Licensing Committee - 07/09/2023

At a MEETING of the LICENSING COMMITTEE held remotely on 7th September, 2023.

Present:-

Deputy Lord Provost Kevin CORDELL

Bailie Christina ROBERTS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

Prior to the commencement of business, the Convener took the opportunity to pay thanks to the Head of Democratic and Legal Services for the contribution he had made in relation to processing the business of the Licensing Committee since the last formal meeting of that body.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II LICENSING SUB-COMMITTEE - RECONSTITUTION

On a reference to Article II of the minute of meeting of this Committee held on 15th June, 2017, wherein the Licensing Sub-Committee was established, there was submitted Agenda Note AN28-2023 in which the Committee was asked to reconstitute the Licensing Sub-Committee. The Terms of Reference of the Sub-Committee were:-

(i)                     to decide whether or not to suspend a licence with immediate effect on the grounds of there being a serious threat to public order or public safety and that in the event that a licence was so suspended it would only be until such time as the matter had been dealt with at a further hearing under Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982, which must be held within six weeks of the date of the initial suspension and to which all members of the Committee would be invited to attend;

(ii)                    to decide whether or not a suspension hearing should be held by the Licensing Committee following consideration and receipt of information relative to the conduct of any licence holder; and

(iii)                    to hold hearings under Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 not involving licences already subject to immediate suspension.

The Licensing Sub-Committee comprised three members of the Licensing Committee on the basis of two members of the Administration and one member of the Major Opposition Group (as far as practicable). (All representatives must be members of the Licensing Committee or trained substitutes).

The Committee agreed:-

(i)                     that the Licensing Sub-Committee be reconstituted as reported;

(ii)                    to note the Terms of Reference as indicated; and

(iii)                    to note that the Licensing Sub-Committee comprised three members of the Licensing Committee on the basis of two members of the Administration and one member of the Major Opposition Group (as far as practicable) and that all representatives must be members of the Licensing Committee or trained substitutes.

III TAXI LIAISON GROUP - RECONSTITUTION

On a reference to Article III of the minute of meeting of this Committee held on 15th June, 2017, wherein it was agreed to reconstitute the Taxi Liaison Group, there was submitted Agenda Note AN29-2023 stating that the Committee may wish to reconstitute the Taxi Liaison Group. The Terms of Reference of the Group would be to discuss issues of mutual interest to the Trade and the Council, as licensing authority, and the minutes of meetings of the Group would be submitted to the Licensing Committee for information. The Group would be prohibited from discussing individual applications for licences.

The Group could be attended by relevant officers of Dundee City Council, Police Scotland and representatives of the Taxi Trade. Elected Members on the Licensing Committee may attend meetings of the Group as observers.

The Committee agreed that the Taxi Liaison Group be reconstituted on the terms as outlined in the note.

IV MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 5th March, 2020, was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

V NOTES OF DECISIONS

This item would now be considered at the Licensing Committee meeting to be held on 5th October, 2023.

VI 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

ANIMAL BOARDING - NEW APPLICATION

LATE HOURS CATERING - NEW APPLICATIONS

MARKET OPERATOR - NEW APPLICATION - OCCASIONAL

PUBLIC ENTERTAINMENT - NEW APPLICATIONS - TEMPORARY

PUBLIC ENTERTAINMENT - NEW APPLICATIONS - FULL

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

STREET TRADER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b)                    CCTV - NEW SYSTEMS - REQUESTS FOR APPROVAL

It was reported that approval was requested for two new CCTV systems indicated above which met the specified criteria set by the Licensing Committee. The costs were at the time of purchase and these may change.

The Committee agreed to approve the two new systems.

(c)        LATE HOURS CATERING - VARIATION APPLICATION

There was submitted the undernoted application.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that a letter of objection had been received from City Development and a letter in support of the application had been received from the applicant. The Committee gave consideration to the contents of the documents and, thereafter, the Committee agreed that the application be granted, subject to the condition outlined in the letter from City Development.

