Licensing Committee - 05/12/2019

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

Present:-

Bailie Christina ROBERTS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 7th November, 2019 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 7th, 11th and 13th November, 2019 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II and III.

III LICENSING COMMITTEE - TRAINED SUBSTITUTE

On a reference to Article V of the minute of meeting of the City Council of 18th November, 2019, the Committee agreed to note that Councillor Cordell had been appointed as a member of the Licensing Committee in the capacity of Trained Substitute.

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.

LATE HOURS CATERING - NEW APPLICATIONS

MARKET OPERATORS - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) LATE HOURS CATERING - NEW APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that an application had been made for hours of operation until 5 am and that this was outwith the hours of operation for the current policy of Late Hours Catering. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that consideration the matter be deferred to the meeting of this Committee to be held on 9th January, 2020 to allow the applicant to be in attendance.

(c) PRIVATE HIRE OPERATOR - NEW APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee noted that application had been made for a Private Hire Operator Licence for airport transfer journeys only together with a request for a variation to the condition of the licence to allow for a non-electric vehicle to be placed on service in 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 application be granted and that the condition in relation to the placing on service of an electric vehicle not be applied on this occasion. However, the Committee imposed the additional condition that the vehicle operated under the licence be used for airport transfer journeys only.

(d) SECOND HAND DEALER - NEW APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee noted that a letter of objection had been submitted by the Planning and Economic Development Division relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to planning permission being obtained and any necessary approvals being received in relation to online sales.

(e) TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that this application had been withdrawn from consideration by the applicant.

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. Thereafter, having noted that the applicant had failed to pass the street test, provide a medical certificate, complete an approved Taxi Driver SVQ Training Course and supply a copy of his Unique Tax Reference Number to confirm that they were registered for tax purposes and having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(f) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATION

There was submitted the undernoted application.

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 James Stirling (OP254). Directors of C&B (Dundee) Ltd were James Stirling, David Reilly and Beth Reilly. 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.

(g) 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, reference was made to Article III(b) of the minute of meeting of this Committee of 3rd October, 2019, wherein it was agreed to grant the licence holder a further extension of time to place a vehicle on service in the operation of the licence up until this meeting of the Committee. The Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP927) 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 a further 28 day extension 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 (OP14E) to place a vehicle on service in the operation of the licence and that an extension had previously been granted under delegated powers. 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 to note that no further action was required as a vehicle had now been placed on service.

In the case of Application No 3, reference was made to Article IV(d) of the minute of meeting of this Committee of 7th November, 2019, wherein it was agreed to grant the licence holder a further extension of time to place a vehicle on service in the operation of the licence up until this meeting of the Committee. The Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP460E) 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 a further 28 day extension be granted.

In the case of Application No 4, reference was made to Article IV(d) of the minute of meeting of this Committee of 7th November, 2019, wherein it was agreed to grant the licence holder a further extension of time to place a vehicle on service in the operation of the licence up until this meeting of the Committee. The Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP927) 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 a further 28 day extension be granted.

In the case of Application No 5, reference was made to Article IV(d) of the minute of meeting of this Committee of 7th November, 2019, wherein it was agreed to grant the licence holder a further extension of time to place a vehicle on service in the operation of the licence up until this meeting of the Committee. The Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP1789) to place a vehicle on service in the operation of the licence and that extensions had previously been granted under delegated powers. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that a further 28 day extension be granted.

(h) TAXI SURVEY

It was reported that a survey to establish the level of unmet demand for taxis in the city of Dundee had been recently carried out by CH2M Ltd. There was submitted the final report from CH2M Ltd on the outcome of the survey undertaken by them to establish the level of unmet demand for taxis in the city of Dundee. It was reported that the overall objective of the study was to provide a full survey for demand of taxis in Dundee and to determine whether or not significant unmet demand for taxis existed in terms of Section 10(3) of the Civic Government (Scotland) Act 1982. Specific objectives of the study were to determine:-

- Whether there was any significant unmet demand for taxi service in Dundee.

- If significant unmet demand was found, to recommend how many licences would be required to meet this.

The Committee gave consideration to the content of the final report and the recommendations contained, which may be adopted by the Council. Thereafter, having considered the advice of the Legal Officer, and noting that the study had identified that there was no evidence of significant unmet demand in Dundee and having considered the recommendations which resulted from the study, the Committee agreed to adopt the recommendations that the limit of taxis for the purposes of the Committees unmet demand policy be reduced from 535 to 505. The Committee also instructed that the next demand survey cover the services of private hire cars as well as taxis.

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 - VARIATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 2 and 3, the Committee noted that application had been made to change the day-to-day manager to Martin & Co/Belal Khan. Thereafter, having heard the Private Sector Services Manager and noting that there were no objections to the applications, the Committee agreed that the applications be granted.

(c) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee noted that a letter of objection had been received 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 objection. 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.

The Committee agreed that the press and public not be excluded from the meeting for the undernoted item of business.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

There was submitted the undernoted application.

