Licensing Committee - 09/01/2020
At a MEETING of the LICENSING COMMITTEE held at Dundee on 9th January, 2020.
Present:-
Bailie Christina ROBERTS
COUNCILLORS
|
Stewart HUNTER |
Alan ROSS |
George McIRVINE |
|
Ken LYNN |
Charlie MALONE |
Margaret RICHARDSON |
Councillor Stewart HUNTER, Convener, in the Chair.
The minute of meeting of this Committee of 5th December, 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 5th December, 2019 and 18th December, 2019 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.
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.
LATE HOURS CATERING - NEW APPLICATION
|
No |
Name |
Address of Premises
|
|
1 |
Ultra Catering Ltd |
76 Brook Street |
PUBLIC ENTERTAINMENT - NEW APPLICATIONS
|
No |
Name |
Location and Date of Event
|
|
1 |
Dundee Volunteer & Voluntary Action |
Whitfield Community Complex - 30/11/19 |
|
2 |
Sean McMahon |
Ardler Complex - 01/12/19 |
|
3 |
Dundee University Concert Band |
The Steeple Church - 06/12/19 |
|
4 |
Charleston Community Centre |
Charleston Community Centre - 07/12/19 |
|
5 |
Broughty Ferry Traders' Association |
Brook Street, Broughty Ferry - 15/12/19 |
|
6 |
Go Karting for Fun Ltd |
Scotkart (Team Sport) |
|
7 |
West End Makers and Bakers |
Lochee High Street - 06/12/19 |
|
8 |
Ultra Events |
Ardler Complex - 07/12/19 |
|
9 |
Love Lochee Events Group |
Lochee Community Hub - 07/12/19 and 14/12/19 |
(b) LATE HOURS CATERING - NEW APPLICATION
There was submitted the undernoted application.
|
No |
Name |
Address of Premises
|
|
1 |
Joup Ltd |
Dominoes Pizza, Unit 1, City Quay |
In the case of Application No 1, reference was made to Article IV(b) of the minute of meeting of this Committee of 5th December, 2019, wherein it was agreed to defer consideration of the application to this meeting of the Committee to allow the applicant to attend. The Committee noted that an application had been made for hours of operation from 11.00 pm until 5.00 am Sunday to Saturday and that this was outwith the hours of operation for the current policy for Late Hours Catering 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, subject to the condition that between the hours of 12 midnight and 5.00 am there be no over the counter sales and that the licence be operated on delivery basis only during these hours.
(c) BOAT HIRE CONDITIONS
There was submitted a copy of the revised Boat Hire Licensing Conditions which were proposed for adoption. The Committee noted that these licensing conditions would be applicable to all vessels. Thereafter, having heard a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the Boat Hire Licensing Conditions be adopted as proposed, a copy of which is attached to this minute as Appendix III.
(d) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATION
There was submitted the undernoted application.
|
No |
Name
|
|
1 |
7 Star Cabs Ltd |
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 Robert Shepherd (OP449). Directors of 7 Star Cabs Ltd were Robert Shepherd, Mohammed Asif and Shazia Asif. 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.
(e) TAXI OPERATOR - REQUESTS FOR EXTENSION OF TIME TO PLACE VEHICLES ON SERVICE
There were submitted the undernoted applications.
|
No |
Name
|
||
|
1 |
City Centre Cabs Dundee |
||
|
2 |
John J Alexander |
|
|
|
3 |
Deanside Ltd |
|
|
|
4 |
D K Taxis Ltd |
|
|
|
5 |
Touhami Massoum |
|
|
|
6 |
Timms Taxis |
|
|
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 (OP1922) 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 2, reference was made to Article IV(g) of the minute of meeting of this Committee of 5th December, 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 days 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. 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 the application be refused.
In the case of Application No 3, reference was made to Article IV(g) of the minute of meeting of this Committee of 5th December, 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 (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 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 4, reference was made to Article IV(g) of the minute of meeting of this Committee of 5th December, 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. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the advice of 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 5, the Committee noted that a request had been received for a further 28 day extension for Taxi Operator (OP490) 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 applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the advice of the Legal Officer, the Committee agreed that the application be refused.