(d)                    PUBLIC ENTERTAINMENT - NEW APPLICATIONS

There were submitted the undernoted applications.

The Committee gave consideration to the application and having heard from the applicant, the Legal Officer, and receiving confirmation that outstanding documents had been received, the Committee agreed that the application be granted, subject to a satisfactory Environmental Health inspection.

The Committee noted that the premises had now had a satisfactory inspection from Environmental Health and the above application had now been granted under delegated powers.

The Committee noted that comments had been received from Building Standards. Having considered the comments, the Committee agreed that the application be granted, subject to the applicant obtaining a Completion Certificate from Building Standards.

(e)                    PRIVATE HIRE DRIVER - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that the applicant had failed to submit his medical, Unique Tax Reference Number, complete an approved Taxi Driver Training SVQ Course, pass the Street Knowledge Test or name who they would be driving for within the prescribed time. Thereafter, having heard the Legal Officer, the Committee agreed that the application be considered incompetent.

(f)                     TAXI AND PRIVATE HIRE UNMET SURVEY REPORTS

It was reported that a survey to establish the level of unmet demand had been carried out by Jacobs UK Ltd. There was submitted the final report from Jacobs UK Ltd on the outcome of the survey undertaken by them to determine whether there was unmet demand for Taxis in Dundee and to determine whether significant unmet demand for taxis existed in terms of Section 10(3) of the Civic Government (Scotland) Act 1982. Specific objectives of the study were to determine:-

(i)                     whether there was any significant unmet demand for taxi services in Dundee; and

(ii)                    if significant unmet demand was found, recommend how many licences would be required to meet this.

It was further reported that an assessment of Private Hire Car numbers in the City to establish whether a state of overprovision existed had been carried out by Jacobs UK Ltd. The was submitted the final report from Jacobs UK Ltd on the outcome of the assessment undertaken by them. The main objectives addressed were:-

(i)                     determine what evidence there was of overprovision of Private Hire Cars in the Dundee City Council area;

(ii)                    if there was any evidence of Private Hire Car overprovision, to make recommendations as to the number of licences;

(iii)                    if there was evidence of Private Hire Car overprovision, to assess what level of licences would be sustainable and, therefore, whether the Council should decide to adopt a policy regarding overprovision and the number of licences beyond which the Council should refuse to issue licences under Section 10 3A of the 1982 Act;

(iv)                   research the attitude of the relevant trade with respect to introducing any cap on numbers;

(v)                    carry out independent research of public and other stakeholder attitudes on the need/support for such a cap; and

(vi)                   make relevant recommendations to amend existing Council policy or introduction of new policy.

The Committee acceded to requests for deputations to address the Committee from the following organisations:-

(i)         Unite The Union;

(ii)         Dundee City Taxi Drivers Association;

(iii)        Dundee Taxi Information Group; and

(iv)        RMT.

After the deputations had stated their case, they were thanked for their attendance. The Committee gave consideration to a written submission from Dundee Taxi Association.

The Committee gave consideration to the content of the reports and the recommendations contained, which may be adopted by the Council. Thereafter, having considered the advice or the Legal Officer, giving consideration to the deputations and written submission, and noting that the studies had identified that there was no evidence of significant unmet demand for taxis or overprovision of Private Hire Cars in Dundee and having considered the recommendations which resulted from the study, the Committee agreed that the was no unmet demand of taxis or overprovision of Private Hire Cars.

(g)                    TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that the applicant had failed to submit his medical, Unique Tax Reference Number, complete an approved Taxi Driver Training SVQ Course, pass the Street Knowledge Test or name who they would be driving for within the prescribed time. Thereafter, having heard the Legal Officer, the Committee agreed that the application be considered incompetent.

