Licensing Committee - 07/11/2019

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

Present:-

Bailie Willie SAWERS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 3rd October, 2019 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 3rd October, 2019 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

III MINUTE OF MEETING OF TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 19th March, 2019 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix II.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

LATE HOURS CATERING - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATION

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

STREET TRADER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

(b) LICENSING OF SEXUAL ENTERTAINMENT VENUES

There was submitted a document, the contents of which were proposed to form the basis of a public consultation in relation to the licensing of sexual entertainment venues. It was reported that the Scottish Government had brought legislation into force to introduce a new discretionary licensing regime for sexual entertainment venues. These changes came into effect on 26th April, 2019. Dundee City Council was the Licensing Authority for the City of Dundee in relation to a wide range of activities. The responsibility of licensing certain activities was delegated to the Licensing Committee. As a result of these legislative changes, the Committee now had discretionary powers in relation to whether sexual entertainment venues in this area should be licensed. The Committee gave consideration to the content of the document. Thereafter, having heard the Legal Officer, the Committee agreed to the content of the proposed consultation document and that the Head of Democratic and Legal Services be authorised to carry out a consultation exercise as to whether the Council should licence sexual entertainment venues.

(c) TAXI DRIVER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant had failed to pass his street test, provide a medical certificate, complete an approved Taxi Driver Training SVQ Course and supply a copy of their Unique Tax Reference Number within the prescribed time period. 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 considered incompetent.

(d) TAXI OPERATOR - REQUESTS FOR EXTENSIONS 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 (OP1937) to place a vehicle on service in the operation of the licence and that extensions had previously been granted by the Committee and under delegated powers. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

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 by the Committee and under delegated powers. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Legal Officer, the Committee agreed 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 3, 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 by the Committee and under delegated powers. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be 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 (OP46E) to place a vehicle on service in the operation of the licence and that extensions had previously been granted by the Committee and under delegated powers. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

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 (OP695) to place a vehicle on service in the operation of the licence and that extensions had previously been granted by the Committee and under delegated powers. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Legal Officer, the Committee agreed to note that the application had been withdrawn by the applicant as a vehicle had now been placed on service in the operation of the licence.

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 (OP1789) to place a vehicle on service in the operation of the licence and that extensions had previously been granted by the Committee and under delegated powers. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

V HOUSING (SCOTLAND) ACT 2006

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

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

(b) HOUSES IN MULTIPLE OCCUPATION LICENCES - VARIATIONS GRANTED UNDER DELEGATED POWERS

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

(c) 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.

(d) HOUSES IN MULTIPLE OCCUPATION - VARIATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee noted that application had been made for a variation of the licence to allow for an increase in capacity from four to five persons. The Committee gave consideration to the application. 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.

(e) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR UPDATE

There was submitted the undernoted application.

In the case of Application No 1, reference was made to Article V(d) of the minute of meeting of this Committee of 3rd October, 2019, wherein it was agreed to further defer consideration of the update to this meeting of the Committee to allow Balgay Property and Investment Services to apply to register 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 delegated authority be given to the Head of Democratic and Legal Services to determine the matter, in consultation with the Convener, once approval had been received from the Scottish Government that Balgay Property and Investment Services had been entered 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.

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

(a) LANDLORD REGISTRATION - NEW APPLICATION

There was submitted an application by Mr P C to be registered as a landlord. There was submitted a letter of information 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. Thereafter, having heard the Legal Officer, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 9th January, 2020 to allow the applicant to be present.

(b) LANDLORD REGISTRATION - HEARINGS

Reference was made to Article VI(vi) of the minute of meeting of this Committee of 3rd October, 2019, wherein it was agreed to hold hearings in relation to the suitability of 12 registration holders to be registered as landlords. There were submitted letters of information from the Senior Environmental Compliance Officer and the Private Sector Services Manager relevant to the suitability of the 12 registration holders to be registered as landlords. The Committee noted that one of the registration holders was not present and agreed that the matters be considered in their absence. Thereafter, having heard the Private Sector Service Manager, the Senior Environmental Compliance Officer and the remaining registration holders, on their own behalf, representatives for the registration holders and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matters be deferred to the meeting of this Committee to be held on 6th February, 2020 to allow for an update on the matters to be provided by the Private Sector Services Manager and the Senior Environmental Compliance Officer and to allow for all of the registration holders to liaise with the Private Sector Services Manager during the intervening period and for the appointment of a Factor to be arranged by one of the registration holders on behalf of and as agreed by the other registration holders in attendance to have day-to-day management responsibilities for the upkeep and maintenance of the properties and common areas including garden ground and, separately, for outstanding works to be completed to the satisfaction of the Private Sector Services Manager.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PRIVATE HIRE DRIVER'S LICENCE - UPDATE

