Licensing Committee - 05/03/2020

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th March, 2020.

 

Present:-

 

BAILIE Christina ROBERTS

 

COUNCILLORS

 

Stewart HUNTER

Alan ROSS

Margaret RICHARDSON

 

George McIRVINE

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 6th February, 2020 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 6th February, 2020 and 10th February, 2020 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

 

III MINUTES OF MEETINGS OF TAXI LIAISON GROUP

 

The minutes of meetings of the Taxi Liaison Group held on 28th October, 2019 and 27th November, 2019 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices III and IV.

 

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

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

 

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

 

BOOKING OFFICE - NEW APPLICATION

 

No

Name

Address of Premises

 

1

Mi Smart Ride Ltd

Milton Business Centre

 

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

 

No

Name

 

1

Mohammed Afzal

2

Alan J Leiper

 

PUBLIC ENTERTAINMENT - NEW APPLICATION

 

No

Name

Location

 

1

Abertay University

Bell Street (Full Licence)

 

SECOND HAND DEALER - NEW APPLICATIONS

 

No

Name

Address of Premises

 

1

AVE Electronics and TV Parts Ltd

122 City Road

2

Mohammed Sufyan Suleman

54 East Dock Street

 

STREET TRADER - NEW APPLICATION

 

No

Name

 

1

William Glassey

 

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

 

No

Name

Address of Premises

 

1

Browjam Academy Ltd

11 Douglas Court, West Hendersons Wynd

 

WINDOW CLEANER - NEW APPLICATIONS

 

No

Name

 

1

Kristopher J Allan

2

James Williamson

3

Stewart Roy

 

(b) FEES FOR LICENCES

 

There was submitted Agenda Note AN7-2020 reporting that following an exercise carried out in conjunction with the Head of Corporate Finance, it was recommended that the following fees should be charged from 1st April, 2020 in order that the Council could recover its costs. The last rise in fees was in April, 2017.

 

Application Type

Current Fee

Proposed Fee

 

NEW

RENEWAL

NEW

RENEWAL

Animal Boarding

80

80

90

90

Boat Hire

140

140

150

150

Dog Breeding

80

80

90

90

Cinema

140

140

150

150

Dangerous Wild Animals

140

140

150

150

Indoor Sports

275

275

285

285

Knife Dealer

140

140

150

150

Late Hours Catering

140

140

150

150

Market Operator (Annual)

275

275

285

285

Market Operator (Occasional)

130

-

140

-

Metal Dealer/Itinerant Dealer/Exemption Warrant

140

140

150

150

Minibus

11

-

11

-

Performing Animals

40

-

40

-

Pet Shop

80

60

90

90

Private Hire Driver

155

145

165

165

Private Hire Operator

220

220

230

230

Public Entertainment (Charitable)

0

0

No charge

 

Public Entertainment (Carnival Stall)

150

-

150

-

Public Entertainment (Full)

250-1000

255-1000

250-1000

250-1000

Riding Establishments

140

140

150

150

Second Hand Dealer

140

140

150

150

Sex Shop

275

275

285

285

Skin Piercing

140

140

150

150

Street Trader

120

120

130

130

Taxi/Private Hire Booking Office

140

140

150

150

Taxi Driver

185

175

195

195

Taxi Operator

230

230

240

240

Theatre - Annual

140

140

150

150

Theatre - Occasional

25

-

25

-

Theatre - Transfer

25

-

25

-

Theatrical Registration

10

-

10

-

Venison Dealer

80

80

90

90

Window Cleaner

120

120

130

130

 

Following discussion, the Committee agreed to the fees as outlined and that they be effective from 1st April, 2020.

 

(c) TAXI TESTING CENTRE - PROPOSED INCREASE IN TAXI AND PRIVATE HIRE TESTING FEES

 

Reference was made to Article III(j) of the minute of meeting of this Committee of 6th February, 2020, wherein it was agreed that the proposals for increase in Taxi and Private Hire Test Fees be adjourned to this meeting of the Committee to allow for further consideration of the proposals at the meeting of the Taxi Liaison Group held on 11th February, 2020.

 

There was submitted Agenda Note AN8-2020 proposing that the undernoted increases in the fees for various services carried out at the Taxi Test Centre be approved.

