduce vapour from solvents, as so far as is reasonably practicable, solvents will be dispensed from a container with a lid which must be replaced after every use. Discarded solvent soaked materials shall be disposed of in a metal container with a tight fitting lid, the container shall be lined with an appropriate waste disposal bag.

8.2 In order to control dust and odour, where a downdraught work table is not used, all work tables shall incorporate an appropriate extractor hood. The clients nails must be over the downdraught or close to the hood. The extracted air must be suitably filtered or extracted externally. Filters shall be changed in line with manufacturers instructions to remain effective.

Where extracted to an outside source any extracted odour and dust shall not cause a nuisance or fire hazard. Where the above controls do not lead to the control of odour and/or dust, additional forced ventilation and extraction may be required, a competent engineer must be consulted so as to ensure that any system installed will be effective.

9. The Licence Holder shall ensure that any treatment room or area must have a sufficient quantity of fresh air such as openable windows as a minimum requirement. Where there is insufficient natural air flow, mechanical ventilation may be required.

The Licence Holder shall ensure that prior to any treatment a pre service consultation is completed. This will include the following checks as a minimum:

Personal details Details of client treatment requirements

Condition of skin and nails

Limitations to service

Contraindications checks - the following list of conditions although not exhaustive may indicate that a cosmetic procedure should not be carried out:

?                                             A history of skin conditions e.g. dermatitis, eczema or sensitive skin.

?                                             A history of allergies

?                                             Poor skin or nail condition.

?                                             Is the client undergoing chemotherapy or radiation treatment?

?                                             Has the client got an existing medical condition e.g. infection, heart disease, blood disease (Hepatitis B, C, HIV), haemophilia?

?                                             Is the client pregnant?

?                                             Does the client have a history of skin cancer or is the client on medication that makes the skin photosensitive?

Aftercare advice and advice on contraindications

Client and nail technician signature and date

The pre service consultation record must be signed and dated by the client prior to any treatment. The record must be filed securely for a period of two years and be available to the enforcing authority for inspection.

10. The Licence Holder shall ensure that any client who presents a condition that is a contraindication to the treatment shall be asked to seek medical advice from their GP prior to the treatment being carried out. Written authorisation from the client's GP shall be provided prior to any treatment being undertaken. A copy of this information shall be retained with the written records of the client's personal details.

11. The Licence holder shall ensure that nail treatment is not carried out on any child under the age of 16 unless accompanied by a person who has parental rights and responsibilities in respect of that child and who has also given their consent in writing to the nail treatment.

12. Where written consent has been provided, the person having the parental rights and responsibilities shall include in their written consent:

?                                             their relationship to the client,

?                                             the name, address and age of the person to be pierced,

?                                             the type of piercing,

?                                             the type of body jewellery to be used and

?                                             the consent must be signed and dated by them.

13. The use of electric drills/files on a clients natural nail is prohibited. Electric drills/files may only be used on the surface of the artificial nail and must not be used to blend the artificial nail to the natural nail. Only persons with specific training in the use of electric drills/files, and who are competent in their use, are permitted to use them.

14. Appropriate aftercare advice must be provided following each treatment. This must include information on actions to take if any adverse conditions occur. Where possible this should be given orally and in a written form for the client to take away.

15. The licence must be kept on display in a prominent location within the premises.

APPENDIX V

SUN TANNING ESTABLISHMENT CONDITIONS

1. The Licence Holder shall ensure that they comply with the requirements of The Public Health etc. (Scotland) Act 2008 and (Sunbed) Regulations 2009.

2. The Licence Holder shall ensure that every operator is capable of demonstrating that they have sufficient knowledge, skill, training and experience commensurate with the activities they carry out. The Licence holder shall retain a record of the information provided.

3. The premises must have suitable and sufficient ventilation to ensure that heat generated by the sun tanning equipment is effectively dissipated.

