Licensing Committee - 27/06/2019

At a MEETING of the LICENSING COMMITTEE held at Dundee on 27th June, 2019.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 6th June, 2019 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II 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.

ANIMAL BOARDING - NEW APPLICATION

METAL DEALER - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATION

SKIN PIERCING AND TATTOOING LICENCE - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

(b) PET ANIMALS LICENCE - NEW APPLICATION UPDATE

In the case of Application No 1, reference was made to Article IV(b) of the minute of meeting of this Committee of 28th March, 2019, wherein it was agreed to defer the update in relation to the Pet Animals Licence held by Miss M B to this meeting of the Committee to allow the licence holder to be present to provide confirmation as to the completion of a course in reptile care and welfare which was required to be completed by the licence holder by 7th March, 2019. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer and receiving confirmation that the licence holder had now achieved the qualification, the Committee agreed that no further action be taken.

(c) FARES FOR HIRE OF TAXIS - ANNUAL REVIEW

Reference was made to Article III(d) of the minute of meeting of this Committee of 2nd May, 2019, wherein the annual review of taxi fares was considered and the undernoted fares were approved for advertisement:-

- 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.

Thereafter, having heard the Legal Officer, the Committee agreed to note that no representations had been received and that the proposed fares could now be advertised for implementation from 1st August, 2019.

(d) APPROVED LIST OF WHEELCHAIR ACCESSIBLE VEHICLES - ADDITION TO LIST

It was reported that the Peugeot Premier Horizon presented by The Taxi Centre had been assessed by the Assistant Transport Manager and that having received the appropriate certification, it was recommended that this be added to the approved list of wheelchair accessible vehicles.

The Committee agreed that the Peugeot Premier Horizon presented by the Taxi Centre be added to the approved list of wheelchair accessible vehicles.

(e) TAXI LIAISON GROUP - REQUEST FOR MEMBERSHIP

There was submitted the undernoted request for membership of the Taxi Liaison Group.

In the case of Application No 1, having considered the advice of the Legal Officer, the Committee agreed that delegated authority be given to the Head of Democratic and Legal Services, in consultation with the Convener, to determine the matter in the event that it was established that the organisation met the criteria for membership.

(f) PRIVATE HIRE OPERATOR - REQUEST FOR VARIATION

In the case of Application No 1, the Committee noted that a request for variation had been submitted to remove the electric vehicle condition from the licence. The Committee gave consideration to the application. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to the condition that there be no meter in the vehicle and that it be used solely for airport transfers.

(g) TAXI DRIVER - NEW APPLICATIONS

In the case of Application No 1, the Committee noted that the applicant had failed to pass the street test, provide a medical certificate, complete an approved SVQ course and supply a copy of his Unique Tax Reference Number information within the prescribed period of time. Thereafter, having heard a representative on behalf of the applicant, the Senior Electoral Services and Licensing Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be considered incompetent and to delegate authority to the Head of Democratic and Legal Services in consultation with the Convener to determine the matter should all the relevant information be received to the satisfaction of the Licensing Office prior to the 9th August, 2019 which would be the end of the nine month period for determination.

In the case of Application No 2, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that the applicant had failed to pass the street test, provide a medical certificate, complete an approved SVQ course and supply a copy of their Unique Tax Reference Number information within the prescribed period of time. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

In the case of Application No 3, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that the applicant had failed to pass the street test, provide a medical certificate, complete an approved SVQ Taxi Driver Training course and supply a copy of their Unique Tax Reference Number within the prescribed period of time. Thereafter, having heard the Legal Officer, the Committee agreed to note that no further action was required as all the information had now been submitted to the satisfaction of the Licensing Office and that the application had been granted under delegated powers.

(h) 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 (OP609E) 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 2, reference was made to Article VII(b)(ii) of the minute of meeting of this Committee of 2nd May, 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 (OP1563) 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 III(g) of the minute of meeting of this Committee of 2nd May, 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 (OP1789) 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.