 

 

Current Prices

New Prices

 

Full Test

58

60

Full Electric Vehicle Test

47

49

Full Test Non Attendance

28

29

Full Test Cancellation (24hrs)

28

29

Taxi Re-Test (Non-Paintwork)

18.50

19

Taxi Re-Test Non Attendance

9

9

Taxi Re-Test Paintwork

18.50

19

Taxi Re-Test (3 Free re-test items only)

Free

Free

Pre-Test (Replacement Vehicles only)

42

43

Pre-Test Non Attendance

20.50

21

Meter Test

28

29

Taxi Plate/Special Event Disc

16

17

Duplicate Certificate

9

9

M.O.T (Taxi Testing)

9

9

M.O.T Test

54.8

54.85

Duplicate M.O.T Certificate

10

10

Full Test + Plate

74

77

Full Test + Plate + M.O.T

83

86

 

The Committee agreed to the fees as outlined.

 

(d) TAXI OPERATOR - REQUESTS FOR EXTENSIONS OF TIME TO PLACE A VEHICLE ON SERVICE

 

No

Name

 

1

Afzar Javed

2

Deanside Ltd

3

Michael Cobb

 

In the case of Application No 1, the Committee noted that a request had been received for a further 28 days extension for Taxi Operator (OP665E) to place a vehicle on service in the operation of the licence and that extensions 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 that the application be refused.

 

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 (OP622) to place a vehicle on service in the operation of the licence and that extensions had previously been granted by the Committee and under delegated powers. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

 

In the case of Application No 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 days extension for Taxi Operator (OP479) 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.

 

(e) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATIONS

 

No

Name

 

1

Sean Cabs Ltd

2

Fair Fares 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 John Cole (OP318). Directors of Sean Cabs Ltd, were John Cole and Farrukh Rashid. 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.

 

In the case of Application No 2, 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 Henry OShea (OP178). Directors of Fair Fare Cabs Ltd, were Henry OShea and Hayza Sarfraz. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

 

V HOUSING (SCOTLAND) ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION - 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

Alasdair Dickinson

Easylets Ltd

5 Daniel Place

2

Ardmuir Ltd

Ardmuir Ltd

Flats 1 to 6, Keiller Court

66 Horsewater Wynd

(6 Applications)

3

Ardmuir Ltd

Ardmuir Ltd

Flats 1 to 3, Keiller Court

4 Blinshall Street

(3 Applications)

4

Ardmuir Ltd

Ardmuir Ltd

Flats 1 to 4, Keiller Court

6 Blinshall Street

(4 Applications)

5

Ardmuir Ltd

Ardmuir Ltd

Flats 1 to 8, Keiller Court

8 Blinshall Street

(8 Applications)

6

Ardmuir Ltd

Ardmuir Ltd

Flats 1 to 6, Keiller Court,

10 Blinshall Street

(6 Applications)

7

Michael OBoyle

Easylets Ltd

Flat E, 58 Seafield Road

8

NKL Properties Ltd

Westport Property Ltd

1/2, 2 Paradise Road

9

Marketgait Property Investment Ltd

Collegiate AC Ltd

Flats (1/15, G/03, 2/15, G/01), Marketgait Apartments

2 Johnston Street (4 Applications)

10

The Iron Bridge Trust

Grant Property Solutions Ltd

1/0, 13 Pitfour Street

11

Prime Student Developments Ltd

Westport Property Ltd

Flats 1 to 4, 2 St Andrew's Lane

(4 Applications)

12

Prime Student Developments Ltd

Westport Property Ltd

Flats 1 to 4, 4 St Andrew's Lane

(4 Applications)

13

Manisha Roongta

Grant Property Solutions Ltd

2B Lambs Lane

 

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Person Responsible

Address

 

1

Stirling International Ltd

Stirling International Ltd

5 Springfield

 

2

Alasdair Dickinson

Easylets Ltd

29 Larch Street

 

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. A copy of the Overprovision Report was also submitted. The Committee gave consideration to the content of the documentation.

Thereafter, having heard the Private Sector Services Manager, 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 condition that the property not be let for occupancy until the works as specified in the letter be completed to the satisfaction of the Private Sector Services Unit.

 

In the case of Application No 2, the Committee noted that a letter of representation had been received from the Private Sector Services Manager relevant to this application. A copy of the Overprovision Report was also submitted. The Committee gave consideration to the content of the documentation. Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the condition that the property not be let for occupancy until the works as specified in the letter be completed to the satisfaction of the Private Sector Services Unit.

 

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

 

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee of 10th February, 2020, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr J B with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr J B 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 J 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 adjourn the hearing in relation to the alleged conduct of Mr J B during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 3rd September, 2020, to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr J B during the intervening period with immediate effect and that should any application for renewal of the Taxi Drivers Licence held by Mr J B be received, that this also be submitted to that meeting of the Committee for consideration.

