Licensing Committee - 07/12/2023

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

Present:-

Depute Lord Provost Kevin CORDELL

Bailie Christina ROBERTS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor McIrvine declared an interest in relation to the item of business at Article X(e) of this minute by virtue of having a personal involvement in the matter and took no part in the proceedings and withdrew from the meeting during its consideration.

II HOUSING (SCOTLAND) ACT 2006 - ITEMS DECIDED UNDER DELEGATED POWERS

The Committee agreed to note the undernoted items:-

(a) HOUSES IN MULTIPLE OCCUPATION (FEES)

(i) 2020

HMO Fees required to be reviewed to take into account any changes in the cost of providing this service. Scottish Government Statutory Guidance indicated that fees charged in relation to a licensing regime must be reasonable and proportionate to, but not exceed the costs of all the procedures required to carry out this function. A periodic review, at the discretion of the local authority, should be sufficient for the purposes of reviewing costs and setting fee levels. The opportunity was also taken to consolidate the fee scale into a single fee scale whether an application is a New or Validation application. This reflected the similarity in workload between processing new and Validation applications. This approach would increase the number of re-inspections carried out in respect of a Validation application from 1 to 2, in line with the approach to New applications.

The revised fee scale, which came come into force on 29th June, 2020, was as follows:-

The fee for each occupancy level was two parts, the basic fee and an additional fee charged for each individual additional inspection over and above the maximum number of inspection visits indicated in the Guidance Notes and Standards for Shared Accommodation. Additional Inspection fees would only be raised where an excess number of inspections were required.

Variations

Where an applicant/licence holder wished to vary his/her licence/licence application as a result of a proposed change in occupancy level, a change of day-to-day manager, or as a result of a physical change to the layout of the property, an application would be required to enable a new licence to be granted. A reduced application fee would apply, as indicated below:-

Refusal or Withdrawal of an Application

Where a licence was refused or withdrawn prior to being referred to the Licensing Committee, the applicant would be eligible for a refund of 210 on the application fee.

In view of the timescales involved, this report was approved by the Chief Executive in consultation with the Convener of the Licensing Committee, Labour Group Spokesperson, Conservative Group Spokesperson, Liberal Democrat Group Spokesperson, the Independent Member and the Lord Provost.

(ii) 2021

HMO Fees required to be reviewed to take into account any changes in the cost of providing this service. Scottish Government Statutory Guidance indicated that fees charged in relation to a licensing regime must be reasonable and proportionate to, but not exceed, the costs of all the procedures required to carry out this function. A periodic review, at the discretion of the local authority, should be sufficient for the purposes of reviewing costs and setting fee levels.

The revised fee scale, which came into force with immediate effect, was as follows:-

The fee for each occupancy level was two parts, the basic fee and an additional fee charged for each individual additional inspection over and above the maximum number of inspection visits indicated in the Guidance Notes and Standards for Shared Accommodation. Additional Inspection fees would only be raised where an excess number of inspections were required.

Variations

Where an applicant/licence holder wished to vary his/her licence/licence application as a result of a proposed change in occupancy level, a change of day-to-day manager, or as a result of a physical change to the layout of the property, an application would be required to enable a new licence to be granted. A reduced application fee would apply, as indicated below:-

Refusal or Withdrawal of an Application

Where a licence was refused or withdrawn prior to being referred to the Licensing Committee, the applicant would be eligible for a refund of 215 on the application fee.

In view of the timescales involved, this report was approved by the Chief Executive in consultation with the Convener of the Licensing Committee, Labour Group Spokesperson, Conservative Group Spokesperson, Liberal Democrat Group Spokesperson, the Independent Member and the Lord Provost.

(iii) 2022

HMO Fees required to be reviewed to take into account any changes in the cost of providing this service. Scottish Government Statutory Guidance indicated that fees charged in relation to a licensing regime must be reasonable and proportionate to, but not exceed the costs of all the procedures required to carry out this function. A periodic review, at the discretion of the local authority, should be sufficient for the purposes of reviewing costs and setting fee levels.

The proposed revised fee scale, which came into force with immediate effect, was as follows:-

The fee for each occupancy level was two parts, the basic fee and an additional fee charged for each individual additional inspection over and above the maximum number of inspection visits indicated in the Guidance Notes and Standards for Shared Accommodation. Additional Inspection fees would only be raised where an excess number of inspections were required.