Reference was made to Article VI(c) of the minute of meeting of this Committee of 7th March, 2019, wherein it was agreed to grant the application by Miss M H for a Private Hire Drivers Licence for a period of six months and to recall the matter to this meeting of the Committee for an update on the payment of outstanding monies to the Corporate Finance Division. There was submitted the original comments from the Corporate Finance Division relevant to this application. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Legal Officer and receiving confirmation that payment arrangements continued to be made to pay the outstanding monies to the Corporate Finance Division, the Committee agreed that no further action be taken and that the application be granted and that should any application for renewal of the licence be received, that this be submitted to a meeting of this Committee for determination.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr C C 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 granted and that should any application for renewal of the licence be received, that this be submitted to a meeting of this Committee for determination.

(ii) There was submitted an application by Mr H K for a Taxi Drivers Licence. 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 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 granted and that should any application for renewal of the licence be received, that this be submitted to a meeting of this Committee for determination.

(c) TAXI DRIVER'S LICENCE - UPDATES

(i) Reference was made to Article VII(c)(ii) of the minute of meeting of this Committee of 2nd May, 2019, wherein it was agreed to grant the application by Mr R I for a Taxi Drivers Licence for a period of six months and to recall the matter to this meeting of the Committee for an update on the operation of the licence. There was submitted 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 no further action be taken and that the application be granted.

(ii) Reference was made to Article VII(e)(iii) of the minute of meeting of this Committee of 2nd May, 2019, wherein it was agreed to grant the application by Mr G M for a Taxi Drivers Licence for a period of six months and to recall the matter to this meeting of the Committee for an update on the operation of the licence. There was submitted the original letter of objection from the Chief Constable relevant to this application. 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 no further action be taken and that the application be granted.

(d) TAXI OPERATORS LICENCE - REQUESTS FOR VARIATIONS

(i) There was submitted an application by Miss K C requesting a variation to the terms of her Taxi Operators Licence to allow for the condition that no one other than the licence holder drive the vehicle be removed. The Committee gave consideration to the content of the request.

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.

(ii) There was submitted an application by Mr J D requesting a variation to the terms of his Taxi Operators Licence to allow for a change of day-to-day manager to Mr A T. The Committee gave consideration to the content of the request. Thereafter, having heard a representative on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until 31st May, 2020 and that should any application for renewal of the licence be received, that this be submitted to a meeting of this Committee for determination.

(e) TAXI DRIVER'S LICENCE - APPLICATION FOR WHEELCHAIR MEDICAL EXEMPTION CERTIFICATE

There was submitted an application by Mr D C for a Wheelchair Medical Exemption Certificate. There was submitted a copy of the application, together with supporting evidence, which had been submitted by the applicant relevant to this application. The Committee gave consideration to the application and the supporting documentation. Thereafter, having heard the Senior Electoral Services and Licensing Officer, 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 the licence holder be issued with a Wheelchair Medical 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.

(f) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article VII(e)(iii) of the minute of meeting of 5th September, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr S C 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 S C during the intervening period with immediate effect. There was submitted the original 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 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 S C during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 6th February, 2020 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.

(ii) Reference was made to Article II(d) of the minute of meeting of the Licensing Sub‑Committee of 3rd October, 2019, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr G M with immediate effect and to hold a hearing in due course in relation to the suitability of Mr G M 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 G M 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 adjourn the hearing in relation to the alleged conduct of Mr G M during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 9th January, 2020 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr G M during the intervening period with immediate effect.

(iii) Reference was made to Article II(a)(viii) of the minute of meeting of the Licensing Sub‑Committee of 3rd October, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr L R during the currency of his Taxi Drivers Licence to this meeting of the 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 L R 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 L R 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.

