Licensing Committee - 05/10/2017

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th October, 2017.

Present:-

Bailie Willie SAWERS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 7th September, 2017 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 September, 2017, 8th September, 2017 and 21st September, 2017 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II and III.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

MARKET OPERATOR - NEW APPLICATION

PRIVATE HIRE OPERATOR NEW APPLICATION

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST NEW APPLICATIONS

(b) PRIVATE HIRE OPERATOR - REQUEST FOR EXTENSION

There was submitted the undernoted application requesting an extension of time to place a vehicle on service in the operation of the licence.

It was reported that Mr Mitchell had not presented a car for testing since 2014 and that his plate was originally granted on 2nd April, 2009. In the case of this application, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee noted that no action was required as the licence for the vehicle had ceased to be in operation.

(c) STREET TRADER LICENCE NEW APPLICATION AND REQUEST FOR VARIATION

There was submitted the undernoted application.

It was reported that Mr Hogg had also requested a variation to remove Condition 9 from his licence to allow him to trade from a static pitch at 64-70 North William Street. In the case of this application, 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 request for variation also be granted.

(d) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having noted that the applicant had failed to pass the Street Test within the prescribed period and had failed to submit a medical certificate and a Unique Tax Reference Number as evidence he was registered for tax purposes, the Committee agreed that the application be declared incompetent.

(e) TAXI OPERATOR - ELECTRIC VEHICLE NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that an application had been made for a taxi licence to replace an existing Taxi Operator's Licence with an electric vehicle. The existing licence holder was Arshad Ali. Directors of Spey Fleet Services Ltd were Arshad Ali, Naveen Jamshed and Alexander Walker. Thereafter, having heard the applicant on their own behalf and having considered the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the condition that the vehicle to be used in the operation of the licence being placed on service within 21 days and the surrender of the previous licence.

In the case of Application No 2, the Committee noted that an application had been made for a taxi licence to replace an existing Taxi Operator's Licence with an electric vehicle. The existing licence holder was David Balbirnie. Directors of WKF Taxis Ltd were David Balbirnie, William Fitzpatrick and Ricki McGovern. Thereafter, having heard the applicant on their own behalf, and having considered the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the condition that the vehicle to be used in the operation of the licence being placed on service within 21 days and the surrender of the previous licence.

(f) TAXI OPERATOR - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, reference was made to Article VII(b) of the minute of meeting of this Committee held on 7th September, 2017, wherein consideration of the application was deferred to this meeting of the Committee to allow the applicant to be present. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that a request for variation had been made to allow tinted windows on the vehicle involved in the operation of the licence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be refused.

(g) TAXI OPERATOR - REQUEST FOR EXTENSION

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article VII(g) of the minute of meeting of this Committee held on 7th September, 2017, wherein the Committee agreed to grant the application for an extension of time to place a vehicle in service to this meeting of the Committee.

Thereafter, having heard a representative on behalf of the licence holder 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 deal with the application in consultation with the Convener, subject to the vehicle passing the test and if not the matter be referred to the Committee.

In the case of Application No 2, the Committee noted that the applicant had been granted two previous extensions to put a vehicle on the road and that he was originally granted his plate on 21st May, 2017. There was submitted the original letter of support from the licence holder relative 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 licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(h) APPROVED LIST OF TAXI TRAINING PROVIDERS

There was submitted an application from DriveHire requesting that they be added to the list of approved Taxi Training Providers.

The Committee agreed that DriveHire be added to the list of approved Taxi Training Providers.

(i) APPROVED LIST OF WHEELCHAIR ACCESSIBLE TAXIS

It was reported that the Ford Transit (Grand) Journey (LWB) Conversion provided by Cabs Direct had been assessed by the Fleet Section and it was recommended that they be added to the approved list of Wheelchair Accessible Vehicles.

The Committee agreed that the vehicle be added to the approved list of Wheelchair Accessible Vehicles.

IV HOUSING (SCOTLAND) ACT 2006

(a)                           NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, having heard the Private Sector Services Manager and the applicant on their own behalf, the Committee agreed that the application be granted.

In the case of Applications Nos 2 to 10, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(c) HOUSES IN MULTIPLE OCCUPATION VARIATIONS

There was submitted the undernoted application.

In the case of this application, there being no objections, and having heard the Private Sector Services Manager, the Committee agreed that the application for variation to change the day to day manager to Gowrie Care Ltd be granted.

(d)                   HOUSES IN MULTIPLE OCCUPATION - RENEWAL UPDATES

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article IV(c) of the minute of meeting of this Committee held on 27th April, 2017, wherein the Committee granted the renewal of Houses in Multiple Occupation Licence but to recall the application in six months time for an update on the operation of the licence from the Private Sector Services Manager. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Private Sector Services Manager, the Committee noted that there were no adverse observations on the operation of the licence and agreed that no further action be taken.