Variations

Where an applicant/licence holder wished to vary his/her licence/licence application as a result of a proposed change in occupancy level, a change of day-to-day manager, or as a result of a physical change to the layout of the property, an application would be required to enable a new licence to be granted. A reduced application fee would apply, as indicated below:-

Refusal or Withdrawal of an Application

Where a licence was refused or withdrawn prior to being referred to the Licensing Committee, the applicant would be eligible for a refund of 225 on the application fee. The current refund amounted to 215.

In view of the timescales involved, this report was approved by the Chief Executive in consultation with the Convener of the Licensing Committee, Labour Group Spokesperson, Liberal Democrat Group Spokesperson and the Scottish Conservative and Unionist Party Member.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - ITEMS DECIDED UNDER DELEGATED POWERS

The Committee agreed to note the undernoted items:-

(a) FARES FOR HIRE OF TAXIS ANNUAL REVIEW 2022

It was reported that in terms of the agreed formula, the proposed increase using transport indices was 3.27% which brought about the following changes to the tariffs which were recommended for approval. The new scales would take effect from 1st March, 2022. The undernoted increases in fares would apply to the initial charge and the mileage rates.

- Tariff 1 (daytime) 3.20 increasing to 3.40 and each additional 1/10th of a mile to increase from 17p to 18p.

- Tariff 2 (weekday evenings) 3.52 increasing to 3.74 and each additional 1/10th of a mile to increase from 19p to 20p.

- Tariff 3 (weekend evenings) 3.84 increasing to 4.08 and each additional 1/10th of a mile to increase from 20p to 22p.

- Tariff 4 (festive period) 4.48 increasing to 4.76 and each additional 1/10th of a mile to increase from 24p to 25p.

- For each passenger carried in excess of the first passenger a charge would increase from 40p to 50p.

In view of the timescales involved, this report was approved by the Chief Executive in consultation with the Convener of the Licensing Committee, Labour Group Spokesperson, Conservative Group Spokesperson, Liberal Democrat Group Spokesperson, the Independent Members and the Lord Provost.

(b) TAXI TESTING CENTRE - PROPOSED INCREASE IN TAXI AND PRIVATE HIRE TESTING FEES 2023

The undernoted increases in the fees for various services carried out at the Taxi Test Centre were submitted for approval.

Dundee City Councils Corporate Fleet Department tested all the Citys licensed taxis to ensure all vehicles were being maintained to high standard of roadworthiness and fit to be for use as a taxi, private hire car, special events or airport transfer vehicle. The testing station had also offered an MOT as an option to the taxi trade which was completed in tandem with the taxi test. This was not an obligatory requirement for the taxi test and would be withdrawn from 1st April, 2023.

Letters of Representation were received from Graeme Stephen of Dundee Taxi Association, Chris Elder of Unite the Union, Qaiser Habib of Dundee City Taxi Drivers Association and Willie Lees of RMT Dundee.

In view of the timescales involved, this Agenda Note was approved by the Executive Director of City Development in consultation with the Convener of the Licensing Committee, Labour Group Spokesperson, Liberal Democrat Group Spokesperson and the Scottish Conservative and Unionist Party Member.

(c) FEES FOR LICENCES 2023

Following an exercise carried out in conjunction with the Head of Finance, it was reported that the following fees should be charged from 1st April, 2023 in order that the Council could recover its costs. The last rise in fees was in April, 2020.

Letters of Representation were received from Graeme Stephen of Dundee Taxi Association, Chris Elder of Unite the Union, Qaiser Habib of Dundee City Taxi Drivers Association and Willie Lees of RMT Dundee.

In view of the timescales involved, this Agenda Note was approved by the Executive Director of Corporate Services in consultation with the Convener of the Licensing Committee, Labour Group Spokesperson, Liberal Democrat Group Spokesperson and the Scottish Conservative and Unionist Party Member.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982, (LICENSING OF SHORT-TERM LETS) ORDER 2022 -ITEM DECIDED UNDER DELEGATED POWERS

(a) SHORT-TERM LETS LICENSING SCHEME

The Committee agreed to note the undernoted item of business.

There was submitted Report No 341-2022 by Executive Director of Neighbourhood Services seeking approval of the Councils Short-Term Let Licensing Scheme and to remit the Executive Director of Neighbourhood Services to implement the policy accordingly.