(g) TAXI DRIVER'S AND TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

Reference was made to Article VII(c) of the minute of meeting of this Committee of 3rd October, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr A MacL during the currency of his Taxi Drivers Licence and Taxi Operators Licence to this meeting of the Committee to allow the licence holder to be present and that the licence holder be advised that non-attendance may mean the matter being considered in their absence. 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. Thereafter, having heard a representative of the Chief Constable and the Legal Officer and receiving confirmation that a request had been received from the licence holder for the matter to be deferred due to their ill-health, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr A MacL during the currency of his Taxi Drivers Licence and Taxi Operators Licence to the meeting of this Committee to be held on 5th December, 2019 to allow the licence holder to be present and that they be advised that non-attendance may mean the matter being considered in their absence.

(h) 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 days 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.

(i) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted an application by Mr M McD for a Public Entertainment Licence. There was submitted a letter of objection from the Senior Environmental Compliance Officer relevant to this application. A copy of their layout plan was also submitted. 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 documentation. Thereafter, having heard a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be adjourned to the meeting of this Committee to be held on 9th January, 2020 to allow the applicant to be present.

Stewart HUNTER, Convener.

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

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Ken LYNN

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 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(a)(iii) of the minute of meeting of this Sub-Committee of 27th June, 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 gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf, and consideration of the advice of the Legal Officer and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub‑Committee agreed that no further action be taken.

(ii) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee of 5th September, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr M D during the currency of his Taxi Drivers Licence. There was submitted a letter of information from a Licensing Standards Officer relevant 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 representative of the Chief Constable, a representative 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 the licence holder be issued with a verbal warning as to their future conduct during the currency of their Taxi Drivers Licence.

(iii) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub-Committee of 5th September, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J I 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 J I 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 in relation to the alleged conduct of Mr J I during the currency of his Taxi Drivers Licence to the meeting of this Sub-Committee to be held on 9th January, 2020 to await the outcome of court proceedings.

(iv) Reference was made to Article II(a)(iii) of the minute of meeting of this Sub-Committee of 5th September, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr M J 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 M J 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 in relation to the alleged conduct of Mr M J during the currency of his Taxi Drivers Licence to the meeting of this Sub-Committee to be held on 9th January, 2020 to await the outcome of court proceedings.

(v) Reference was made to Article II(b)(viii) of the minute of meeting of this Sub‑Committee of 28th March, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr J L during the currency of his Taxi Drivers Licence to this meeting of the Sub‑Committee to allow for payments to be made and a payment plan to be agreed with the Corporate Finance Division. There was submitted the original letter of information from the Corporate Finance Division relevant to the alleged conduct of Mr J L 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 the Senior Electoral Services and Licensing Officer and consideration of the advice of the Legal Officer, the Sub‑Committee agreed to further adjourn the hearing in relation to the alleged conduct of Mr J L during the currency of his Taxi Drivers Licence to the meeting of this Sub‑Committee to be held on 9th January, 2020 to allow for the licence holder to be present and for confirmation of the maintenance of payments to be received.

(vi) Reference was made to Article II(a)(iv) of the minute of meeting of this Sub‑Committee of 5th September, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G McL 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 G McL 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 until the meeting of this Sub-Committee to be held on 9th January, 2020 to await the outcome of court proceedings.

(vii) Reference was made to Article II(a)(v) of the minute of meeting of this Sub-Committee of 5th September, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R McW 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 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, the licence holder on their own behalf and consideration of the advice of the Legal Officer and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub-Committee agreed that no further action be taken.

(viii) Reference was made to Article II(a)(vi) of the minute of meeting of this Sub‑Committee of 5th September, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr L R 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 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, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr J I during the currency of his Taxi Drivers Licence to the meeting of the Licensing Committee to be held on 7th November, 2019.

(ix) Reference was made to Article II(a)(vi) of the minute of meeting of this Sub‑Committee of 27th June, 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 the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr W S during the currency of his Taxi Drivers Licence to the meeting of this Sub-Committee to be held on 9th January, 2020.

The Convener agreed that the undernoted items 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 - REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr K 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 alleged conduct of Mr K R during the currency of his Taxi Drivers Licence.

(c) TAXI DRIVERS LICENCE AND TAXI OPERATORS LICENCE - REQUEST FOR SUSPENSION HEARING

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 Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the alleged conduct of Mr A MacL during the currency of his Taxi Drivers Licence and Taxi Operators Licence.

(d) TAXI DRIVERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G M 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 the Taxi Drivers Licence held by Mr G M be suspended with immediate effect and that a hearing be heard in due course.

Stewart HUNTER, Convener.

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 19th March, 2019.