In the case of Application No 6, reference was made to Article IV(g) of the minute of meeting of this Committee of 5th December, 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 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.
IV 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.
|
No |
Name |
Person Responsible |
Address
|
|
1 |
NKL Properties Ltd |
Westport Property Ltd |
1/2, 1 Rustic Place |
|
2 |
Bisma Farooq |
Easylets Ltd |
3/0, 16 Forebank Road |
|
3 |
Shore Terrace Ltd |
Easylets Ltd |
1/1, 3 Roseangle |
|
4 |
Maria Simonette Ong Brice |
Grant Property Solutions Ltd |
8A Laburn Street |
|
5 |
Mark Gray and Rosena Ali |
Grant Property Solutions Ltd |
2/2, 7 Bellefield Avenue |
|
6 |
T & R Adams Investments Ltd |
Grant Property Solutions Ltd |
2/1, 34 Seymour Street |
(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION
There was submitted the undernoted application.
|
No |
Name |
Person Responsible |
Address
|
|
1 |
Paula Clarkson |
John W B Clarkson |
2E Shaftesbury Place |
In the case of Application No 1, the Committee noted that a letter of representation had been received from the Private Sector Services Manager relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, the applicant on their own behalf, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that a variation to the terms of the licence be granted to allow an occupancy of five persons.
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 ANTI-SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004; LANDLORD
(a) LANDLORD REGISTRATION - NEW APPLICATION
The Committee noted that this item of business had been withdrawn from consideration.
VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI OPERATOR - REQUEST FOR VARIATION
Reference was made to Article VII(b) of the minute of meeting of this Committee of 5th December, 2019, wherein it was agreed to defer consideration of the application by Mr A McI for a variation of his Taxi Operator's Licence to allow the applicant to be in attendance. 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 gave consideration to the content of the documentation. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the request for variation be granted.
(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS
(i) Reference was made to Article VII(b) of the minute of meeting of this Committee of 3rd October, 2019, wherein it was agreed to further adjourn the hearing in relation to the alleged conduct of Mr R B during the currency of his Taxi Drivers Licence to this meeting of the Committee to await the outcome of court proceedings. There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr R B during the currency of his Taxi Drivers Licence. The 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 R B during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 5th March, 2020 to await the outcome of court proceedings.
(ii) Reference was made to Article VII(f)(ii) 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 G M 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 M 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 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. 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 M during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 6th February, 2020 to allow the licence holder to attend in person 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 VII(d)(ii) of the minute of meeting of this Committee of 5th December, 2019, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr A MacL with immediate effect on the grounds that the licence holder did not meet the DVLA Group 2 Medical Standards for driving a taxi. 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. 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 further adjourn the hearing in relation to the fitness of Mr A MacL to be the holder of a Taxi Drivers Licence to a meeting of this Committee to be advised and to continue the suspension of the Taxi Drivers Licence held by Mr A MacL for the unexpired portion of the licence with immediate effect.
(iv) Reference was made to the decision taken under delegated powers by the Head of Democratic and Legal Services, in consultation with the Convener, on 29th November, 2019, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr R S with immediate effect on the grounds that the licence holder did not meet the DVLA Group 2 Medical Standards for driving a taxi and that a hearing be held in due course in relation to the medical fitness of Mr R S to be the holder of a Taxi Drivers Licence. There were submitted medical assessments which had been undertaken by the PAM Group. The Committee gave consideration to the content of the documentation. Thereafter, having heard 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 continue the suspension of the Taxi Drivers Licence held by Mr R S with immediate effect for the unexpired portion of the licence and that should a report be received indicating that the licence holder was medically fit to be the holder of a Taxi Drivers Licence that delegated authority be given to the Head of Democratic and Legal Services to determine the matter in consultation with the Convener.