In the case of Application No 2, reference was made to Article IV(c) of the minute of meeting of this Committee held on 27th April, 2017, wherein the Committee granted the renewal of Houses in Multiple Occupation Licence application but to recall the application in six months time for an update on the operation of the licence from the Private Sector Services Manager. Thereafter, having heard the Private Sector Services Manager, and the representative on behalf of the applicant, the Committee noted that there were no adverse observations on the operation of the licence and agreed that no further action be taken.

In the case of Application No 3, reference was made to Article IV(c) of the minute of meeting of this Committee held on 27th April, 2017, wherein the Committee granted the renewal of Houses in Multiple Occupation Licence application but to recall the application in six months time for an update on the operation of the licence from the Private Sector Services Manager. Thereafter, having heard the Private Sector Services Manager, and the representative on behalf of the applicant, the Committee noted that there were no adverse observations on the operation of the licence and agreed that no further action be taken.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) APPLICATION FOR USE OF CITY SQUARE

There was submitted an application by Ms C McG for the use of City Square.

There was submitted a letter of complaint from a member of the public relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative on behalf of the applicant, and consideration of the advice of the Legal Officer, and noting that the content of the complaint related to the activities of a different organisation, the Committee agreed that the application be granted.

(b) MEMBERSHIP OF TAXI LIAISON GROUP

There was submitted a letter of information relevant to an organisation being a member of the Taxi Liaison Group.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative on behalf of the organisation and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(c) REQUEST FOR EXTENSION DECEASED HOUSE IN MULTIPLE OCCUPATION LICENCE OPERATOR

Reference was made to Article VII(c) of the minute of meeting of this Committee held on 15th June, 2017, wherein the Committee agreed to the request from the Executor of the late Mr C W who had been a holder of a Houses in Multiple Occupation Licence for an extension of time to wind-up his estate until 5th October, 2017.

There was submitted a letter from the Executor of the late Mr C W, who had been the holder of a House in Multiple Occupation Licence requesting a further extension of time to wind-up the estate.

The Committee gave consideration to the content of the letter. Thereafter, having heard an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that a further extension be granted up until 2nd November, 2017 to allow the applicant to be present.

(d) ELECTRIC VEHICLE NEW APPLICATION

Reference was made to Article VIII(e) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to defer consideration of the application by Company D for a taxi licence to replace an existing Taxi Operator's Licence with an Electric Vehicle to this meeting of the Committee.

There was submitted the original letters of objection from members of the public in relation to the application by Company D. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 2nd November, 2017 to allow the objector to be present.

(e) LATE HOURS CATERING LICENCE RENEWAL APPLICATIONS

Reference was made to Article VII(b) of the minute of meeting of this Committee held on 7th September, 2017, wherein the Committee agreed to defer consideration of the application by Company M to this meeting of the Committee to allow the applicant to attend.

There was submitted the original letter of objection from the Finance Department relative to this application. Thereafter, having heard a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to grant the application and to recall the matter to the meeting of this Committee to be held on 11th January, 2018 for an update from the Finance Section.

(f) PRIVATE HIRE CAR DRIVER S LICENCE SUSPENSION HEARING/RENEWAL APPLICATION

Reference was made to Article VII(b) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to defer consideration of the application submitted by Mr S Z for renewal of his Private Hires Car Driver's Licence and to adjourn the hearing in relation to the fitness of Mr S Z to be the holder of a Private Hire Car Driver's Licence to await the outcome of court proceedings.

There was submitted an application by Mr S Z for renewal of his Private Hire Car Drivers Licence.

The Committee gave consideration to the original letter of complaint which had been submitted by the Chief Constable relevant to the alleged conduct of Mr S Z during the currency of his Private Hire Car Drivers Licence and the letter of objection which had been submitted by the Chief Constable relevant to the application for renewal of the licence. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to grant the application for renewal of the licence and to recall the matter to the meeting of this Committee to be held in six months time for an update on the operation of the licence.

(g) SECOND HAND DEALERS LICENCE NEW APPLICATION

Reference was made to Article VII(c) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to defer consideration of the application submitted by Mr M S for this meeting of the Committee to allow the applicant to attend.

There was submitted an application by Mr M S for a Second Hand Dealers Licence.

The Committee agreed to note that this application had been withdrawn from consideration by the applicant.

(h) TAXI DRIVERS LICENCE NEW APPLICATIONS

There was submitted an application by Mr W W for a Taxi Driver's Licence.

There was submitted a letter of representation from the Chief Constable relative to this application. The Committee gave consideration to the content of the letter. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and, after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done. 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 for a period of 12 months and that the matter be recalled to the meeting of this Committee to be held in 12 months time for an update on the operation of the licence.