 

(ii) Reference was made to Article VI(c) of the minute of meeting of this Committee of 9th January, 2020, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr A B during the currency of his Taxi Drivers Licence and Taxi Operators 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 A B 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 A B during the currency of his Taxi Drivers Licence and Taxi Operators Licence. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard 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 A B during the currency of his Taxi Drivers Licence and Taxi Operators Licence to the meeting of this Committee to be held on 26th March, 2020, to allow for information from the police investigation to be submitted and to continue the suspension of the Taxi Drivers Licence held by Mr A B during the intervening period with immediate effect. No action would be taken in relation to the Taxi Operators Licence held by Mr A B during the intervening period.

 

(iii) Reference was made to Article II(a) of the minute of meeting of this Committee of 10th February, 2020, wherein it was agreed to further adjourn the hearing in relation to the fitness of Mr R B to be the holder of a Taxi Drivers Licence to this meeting of the Committee in relation to the second matter as narrated in the letter of information from the Chief Constable, to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr R B during the intervening period with immediate effect. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J 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, a Licensing Standards Officer 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 J B during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 30th April, 2020, and to continue the suspension of the Taxi Drivers Licence held by Mr J B during the intervening period with immediate effect and that the licence holder be referred to the PAM Group (or other suitable medical provider) to allow for an assessment to be undertaken in relation to their medical fitness to be the holder of a Taxi Drivers Licence.

 

(iv) Reference was made to Article II(a) of the minute of meeting of this Committee of 5th December, 2019, wherein it was agreed to adjourn the suspension hearing in relation to the fitness of Mr D C to be the holder of a Taxi Drivers Licence to this meeting of the Committee and to continue the suspension of the Taxi Drivers Licence held by Mr D C during the intervening period with immediate effect. There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D C during the currency of his Taxi Drivers Licence . Thereafter, having heard the representative of the Chief Constable, an agent on behalf of the licence holder 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 D C during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 26th March, 2020, to establish the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence and Taxi Operators Licence held by Mr D C during the intervening period with immediate effect.

 

(v) Reference was made to the decision taken under delegated powers by the Head of Democratic and Legal Services, in consultation with the Convener on 28th November, 2019, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr J W 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 J W to be the holder of a Taxi Drivers Licence. There was submitted a medical assessment which had been undertaken by the PAM Group. The Committee gave consideration to the content of the document. Thereafter, having heard 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 J W with immediate effect for an 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.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 6th February, 2020.

 

APPENDIX I

Present:-

 

Councillor Stewart HUNTER

Bailie Christina ROBERTS

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 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 - REQUEST FOR HEARING

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C C during the currency of his Taxi Driver's 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 fitness of Mr C C to be the holder of a Taxi Driver's Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 10th February, 2020.

 

APPENDIX II

 

Present:-

 

Councillor Stewart HUNTER

Bailie Christina ROBERTS

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 ground that it involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

 

I DECLARATION OF INTEREST

 

No declarations of interest were made.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J B during the currency of his Taxi Drivers Licence.

 

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

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 28th October, 2019.

 

APPENDIX III

 

Present:-

 

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

 

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

Brian WOODCOCK (Senior Solicitor, Licensing), Corporate Services

Fraser CRICHTON (Assistant Transport Manager), City Development

Barry RODGER (Senior Environmental Compliance Officer), Neighbourhood Services

Daniel GARVEN (Licensing Standards Officer), Neighbourhood Services

Bryan COLEMAN (Licensing Standards Officer), Neighbourhood Services

 

POLICE SCOTLAND REPRESENTATIVES

 

Robyn JAMIESON (Police Officer), Police Scotland (Tayside Division)

Cammy FORBES (Police Officer), Police Scotland (Tayside Division)

 

TAXI TRADE REPRESENTATIVES

 

Peter MARR, City Cabs Dundee 505050 Limited

Qaiser HABIB, Dundee City Taxi Drivers Association

Umer KHAN (for Mohammed Hashmi), Dundee City Taxis

Ryan TODD, Dundee Electric Taxi Association

Graeme STEPHEN, Dundee Taxi Association

Willie LEES, RMT Union (Dundee)

Shaun OVENSTONE, Dundee Taxi Information Group

 

Also in attendance:

 

David MURTAGH, Systra

Tom STIRLING, Head of Community Safety and Protection

Councillor George McIRVINE, Dundee City Council (as an observer)

 

Lisa ARCHIBALD and Barry RODGER, in the Chair

 

I MINUTE OF PREVIOUS MEETING

 

The minute of meeting of the Taxi Liaison Group held on 19th March, 2019? Is this date correct was submitted and noted for information and record purposes.