(c) TAXI DRIVER'S AND TAXI OPERATOR'S LICENCE - SUSPENSION HEARING
Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee of 18th December, 2019, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr A B with immediate effect and that a hearing be held in due course in relation to the fitness of Mr A B to be the holder of a Taxi Driver's Licence and that no action be taken in relation to the Taxi Operator's Licence held by Mr A B during the intervening period. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A B during the currency of his Taxi Driver's and Taxi Operator's Licences. The Committee gave consideration to the content of the letter. Thereafter, having heard an agent on behalf of the licence holder, the licence holder on their own behalf, the representative of the Chief Constable and consideration of the advice of the Legal Officer and a letter of support which had been tabled by the agent on behalf of the licence holder, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr A B during the currency of his Taxi Driver's Licence and Taxi Operator's 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 Driver's Licence held by Mr A B during the intervening period with immediate effect and that no action be taken in relation to the Taxi Operator's Licence held by Mr A B during the intervening period.
(d) TAXI OPERATOR - REQUEST FOR EXTENSION OF TIME TO PLACE A 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 the application be refused.
Stewart HUNTER, Convener.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 5th December, 2019.
APPENDIX I
Present:-
Bailie Christina ROBERTS
Councillor Stewart HUNTER
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 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 HEARING
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C 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 a hearing be held in due course in relation to the fitness of Mr C M to be the holder of a Taxi Drivers Licence.
Stewart HUNTER, Convener.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 18th December, 2019.
APPENDIX II
Present:-
Councillor Stewart HUNTER
Bailie Willie SAWERS
Bailie Christina ROBERTS
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 A B 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 held by Mr A B be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr A B to be the holder of a Taxi Drivers Licence. No action would be taken in relation to the Taxi Operators Licence held by Mr A B during the intervening period.
Stewart HUNTER, Convener.
APPENDIX III
BOAT HIRE LICENSING CONDITIONS
LICENSING CONDITIONS APPLICABLE TO ALL VESSELS
1. All licensed vessels will be coded to MGN 280.
2. All licence holders, when operating a vessel on the River Tay within the following area: (a line between Invergowrie and Balmerino, Fife to a latitude of 002˚ 38ʹW bounded by latitudes 002˚ 26ˊN & 002˚ 29ˊN) will comply with the Dundee Port Authority (General) Byelaws 1984.
3. The licence holder shall ensure that the maximum number of passengers to be carried in the vessel at any one time does not exceed 12.
The licence holder is reminded that the vessel should also comply with any other statutory requirements of the Department of Transport under the Merchant Shipping Acts.
4. The licence holder shall take out and maintain in force, with a reputable company, a policy of insurance with an indemnity limit not less than 5,000,000 which insures such person, persons or class of persons as may be specified in the policy in respect of any liability which may be incurred by him in respect of the death of or bodily injury to any person caused by, or arising out of, the use of the vessel, such policy to be in force at all times before undertaking the activities to which this licence relates. Any change in policy must be notified to and approved by the licensing authority and the licence holder must comply with any requirements by the licensing authority to produce his policy document.
5. The licence holder shall ensure that the registered number allocated to the vessel by the licensing authority is clearly marked or painted on the outside of each bow of the vessel in a conspicuous position in plain figures of not less than two inches in height and of a corresponding breadth. If the vessel is more than three tons, the figures shall not be less than three inches in height and of a corresponding breadth.
6. The licence holder shall ensure that the name of the licence holder and the words To carry a maximum of 12 passengers is marked or painted in a conspicuous position where it can be clearly seen by the passengers in letters and figures of not less than one inch in height and of a corresponding breadth.
7. The licence holder shall ensure that all numbers or names required by the licensing authority are kept at all times distinctly legible and must not be in any manner or by any means altered, effaced, obliterated, covered or concealed.
8. The licence holder shall ensure that the hull, and any oars, rigging, engines and mechanical equipment of the vessel be rendered at all times complete and in sound and seaworthy condition to the satisfaction of the licensing authority.
9. The licence holder shall at all times to the satisfaction of the licensing authority keep the slipways, jetties, piers and other landing places at his boat station, so far as under his control, in good and sufficient order and repair for the safe embarking of passengers.
10. The licence holder shall ensure that the vessel (other than types of small craft which the licensing authority considers should be exempt) carries a sufficient number of life jackets to BSC standard currently in force for all persons on board, including the person in charge and any other crew members.
11. The licence holder shall, to the best of his ability, ensure that the person in charge of the vessel must at all times comply with any weather warning or other instructions issued to him by the Coastguard or Harbour Master.