APPENDIX II

Present:-

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

Lisa ARCHIBALD (Senior Electoral Services and Licensing Officer), Corporate Services

Brian WOODCOCK (Senior Solicitor, Licensing), Corporate Services

Barry RODGER (Environmental Compliance Officer), Neighbourhood Services

Bryan COLEMAN (Licensing Standards Officer), Neighbourhood Services

Mark DEVINE (Transportation Officer), City Development

Fraser CRICHTON (Assistant Transport Manager), City Development

TAXI TRADE REPRESENTATIVES

Scott WALKER, City Cabs Dundee 505050 Ltd

Qaiser HABIB, Dundee City Taxi Drivers Association

Mohammed HASHMI, Dundee City Taxis

Ryan TODD, Dundee Electric Taxi Association

Graeme STEPHEN, Dundee Taxi Association

Charlie DUTHIE, Tay Taxis

Chris ELDER, Unite The Union

Also in attendance as an observer:-

Councillor George McIRVINE, Dundee City Council

Lisa ARCHIBALD and Barry RODGER, Joint Chairs, in the Chair.

Prior to commencement of the business, reference was made to Article II of the minute of meeting of the Licensing Committee of 24th January, 2019, wherein the membership of the Taxi Liaison Group was agreed following consideration of the report on the review of membership and criteria for membership.

The Joint Chairs welcomed everyone to the first meeting of the reconstituted Taxi Liaison Group and introductions were made.

I MINUTE OF PREVIOUS MEETING

The minute of meeting of the Taxi Liaison Group held on 21st August, 2018 was submitted and noted for information and record purposes.

II TAXI FARES 2019/2020

There was submitted a paper prepared by City Development on proposals in relation to taxi fares, charges and tariffs for the period 2019/2020, a copy of which is attached to this minute as an appendix. These proposals were presented as options 1 and 2. The Group gave consideration to the content of the paper describing the options including calculations as tabled by Mark Devine in supplement to the information provided.

Following discussion, the Group agreed:-

(i) to note that there was general agreement amongst the trade membership present that option 2 containing proposed tariffs be submitted to a meeting of the Licensing Committee for approval and to note that, as indicated by Chris Elder, he was not in a position to commit to either of these proposals which had been issued for discussion prior to consultation with his members;

(ii) to note that, to meet timescales, a report on the adoption of taxi fares as outlined in option 2 would require to be presented to the meeting of the Licensing Committee to be held on 2nd May, 2019; and

(iii) to note that any observations or comments from members of the trade as to the proposals contained in option 2 should be submitted to Lisa Archibald by 19th April, 2019 to allow them to be progressed for inclusion within the submission to the Licensing Committee as noted at (ii) above and that, should any members have any objection to the proposal, they would have the opportunity to make a representation to the Committee in person by requesting to be heard as a deputation.

The Joint Chairs allowed the following additional items to be considered at this meeting.

III TAXI RANKS

(a) NETHERGATE - BUS BAYS

Lisa Archibald took the opportunity to report to the Group that complaints were continuing to be received from bus drivers and members of the public in relation to the inappropriate parking of taxis at the bus bay opposite the taxi rank at the Nethergate and public safety concerns arising as a result including the inability for elderly and disabled members of the public to get on buses. The trade members present were reminded of the formal procedures which were in place and had been agreed by the Licensing Committee in relation to inappropriate parking and requested that the membership relay these concerns to their members. In accordance with the aforementioned procedure, those licence holders who were found to be parking irresponsibly and had been reported to the Licensing Office could find themselves the subject of a suspension hearing at a meeting of the Licensing Committee in relation to their fitness to be the holder of a Taxi Driver's Licence. Neil Gellatly, Head of Roads and Transportation, would also be approached with a view to examining the feasibility of implementing a Traffic Order at that location with enforcement signage indicating that no u-turn was possible from the bus bay onto the rear of the rank to deter any future breaches at this location as it was recognised that this may act as a deterrent as it would mean that individual licence holders would incur penalty points on their licences as a result of making an unlawful u-turn on to the opposite side of the road.

The Group agreed to note the position.

(b) ST ANDREWS STREET TAXI RANK

Graeme Stephen highlighted the St Andrews Street taxi rank indicating that no relocation had been indicated as yet. Lisa Archibald responded that it was intended that this be moved across the road and that this rank had also incurred complaints due to taxis over ranking and therefore resulting in obstruction to other road users.

The Group agreed to note the position.