4. The Licence Holder shall ensure that all sun tanning equipment must be screened within a room or cubicle or enclosure of sufficient height and depth to prevent unnecessary exposure of UV radiation to persons not using the equipment.

5. The Licence Holder shall ensure that any room, cubicle or enclosure containing sun tanning equipment must be capable of being opened from the outside by staff members in case of emergency. Any door to said room or cubicle or enclosure must be fitted in such a way that its opening cannot be impeded.

6. The Licence Holder shall ensure that all surfaces of sun tanning equipment that come into contact with equipment users must be appropriately cleaned and disinfected between each use. Any appropriate cleaning agent shall be used in accordance with the manufacturers instructions and dilution rate.

7. The premises must have at least one wash-hand basin with hot and cold running water for use by equipment users to wash off any skin creams and makeup.

8. The Licence Holder shall ensure that a supply of wholesome drinking water and, if necessary, disposable drinking vessels must be available for equipment users without charge.

9. The Licence Holder shall ensure that suitable tanning advice is given to all clients relative to their skin type.

10. The Licence Holder shall ensure that each new equipment user provides details of any medical or health condition which could be affected by the use of said sun tanning equipment and shall ensure that a pre-screening health questionnaire is completed in this regard prior to commencing any sun tanning treatment. The client record will include the following checks as a minimum:

?                                            Personal details

?                                            Skin Type - clients whose skin is prone to UV damage must be advised not to use tanning equipment.

?                                            Contraindications

?                                            Service details and recommendations

?                                            Medical history (including any medications)

?                                            Aftercare advice and advice on contraindications

?                                            Client signature and date

11. The Licence Holder shall ensure that records are kept of each equipment user detailing: name, address and age, the dates of exposure and number and duration of exposures received. The operator of sun tanning equipment must take all reasonable steps to advise equipment users on the health implications of overexposure.

12. The Licence Holder shall ensure that persons under the age of 18 are prohibited from using sun tanning equipment. The Licence Holder must ensure that age verification checks are carried out as follows:

?                                             Always ask young people to produce proof of their age. Acceptable forms of I.D.are: a passport; a European Union photo card driving licence; or a photographic identity card bearing the national Proof of Age Standards Scheme (PASS) hologram.

?                                             Make sure the card matches the person using it and the date of birth shows they are over 18.

If the identification provided raises suspicions or if the person cannot prove they are over 18, then they should be prevented from using the tanning equipment.

13. The Licence Holder shall ensure that suitable protective eye equipment which meets relevant British and European Standards is provided free of charge, and instruct equipment users in their use. All protective eye equipment must be adequately cleaned and disinfected between clients or single use disposable protective eye equipment be provided.

14. The Licence Holder shall ensure that any defective tanning equipment is immediately taken out of use until it is effectively repaired.

15. The sun tanning equipment must be serviced, when required, by a competent person as defined in the Electricity at Work Regulations 1989 (as amended). Records of servicing and repair work, including tube replacement and any permitted change to tube output ratings, must be kept for a period of 3 years from the date of service or repair or replacement. The sun tanning equipment must be tested annually and test certification complying with BS7671, and any amendment thereof, issued. For the purposes of testing, repair and certification this must be carried out by a competent person approved by the National Inspection Council for Electrical Installation Contracting (NICEIC) or the Electrical Contractors Association (ECA).

16. The Licence Holder shall ensure that a readily identifiable, accessible switch/device is provided for use in an emergency to enable an equipment user whilst using the sun tanning equipment to switch off the said equipment. Clients must be informed of this fact before using the sun tanning equipment and this then suitably recorded in the client record.

17. An alarm or sounder audible throughout all necessary parts of the premises must be provided in every room or cubicle or enclosure so as to enable clients to summon assistance in an emergency, from the exposure position.

18. The Licence Holder shall ensure that an operational telephone is installed, or otherwise be available in the premises at all times.

19. The licence must be displayed at the premises at all times and in such a place and at such a height that it might conveniently be read by any person attending at the premises. Any conditions pertaining to the licence must be available for inspection at all times on the premises by the licensing authority.