12. The licence holder shall not let any vessel to any person whom the licence holder considers is not fit to handle the vessel properly and would thereby be a danger to themselves or others (whether on the vessel or not).
SUPPLEMENTARY LICENSING CONDITIONS FOR SMALL CRAFT
(ROWING BOATS, DINGHIES, SKIFFS, CANOES, ETC)
1. The licence holder shall ensure that each rowing boat shall at all times be kept supplied and equipped with suitable and sufficient oars and row-locks or rowing pins, baling dish and (except skiffs) rudder with tiller or yoke and lines.
2. The licence holder shall ensure that each sailing dinghy at all times be kept supplied and equipped with all suitable and sufficient sails, spars, rudder, tackle, fittings and appliances as well as with at least two serviceable lifebuoys and a baling dish.
3. The licence holder shall ensure that each sailing dinghy carries two paddles.
SUPPLEMENTARY LICENSING CONDITIONS FOR LARGER VESSELS
1. The licence holder shall ensure that each vessel at all times when let or plying for hire be in the charge of an experienced boatman who holds a current Boatmasters licence or the appropriate commercially endorsed Royal Yachting Association (RYA) qualification and has a thorough knowledge of the weather and tidal conditions of the area in which the vessel is licensed to operate.
2. The licence holder shall ensure that the vessel carries life saving equipment and other safety equipment in accordance with the vessels coding and that it is inspected and maintained at the frequency stated in the vessels coding. A record of inspection and maintenance is to be kept by the licence holder.
3. The licence holder shall ensure that each vessel carries on deck and within easy access at least one life raft of an approved type, being capable of carrying everyone on board, including the person in charge and any other crew.
4. The licence holder shall ensure that each vessel be equipped with a siren or horn in working order and capable of giving clearly audible signals over a radius of at least 0.5 nautical miles.
5. The licence holder must ensure that each vessel is equipped with an efficient radar reflector.
6. The licence holder must ensure that a water resistant torch is carried on each vessel.
7. The licence holder must ensure that each vessel carries an efficient compass.
8. The licence holder must ensure that each vessel carries appropriate charts of the area in which the vessel is licensed to operate. If normal navigation is by electronic navigation aids, i.e. chart, plotter, current paper charts should still be carried as back up.
9. The licence holder must ensure that each vessel has fitted to it a radio capable of receiving weather forecasts.
10. The licence holder must ensure that each vessel carries a first aid kit.
ADDITIONAL REQUIREMENTS FOR VESSELS WITH ENGINES
1. The licence holder shall ensure that the vessel caries a tool kit with sufficient tools to carry out emergency repairs to the engine.
2. The licence holder shall ensure that each vessel has provision for, and carry, such emergency fuel for its engines (e.g. petrol or diesel) as required.
(a) LANDLORD REGISTRATION - NEW APPLICATION
The Committee noted that this item of business had been withdrawn from consideration.
VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI OPERATOR - REQUEST FOR VARIATION
Reference was made to Article VII(b) of the minute of meeting of this Committee of 5th December, 2019, wherein it was agreed to defer consideration of the application by Mr A McI for a variation of his Taxi Operator's Licence to allow the applicant to be in attendance. 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 gave consideration to the content of the documentation. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the request for variation be granted.
(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS
(i) Reference was made to Article VII(b) of the minute of meeting of this Committee of 3rd October, 2019, wherein it was agreed to further adjourn the hearing in relation to the alleged conduct of Mr R B during the currency of his Taxi Drivers Licence to this meeting of the Committee to await the outcome of court proceedings. There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr R B during the currency of his Taxi Drivers Licence. The 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 R B during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 5th March, 2020 to await the outcome of court proceedings.
(ii) Reference was made to Article VII(f)(ii) 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 G M 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 M 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 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. 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 M during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 6th February, 2020 to allow the licence holder to attend in person 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 VII(d)(ii) of the minute of meeting of this Committee of 5th December, 2019, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr A MacL with immediate effect on the grounds that the licence holder did not meet the DVLA Group 2 Medical Standards for driving a taxi. 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. 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 further adjourn the hearing in relation to the fitness of Mr A MacL to be the holder of a Taxi Drivers Licence to a meeting of this Committee to be advised and to continue the suspension of the Taxi Drivers Licence held by Mr A MacL for the unexpired portion of the licence with immediate effect.