III 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 - UPDATE

In the case of Application No 1, reference was made to Article IV(d) of the minute of meeting of this Committee of 2nd May, 2019, wherein it was agreed to recall the application to this meeting of the Committee for a further update on the operation of the licence to allow the managing agent to apply to register on the Letting Agency Register. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Private Sector Services Manager, the Committee agreed that consideration of the update be deferred to the meeting of this Committee to be held on 5th September, 2019 to allow for outstanding matters to be concluded to the satisfaction of the Private Sector Services Unit and to allow for the applicant to be present.

(c) HOUSES IN MULTIPLE OCCUPATION - NEW 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 heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

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.

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

(a) LANDLORD REGISTRATION - NEW APPLICATIONS

(i) In the case of the application by Mr A T to be registered as a Landlord, reference was made to Article VI(a)(iii) of the minute of meeting of this Committee of 6th June, 2019, wherein it was agreed to defer the hearing to this meeting of the Committee to allow the applicant to be in attendance. There was submitted the original 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 the applicant be considered not a fit and proper person to be registered as a landlord and that the matter be deferred to the meeting of this Committee to be held on 5th September, 2019 to allow the landlord to put in place a registered letting agent who was known to the Committee and to allow for a Property Management Agreement to be submitted to the satisfaction of the Private Sector Services Unit.

(ii) In the case of the application by Mr S R to be registered as a Landlord, reference was made to Article VI(a)(ii) of the minute of meeting of this Committee of 6th June, 2019, wherein it was agreed to defer the hearing until this meeting of the Committee. There was submitted the original letter of observation from the Private Sector Services Manager relevant to this application together with a letter of objection which had been submitted by the Chief Constable relevant to this application. The Committee gave consideration to the content of the letters. Thereafter, having heard the Private Sector Services Manager, 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 refused and that should the applicant wish to rent out his property at any time in the future he should submit a further application for consideration of the Committee, subject to the condition that a registered managing agent was in place.

(iii) In the case of the application by Mr S S to be registered as a Landlord, reference was made to Article VI(a)(ii) of the minute of meeting of this Committee of 2nd May, 2019, wherein it was agreed to defer the hearing to this meeting of this Committee to allow the applicant to be in attendance. There was submitted the original 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 to be further deferred to the meeting of this Committee to be held on 5th September, 2019 to allow the applicant to continue to liaise with the Private Sector Service Unit and to allow him to put in place a managing agent who had to be on the letting agents register.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REQUEST FOR EXTENSION - DECEASED HOUSES IN MULTIPLE OCCUPATION LICENCE OPERATOR

(i) Reference was made to Article VII(a) of the minute of meeting of this Committee of 2nd May, 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 House 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 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 5th September, 2019.

(b) TAXI DRIVERS LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr T D for a Taxi Drivers 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 and consideration of a letter of support which had been tabled by the applicant, the Committee agreed that the application be granted for a period of three months until the meeting of this Committee to be held on 3rd October, 2019 for an update on the operation of the licence.

(ii) There was submitted an application by Mr P P for a Taxi Drivers Licence. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that the applicant had failed to pass his street test, provide a medical certificate, complete an approved SVQ course and supply a copy of his Unique Tax Reference Number within the prescribed period of time. There was also 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 considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(c) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATION

There was submitted an application by Company D to replace an existing Taxi Operators Licence with an electric vehicle. The Committee noted that the existing licence holder was Mr J McG. Directors of the Company were Mr J McG and Mr B W. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

(d) TAXI OPERATOR LICENCE - REQUEST FOR VARIATION

There was submitted an application by Mr D R requesting a variation of his Taxi Operators Licence to allow him to substitute a saloon car vehicle for a wheelchair accessible vehicle. There was submitted a copy of the supporting documentation which had been provided by the applicant relevant to this application. The Committee gave consideration to the application and the supporting documentation. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused and that instead the licence holder be issued with a Wheelchair Exemption Certificate for display within the vehicle to be used in the operation of the licence to advise potential passengers that they were exempt from carrying passengers who were in a wheelchair due to their inability to provide assistance due to their medical fitness.

Stewart HUNTER, Convener.