20. The Licence Holder shall ensure that prices of all goods and services provided from the premises are clearly displayed at all times in such a place and at such a height that they might conveniently be read.

21. The Licence Holder shall ensure that goods and services provided comply with applicable consumer safety legislation.

22. The Licence Holder shall ensure that records are securely kept for a period of three years from the date of any incident or complaint, giving sufficient detail of any customer complaints or incidents concerning the safe operation of the premises. All incidents or complaints must be notified in writing directly to the Head Community Safety and Protection, 5 City Square, Dundee, DD1 3BA, within fourteen days of their occurrence. Such records must be made available for inspection at all times on the premises by the licensing authority.

23. The Licence Holder shall ensure they comply with European Commission Standard (EN number 60335-2-27) which specifies that sunbed tubes or lamps shall not emit radiation having a total effective irradiance exceeding 0.3 Watts per square meter (0.3W/m2). The licence holder shall monitor the output of sunbed tubes or lamps with a calibrated device and maintain records of the readings. These records shall be securely kept for a period of three years from the date and must be made available for inspection at all times on the premises by the licensing authority. Devices must be calibrated yearly.

APPENDIX VI

PUBLIC ENTERTAINMENT LICENCE

The premises at (ENTER PREMISES DETAILS) are licensed for the purposes of

(N.B. in these conditions premises means any building, venue or land on which the licensed event is being held)

GENERAL LICENCE CONDITIONS

1. It is the duty of the Licence Holder to comply with the conditions of a public entertainment licence and in particular to cooperate with the Council and other statutory bodies and officers thereof in the interest of the health and safety.

2. The Council may, in addition to the conditions described in this document, stipulate further conditions to apply to any particular licence application.

3. These conditions may be reviewed by the Council periodically or when the need to incorporate additional or strengthened conditions arises. They may also be reviewed following any changes to relevant legislation.

4. The Licence Holder shall have in effect for the duration of the licence public liability insurance with a minimum of 5 million cover.

5. DVLA licence details are required by Police Scotland to complete background checks on the applicant.

6. The Licence Holder must comply with any requirements of Scottish Fire and Rescue Service in respect of the Fire (Scotland) Act 2005 as amended and Fire Safety (Scotland) Regulations 2006.

7. The Licence Holder shall ensure that they comply with the requirements of the Health and Safety at Work etc. Act 1974, and all relevant Regulations thereunder.

8. The Licence Holder shall ensure that suitable and sufficient recorded risk assessments are undertaken in regard to all activities covered by the licence.

9. The Licence Holder shall ensure that the electrical installation for the premises shall be inspected, tested and maintained in accordance with BS7671 by a competent person as defined in the Electricity at Work Regulations 1989 and are members of an organisation such as the National Inspection Council for Electrical Installation Contracting (NICEIC) or the Electrical Contractors Association (ECA, trading as SELECT). The inspection certificate shall be kept at the premises and made available for inspecting officers.

10. The Licence Holder shall ensure that all gas appliances and installations at the premises shall be maintained and inspected for safety at intervals not exceeding 12 months by a Gas Safe Registered engineer. The inspection certificate shall be kept at the premises and made available for inspecting officers.

11. The Licence Holder shall ensure that the premises are kept clean and in a good state of repair.

12. The licence holder shall ensure that they have a suitable trade waste contract in place and that they retain the waste transfer notes for at least 2 years.

13. All entrances and exits whether for emergency purposes or not will be clearly marked by signs that comply with the Health and Safety ( Safety Signs and Signals ) Regulations 1996 and kept clear of all obstruction.

14. The Licence Holder will ensure that at all times an adequate system of monitoring and controlling numbers of those permitted entry is in place and that the licensed capacity is not exceeded.

15. The Licence Holder shall ensure that there is a first aid kit, which is readily available and appropriately stocked on the premises at all times.