(iv) Reference was made to the decision taken under delegated powers by the Head of Democratic and Legal Services, in consultation with the Convener, on 29th November, 2019, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr R S with immediate effect on the grounds that the licence holder did not meet the DVLA Group 2 Medical Standards for driving a taxi and that a hearing be held in due course in relation to the medical fitness of Mr R S to be the holder of a Taxi Drivers Licence. There were submitted medical assessments which had been undertaken by the PAM Group. The Committee gave consideration to the content of the documentation. Thereafter, having heard 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 continue the suspension of the Taxi Drivers Licence held by Mr R S with immediate effect for the unexpired portion of the licence and that should a report be received indicating that the licence holder was medically fit to be the holder of a Taxi Drivers Licence that delegated authority be given to the Head of Democratic and Legal Services to determine the matter in consultation with the Convener.
(c) TAXI DRIVER'S AND TAXI OPERATOR'S LICENCE - SUSPENSION HEARING
Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee of 18th December, 2019, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr A B with immediate effect and that a hearing be held in due course in relation to the fitness of Mr A B to be the holder of a Taxi Driver's Licence and that no action be taken in relation to the Taxi Operator's Licence held by Mr A B during the intervening period. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A B during the currency of his Taxi Driver's and Taxi Operator's Licences. The Committee gave consideration to the content of the letter. Thereafter, having heard an agent on behalf of the licence holder, the licence holder on their own behalf, the representative of the Chief Constable and consideration of the advice of the Legal Officer and a letter of support which had been tabled by the agent on behalf of the licence holder, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr A B during the currency of his Taxi Driver's Licence and Taxi Operator's 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 Driver's Licence held by Mr A B during the intervening period with immediate effect and that no action be taken in relation to the Taxi Operator's Licence held by Mr A B during the intervening period.
(d) TAXI OPERATOR - REQUEST FOR EXTENSION OF TIME TO PLACE A 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 the application be refused.
Stewart HUNTER, Convener.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 5th December, 2019.
APPENDIX I
Present:-
Bailie Christina ROBERTS
Councillor Stewart HUNTER
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 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 HEARING
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C 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 a hearing be held in due course in relation to the fitness of Mr C M to be the holder of a Taxi Drivers Licence.
Stewart HUNTER, Convener.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 18th December, 2019.
APPENDIX II
Present:-
Councillor Stewart HUNTER
Bailie Willie SAWERS
Bailie Christina ROBERTS
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 A B 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 held by Mr A B be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr A B to be the holder of a Taxi Drivers Licence. No action would be taken in relation to the Taxi Operators Licence held by Mr A B during the intervening period.
Stewart HUNTER, Convener.
APPENDIX III
BOAT HIRE LICENSING CONDITIONS
LICENSING CONDITIONS APPLICABLE TO ALL VESSELS
1. All licensed vessels will be coded to MGN 280.
2. All licence holders, when operating a vessel on the River Tay within the following area: (a line between Invergowrie and Balmerino, Fife to a latitude of 002˚ 38ʹW bounded by latitudes 002˚ 26ˊN & 002˚ 29ˊN) will comply with the Dundee Port Authority (General) Byelaws 1984.
3. The licence holder shall ensure that the maximum number of passengers to be carried in the vessel at any one time does not exceed 12.
The licence holder is reminded that the vessel should also comply with any other statutory requirements of the Department of Transport under the Merchant Shipping Acts.
4. The licence holder shall take out and maintain in force, with a reputable company, a policy of insurance with an indemnity limit not less than 5,000,000 which insures such person, persons or class of persons as may be specified in the policy in respect of any liability which may be incurred by him in respect of the death of or bodily injury to any person caused by, or arising out of, the use of the vessel, such policy to be in force at all times before undertaking the activities to which this licence relates. Any change in policy must be notified to and approved by the licensing authority and the licence holder must comply with any requirements by the licensing authority to produce his policy document.