The Committee considered a written submission from the applicant. The Committee noted that the applicant had failed to submit his medical, Unique Tax Reference Number, complete an approved Taxi Driver Training SVQ Course, pass the Street Knowledge Test or name who they would be driving for within the prescribed time. Thereafter, having heard the Legal Officer, the Committee agreed that the application be considered incompetent.

(h)                    TAXI OPERATOR - CORPORATE PLATE - NEW APPLICATIONS

There were submitted the undernoted applications.

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 Graham Edwards OP226. Directors of Kash Cabs Ltd. were Graham Edwards, Muhammad Kashif Hameed and Iqra Aslam. Having given consideration to a written submission from the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to a suitable vehicle being presented for testing and the existing Taxi Licence being surrendered.

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 Neil Wallace OP213. Directors of N W 213 Ltd. were George Adams, Neil Wallace, Muhammad Ishaaq and Muhammad Awais. Having heard from the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to a suitable vehicle being presented for testing and the existing Taxi Licence being surrendered.

VII HOUSING (SCOTLAND) ACT 2006

(a)                    HOUSES IN MULTIPLE OCCUPATION - APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

(b)        HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that letters of objection had been received from members of the public relevant to the application. The Committee gave consideration to the content of the objections. Thereafter, having heard from the objectors, the Private Sector Services Manager, a representative of the Chief Constable and a representative for the applicant, the Committee agreed to grant the licence and bring this matter back to the meeting of this Committee to be held in June, 2024 for an update.

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022

(a)                    SHORT-TERM LETS - APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

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.

IX

 

(a)                    LANDLORD REGISTRATION - HEARING

 

No	Name
1	O

 

Reference was made to Article IV(a) of the notes of decisions of the meeting to consider Licensing Committee business held on 15th June, 2023, wherein it was agreed to defer the above hearing, to allow the fees for roof repairs to be paid. The Committee noted that the holder of Landlord Registration was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Private Sector Services Manager and receiving confirmation that the fee had now been paid, the Committee agreed to take no further action.

 

X HOUSING (SCOTLAND) ACT 2006

 

(a)                    HOUSES IN MULTIPLE OCCUPATION VALIDATION APPLICATIONS

 

There were submitted the undernoted applications.

 

No	Name
1	W & Q

 

Reference was made to Article V(a) of the notes of decisions of Licensing Committee business held on 15th June, 2023, wherein it was agreed to defer consideration of the application to allow for outstanding works to be completed. The Committee noted that a letter of representation had been received from the Private Sector Services Manager, and letters of objection had been received from the Chief Constable and the joint owners. The Committee gave consideration to the letter of representation and the objections. Thereafter, having heard from the Private Sector Services Manager, the objector, a representative of the Chief Constable and the applicant, the Committee agreed to grant the application, subject to the condition that a registered management agent be appointed and that the application be brought back to the meeting of this Committee to be held on 2nd November, 2023 for an update on this matter.

 

2

C B

 

Reference was made to Article IV(a) of the notes of decisions of the meeting to consider Licensing Committee business held on 25th May, 2023, wherein it was agreed to defer consideration of the application to this meeting to allow the applicant to complete outstanding works to the property and consider appointing a registered management agent. The Committee noted that a letter of representation had been received from the Private Sector Services Manager, and a letter of objection had been received from the Chief Constable. The Committee gave consideration to the letter of representation and the objection. Thereafter, having heard from the Private Sector Services Manager, the objector, a representative of the Chief Constable and the applicant, the Committee agreed to grant the application, subject to the condition that a registered management agent be appointed and that the applicant did not enter the property while tenanted.

 

XI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a)                    LATE HOURS CATERING RENEWAL APPLICATION

 

There was submitted the undernoted application.

 

No	Name
1	E C

 

Reference was made to Article III(c) of the notes of decisions of the meeting to consider Licensing Committee business held on 18th August, 2023, wherein it was agreed to defer consideration of the application to this meeting of the Committee to await the outcome of court proceedings. The Committee noted that a letter of objection had been received from the Chief Constable. The Committee gave consideration to the letter of objection. Thereafter, having heard from a representative of the Chief Constable and the applicant, the Committee agreed that the application be refused.

