Licensing Committee - 05/09/2019

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th September, 2019.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 27th June, 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 27th June, 2019 and 12th August, 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.

PRIVATE HIRE DRIVER - NEW APPLICATIONS

LATE HOURS CATERING - NEW APPLICATION

MARKET OPERATOR - NEW APPLICATION

PET ANIMALS - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATION

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) PUBLIC ENTERTAINMENT LICENCES - CONDITIONS FOR LASER AND INTENSE PULSED LIGHT TREATMENT, MASSAGE AND REFLEXOLOGY AND SAUNA AND STEAM ROOMS

There were submitted the proposed conditions for Public Entertainment Licences as follows:-

- Laser and Intense Pulsed Light Treatment

- Massage and Reflexology

- Sauna and Steam Rooms

Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the conditions be approved as submitted, copies of which are attached to this minute as Appendices III, IV and V and that they be attached to any licences granted thereafter.

(c) APPROVED LIST OF ELECTRIC VEHICLES - ADDITIONS TO LIST

It was reported that a Kia Nero and Citroen Berlingo Multispace Feel presented by the Taxi Centre had been assessed by the Assistant Transport Manager and that having received the appropriate certification, it was recommended that they be added to the approved list of electric vehicles.

The Committee agreed that the Kia Nero and Citroen Berlingo Multispace Feel presented by the Taxi Centre be added to the approved list of electric vehicles.

(d) PRIVATE HIRE OPERATOR - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article IV(d) of the minute of meeting of this Committee of 6th September, 2018, wherein it was agreed to grant the application, together with a variation to remove the condition requiring an electric vehicle to be placed on service in the operation of the licence and that the matter be brought back to this meeting of the Committee for any renewal application and an update on 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 the licence be renewed without the electric vehicle condition and that the matter be recalled to a meeting of this Committee in a years time for an update on the operation of the licence.

In the case of Application No 2, reference was made to Article IV(d) of the minute of meeting of this Committee held on 6th September, 2018, wherein it was agreed to grant the application, together with a variation to allow a special events disc to be placed on the vehicle to be used in the operation of the licence in place of a private hire car licence plate and that the matter be brought back to this meeting of the Committee for any renewal application and an update on 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 the licence be renewed with a variation to allow a special events disc to be displayed on the vehicle instead of a private hire car licence plate and that the matter be brought back to a meeting of this Committee to be held in a years time for an update on the operation of the licence.

(e) SKIN PIERCING AND TATTOOING LICENCE - RENEWAL APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, and having noted that the applicant had submitted their Public Liability Insurance documentation, the Committee agreed that the application be granted.

(f) STREET TRADER - NEW APPLICATION

There was submitted the undernoted application.

In the case of application No 1, the Committee noted that application had also been made to vary Conditions 9 and 10 of the licence, which required the licence holder to move every 15 minutes and not return within one hour. 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 and that Conditions 9 and 10 be not applied on this occasion. The Committee further agreed that, in future, applications of this nature be delegated to the Head of Democratic and Legal Services to determine in consultation with the Convener.

(g) TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted 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, to complete an approved SVQ course and supply a copy of their Unique Tax Reference Number information within the prescribed period of time. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to note that the application had been withdrawn from consideration by the applicant.

In the case of Application No 2, the Committee noted that the applicant had failed to provide a medical certificate and to complete an approved SVQ course within the prescribed period of time. 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 considered incompetent.

In the case of Application No 3, the Committee noted that the applicant had failed to pass the Street Test, to complete an approved SVQ course and supply a copy of their Unique Tax Reference Number information within the prescribed period of time. 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 considered incompetent.

(h) 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 Ian Robertson (OP14). Directors of Bilal Taxis were Ian Robertson and Mohammed Zubair Hashmi. 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 David Kempton (OP460). The Director of DK Taxis Ltd was David Kempton. 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.

(i) TAXI OPERATOR - REQUEST FOR EXTENSION OF TIME TO PLACE VEHICLES ON SERVICE

There were submitted the undernoted applications.

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. 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. Thereafter, having heard from 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 not present and agreed that the matter be considered in their absence. The Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP1696) to place a vehicle on service in the operation of the licence and that extensions had previously been granted. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be granted.

