Licensing Sub-committee - 27/06/2019

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

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.