In view of the timescales involved, this report was approved by the Executive Director of Corporate Services in consultation with the Convener of the Licensing Committee, Labour Group Spokesperson, Liberal Democrat Group Spokesperson and the Scottish Conservative and Unionist Party Member.

V MINUTE OF MEETING OF TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 11th February, 2020, attached as Appendix I, was submitted and noted for information and record purposes.

VI 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.

PRIVATE HIRE OPERATOR - NEW APPLICATION

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

(b) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that the Certificate of Compliance had been received and the application granted under delegated powers.

(c) TAXI OPERATOR - CORPORATE PLATE - 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 a written submission had been received. The Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the application, subject to a vehicle being tested.

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

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 gave consideration to the request. Thereafter, having heard from the Legal Officer, the Committee noted that the applicant now had a vehicle on service.

The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and a representative for the applicant, the Committee agreed to grant the request for a further extension to 31st January, 2024.

The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and a representative for the applicant, the Committee agreed to grant the request for a further extension to 31st January, 2024.

The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and a representative for the applicant, the Committee agreed to grant the request for a further extension to 31st January, 2024.

The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and a representative for the applicant, the Committee agreed to grant the request for a further extension to 31st January, 2024.

The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and a representative for the applicant, the Committee agreed to grant the request for a further extension to 31st January, 2024.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that a written submission had been received from the applicant. The Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the request until 29th February, 2024.

Having heard from the Legal Officer, the Committee noted that the Taxi Operators Licence had been surrendered.

VII HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There were submitted the undernoted applications.

The Committee noted that a letter of representation had been received from the Private Sector Services Manager. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, Private Sector Services Manager and the agent for the applicant the Committee agreed to grant the 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 representation had been received from the Private Sector Services Manager. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer and the Private Sector Services Manager, the Committee agreed to grant the application.

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

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

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

(b) SHORT-TERM LETS - NEW APPLICATIONS

There were submitted the undernoted applications.

The Committee noted that a letter of representation had been received from the Private Sector Services Manager. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, Private Sector Services Manager and an agent for the applicant, the Committee agreed to grant the application, subject to outstanding works being completed within one month.

The Committee noted that three letters of objection had been received from members of the public and a written submission had been received from the applicant. The Committee gave consideration to the content of the letters of objection and the written submission. Thereafter, having heard from the Legal Officer, Private Sector Services Manager and the applicant, the Committee agreed to grant the application, but to bring it back to the meeting of this Committee to be held on 13th June, 2024 for an update.

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 HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - REVOCATION HEARING

Reference was made to Article VI(a) of the minute of meeting of this Committee held on 2nd November, 2023, where it was agreed to adjourn consideration of this matter to the meeting of the Committee. The Committee noted that written submissions had been received from the applicants. The Committee gave consideration to the written submissions. Thereafter, having heard from the Legal Officer, Private Sector Services Manager and the applicant, the Committee agreed to adjourn consideration of this matter to the meeting of this Committee to be held on 11th January, 2024 to allow a third-party agent to be appointed.

X ANTI-SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004 - LANDLORD REGISTRATIONS

(a) LANDLORD REGISTRATIONS - HEARINGS

Reference was made to Article VII(a) of the minute of meeting of this Committee held on 5th October, 2023, where it was agreed to adjourn consideration of the hearing to allow for inspection of the outstanding properties and for outstanding documentation to be submitted. The Committee noted that a letter of observation had been received from Private Sector Services, a letter of information had been received from the Chief Constable, a letter of support, tenant surveys and written submissions had been received from the applicant. The Committee gave

consideration to these documents. Thereafter, having heard from the Legal Officer, Chief Constables representative, Private Sector Services Manager and B W, the Committee agreed that B W was no longer a fit and proper person to hold a Landlord Registration. The Committee further agreed to remove B W from the Landlord Register. Councillor Malone intimated his dissent from the foregoing decisions.