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 (OP598) to place a vehicle on service in the operation of the licence and that extensions had previously been granted. 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 the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP468) to place a vehicle on service in the operation of the licence and that extensions had previously been granted. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be refused.

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 (OP628) to place a vehicle on service in the operation of the licence and that extensions had previously been granted. 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 6, the Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP322) to place a vehicle on service in the operation of the licence and that extensions had previously been granted. Thereafter, having heard from the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

In the case of Application No 7, the Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP695) to place a vehicle on service in the operation of the licence and that extensions had previously been granted. 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 8, the Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP927) to place a vehicle on service in the operation of the licence and that extensions had previously been granted. 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 until 3rd October, 2019.

In the case of Application No 9, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. 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. There was submitted a letter of support from the applicant. The Committee gave consideration to the contents of the letter. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 10, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP1799) to place a vehicle on service in the operation of the licence and that extensions had previously been granted. There was submitted a letter of support from the applicant. The Committee gave consideration to the contents of the letter. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be granted.

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, 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 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. The Committee also noted that the applicant 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 contents of the documentation. 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.

In the case of Application No 3, there was submitted a copy of the Overprovision Report relevant to this application. The Committee gave consideration to the contents of the document. 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.

(c) HOUSES IN MULTIPLE OCCUPATION - VARIATION APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee noted that the agent whom the applicant was proposing to use in the day-to-day management of the property was not known to the Licensing Committee in respect of Houses in Multiple Occupation Licensing. The Committee gave consideration to the application. 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

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article III(d) of the minute of meeting of this Committee of 6th June, 2019, wherein the Committee agreed to defer consideration of the application to this meeting of the Committee to allow for outstanding works to be completed to the satisfaction of the Private Sector Services Unit. 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 III(d) of the minute of meeting of this Committee of 6th June, 2019, wherein the Committee agreed to defer consideration of the application to this meeting of the Committee to allow for outstanding works to be completed to the satisfaction of the Private Sector Services Unit. 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 certificate of compliance be obtained from Building Control to the satisfaction of the Private Sector Services Unit.

(e) HOUSES IN MULTIPLE OCCUPATION - UPDATE

There was submitted the undernoted application.

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 matter to this meeting of the Committee for a further update on the operation of the licence to allow for the agent to apply for registration on the Letting Agency Register. Thereafter, having heard the Private Sector Services Manager, one of the applicants on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the update to the meeting of this Committee to be held on 3rd October, 2019 to allow for outstanding matters to be resolved in relation to application for registration on the Letting Agency 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 ANTI-SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004; LANDLORD REGISTRATION

(a) LANDLORD REGISTRATION - NEW APPLICATIONS

In the case of Application No 1, by Mr A T to be registered as a landlord, reference was made to Article IV(a)(i) of the minute of meeting of this Committee of 27th June, 2019, wherein it was agreed to defer the hearing to this meeting of the Committee to allow for a registered letting agent to be appointed by the landlord. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. There were submitted the original letters of observation from the Private Sector Services Manager relevant to this application. The Committee gave consideration to the content of the letters. Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 3rd October, 2019 to allow the licence holder to be present.

In the case of the Application No 2, by Mr S S to be registered as a landlord, reference was made to Article IV(a)(iii) of the minute of meeting of this Committee of 27th June, 2019, wherein it was agreed to defer the hearing to this meeting of the Committee to allow for a registered letting agent to be appointed by the landlord. 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, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the applicant be considered not fit and proper and agreed to defer a decision as to whether he should continue to be registered as a landlord to the October meeting of the Committee to enable alternative management arrangements to be established.

VI HOUSING (SCOTLAND) ACT 2006

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

Reference was made to Article V(a) of the minute of meeting of this Committee on 27th June, 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 7th November, 2019 and that should any further requests be received that these be delegated to the Head of Democratic and Legal Services to determine in consultation with the Convener.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING - NEW APPLICATION

There was submitted an application by Mr A C for a Late Hours Catering 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 a representative of the Chief Constable, a Licensing Standards Officer, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed to note that the provenance of the objection could not be substantiated and that the application be granted.