(i) TAXI DRIVERS LICENCE RENEWAL APPLICATIONS

(i) There was submitted an application by Mr M K for renewal of his Taxi Driver's Licence.

There was submitted a letter of information from the Licensing Standards Officer relative to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Licensing Standards Officer, the licence holder on their own behalf and consideration of a letter of information which had been tabled by the Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until 7th December, 2017 to await the outcome of the appeal to remain in the United Kingdom.

(ii) There was submitted an application by Mr S A for renewal of his Taxi Drivers Licence.

There was submitted a letter of information from the Licensing Standards Officer relative 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 Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until December, 2018 for an update on the outcome of the appeal to remain in the United Kingdom.

(iii) There was submitted an application by Mr S R for renewal of his Taxi Drivers Licence.

There was submitted a letter of information from the Licensing Standards Officer relative to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Licensing Standards Officer, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until 3rd June, 2018 for an update on the outcome of the appeal to remain in the United Kingdom.

(iv) There was submitted an application by Mr M S for renewal of his Taxi Drivers Licence.

There was submitted a letter of information from the Licensing Standards Officer relative to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Licensing Standards Officer, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until April, 2018 for an update on the outcome of the appeal to remain in the United Kingdom.

(v) There was submitted an application by Mr R C for renewal of his Taxi Drivers Licence.

In the case of this application, reference was made to Article VII(k) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to defer consideration of the application to allow the applicant to attend. There was submitted the original letter of information from the Chief Constable relative to the alleged conduct of Mr R C. 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 a representative of the Chief Constable, and the advice of the Legal Officer, the Committee agreed that the application be deferred to the meeting of this Committee to be held on 2nd November, 2017 to allow the applicant to be present.

(vi) There was submitted an application by Mr C M for renewal of his Taxi Drivers Licence.

There was submitted a letter from the applicants solicitor relative to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard an agent 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, subject to the applicant completing the Street Test within six months and that the matter be recalled to the meeting of this Committee to be held in April, 2018 for an update on the operation of the licence.

(j) TAXI OPERATOR REQUEST FOR VARIATION

(i) Reference was made to Article VII(c) of the minute of meeting of this Committee held on 1st September, 2016, wherein it was agreed to refuse the application.

There was submitted an application by Mr M A to vary the condition of his Taxi Operator's Licence to allow him to place in service a saloon vehicle.

The Committee noted that the matter had been referred back to the Committee for reconsideration by the Sheriff.

There was submitted a report from OHSAS relative to this application. The Committee gave consideration to the content of the report. Thereafter, having heard an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(ii) Reference was made to Article VIII(b) of the minute of meeting of this Committee held on 15th June, 2017, wherein it was agreed to extend the variation of the licence to this meeting of the Committee.

There was submitted an application by Mr J G to vary the condition of his Taxi Operator's Licence to continue to allow the appointment of a day to day manager.

There was submitted the original request relative to this application. The Committee noted that this licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the request. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the consideration of the application be deferred to the meeting of this Committee in December, 2017.

(k) TAXI DRIVERS LICENCE SUSPENSION HEARING

(i) Reference was made to Article VIII(d) of the minute of meeting of the Licensing Committee held on 15th June, 2017, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr B L to be the holder of a Taxi Driver's Licence to continue the suspension of the Taxi Drivers Licence held by Mr B L during the intervening period.

There was submitted a copy of the report from the PAM Group relevant to the fitness of Mr B L to be the holder of a Taxi Driver's Licence. The Committee gave consideration to the content of the report. Thereafter, having heard from the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 2nd November, 2017 to await a report from the PAM Group on the medical fitness of Mr B L to be the holder of a Taxi Driver's Licence and to continue the immediate suspension of the Taxi Drivers Licence held by Mr B L during the intervening period.

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Committee held on 24th August, 2017, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr J T to be the holder of a Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings and to recall the immediate suspension of the Taxi Drivers Licence held by Mr J T.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr J T during the currency of his Taxi Driver's 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 until the meeting of this Committee to be held in December, 2017 to await the outcome of court proceedings.

(iii) Reference was made to the decision taken in terms of delegated authority on 19th September, 2017, wherein the Taxi Driver's Licence held by Mr P T was suspended with immediate effect and it was agreed that a hearing be held in relation to the suitability of Mr P T to be the holder of Taxi Driver's Licence.

There was submitted a letter from the PAM Group relevant to the suitability of Mr P T to be the holder of a Taxi Driver's 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 report. Thereafter, having heard the Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in December, 2017 to await the report from the PAM Group on the medical fitness of Mr P T and to continue the suspension of the Taxi Driver's Licence held by Mr P T during the intervening period with immediate effect.