(b)                    TAXI DRIVERS LICENCE NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No	Name
1	H R B

 

The Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 5th October, 2023 at the request of the applicant.

 

2

K M

 

The Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 5th October, 2023 at the request of the applicant.

 

3

A Y

 

There was submitted a letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the contents of the letter. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and, after hearing the Chief Constable's representative as to their age and nature of the spent convictions, the Committee agreed that they be considered since justice could not otherwise be done. Thereafter, having heard the representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months subject to the applicant submitting all relevant documents and to bring this matter back to this Committee for an update.

 

(c)                    TAXI OPERATOR - NEW APPLICATION

 

No	Name
1	Company S

 

The Committee gave consideration to the content of the application and a written submission from the applicant. Thereafter, the Committee agreed to grant the application and remind the applicant of their future obligations as the operator of the Taxi Licence.

 

(d)                    TAXI DRIVER - SUSPENSION HEARINGS

 

No	Name
1	J B

 

Reference was made to the decision taken under delegated powers by the Head of Democratic Services and Legal Services in consultation with the Convener on 7th November, 2022 to suspend the Taxi Driver's Licence held by J B with immediate effect due to the medical fitness of J B to be the holder of a Taxi Drivers Licence. The Committee noted that J B was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Legal Officer, the Committee agreed that the hearing be adjourned to the meeting of this Committee to be held on 5th October, 2023, to allow for a report from the PAM Group to establish the medical fitness of J B to be the holder of a Taxi Drivers Licence and to continue the suspension of the Taxi Drivers Licence held by J B during the intervening period with immediate effect.

 

2

M D

 

Reference was made to the decision taken under delegated powers by the Head of Democratic Services and Legal Services in consultation with the Convener on 14th June, 2023 to suspend the Taxi Driver's Licence held by M D with immediate effect due to the medical fitness of M D to be the holder of a Taxi Drivers Licence. The Committee noted that M D was not present and agreed that the

matter be considered in their absence. Thereafter, having heard the Legal Officer, and giving consideration to a written submission from M Ds representative, the Committee agreed that the hearing be adjourned to the meeting of the Committee to be held on 5th October, 2023, to allow for a report from the PAM Group to establish the medical fitness of M D to be the holder of a Taxi Drivers Licence and to continue the suspension of the Taxi Drivers Licence held by M D during the intervening period with immediate effect.

 

3

E M

 

Reference was made to the decision taken under delegated powers by the Head of Democratic Services and Legal Services in consultation with the Convener on 17th August, 2023 to suspend the Taxi Driver's Licence held by E M with immediate effect due to the medical fitness of E M to be the holder of a Taxi Drivers Licence. The Committee noted that E M was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Legal Officer, the Committee agreed that consideration of the hearing be adjourned until the meeting of the Committee to be held on 5th October, 2023, to allow for a report from the PAM Group to establish the medical fitness of E M to be the holder of a Taxi Drivers Licence and to continue the suspension of the Taxi Drivers Licence held by E M during the intervening period with immediate effect.

 

(e)                    TAXI DRIVER - REQUEST FOR SUSPENSION HEARING

 

No	Name
1	W V

 

The Committee gave consideration to a letter of information from the Chief Constable relevant to the alleged conduct of W V during the currency of their Taxi Drivers Licence, thereafter, the Committee agreed that a hearing be held at the meeting of this Committee on 5th October, 2023 in relation to the fitness of W V to be the holder of a Taxi Drivers Licence and no further action to be taken during the intervening period.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 5th March, 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 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 - REQUESTS FOR HEARINGS

 

(i)                     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.

 

(ii)                    There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr G McG during the currency of his Taxi Driver's 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 fitness of Mr G McG to be the holder of a Taxi Drivers Licence.

 

 

 

 

Stewart HUNTER, Convener.