IV G CASINO - TAXI MARSHALS

Graeme Stephen reported on the Trade's perception that Police Scotland were not enforcing road traffic law at the location of the G Casino when offences in relation to inappropriate parking by taxi drivers were taking place. Both Qaiser Habib and Chris Elder further reported that they perceived Taxi Marshals were not providing an effective service at this location. Lisa Archibald advised that, should Trade members be of the belief that there was a problem at this location, they should contact the Licensing Office so that they may investigate. Fraser Crichton highlighted the importance of public safety at this location and that Taxi Marshals were in place in the interests of the public not being put at risk and emphasised that taxi drivers were professional drivers and that, in the interests of road safety, it would be desirable for them to pay careful adherence to road safety at this location and to adhere to the Highway Code and regulatory signage in place.

The Group agreed to note the position.

V CCTV DOCUMENTATION TO BE ISSUED WITH TAXI OPERATOR AND PRIVATE HIRE CAR RENEWALAPPLICATION FORMS

Lisa Archibald advised of the documentation which would be issued to all Taxi Operator and Private Hire Car Licence holders together with their applications for renewal of licence. This would include information on the approved CCTV system and procedures which may be followed by any licence holder interested in installing such system in the vehicle to be used in the operation of their licence. Lisa Archibald advised that installation of an approved CCTV system would require the licence holder to submit an application for variation to the Licensing Office for consideration. Any variation granted would be attached to the individual licence plate and not the vehicle to be used in the operation of the licence in contrast to request for variation to place advertising on a vehicle which would be specific to the vehicle and not the licence. It was emphasised that only an approved CCTV system was permitted for installation and that installation could only be undertaken if approved by the Licensing Office and that this was in the interests of public safety.

The Group agreed to note the position.

VI CCTV - TINTED WINDOWS

Graeme Stephen enquired as to progress on CCTV installation towards allowing Taxi Operator Licence holders to have tinted glass on their vehicles which, in many occasions, was now standard supply of manufacturers. Lisa Archibald advised that once the current approved system was fully assessed they would be able to consider the position in relation to tinted glass with a view to submitting an item to a future meeting of the Licensing Committee in this respect for consideration. Ryan Todd made an enquiry in relation to the timescales for this as it was considered that electric vehicles were limited at the moment in terms of the vehicles which they may put in service and that there was currently a six month waiting list, so any indication as to when this matter may be considered would be of assistance to them to allow them to progress and programme any purchase effectively. In reply, Lisa Archibald advised that the Licensing Office would consider putting a note to the Licensing Committee on 2nd May, 2019 in relation to CCTV and tinted glass. It was also highlighted that very few manufacturers were providing cars with clear glass and that, in most occasions, tinted glass was standard fitment to vehicles.

The Group agreed to note the position.

VII ELECTRIC VEHICLES - CHARGE FOR USE OF CHARGING POINTS

Qaiser Habib enquired in relation to charging for the use of electric charging points and when this may come into operation. In reply, Fraser Crichton advised that the Transportation Section were currently meeting with Transport Scotland on this and that no definitive position had been received as yet.

The Group agreed to note the position.

VIII TRANSPORT SCOTLAND - GRANTS

Chris Elder commented that from discussions he had had with Transport Scotland they had indicated that grants for Euro 6 diesel vehicles would be extended until 2020. Graeme Stephen also reported that Transport Scotland were currently awarding grants of 3,500 to members of the public and the taxi trade towards replacing diesel vehicles and that, in his view, more benefit could be realised if more of an incentive had been given to the taxi trade in this respect.

The Group agreed to note the position.

IX PRIVATE HIRE CAR LICENCES - CAPPING OF NUMBERS

Qaiser Habib enquired in relation to the capping of the number of Private Hire Car Licences. In reply, Brian Woodcock advised that this would be included in the next survey on unmet demand for taxis.

The Group agreed to note the position.

X TAXI UNMET DEMAND SURVEY - PROCEDURE AND ANALYSIS

Ryan Todd enquired as to what was contained within the procedure for surveys and what elements were taken into consideration towards coming to an outcome. Fraser Crichton reminded the Group that the company who currently undertook the survey were responsible for undertaking the same survey in a number of other cities also, including Glasgow.

The Group agreed to note the position.

XI DATE OF NEXT MEETING

The Group agreed to note that the date of the next meeting of the Taxi Liaison Group would be established in due course.

Lisa ARCHIBALD and Barry RODGER, Joint Chairs.