Licensing Sub-committee - 09/01/2020
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 9th January, 2020.
Present:-
Councillor Stewart HUNTER
Councillor Ken LYNN
Councillor George McIRVINE
Councillor Stewart HUNTER, Convener, in the Chair.
Unless marked thus * all items stand delegated.
The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.
I DECLARATION OF INTEREST
No declarations of interest were made.
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI DRIVERS LICENCE SUSPENSION HEARINGS
(i) Reference was made to Article II(a)(iii) of the minute of meeting of this Sub-Committee of 3rd October, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr J I during the currency of his Taxi Drivers Licence to this meeting of the Sub-Committee to await the outcome of court proceedings. There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr J I during the currency of his Taxi Drivers Licence. The Sub‑Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to further adjourn the hearing in relation to the alleged conduct of Mr J I during the currency of his Taxi Drivers Licence to the meeting of this Sub-Committee to be held on 26th March, 2020 to await the outcome of court proceedings.
(ii) Reference was made to Article II(a)(iv) of the minute of meeting of this Sub‑Committee of 3rd October, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M J during the currency of his Taxi Drivers Licence to this meeting of the Sub-Committee to await the outcome of court proceedings. There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr M J during the currency of his Taxi Drivers Licence. The Sub‑Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed to further adjourn the hearing in relation to the alleged conduct of Mr M J during the currency of his Taxi Drivers Licence to the meeting of this Sub‑Committee to be held on 26th March, 2020 to await the outcome of court proceedings.
(iii) Reference was made to II(a)(v) of the minute of meeting of this Sub‑Committee of 3rd October, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr J L during the currency of his Taxi Drivers Licence to this meeting of the Sub‑Committee to allow for payments to be made and a payment plan to be agreed with the Corporate Finance Division. There was submitted the original letter of information from the Corporate Finance Division relevant to the alleged conduct of Mr J L during the currency of his Taxi Drivers Licence. The Sub‑Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Sub‑Committee gave consideration to the content of the letter. Thereafter, having heard the Senior Electoral Services and Licensing Officer and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that no further action be taken.
(iv) Reference was made to Article III(b) of the minute of meeting of this Sub‑Committee of 7th November, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr B M during the currency of his Taxi Drivers Licence. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr B 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, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a written warning as to their conduct during the currency of their Taxi Drivers Licence.
(v) Reference was made to Article II(a)(vi) of the minute of meeting of this Sub‑Committee of 3rd October, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G McL during the currency of his Taxi Drivers Licence to this meeting of the Sub-Committee to await the outcome of court proceedings. There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr G McL during the currency of his Taxi Drivers Licence. The Sub‑Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed to further adjourn the hearing in relation to the alleged conduct of Mr G McL during the currency of his Taxi Drivers Licence to the meeting of this Sub-Committee to be held on 26th March, 2020 to await the outcome of court proceedings.
(vi) Reference was made to Article II(a) of the minute of meeting of this Sub‑Committee of 5th December, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr C M during the currency of his Taxi Drivers Licence. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr 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, a representative on behalf the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer the Sub-Committee agreed that no further action be taken.
(vii) Reference was made to Article II(b) of the minute of meeting of this Sub‑Committee of 3rd October, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr K R during the currency of his Taxi Drivers Licence. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr K R during the currency of his Taxi Drivers Licence. The Sub‑Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct during the currency of their Taxi Drivers Licence.
(viii) Reference was made to Article II(a)(ix) of the minute of meeting of this Sub‑Committee of 3rd October, 2019, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr W S during the currency of his Taxi Drivers Licence to this meeting of the Sub-Committee to await the outcome of court proceedings. There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr W S during the currency of his Taxi Drivers Licence. The Sub‑Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that no further action be taken.
(b) WINDOW CLEANERS LICENCE - SUSPENSION HEARING
Reference was made to Article II(a) of the minute of meeting of this Sub‑Committee of 7th November, 2019, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J S during the currency of his Window Cleaners Licence. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J S during the currency of his Window Cleaner's Licence. The Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Sub‑Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr J S during the currency of his Window Cleaners Licence to the meeting of this Sub-Committee to be held on 26th March, 2020 to await the outcome of court proceedings.
(c) TAXI DRIVERS LICENCE - REQUESTS FOR SUSPENSION HEARINGS
(i) There was submitted a letter of information from a Licensing Standards Officer relevant to the alleged conduct of Mr G K during the currency of his Taxi Drivers Licence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the alleged conduct of Mr G K during the currency of his Taxi Drivers Licence.
(ii) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A C 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 hearing be held in due course in relation to the alleged conduct of Mr A C during the currency of his Taxi Drivers Licence.
(iii) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J C 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 hearing be held in due course in relation to the alleged conduct of Mr J C during the currency of his Taxi Drivers Licence.
(d) SKIN PIERCING AND TATTOOIST LICENCE - REQUEST FOR SUSPENSION HEARING
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M D during the currency of his Skin Piercing and Tattooist 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 M D during the currency of his Skin Piercing and Tattooist Licence.
The Convener agreed that the undernoted items of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.
(e) TAXI DRIVERS LICENCE - REQUEST FOR SUSPENSION HEARING
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S Z during the currency of his Taxi Drivers Licence. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the alleged conduct of Mr S Z during the currency of his Taxi Drivers Licence.
(f) TAXI DRIVERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr L B during the currency of his Taxi Driver 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 L B be suspended with immediate effect and that a suspension hearing be held in due course in relation to the alleged conduct of Mr L B during the currency of his Taxi Drivers Licence.
Stewart HUNTER, Convener.