 

II DUNDEE CITY COUNCIL

 

Item on agenda at request of Dundee City Council:-

 

(a) DUNDEE LOW EMISSION ZONE CONSULTATION

 

Reference was made to Article II of the minute of meeting of the Community Safety and Public Protection Committee of 30th September, 2019, wherein it was agreed that the Executive Directors of Neighbourhood Services and City Development be remitted to progress with the public consultation and stakeholder engagement on potential design options for the introduction of a Low Emission Zone in Dundee.

There was submitted Joint Report No 325-2019 by the Executive Director of Neighbourhood Services which was submitted to the aforementioned meeting of 30th September, 2019 which provided an update on behalf of Neighbourhood Services and City Development on the development of a Low Emission Zone (LEZ) for Dundee including the process undertaken to identify potential LEZ options for stakeholder and public engagement and a detailed timeframe for further engagement including public consultation and continued stakeholder engagement on potential design options for the introduction of a LEZ in Dundee.

 

David Murtagh of Systra and Tom Stirling, Head of Community Safety and Protection who were the appointed consultants, gave a presentation on possible proposals for a Low Emission Zone.

 

Following discussion, the Group agreed:-

 

(i) to note the content of the report;

 

(ii) to note the content of the presentation;

 

(iii) to note the ongoing consultation exercise; and

 

(iv) to note that the Taxi Trade and members of the public had the opportunity to respond to the public consultation in respect of Low Emission Zone, should they so wish and that this could be accessed on the website of Dundee City Council.

 

The Group further agreed:-

 

(v) to note that should a Low Emission Zone be put in place in Dundee that in terms of emissions those vehicles to Euro 4 petrol or Euro 6 diesel had been specified by the Scottish Government as compliant with emissions;

 

(vi) to note awareness raising of proposals would be undertaken including preparation and issue of one page information leaflet at licence renewal stage to allow licence holders to be aware of issues in advance of any financial outlay for any vehicle to be used in operation of licence;

 

(vii) to note that the website of DVLA allowed for check on emissions compliance of a vehicle through offering a search using car registration;

 

(viii) to note that information would also be placed on the website of Dundee City Council to advise licence holders on proposals and implications for types of vehicles to be used in operation of licence;

 

(ix) to note that Lisa Archibald would issue link to report and consultation and guidance at renewal stage directing interested parties to the website for further information;

 

(x) to note that Fraser Crichton would arrange for information to be clearly displayed in the garage and for operators and drivers to be made aware of proposals verbally and through the provision of a leaflet when submitting their vehicle for test and would also place information on video screen at reception;

 

(xi) to note that manufacturers such as Cabs Direct could also have a role to play in emissions by adapting and providing vehicles to be compliant for use with engines decided by Scottish Government which were emissions compliant;

 

(xii) to note that the Taxi Trade representatives on the Taxi Liaison Group would welcome involvement and further participation in proposals for Low Emission Zone as they were developed;

 

(xiii) to note that as indicated by Fraser Crichton that the current make-up of the Taxi Fleet was 50/50 emissions compliant;

 

(xiv) to note that Tom Stirling was looking to secure funding from Transport Scotland to examine what could be done to improve the flow of traffic in Dundee which may assist with limiting emissions in areas;

 

(xv) to note that individual local authorities would have the power to determine level of fines for breach of Low Emission Zones and that this may mean the first offence being at a certain level and increasing fines for successive offences;

 

(xvi) to note that to date approximately 600 responses to survey had been received and that a press release had been issued which may generate further submissions;

 

(xvii) to note that in terms of emissions, the Trade had made observations that they considered that removal of bus stops were contributing to emissions problems and obstructions to flow of traffic due to buses sticking out on to the road and that Tom Stirling indicated he was not aware of issue but would advise City Development of their concern for investigation.

 

III DATE OF NEXT MEETING

 

The Group noted that the next meeting of the Taxi Liaison Group would be held in due course.

 

 

 

 

Lisa ARCHIBALD and Barry RODGER, Joint Chairs.

 

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 27th November, 2019.

