Licensing Committee - 03/10/2019

At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd October, 2019.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 5th September, 2019 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATIONS OF INTEREST

Councillor Lynn declared a non-financial interest in relation to the items of business at Articles VI(a) (vi) to (x) by virtue of his involvement with a group within the community where these properties were located and took no part in the proceedings.

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 LICENSING COMMITTEE CHANGE IN MEMBERSHIP

There was submitted Agenda Note AN71-2019 making reference to Article IV of the minute of meeting of the City Council held on 30th September, 2019, wherein it was noted that Councillor Cordell had tendered his resignation as a member of the Licensing Committee and it was agreed that Bailie Christina Roberts be his replacement.

The Committee agreed to note the resignation of Councillor Kevin Cordell as a member of the Licensing Committee and that his replacement would be Bailie Christina Roberts and that in terms of Standing Order No 45 (2) this change would have effect from the next meeting of the Committee.

III MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 5th September, 2019 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

IV 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.

BOAT HIRE - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER NEW APPLICATIONS

(b) TAXI OPERATOR REQUESTS 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 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. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Senior Electoral Services and Licensing Officer, the Committee agreed to note that no further action was required 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 (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 3, 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. 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 (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 delegated authority be given to the Head of Democratic and Legal Services to determine the matter in consultation with the Convener.

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 (OP1937) 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.

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 (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 delegated authority be given to the Head of Democratic and Legal Services to determine the matter in consultation with the Convener.

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 (OP927) to place a vehicle on service in the operation of the licence and that extensions had previously been granted. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Senior Electoral Services and Licensing Officer 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 (OP1789) to place a vehicle on service in the operation of the licence and that extensions had previously been granted. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Senior Electoral Services and Licensing Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 9, 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. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Senior Electoral Services and Licensing Officer, the Committee agreed to note that no further action was required as a vehicle had now been placed on service in the operation of the licence.

V 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 APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, 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, an agent 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 VARIATIONS

There were submitted the undernoted applications.

In the case of Applications Nos 1, 2 and 3, the Committee noted that the agent whom the applicant was proposing to use in the day to day management of the properties was not known to the Licensing Committee in respect of houses in multiple occupation licensing. The Committee gave consideration to the applications. 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 applications be granted.

(d) HOUSES IN MULTIPLE OCCUPATION UPDATE

There was submitted the undernoted application.

In the case of Application No 1, reference was made to Article IV(e) of the minute of meeting of this Committee of 5th September, 2019, wherein it was agreed to further defer consideration of the update to this meeting of the Committee to allow for outstanding matters to be resolved in relation to the application 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 that consideration of the matter be further deferred to the meeting of this Committee to be held on 7th November, 2019.

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.

VI ANTISOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004; LANDLORD REGISTRATION

(a) LANDLORD REGISTRATION - NEW APPLICATIONS

(i) In the case of Application No 1, by Mr A T to be registered as a landlord, reference was made to Article V(a) of the minute of meeting of this Committee of 5th September, 2019, wherein it was agreed that consideration of the application be deferred to this meeting of the Committee to allow for a registered letting agent to be appointed by the landlord, a letting agent agreement to be submitted and to await the outcome of civil court proceedings. 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 the applicant be considered not fit and proper to be registered as a landlord and that the application be refused.

(ii) In the case of Application No 2, by Mr S S to be registered as a landlord, reference was made to Article V(a) of the minute of meeting of this Committee of 5th September, 2019, wherein it was agreed that consideration of the application be deferred to this meeting of the Committee to allow for a registered letting agent to be appointed by the landlord and also for works at one of the properties as narrated in the letter from the Private Sector Services Manager to be completed and all relevant certifications to be submitted to the satisfaction of the Private Sector Services Unit. 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 application be refused.

(iii) In the case of Application No 3, by Mr W G 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. There was tabled a letter of support from the applicant requesting that consideration of the matter be deferred. Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that the matter not be deferred. Thereafter, the Committee agreed that the application be granted, on condition that the applicants wife, Mrs A C be the day-to-day manager of the applicants property and that the applicant have no involvement in the management of his property.

(iv) In the case of Application No 4, by Mrs A G 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, 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 Mrs A G be registered as a landlord.

(v) In the case of Application No 5, by Mr P C 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 application be deferred to the meeting of this Committee to be held on 7th November, 2019 to allow the Private Sector Services Manager to submit a fresh letter of observation.

(vi) In the case of Application No 6, by Miss M G 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, the Senior Environmental Compliance Officer and consideration of the advice of the Legal Officer and consideration of photographic evidence which had been tabled by the Private Sector Services Manager, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 7th November, 2019 to allow for the applicant and the letting agent to be in attendance.

(vii) In the case of Application No 7, by Miss F G 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 7th November, 2019 to allow for the applicant and the letting agent to be in attendance.