(b) BOOKING OFFICE LICENCE - NEW APPLICATION

There was submitted an application by Company D for a Booking Office Licence. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. There was submitted a letter of representation from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. 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 3rd October, 2019 to allow for clarification to the Licensing Office on the applicants details as contained in the application form.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr S McK 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, the Committee agreed that the application be until May, 2020 and that should any application for renewal of licence be received that this be submitted to a meeting of the Licensing Committee for determination.

(d) TAXI DRIVER'S LICENCE - UPDATE

Reference was made to Article VI(b) of the minute of meeting of this Committee of 7th March, 2019, wherein it was agreed to grant the application by Mr L C 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 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 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 3rd October, 2019 to allow the licence holder to be in attendance.

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article VII(d)(iii) of the minute of meeting of this Committee of 2nd May, 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 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 G McM during the intervening period with immediate effect. There was submitted a copy of the original letter of information from the Chief Constable relevant to the alleged conduct of Mr G McM during the currency of his Taxi Drivers 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 to further adjourn the hearing in relation to the alleged conduct of Mr G McM during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 5th December, 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.

(ii) Reference was made to Article VII(b)(ii) of the minute of meeting of this Committee of 6th June, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R B during the currency of his Taxi Drivers Licence to this meeting of the Committee 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. There were submitted the original letters of information from the Chief Constable relevant to the alleged conduct of Mr R B during the currency of his Taxi Drivers Licence, together with a further letter from the Chief Constable. 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 letters. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to further 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 3rd October, 2019 to await the outcome of court proceedings.

(iii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee of 12th August, 2019, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr S C with immediate effect and that a hearing be held in due course in relation to the fitness of Mr S C to be the holder of a Taxi Drivers Licence. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S C during the currency of his Taxi Drivers Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr S C to the meeting of this Committee to be held on 7th November, 2019 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr S C during the intervening period with immediate effect.

(f) TAXI DRIVER'S AND OPERATORS LICENCE - SUSPENSION HEARING

Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub-Committee of 27th June, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Ms D McC during the currency of her Taxi Drivers Licence and Taxi Operators Licence to this meeting of the Committee to allow the licence holder to be present. There was submitted a letter of information from a Licensing Standards Officer relevant to the alleged conduct of Ms D McC during the currency of her Taxi Drivers Licence and Taxi Operators 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 Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed the Taxi Drivers Licence and the Taxi Operators Licence held by Ms D McC be revoked with immediate effect.

(g) TAXI OPERATOR LICENCE - REQUEST FOR VARIATION

There was submitted an application by Mr B B for a wheelchair medical exemption certificate. The Committee gave consideration to the application. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that 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.

(h) WINDOW CLEANER - NEW APPLICATION

There was submitted an application by Mr S F for a Window Cleaners Licence. There was submitted a letter 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. The Committee gave consideration to the content of the letter. 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 3rd October, 2019 to allow the licence holder to be present.

Stewart HUNTER, Convener.

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

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Alan ROSS

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 DRIVERS LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(b)(ii) of the minute of meeting of this Sub-Committee held on 28th March, 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 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, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a written warning as to their future conduct during the currency of their Taxi Drivers Licence.

(ii) Reference was made to Article II(c)(ii) of the minute of meeting of this Sub-Committee held on 28th March, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R B 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 R B during the currency of his Taxi Drivers Licence. The Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing to the meeting of this Sub-Committee to be held on 3rd October, 2019 to allow the licence holder to be present.

(iii) Reference was made to Article II(b)(iii) of the minute of meeting of this Sub-Committee held on 28th March, 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 3rd October, 2019 to await the outcome of court proceedings.

(iv) Reference was made to Article II(b)(vii) of the minute of meeting of this Sub-Committee held on 28th March, 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 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, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a written warning as to their future conduct during the currency of their Taxi Drivers Licence.

(v) Reference was made to Article II(b) 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 medical fitness of Mr M M to be the holder of a Taxi Drivers Licence to this meeting of the Sub-Committee. There was tabled a letter of support from the licence holders GP relevant to the medical fitness of Mr M M to be the holder of a Taxi Drivers Licence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard 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 Sub-Committee agreed that no further action be taken pending the outcome of the medical report which was expected to be provided in September, 2019.