 

APPENDIX IV

 

Present:-

 

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

 

Kenny McKAIG (Legal Manager), Corporate Services

Fraser CRICHTON (Assistant Transport Manager), City Development

Barry RODGER (Senior Environmental Compliance Officer), Neighbourhood Services

Daniel GARVEN (Licensing Standards Officer), Neighbourhood Services

Bryan COLEMAN (Licensing Standards Officer), Neighbourhood Services

 

TAXI TRADE REPRESENTATIVES

 

Peter MARR, City Cabs Dundee 505050 Limited

Qaiser HABIB, Dundee City Taxi Drivers Association

Mohammed HASHMI, Dundee City Taxis

Ryan TODD, Dundee Electric Taxi Association

Graeme STEPHEN, Dundee Taxi Association

Shaun OVENSTONE, Dundee Taxi Information Group

Shaun BARCLAY, Handy Taxis

Willie LEES, RMT (Dundee)

Charlie DUTHIE, Tay Taxis

John CURRAN, Unite The Union

 

Also in attendance:-

 

Councillor George McIRVINE, Dundee City Council (as an observer).

 

Barry RODGER, in the Chair.

 

I DUNDEE CITY COUNCIL

 

Items on agenda at request of Dundee City Council:-

 

(a) VEHICLE TESTING FEES

 

There was submitted a table indicating the proposed increase in taxi and private hire testing fees.

 

Following discussion, the Group agreed to the proposals as detailed and that consideration be given for any proposals in relation to taxi fares to run concurrently on a financial year basis. The Group also noted that the current pass rate for vehicles being presented to the testing centre was that 50% passed first time and the importance of licence holders maintaining their vehicles to a satisfactory standard was highlighted.

 

(b) A5 DRIVER ID CARD

 

Barry Rodger spoke to proposals in relation to the introduction of an A5 driver ID card to be placed in the windscreen area of taxis and private hire vehicles. It was estimated that the cost of introduction would be 5 additional charge on renewal of licence. The benefits and reassurance that display of a driver ID card within a vehicle may offer to members of the public were highlighted.

 

Following discussion, the Group agreed to note that officers would further examine this proposal in relation to potential size of the card, the location within the vehicle, the cost of introduction and whether or not the conditions of licence may need to be amended.

 

(c) CCTV IN ALL TAXIS/PRIVATE HIRE CARS

 

The Group agreed to note that, in the absence of representation from Police Scotland, this matter be deferred to a future meeting of the Group and that although there was indication from representatives of the Trade that there may be no objections to the compulsory introduction of this, it would be worthwhile looking at whether or not funding could be obtained.

 

II DUNDEE CITY TAXI DRIVERS ASSOCIATION

 

Items on agenda at request of Dundee Taxi Driver's Association:-

 

(a) "Electric Wheel Chair Accessible Taxi Licences should be granted to cover the demand of Disabled people. Rather than keep issuing Private Hire Taxi Operator Licences. Private Hire Licences got to be capped or allowed without any restriction."

 

Graeme Stephen spoke to this item of business.

 

Following discussion, the Group agreed to note that the current demand survey would be submitted to a meeting of the Licensing Committee on 5th December, 2019 and that, following Scottish Government amendment to legislation and guidance on private hires, the following year's survey would also include demand for Private Hire car vehicles.

 

(b) "Most of Traffic Bollard's concrete base are not visible at all, that is very dangerous for drivers and public. These must be properly painted and visible with reflector tapes etc."

 

Following discussion, the Group agreed to note that it would be helpful for specific instances to be reported to the Council to allow for areas of concern to be highlighted and, in the meantime, the matter raised in relation to Perth Road in front of the Invercarse Hotel would be passed on to City Development for comment.

 

(c) "Drivers who do not pay their arrears i.e. weekly rent, access or any damages to any operator, their licences should not be renewed or suspended until they clear off their dues."

 

Following discussion, the Group agreed to note that this would be considered a civil matter for recourse through the court. However, it was noted that taxi operators could employ drivers on a day to day basis rather than weekly should they have any concerns about potential non-payment.

 

(d) "Taxi Liaison Group meeting dates should be fixed annually, either 3 or 4 meetings, if required more can be arranged as on short notice."

 

Following discussion, the Group agreed to note that the Senior Licensing and Electoral Services Officer was looking at the potential programme for meetings of the Taxi Liaison Group over 2020 and their frequency commencing with a potential meeting date being established in January 2020.

 

(e) "Commercial Street could be allowed to use taxis all week same as buses. A&E Ninewells Hospital no entry sign must be allowed to taxis as well."

 

Following discussion, the Group agreed to note that this matter would be submitted to City Development for their comment.