(iv) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 12th September, 2017, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr M T with immediate effect and to hold a hearing in relation to the fitness of Mr M T 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 M T 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 M T during the currency of his Taxi Drivers Licence until the meeting of this Committee to be held in January, 2018 and to continue the immediate suspension of the Taxi Drivers Licence held by Mr M T during the intervening period with immediate effect.

(v) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 12th September, 2017, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr S T with immediate effect and to hold a suspension hearing in due course.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S T during the currency of his Taxi Driver's Licence. There was also submitted a report from the PAM Group on the medical fitness of Mr S T to be the holder of a licence.

The Committee gave consideration to the content of the documents.

Thereafter, having heard the 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 Committee agreed to adjourn the hearing until the meeting of this Committee to be held in February, 2018 to await the outcome of court proceedings, and to continue the suspension of the Taxi Drivers Licence held by Mr S T during the intervening period with immediate effect.

(l) TAXI DRIVERS LICENCE SUSPENSION HEARING AND RENEWAL APPLICATIONS

Reference was made to Article VII(f) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to adjourn the hearing in relation to the suitability of Mr P A to be the holder of a Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings.

There was submitted the original letter from the Chief Constable relevant to the suitability of Mr P A to be the holder of a Taxi Driver's Licence. 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 representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held on November, 2017 to await the outcome of court proceedings.

(m) TAXI DRIVERS/TAXI OPERATORS LICENCE SUSPENSION HEARINGS/RENEWAL APPLICATION

Reference was made to Article VII(f) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to adjourn the hearing in relation to the suitability of Ms A B to be the holder of Taxi Driver's Licence, to allow the licence holder to attend.

There was submitted the original letter from the Chief Constable relevant to the alleged conduct of Ms A B during the currency of her Taxi Drivers Licence and a letter of information from the Chief Constable relevant to the suitability of Ms A B to be the holder of a Taxi Driver's Licence. The Committee gave consideration to the content of the letters. Thereafter, having heard the representative of the Chief Constable, the Legal Officer and the licence holder on her own behalf, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in December, 2017 to await the outcome of court proceedings.

(n) TAXI DRIVERS LICENCE/PRIVATE HIRE OPERATORS LICENCE SUSPENSION HEARINGS/RENEWAL APPLICATION

Reference was made to Article VII(f) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to adjourn the hearing in relation to the suitability of Mr C M to be the holder of a Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings.

There was submitted the original letter from the Chief Constable relevant to the alleged conduct of Mr C M during the currency of his Taxi Drivers Licence and a letter of information from the Chief Constable relevant to the suitability of Mr C M to be the holder of a Taxi Driver's Licence. 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 letters. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to refuse the application for the renewal of the Taxi Drivers Licence held by Mr C M and to grant the application for the renewal of the Private Hire Operator's Licence held by Mr C M.

(o) TAXI OPERATORS LICENCE SUSPENSION HEARING

There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr R A during the currency of his Taxi Driver's Licence.

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 Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held in December, 2017 to await the report from the PAM Group to establish the medical fitness of Mr R A to be the holder of a Taxi Operator's Licence.

(p) WINDOW CLEANERS LICENCE SUSPENSION HEARING AND RENEWAL APPLICATION

Reference was made to Article VII(a) of the minute of meeting of this Committee held on 7th September, 2017, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr D M during the currency of his Window Cleaners Licence to await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D M during the currency of his Window Cleaners Licence. There was also submitted a letter of objection from the Chief Constable relevant to the application by Mr D M for renewal of his Window Cleaner's 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 the licence holder be issued with a verbal warning as to their future conduct and that the application for renewal be granted.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 7th September, 2017.

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Kevin CORDELL

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 OPERATOR'S LICENCE REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from the Head of Community Safety and Protection relative to Mr R M's suitability to be the holder of a Taxi Operator's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Head of Community Safety and Protection and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that further medical enquiries be made as to Mr R M's suitability to be the holder of a Taxi Operator's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 8th September, 2017.

APPENDIX II

Present:-

Councillor Stewart HUNTER

Councillor Mark FLYNN

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 REQUEST FOR IMMEDIATE SUSPENSION

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct Mr M T during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Chief Constables representative and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Drivers Licence held by Mr M T be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr M T 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 S T during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Chief Constables representative and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Drivers Licence held by Mr S T be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr S T to be the holder of a Taxi Drivers Licence. The Sub-Committee also agreed to refer Mr S T to PAM.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 21st September, 2017.

APPENDIX III

Present:-

Councillor Stewart HUNTER

Councillor Gregor MURRAY

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 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 S A during the currency of his Taxi Driver 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 held by Mr S A be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr S A to be the holder of a Taxi Drivers Licence. No action would be taken in relation to the Taxi Operators Licence held by Mr S A during the intervening period.

Stewart HUNTER, Convener.