Reference was made to Article VII(a) of the minute of meeting of this Committee held on 5th October, 2023, where it was agreed to adjourn consideration of the hearing to allow for inspection of the outstanding properties and for outstanding documentation to be submitted. The Committee noted that a letter of observation had been received from Private Sector Services, a letter of information had been received from the Chief Constable, a letter of support and tenant surveys had been received from the applicant. The Committee gave consideration to these documents. Thereafter, having heard from the Legal Officer, Chief Constables representative, Private Sector Services Manager and a representative on behalf of Company S, the Committee agreed that Company S was no longer a fit and proper person to hold a Landlord Registration. The Committee further agreed to remove Company S from the Landlord Register. Councillor Malone intimated his dissent from the foregoing decisions.

Reference was made to Article VII(a) of the minute of meeting of this Committee held on 5th October, 2023, where it was agreed to adjourn consideration of the hearing to allow for inspection of the outstanding properties and for outstanding documentation to be submitted. The Committee noted that a letter of observation had been received from Private Sector Services, a letter of information had been received from the Chief Constable, and written submissions had been received from the applicant. The Committee gave consideration to these documents. Thereafter, having heard from the Legal Officer, the Chief Constables representative, Private Sector Services Manager and a representative on behalf of Y S, the Committee agreed that Y S was no longer a fit and proper person to hold a Landlord Registration. Councillor Malone abstained from the decision. The Committee further agreed to remove Y S from the Landlord Register. Councillor Malone intimated his dissent from the foregoing decisions.

XI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PUBLIC ENTERTAINMENT - NEW APPLICATIONS - FULL

There were submitted the undernoted applications.

The Committee noted that a letter of representation had been received from the Chief Constable. Having heard from the Legal Officer and a representative of the Chief Constable, the Committee noted that the letter of representation had been withdrawn. Thereafter, the Committee agreed to grant the licence.

The Committee noted that the applicant was not in attendance. Having heard from the Legal Officer, the Committee agreed to adjourn consideration of this matter to the meeting of this Committee to be held on 11th January, 2024 to allow the applicant to attend.

(b) TAXI DRIVER - MEDICAL EXEMPTION CERTIFICATE

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 written submission had been received from the applicant. The Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the application.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

The Committee noted that a letter of representation had been received from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Chief Constables representative and the applicant, the Committee agreed to grant the application, subject to the applicant passing the Street Knowledge Test and providing a Unique Tax Reference Number, Medical Certificate and SVQ Certificate.

The Committee noted that a letter of representation had been received from the Chief Constable. The Committee noted that a written submission had been received from the applicant. The Committee gave consideration to the content of the letter of objection and written submission. Thereafter, having heard from the Legal Officer and an agent of behalf of the applicant, the Committee agreed to adjourn consideration of this matter to the meeting of this Committee to be held on 25th April, 2024.

The Committee noted that a letter of objection had been received from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Chief Constables representative and the applicant, the Committee agreed that the application be refused.

(d) TAXI DRIVER'S LICENCE - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

Reference was made to Article VII(c) of the minute of meeting of this Committee held on 2nd November, 2023, where it was agreed to adjourn consideration of the application to this meeting of the Committee to await the outcome of court proceedings. The Committee noted that a letter of representation had been received from the Chief Constable. Having heard from the Chief Constables representative that the letter of representation had been withdrawn, the Committee agreed to grant the application.

Reference was made to Article VIII(h) of the minute of meeting of this Committee held on 5th October, 2023. The Committee noted that this application had been remitted back for re-consideration by the Sheriff. The Committee noted that a letter of objection had been received from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Chief Constables representative and an agent on behalf of the applicant and reviewing CCTV, it was agreed that the application be refused.

(e) TAXI OPERATOR - REQUEST FOR VARIATION

There was submitted a request for variation from J D in relation to his Taxi Operator's Licence. The Committee gave consideration to the grounds of the application, together with supporting information, submitted from the applicant's General Practitioner. Thereafter, having heard from the Legal Officer and the applicant, the Convener, seconded by Councillor Smith, moved that the request for variation be refused.

As an amendment, Councillor Coleman, seconded by Depute Lord Provost Cordell, moved that the request for variation be granted.

On a division, there voted for the motion - the Convener, Councillor Smith and Bailie Roberts (3); and for the amendment - Depute Lord Provost Cordell, Councillor Coleman, Councillor Finnegan and Councillor McIrvine (4) - Councillor Malone being absent when the vote was taken - whereupon the motion was declared carried and the request for variation granted.