(viii) In the case of Application No 8, by Mr M H 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 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 7th November, 2019 to allow for the applicant and the letting agent to be in attendance.

(ix) In the case of Application No 9, by Mr M B 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, the applicant on his own behalf 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 7th November, 2019 to allow for the applicant and the letting agent to be in attendance.

(x) In the case of Application No 10, by Mr R P 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 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 7th November, 2019 to allow for the applicant and the letting agent to be in attendance.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr S B for a Taxi Drivers Licence. There was submitted a letter of objection from the Chief Constable relevant to this application together with comments which had also been received from the Corporate Finance Division. 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 not provided a medical certificate or evidence that they were registered for tax purposes or passed the street test or provided SVQ certification that they had completed an approved Taxi Driver training course within the prescribed timescales. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

Reference was made to Article VII(a)(ii) of the minute of meeting of this Committee of 5th September, 2019, wherein it was 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 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 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. 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 alleged conduct of Mr R B during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 9th January, 2010 to await the outcome of court proceedings.

(c) TAXI DRIVER'S LICENCE AND TAXI OPERATORS LICENCE SUSPENSION HEARING

Reference was made to Article II(b)(i) of the minute of meeting of the Licensing Sub-Committee of 5th September, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr A MacL 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 A MacL during the currency of his 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 to adjourn the hearing in relation to the alleged conduct of Mr A MacL during the currency of his Taxi Driver's Licence and Taxi Operator's Licence to the meeting of this Committee to be held on 7th November, 2019 to allow the licence holder to be present.

(d) TAXI OPERATOR REQUEST FOR EXTENSION OF TIME TO PLACE A VEHICLE ON SERVICE

There was submitted a request by Mr A MacL for a further 28 day extension to allow him to place a vehicle on service in the operation of the 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 a further 28 day extension be granted.

(e) TAXI DRIVER'S LICENCE UPDATES

(i) Reference was made to Article VII(d) of the minute of meeting of this Committee of 5th September, 2019, wherein it was agreed to recall the application by Mr L C for a Taxi Drivers Licence to this meeting of the Committee for an update on the operation of the licence and to allow for the licence holder to be in attendance. 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 Committee agreed that no further action be taken and that, should any application for renewal of licence be received, that this be submitted to a meeting of this Committee for consideration.

(ii) Reference was made to Article V(b)(i) of the minute of meeting of this Committee of 27th June, 2019, wherein it was agreed to recall the application by Mr T D for a Taxi Drivers Licence to this meeting of the Committee for an update on the operation of the licence. 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 Committee agreed that no further action be taken and that, should any application for renewal of licence be received, that this be submitted to a meeting of this Committee for consideration.

(iii) Reference was made to Article VII(e) of the minute of meeting of this Committee of 2nd May, 2019, wherein it was agreed to further defer the update in relation to the eligibility of the licence holder to remain resident in the United Kingdom to this meeting of the Committee to await the outcome of the appeal to the Home Office. There was submitted the original letter of information from a Licensing Standards Officer relevant to the application by Mr S R for a Taxi Drivers Licence. Thereafter, having heard a Licensing Standards Officer, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that, should any application for renewal of licence be received, that this be submitted to a meeting of this Committee for consideration.

(f) WINDOW CLEANERS LICENCE NEW APPLICATION

Reference was made to Article VII(h) of the minute of meeting of this Committee of 5th September, 2019, wherein it was agreed to defer consideration of the application by Mr S F for a Window Cleaners Licence to this meeting of the Committee to allow for the licence holder to be in attendance. 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 information from the Corporate Finance Division relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Committee agreed that the application be refused.

Stewart HUNTER, Convener.

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

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Alan ROSS

Councillor George McIRVINE

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involve d 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 REQUESTS FOR SUSPENSION HEARINGS

(i) There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr M D during the currency of his Taxi Drivers Licence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr M D to be the holder of a Taxi Drivers Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J I during the currency of his Taxi Drivers Licence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr J I to be the holder of a Taxi Drivers Licence.

(iii) There was submitted a letter of information from the Chief Constable relative 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 and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr M J to be the holder of a Taxi Drivers Licence.

(iv) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G McL during the currency of his Taxi Drivers Licence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr G McL to be the holder of a Taxi Drivers Licence.

(v) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr R McW during the currency of his Taxi Drivers Licence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr R McW to be the holder of a Taxi Drivers Licence.

(vi) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr L R during the currency of his Taxi Drivers Licence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr L R to be the holder of a 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.

(b) TAXI DRIVERS LICENCE AND TAXI OPERATORS LICENCE REQUEST FOR SUSPENSION HEARING

(i) There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr A MacL 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 and consideration of the advice of the Legal Officer and receiving information that a further complaint had been received, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr A MacL to be the holder of a Taxi Drivers Licence and a Taxi Operators Licence.

Stewart HUNTER, Convener.