 

(f) "Electric taxis should continue to avail free parking facility in Council's car parking.

 

Following discussion, the Group agreed to note that Fraser Crichton would bring forward proposals on the charging structure to a meeting of the Liaison Group to be held in the new year.

III DUNDEE TAXI ASSOCIATION

 

Items on agenda at request of Dundee Taxi Association:-

 

(a) "TAXI FARES."

 

Graeme Stephen spoke to the above item and, following discussion, the Group agreed to note the suggestion that taxis should be positioned facing out of the Cowgate at the Farmfoods area if the cycle lane was to be discontinued.

 

(b) "WE FEEL STILL NOT ENOUGH ENFORCEMENT."

 

Following discussion, the Group agreed to note that, should the Trade representatives feel that the current dress code was not stringent enough, representations could be made to the Licensing Committee.

 

(c) "TIME BEING ALLOWED TO PUT E/V ON WHEN FORMING A COMPANY.

 

Following discussion, the Group agreed to note the observations in relation to this matter that a vehicle should be obtained before applying for a corporate licence.

 

IV RMT, DUNDEE

 

Items on agenda at request of RMT, Dundee:-

 

(a) "CAP ON PRIVATE HIRE."

 

The Group agreed to note that this matter had already been covered.

 

(b) "lSOS - THERE IS NO POLICING IN THE TRADE. THIS ALSO COULD BE LINKED TO CCTV."

 

The Group agreed to note that this matter had already been covered.

 

(c) "EXPLAIN SCHOOL KIDS IN TAXI AND P/H."

 

Following discussion, the Group agreed to note that taxi drivers could choose to refuse to take a child as a passenger if they were not escorted by an appropriate adult in relation to school contract work.

 

(d) "VARIATIONS I.E. HAS THIS BEEN REPLACED BY EXEMPTIONS.

 

Following discussion, the Group agreed to note the legal position that the two types of applications are separate matters dealt with under the Equality Act 2010. An application can be made for either matter depending upon the indiivdual circumstances of the licence holder.

 

V UNITE THE UNION

 

Items on agenda at request of Unite the Union:-

 

(a) Future Taxis Tariff Reviews

 

"The present system is antiquated and should be replaced with a formula that reflect our actual costings of cars, fuel i.e. Diesel Petrol Gas and Electricity, Servicing, repairs, Tyres etc. If we follow the example of Edinburgh Council and move away from yardage to metres then we could also have a tariff going up in a rounded figure i.e. 5, 10 or 20 pence, it is easier to have a percentage increase if it goes up on a distance in metres.

If the Trade wish to stay with the yardage system then move away from 1/10 of a mile and lowering this figure this would also allow us to round up or down the fare, the fare doesnt have to round up or down to an exact mile, it only has to inform the public what the costings are for each yardage the taxi tariff is partitioned into."

 

Following discussion, the Group agreed to note that this matter had been covered on the agenda.

 

(b) "It was agreed at an earlier licensing meeting to allow taxi drivers to ask for an estimated fare prior to commencement of their journey, unfortunately drivers feel that to ask this of a customer is quite embarrassing. Due to a rise in unpaid hires, our members have asked for it to become part of our licensing condition that all taxis display signage of some sort stating that (estimate of fare before journey starts) or alternate wording to that affect. This would show uniformity, this would only be asked of certain passengers and would be a big discouragement and deterrent to the type of passenger who falls into this category."

 

Following discussion, the Group agreed to note that Barry Rodger would raise this matter with Lisa Archibald when the new fare charges were proposed to come into place.

 

(c) "All private hire carrying their companys logo, phone number or advertising, the word Private Hire should be underneath in the same size of text or larger than the logo, phone number or advert. These vehicles look more like taxis because of the size of what is being displayed.

 

Following discussion, the Group agreed to note concerns raised by representatives and that this matter would be brought to the attention of Licensing Standards Officers with Angus Council and also Police Scotland.

 

(d) "Company and partnership licence to be granted to any taxi operator. If the operator puts on a vehicle that meets the Low Emission Zone requirements proposed for Dundee the operator should have the same option as an electric vehicle operator."

 

Following discussion, the Group agreed to note the differences between the vehicles as explained by Fraser Crichton.

 

(e) "Hologram like on the taxi/private hire plate to be part of the new taxi badge to eradicate fraudulant badges from coming into circultion."

 

Following discussion, the Group agreed to note that Barry Rodger would raise this matter with Lisa Archibald.

 

 

 

 

Barry RODGER, Chair.