(f) TAXI OPERATOR - RENEWAL APPLICATION - UPDATE

Reference was made to Article III(f) of note of decisions taken under delegated powers by the Head of Democratic and Legal Services, in consultation with the Convener of the Licensing Committee, on 18th August, 2023. The Committee noted that no payment plan was in place. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed to adjourn consideration of this matter to the meeting of this Committee to be held on 13th June, 2024 for a further update.

(g) TAXI DRIVER - REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Committee agreed that a hearing to consider A Qs fitness to hold a Taxi Drivers Licence be held at the meeting of the Licensing Sub-Committee to be held on 11th January, 2024.

(h) TAXI DRIVER AND TAXI OPERATOR - REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from the Licensing Standards Officer. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Committee agreed that a hearing to consider Q Hs fitness to hold Taxi Driver and Operator Licences be held at the meeting of the Licensing Sub-Committee to be held on 11th January, 2024.

(i) TAXI OPERATOR - REQUEST FOR SUSPENSION HEARING

There was submitted a report from the Corporate Fleet Manager. The Committee gave consideration to the content of the report. Thereafter, having heard from the Legal Officer, the Committee agreed that a hearing to consider Company Ts fitness to hold a Taxi Operators Licence be held at the meeting of the Licensing Sub-Committee to be held on 11th January, 2024.

Stewart HUNTER, Convener.

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 11th February, 2020.

APPENDIX I

Present:-

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

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

Brian WOODCOCK (Senior Solicitor, Licensing), Corporate Services

Mark DEVINE (Transport Officer), City Development

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 Ltd

Mohammed ASIF (for 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

Willie LEES, RMT (Dundee)

Charlie DUTHIE, Tay Taxis

Chris ELDER, Unite The Union

POLICE SCOTLAND (TAYSIDE DIVISION) REPRESENTATIVE

Robyn JAMIESON (Constable)

Also, in attendance:-

Gary McCRAE

Councillor George McIRVINE

Lisa ARCHIBALD and Barry RODGER, in the Chair

I MINUTES OF PREVIOUS MEETINGS

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.

II DUNDEE CITY COUNCIL

Items on agenda at request of Dundee City Council:-

(a) TAXI FEES

There was submitted a table outlining taxi costs over the periods 2017/2018 to 2019/2020 and 2020/2021 to 2022/2023. Lisa Archibald explained the position in relation to the increases outlined within the document. The Group gave consideration to the content of the document including how these were itemised. The Group gave particular discussion to the position in relation to Licensing Standards Officers and the position expressed by Willie Lees that Licensing Standards Officers should be operational for taxis only. Lisa Archibald explained the current position in relation to Licensing Standards Officers and their hours of operation and remit which cover the range of areas wider than taxis and private hire. The view was offered that there were a

lot of concerns in relation to lack of enforcement of taxis and private hire and there would be considerable benefit to a further Licensing Standards Officer being employed by the Council solely to enforce taxi and private hire licensing legislation. It was considered that there was a lack of adherence to the dress code which was viewed by the membership of the Group as being simple to adhere to and was effective in presenting a positive public image as indicated by Graeme Stephen. There was concern that non-adherence to the dress code was presenting a negative perception within the general public and was of concern to licence holders in the interests of promoting their trade and particular reference to the areas of tourist growth which were evident within Dundee with the construction of the V&A Museum and the interest that the City was creating with overseas visitors. Chris Elder also offered a view that, if there was a single Licensing Standards Officer for the trade, it would be much easier for them to follow-up enquiries from the trade and liaise with Police Scotland on a proactive basis and to allow for continual checks to be made to ensure that anyone on the rank driving a taxi was properly licensed in the interests of public safety and security. Lisa Archibald explained that if this was the wish of the trade representatives that this post would have to be built into their fees and this may incur a considerable cost in increase at renewal periods. Chris Elder, in reply, indicated that he would be happy for the fees to increase as indicated to allow for this additional Officer to be appointed and this view was echoed by the other trade representatives present who had no objection to this proposal.

Thereafter, the Group agreed:-

(i) to approve the taxi fees as submitted;

(ii) to note that Lisa Archibald would examine the process for recruiting a further Licensing Standards Officer to be appointed with responsibility solely for taxi and private hire licensing legislation enforcement as suggested by the representatives of the Group;

(iii) to note that the recruitment of a further Licensing Standards Officer would mean a substantial increase on the fees upon renewal; and

(iv) that Lisa Archibald would submit a report on this matter to the next meeting of the Taxi Liaison Group.