5. The licence holder shall ensure that the registered number allocated to the vessel by the licensing authority is clearly marked or painted on the outside of each bow of the vessel in a conspicuous position in plain figures of not less than two inches in height and of a corresponding breadth. If the vessel is more than three tons, the figures shall not be less than three inches in height and of a corresponding breadth.
6. The licence holder shall ensure that the name of the licence holder and the words To carry a maximum of 12 passengers is marked or painted in a conspicuous position where it can be clearly seen by the passengers in letters and figures of not less than one inch in height and of a corresponding breadth.
7. The licence holder shall ensure that all numbers or names required by the licensing authority are kept at all times distinctly legible and must not be in any manner or by any means altered, effaced, obliterated, covered or concealed.
8. The licence holder shall ensure that the hull, and any oars, rigging, engines and mechanical equipment of the vessel be rendered at all times complete and in sound and seaworthy condition to the satisfaction of the licensing authority.
9. The licence holder shall at all times to the satisfaction of the licensing authority keep the slipways, jetties, piers and other landing places at his boat station, so far as under his control, in good and sufficient order and repair for the safe embarking of passengers.
10. The licence holder shall ensure that the vessel (other than types of small craft which the licensing authority considers should be exempt) carries a sufficient number of life jackets to BSC standard currently in force for all persons on board, including the person in charge and any other crew members.
11. The licence holder shall, to the best of his ability, ensure that the person in charge of the vessel must at all times comply with any weather warning or other instructions issued to him by the Coastguard or Harbour Master.
12. The licence holder shall not let any vessel to any person whom the licence holder considers is not fit to handle the vessel properly and would thereby be a danger to themselves or others (whether on the vessel or not).
SUPPLEMENTARY LICENSING CONDITIONS FOR SMALL CRAFT
(ROWING BOATS, DINGHIES, SKIFFS, CANOES, ETC)
1. The licence holder shall ensure that each rowing boat shall at all times be kept supplied and equipped with suitable and sufficient oars and row-locks or rowing pins, baling dish and (except skiffs) rudder with tiller or yoke and lines.
2. The licence holder shall ensure that each sailing dinghy at all times be kept supplied and equipped with all suitable and sufficient sails, spars, rudder, tackle, fittings and appliances as well as with at least two serviceable lifebuoys and a baling dish.
3. The licence holder shall ensure that each sailing dinghy carries two paddles.
SUPPLEMENTARY LICENSING CONDITIONS FOR LARGER VESSELS
1. The licence holder shall ensure that each vessel at all times when let or plying for hire be in the charge of an experienced boatman who holds a current Boatmasters licence or the appropriate commercially endorsed Royal Yachting Association (RYA) qualification and has a thorough knowledge of the weather and tidal conditions of the area in which the vessel is licensed to operate.
2. The licence holder shall ensure that the vessel carries life saving equipment and other safety equipment in accordance with the vessels coding and that it is inspected and maintained at the frequency stated in the vessels coding. A record of inspection and maintenance is to be kept by the licence holder.
3. The licence holder shall ensure that each vessel carries on deck and within easy access at least one life raft of an approved type, being capable of carrying everyone on board, including the person in charge and any other crew.
4. The licence holder shall ensure that each vessel be equipped with a siren or horn in working order and capable of giving clearly audible signals over a radius of at least 0.5 nautical miles.
5. The licence holder must ensure that each vessel is equipped with an efficient radar reflector.
6. The licence holder must ensure that a water resistant torch is carried on each vessel.
7. The licence holder must ensure that each vessel carries an efficient compass.
8. The licence holder must ensure that each vessel carries appropriate charts of the area in which the vessel is licensed to operate. If normal navigation is by electronic navigation aids, i.e. chart, plotter, current paper charts should still be carried as back up.
9. The licence holder must ensure that each vessel has fitted to it a radio capable of receiving weather forecasts.
10. The licence holder must ensure that each vessel carries a first aid kit.
ADDITIONAL REQUIREMENTS FOR VESSELS WITH ENGINES
1. The licence holder shall ensure that the vessel caries a tool kit with sufficient tools to carry out emergency repairs to the engine.
2. The licence holder shall ensure that each vessel has provision for, and carry, such emergency fuel for its engines (e.g. petrol or diesel) as required.