(a) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATION

In the case of Application No 1, there was submitted a letter of information from Dundee Safety Advisory Group relevant to this application, together with a further letter of information which was tabled. The Committee gave consideration to the content of the documentation. Thereafter, having heard a representative of the Dundee Safety Advisory Group, 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 all matters outstanding were resolved to the satisfaction of the Dundee Safety Advisory Group by the 20th December, 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.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr M A for a Taxi Drivers Licence. There was submitted a letter of objection from the Corporate Finance Division relevant to this application. The Committee gave consideration to the content of the objection. 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 should any application for renewal of licence be received that this be submitted to a meeting of this Committee for the determination.

(b) TAXI OPERATOR - REQUEST FOR VARIATION

There was submitted an application by Mr A McI requesting a variation of his Taxi Operators Licence to allow him to substitute a saloon car vehicle for a wheelchair accessible vehicle. There was submitted a copy of the supporting documentation which had been provided by the applicant relevant to this application. The Committee 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 that consideration of the matter be deferred to the meeting of this Committee to be held on 9th January, 2020 to allow the applicant to be in attendance.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article VII(e)(i) 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 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 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. Thereafter, having heard the 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 6th February, 2020 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(f)(iii) of the minute of meeting of this Committee of 7th November, 2019, wherein it was 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 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. 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, the 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 and that should any application for renewal of licence be received, that this be submitted to a meeting of this Committee for determination.

(d) TAXI DRIVER'S LICENCE AND TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II of the minute of meeting of the Licensing Sub‑Committee of 11th November, 2019, wherein it was agreed to suspend the Taxi Drivers Licence and Taxi Operators Licence held by Mr D C with immediate effect and to hold hearings in relation to the fitness of Mr D C to be the holder of a Taxi Drivers Licence and Taxi Operators Licence in due course. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D C during the currency of his Taxi Drivers Licence and Taxi Operators Licence. The 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 and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearings in relation to the alleged conduct of Mr D C during the currency of his Taxi Drivers Licence and Taxi Operators Licence to the meeting of this Committee to be held on 5th March, 2020 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence and Taxi Operators Licence held by Mr D C during the intervening period with immediate effect.

(ii) Reference was made to Article VII(g) of the minute of meeting of this Committee of 7th November, 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.

There were submitted the original letters 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 matters be considered in their absence. The Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer and the Senior Electoral Services and Licensing Officer and having considered the content of a supporting letter which had been received from the licence holder and a medical report from the licence holders General Practitioner, the Committee agreed to further adjourn the hearings in relation to the alleged conduct of Mr A MacL during the currency of his Taxi Drivers Licence and Taxi Operators Licences to the meeting of this Committee to be held on 9th January, 2020 and to suspend the Taxi Drivers Licence held by Mr A MacL with immediate effect during the intervening period having noted the advice of the General Practitioner that they were not medically fit to drive and, as such, did not meet Group 2 standards and that no action be taken in relation to the Taxi Operators Licence held by Mr A MacL during the intervening period.

(e) TAXI OPERATOR - REQUEST FOR EXTENSION OF TIME TO PLACE VEHICLE ON SERVICE

Reference was made to Article VII(h) of the minute of meeting of this Committee of 7th November, 2019, wherein it was agreed to grant Mr A McL 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.

(f) TEMPORARY MARKET OPERATOR - NEW APPLICATION

There was submitted an application by Company T for a Temporary Market Operators Licence. There were submitted letters of objection from the Planning Service and Building Standards Service relevant to this application. The Committee gave consideration to the content of the objections. Thereafter, having heard the applicant on their own behalf, a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to any necessary consents being obtained by the applicant.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 7th November, 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 item 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) WINDOW CLEANERS LICENCE - REQUESTS FOR HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J S during the currency of his Window Cleaners 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 J S during the currency of his Window Cleaners 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.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(b) TAXI DRIVERS LICENCE - REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr B M 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 and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that a suspension hearing be held in due course in relation to the alleged conduct of Mr B M during the currency of his Taxi Drivers Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 11th November, 2019.

APPENDIX II

Present:-

Councillor Stewart HUNTER

Councillor Ken LYNN

Councillor Charlie MALONE

Councillor Stewart HUNTER, 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 DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVERS LICENCE AND TAXI OPERATORS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D 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 the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Drivers Licence and Taxi Operators Licence held by Mr D C be suspended with immediate effect and that a suspension hearing be held in due course in relation to the alleged conduct of Mr D C during the currency of his Taxi Drivers Licence and Taxi Operators Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 13th November, 2019.

APPENDIX IIl

Present:-

Councillor Stewart HUNTER

Councillor Mark FLYNN

Councillor George McIRVINE

Councillor Stewart HUNTER, 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 DECLARATION OF INTEREST

No declarations of interest were made.

II 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 G S 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 and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Drivers Licence held by Mr G S be suspended with immediate effect and that a suspension hearing be held in due course in relation to the alleged conduct of Mr G S during the currency of his Taxi Drivers Licence.

Stewart HUNTER, Convener.