(b) A5 CARDS FOR TAXI DRIVERS

Lisa Archibald explained the position in relation to A5 cards for taxi drivers. The wish for cards to be on display within the windscreens of taxis was highlighted by the Group, together with concern that licensed taxi drivers and private hire drivers may not be displaying their badge on many occasions and that, as such, this behaviour may mean that the A5 cards proposed may not also be displayed by licence holders. It was highlighted that it was a condition of the licence for taxi drivers and private hire drivers to display their badge which would serve as reassurance for members of the public to observe and be confident that the individual driver of the vehicle was properly licensed and vetted to convey to the public in a licensed vehicle. Chris Elder also observed that this was a condition of the licence as far as he was aware and Graeme Stephen highlighted a problem with the possibility of any licensed taxi driver or private hire driver who may be suspended from service operating at night using a street car rather than operating from a licensed booking office.

Lisa Archibald indicated that the production of A5 identification cards for taxi drivers would cost an additional 7.50 for each application for renewal of licence. The current production of badges at Dundee House was also explained. Willie Lees offered the view that Licensing Standards Officers patrolling any given rank would be able to recognise and observe the non-display of a card identification in the window of a car more easily and put them off the rank. There was discussion about whether or not the name of the licence holder should be on the card or simply their number.

It was highlighted by Chris Elder that when you order the taxi through a smartphone app, you would receive by return the name of the driver and vehicle registration and there was discussion as to whether or not this was a GDPR issue. However, it was similarly observed that this was an opportunity for increased public safety. There was also discussion about whether or not the badge should be worn by the operator or displayed in the vehicle windscreen with the conditions of licence being varied accordingly. It was observed that utilising the current badges in this respect would limit visibility for potential passengers. Chris Elder also raised concerns in relation to his perception that there may be counterfeit or forged badges available and there was a requirement to look at this to discourage any practice from occurring. In this respect, Lisa Archibald explained that the use of holograms on badges to act as a preventative matter would put the costs up for any application or application for renewal. Willie Lees explained that he was not in agreement with the 7.50 increase for the production of A5 cards for taxis and expressed the view that, rather than have cards on display, the new Licensing Standards Officer, previously proposed, would be able to enforce the wearing of taxi driver badges and patrol ranks in the interests of securing public safety. In this respect, Chris Elder also offered the view that although he was initially looking for A5 cards for taxi drivers to be implemented, he considered that the recruitment of a further Licensing Standards Officer solely for enforcement of taxi and private hire legislation to be the way forward.

Following discussion, the Group agreed that there may not be a requirement to further discuss A5 cards for taxi drivers and that this matter may better be enforced by the recruitment of a further Licensing Standards Officer solely for the taxi trade. Accordingly, discussion of this matter should be deferred until it was decided whether or not a new Licensing Standards Officer should be appointed.

(c) FEASIBILITY STUDY

Fraser Crichton reported on the feasibility study for a new electric vehicle charging hub. Fraser reported that his service was currently looking at the area coming down from Forfar Road for the creation of a hub. Further potential sites were being examined. Fraser also explained the variety of chargers and time for charge currently available and that the current position, indicated by the trade, was not unique to Dundee. Fraser further highlighted that the future direction desired by the Scottish Government was for electric vehicles. Graeme Stephen indicated that the service had won the Fleet Euros Award 2019 and, in terms of the Fleet Green, came in at position 58 within the United Kingdom. Fraser Crichton indicated that, at the various meetings and conferences he had attended throughout the UK, representatives from English Councils had expressed the view that the Taxi Liaison Group in Dundee was a forum that they themselves would have liked to have introduced in their own Councils as a consultative body for discussion on policy and other licensing matters.

The Group agreed to note the position as outlined.

(d) TEST FEES

Reference was made to Article III(j) of the minute of meeting of the Licensing Committee held on 6th February, 2020, wherein it was agreed to remit the test fees back to the meeting of the Taxi Liaison Group for further consideration prior to submission to the next meeting of the Licensing Committee. The Group gave consideration to the content of the test fees. Lisa Archibald explained that the taxi garage fees were increased in line with RPI which was a process for increases previously agreed by the trade representatives and had been in operation for many years.