(vi) Reference was made to Article II(b)(xi) of the minute of meeting of this Sub-Committee held on 28th March, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr W 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 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 to further adjourn the hearing to the meeting of this Sub-Committee to be held on 3rd October, 2019 to await the outcome of court proceedings.

(vii) Reference was made to Article II(c)(i) of the minute of meeting of this Sub-Committee held on 28th March, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr W W 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 a Licensing Standards Officer relevant to the alleged conduct of 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, the licence holder on their own behalf, a representative of the licence holder and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken.

(b) TAXI DRIVER'S AND TAXI OPERATOR'S LICENCES - SUSPENSION HEARINGS

(i) Reference was made to Article II(a)(i) of the minute of meeting of this Sub‑Committee held on 2nd May, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J C during the currency of his Taxi Drivers Licence and Taxi Operators Licence. There was submitted a letter of information from a Licensing Standards Officer relevant to the alleged conduct of Mr J C during the currency of his Taxi Drivers Licence and Taxi Operators Licence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a Licensing Standards Officer, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken.

(ii) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub‑Committee held on 2nd May, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Ms D McC during the currency of her Taxi Drivers Licence and Taxi Operators Licence. There was submitted a letter of information from a Licensing Standards Officer relevant to the alleged conduct of Ms D McC during the currency of her Taxi Drivers Licence and Taxi Operators 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 Licensing Standards Officer and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing to the meeting of this Sub-Committee to be held on 5th September, 2019 to allow the licence holder to be present.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 12th August, 2019.

APPENDIX II

Present:-

Bailie Willie SAWERS

Councillor Alan ROSS

Councillor George McIRVINE

Councillor Alan ROSS, 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 APPOINTMENT OF CONVENER

It was reported that, in terms of Article 52(2) of the Standing Orders of the Council, the Sub‑Committee required to appoint a Convener for this meeting of the Sub-Committee.

The Sub-Committee agreed to appoint Councillor Ross.

II DECLARATION OF INTEREST

No declarations of interest were made.

III 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 S C during the currency of his Taxi Driver's 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 S C be suspended with immediate effect and that a suspension hearing be held in due course in relation to the alleged conduct of Mr S C during the currency of his Taxi Drivers Licence.

Stewart HUNTER, Convener.

Definitions

Laser (Class 3B lasers, Class 4). In the beauty industry lasers are generally used for non-invasive cosmetic treatments, such as removal of hair, tattoos, birthmarks, acne scarring, and other blemishes from the skin. The mode of emission of the radiation can be continuous, wave, or pulsed.

Intense Light Systems (ILS) / Intense Pulsed Light (IPL) are generally treated as Class 4 lasers. IPL systems fall into this category and are the system generally used for non-invasive cosmetic treatments. IPL is pulsed or shuttered emission which gives tissues time to cool between pulses.

Conditions

1. Competency

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. The licence holder shall retain a record of the information provided.

2. Age Restriction

2(1) The licence holder shall ensure that laser/IPL 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 laser/IPL treatment.

2(2) 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 treated

?                Consent must be signed and dated by them

3. Treatment Register

The licence holder shall ensure a treatment register is completed every time the laser/IPL is operated, including the following information:

?                The name of the person treated

?                The date and time of treatment

?                The name and signature of the laser/IPL operator

?                The checking of skin type and pigmentation

?                The nature of the laser/IPL treatment given

?                The treatment parameters and details

?                Any incidents or adverse effects.

4. Treatment Protocol Document

4(1) The licence holder shall employ the services of an Expert Medical Practitioner (EMP) to produce a Treatment Protocol document that is specific to the treatment and equipment used. The treatment protocol sets out the necessary pre-treatment checks and tests, the manner in which the laser/IPL is to be applied, the acceptable variations in the settings used, and when to abort a treatment.

4(2) A separate Treatment Protocol shall be in place for each laser or IPL in use at the premises.

4(3) The Treatment Protocol shall include the following:-

?                Name and technical specifications of the equipment

?                Any potential contraindication

?                Treatment techniques

?                Client consent prior to treatment

?                Cleanliness and infection control within the treatment area

?                Pre-treatment tests (including patch testing)

?                Post-treatment care

?                Recognition of treatment related problems

?                Procedure for dealing with treatment related problems and other adverse incidents

?                Permitted variation on machines variables

?                Procedure in the event of equipment failure or other emergencies

4(4) The Treatment Protocol shall be signed and dated by the EMP to confirm authorisation, shall be reviewed annually by an EMP and include a projected date for review.