Graeme Stephen indicated that, if the garage fees and taxi fares were increased in April of each year, this would make it easier for operators to understand. Chris Elder indicated that he had asked for a Freedom of Information Request in relation to testing at the garage. Fraser Crichton highlighted the system previously agreed meant that if fares went up then the garage fees would also increase and that this had been in place for the last 10 years. Fraser further highlighted that it was 73 for a test and the average labour costs for mechanics in Scotland was 58 per hour. Willie Lees expressed the view that the use of RPI was, to his mind, no longer a proper formula to

refer to. Chris Elder indicated that he could go to an external garage and get a deal for garage fees on behalf of the members of his organisation. Graeme Stephen reiterated his belief that there were benefits in bringing the increase in garage fees in line with the financial year. Willie Lees explained that he considered that there was a problem with trade working in "pennies" with regard to the fares. Fraser Crichton repeated the position that the former had previously been agreed by the trade and the process for increasing garage fees in this respect. In reply to question, Fraser Crichton assured the representatives that the charges for Angus licence holders were the same as those for Dundee and that he would be happy to give a breakdown of the costings at the garage. Following discussion, the Group agreed to the test fees as proposed and that, once the information was received from Fraser Crichton on the breakdown of costings at the garage and also from the Freedom of Information Request, this would be subject to further discussion of the Group at that time including the use of the formula for RPI and that this would be discussed at a meeting of the Liaison Group arranged exclusively for this purpose.

III DUNDEE ELECTRIC TAXI ASSOCIATION

Items on agenda at request of Dundee Hackney Association:-

(a) "LONG RESPONSE TIME FOR MAINTENANCE OF BROKEN CHARGERS. IT IS NOTED THAT SOME CHARGERS ONCE REPORTED ARE TAKING MONTHS TO REPAIR. TO NOTE THE REAR OF CINEWORLD HAS A BROKE AC AND CHADEMO ADAPTER RENDERING IT USELESS. CHARGERS 2 & 5 (COUNTED L TO R) AT PRINCES ST ARE OFTEN OFFLINE WITH 5 HAVING ALMOST NEVER WORKED. QUEEN STREET DOESNT WORK OFF APP ALWAYS SAYING COMMUNICATION NOT POSSIBLE."

Ryan Todd reported on the above matter. Fraser Crichton advised the Group that there was an issue and he was hoping that the issues would be resolved in due course. In relation to the broken AC at Cineworld, Fraser indicated that this had been subject to accidental damage, possibly vandalism, and that this was currently being reported through the Council's insurer for repair due to the cost of the cable which had been damaged. In relation to non-operation at Queen Street, Fraser indicated that this was the responsibility of the back office who would have been dealing with this and advised the service appropriately by email.

The Group agreed to note the position as outlined.

(b) "CONCERNS OVER FUTURE PRICING GIVEN THAT THE CURRENT RATE IS ONLY SET UNTIL APRIL, WITH OTHER LOCAL AUTHORITIES COMING IN WITH HIGHER RATES, IT WOULD MAKE IT DIFFICULT FOR EV DRIVERS TO STILL OPERATE IF WE MIRRORED THESE."

The Group agreed to note that this matter had already been covered earlier in the agenda.

(c) "CONCERNS OVER FUTURE PROVISIONS. CAN EXPANSION AND ADDITION PLANS BE CLARIFIED AS IN BUSY PERIODS CHARGERS ARE REGULARLY AT CAPACITY WHICH IS A CONCERN GIVEN ONLY 20% OF TRADE ON EV."

The Group agreed to note that this matter had already been covered earlier in the agenda.

(d) "PARKING TIME RESTRICTIONS NEED TO BE EXTENDED TO SUIT THE REAL WORLD PRACTICALLY."

Ryan Todd reported on the above matter.

The Group agreed to note that Fraser Crichton was looking at this and would submit a report to a future meeting of the Group.

(e) "UNRELATED TO EV BUT A MEMBER HAS ASKED ABOUT A VARIATION OF LICENCE FOR PH DRIVERS WHO ARE ONLY SERVICING SCHOOL RUNS TO BE EXEMPT FROM THE SVQ WHICH IS SET TO BECOME COMPULSORY IN APRIL/MAY."