4(5) A copy of the Treatment Protocol shall be kept on site and shall be produced on request by an authorised officer of the Council.

5. Local Rules Document

5(1) The licence holder shall employ the services of a certified Laser Protection Advisor (LPA) to produce a Local Rules Document. A copy of the LPAs certificate and a copy of a contract between the licensed premises and the LPA must be available on site and shall be produced on request by an authorised officer of the Council.

5(2) The laser/IPL must only be used in accordance with the Local Rules and this document shall include details of the following:

— Potential hazards - Including fire, skin and eye injuries, electrical etc.

— Location and control of equipment - The room the machine is used in and how the machine is controlled.

— Device description - Description of all devices including output, serial numbers etc.

— Written procedure - Supported by reference to user manual/training manual etc.

— Adverse incident procedure - Details of actions to be taken in cases of emergency. Name address and contact details of local accident and emergency department.

— Emergency shutdown procedure - Instructions as set down in user manual and treatment protocol.

— Register of authorised users - Details of trained personnel with signed declarations.

— Laser Protection Adviser - Contact details of the LPA.

5(3) The Local Rules should be reviewed following any significant changes to the premises i.e. change of room or/and any change to the laser/IPL equipment.

5(4) It is at the licence holders discretion and consideration how long to continue to engage the LPAs services. If there are significant changes as detailed above then a further inspection by the LPA will be required. Any changes must be documented.

5(5) A copy of the last LPA audit report must be available for review by an authorised officer of the Council.

6. Equipment

6(1) The licence holder must ensure that all laser/IPL equipment complies with current standards BS EN 60601-2-22 for medical lasers and BS 60601-2-57 and shall display labels identifying them, their wavelength or range of wavelengths and the maximum output power of the radiation emitted. The labels shall be clearly visible on the front or side of the machine.

6(2) The key to the laser/IPL equipment shall be kept in a secure and separate area when the machine is not is use and only authorised users shall have access to the key.

6(3) The laser/IPL equipment shall be serviced annually and a record kept with the local rules document of all servicing and repairs.

7. Protective Eyewear

7(1) Protective eyewear shall be worn by everyone within the controlled area whenever there is a risk of exposure to laser/IPL.

7(2) All protective eyewear shall be marked with the wavelength range and protection offered as detailed in the local rules document.

7(3) If more than one machine is used at the premises the eyewear shall be easily identifiable to the specific machine.

7(4) The eyewear shall be kept in a clean and serviceable condition, and shall be replaced if damaged.

8. Treatment Room

8(1) The room in which the laser/IPL is used shall be a controlled area to protect other persons while treatment is in progress, be clearly defined and not used for other purposes.

8(2) A suitable safety warning sign (eye protection and controlled area) or light entry system which complies with current British Standards shall be in place on the door of the room.

8(3) The door of the room shall be fitted with a door lock capable of being opened from the outside in the case of an emergency without the use of a key or entering a code.

8(4) Any windows in the room shall be fitted with opaque blinds approved by the LPA, which shall be closed during all treatments.

8(5) Surfaces within the controlled area shall be of a matt or eggshell finish.

8(6) The room should be kept clear of clutter.

8(7) The room shall not contain mirrors or other reflective surfaces.

8(8) Jewellery should not be worn by the therapist or the person receiving the treatment.

9. Clients Records

Before any treatment is administered the person giving the treatment or another competent person, shall interview the person to be treated and record the following details:

— The full name and address of the person to be treated.

— The treatment to be given.

— The dates on which the treatment is given.

— The name of the person giving the treatment.

— The clients relevant medical history, including any contraindications to the treatments to be given.

— The location on the body the treatment is being carried out.

— Details of any patch testing and the area tested.

— The clients consent to receive the treatment (see informed consent below).

— Every treatment (and repeat treatments, or continuation treatments) shall be recorded.

10. Informed consent

A record that the person has consented to the treatment and has been advised of and understands the risks associated with it shall be kept. The items discussed shall be recorded along with the clients details. The person receiving the treatment shall sign the record to show that they understand what they have been told and consent to the treatment.

11. Aftercare Advice

Aftercare advice shall be given in respect of all treatments. This must include information on actions to take if any adverse conditions occur. The aftercare advice must be in a written form given to the client.

12. Records

All documentation (or computer records) required under the licence conditions must be kept on the premises, be available for inspection for at least 2 years, and kept in accordance with Data Protection legislation.

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. The licence holder shall retain a record of the information provided.

2.         The licence holder shall ensure that all surfaces that come into contact with clients during a treatment must be appropriately cleaned and disinfected between each use. An appropriate cleaning and disinfection agent shall be used in accordance with the manufacturers instructions and dilution rate.

3.         The licence holder shall ensure that a wash hand basin is provided in the treatment area which must have running hot and cold water, preferably via mixer taps and be connected to suitable drainage. It is best practice to have a hands free (infra-red, knee operated, elbow operated or foot operated) mixer tap installed at the wash hand basin which is capable of delivering constant warm running water.

Portable wash hand basins are not permitted. There must also be an adequate supply of soap and paper towels provided at the wash hand basin.

4. The licence holder shall ensure a clean and laundered towel/robe/gown is used for each client. All persons present in any part of the establishment shall be decently and properly clothed at all times with the exception of those persons receiving a treatment in accordance with the conditions of the licence. Clients required to move around the premises in a state of undress shall be provided with robes or towels to preserve modesty.

5. The licence holder shall ensure before any treatment is administered to another person, the person giving the treatment or another competent person, shall interview the person to be treated and record the following details. The interview shall be conducted in a language that is understood by the person to be treated. Where this is not possible, no treatment shall be given. If records are written in a language other than English, then the licence holder shall provide a written translation into English, of each record within 2 days of a request by an authorised officer:

a) the full name and address of the person to be treated

b) the treatment to be given

c) the dates on which the treatment is given

d) the name of the person giving the treatment

e) the clients relevant medical history, including any contraindications to the treatments to be given

f) the location on the body the treatment is being carried out

g) the clients consent to receive the treatment (see informed consent below)

h) every treatment (and repeat treatments, or continuation treatments) shall be recorded.

6. The licence holder shall ensure that 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.

7. 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 receiving the treatment

?                     The type of treatment

?                     Consent must be signed and dated by them

8. 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.

1. The licence holder must ensure that the premises is supervised by appropriately trained staff at all times when members of the public are admitted entry.

2. There must be at least one staff member on duty at all times who is trained and qualified in first aid and the use of a heart defibrillator.

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

4. The following must be provided:

a)             A thermometer and a relative humidity gauge (sauna only) shall be provided indicating the temperature inside the room.

b)            An emergency assistance device shall be provided in the sauna/steam room, which is linked to a suitable staffed area. The alarm shall continue to sound until it is manually switched to the off position in order to silence it. The location, purpose and operation of this device must be brought to the attention of users before each use. There must be a written procedure detailing the action to be taken in the event that the alarm mechanism is used. All relevant personnel must be familiar with the procedure.

c)             A clock or other time keeping device shall be visible to users from inside the sauna/ steam room.

d)            The temperature control device shall not be accessible to users of the sauna/ steam room.

e)             Any hot coals in the sauna shall be protected by a guard rail or barrier.

f)             Shower facilities shall be provided close to the sauna/steam room.

g)            Clear safety guidelines on the use of the sauna/steam room shall be clearly displayed close to the entrance of the sauna/steam room and brought to the attention of users. The minimum information to be displayed should be Chartered Institute for the Management of Sport and Physical Activity (CIMSPA) user guide for saunas/steam rooms or equivalent.

5. 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.

6. The licence holder shall ensure that persons under the age of 16 are prohibited from using the Sauna and/or Steam Room. 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 16.

7. The licence holder must ensure that the sauna/steam room is cleaned and disinfected each day, in accordance with manufacturers instructions and, where specified, with manufacturer recommended cleaning and disinfection agents. Where not specified by the manufacturer, an appropriate cleaning and disinfection agent shall be used in accordance with the product instructions and dilution rate.

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