Ryan Todd reported on the above matter. Lisa Archibald explained that no variation had been agreed at the Committee in 2017 and that a three year extension had been in place to allow for private hire drivers to obtain the SVQ by the 2020 renewal date. Willie Lees reported that there were no fees incurred for SVQ training obtained through Union membership.

The Group agreed to note the position as outlined.

(f) "IS IT POSSIBLE TO HAVE BACK OFFICE FEES DROPPED/REDUCED. IT WAS PREVIOUSLY STATED DCC MAY BE ABLE TO DEVIATE FROM TRANSPORT SCOTLAND AGREEMENTS WITH CPC. DO WE HAVE ANY FURTHER INFORMATION REGARDS THIS?"

Ryan Todd reported on the above. Fraser Crichton advised that he was currently negotiating with the back office to try and bring down the connection fee.

The Group agreed to note the position.

(g) "THE VIC YOUNG WAV CONVERSION OF ENV200 IS ONLY APPLICABLE FOR STANDARD 3,500 GRANT, NOT THE 7,500 AVAILABLE FOR HACKNEYS AS IT ISNT CLASSED AS ONE. IS THEIR ANYTHING THE COUNCIL COULD DO TO HELP DRIVERS OBTAIN THE 7,500 GIVEN IT CAN BE A HACKNEY WITHIN OUR LICENSING STANDARDS?"

Ryan Todd reported on the above. Fraser Crichton advised that he was meeting with Olev on 10th March, 2020 in Westminster and would raise this issue there. Chris Elder advised that he felt that anyone putting on an electric vehicle should be getting substantial grants from the government. In reply to a question from Graeme Stephen, Fraser Crichton advised that the current grant for an electric WAV was 7,500.

The Group agreed to note the position as outlined.

IV DUNDEE TAXI ASSOCIATION

Items on agenda at request of Dundee Taxi Association:-

(a) "TAXI RANKS TO BE PAINTED BOTTOM OF HILLTOWN, THE MUSEUM RANK NEEDS SOLID YELLOW LINE ON KERB SIDE AS WELL AS USUAL MARKINGS. CAMPERDOWN ROAD RANK HAS HAD AREAS RESURFACED AND NOT PAINTED. IVE NOT CHECKED ALL RANKS BUT IT SHOULDNT TAKE LONG FOR SOMEONE FROM ROADS DEPARTMENT TO TAKE A LOOK."

Graeme Stephen reported on the above matter. Graeme Stephen expressed the view that there was a requirement for roads and transportation services to carry out a review and check of all ranks in relation to their condition. Lisa Archibald advised that she had passed on comment in relation to Perth Road to City Development for investigation and would also make them aware of concerns in relation to the general condition of ranks. Chris Elder enquired as to whether or not any of the current ranks in operation could be extended. Lisa Archibald advised that this would be passed on to City Development for their consideration. Graeme Stephen made enquiry as to the feasibility of Whitehall Crescent being used as a rank for passengers exiting from the train station which may alleviate pressure at the train station rank. Graeme Stephen also expressed concern in relation to buses dropping off people at the train station and outside the V&A and the requirement for traffic enforcement to be undertaken. Mark Devine indicated that enforcement at this area was the responsibility of Paul Zarembski, Parking Officer, and that he would bring this matter to the attention of Paul. Mark indicated that should any trade representatives have any further concerns or comments in relation to parking enforcement that they make contact with Paul direct by e-mail: paul.zarembski@dundeecity.gov.uk.

The Group agreed to note the position as outlined.

(b) "ANY UPDATES ON LOW EMISSION ZONE."

Graeme Stephen reported on the above matter.

Barry Rodger highlighted that a report would be submitted to a meeting of the appropriate Committee towards the end of the month. Barry also highlighted that the Transport Bill would come in during November, 2020 and it was expected that it would be late in the year 2021/2022 before the low emission zone would come into force and that Tom Stirling, Head of Public Protection, would be invited to come back to a future meeting of the Liaison Group to provide an update on the matter.

(c) "CAN WE PLEASE SORT OUT THE PROBLEM AT TESTING STATION WHEN FOR INSTANCE A TAXI FAILS ON A BULB OUT THAT THEY DONT HAVE TO WAIT TILL 3.00 PM TO HAVE IT CHECKED."

Graeme Stephen reported on the above matter.

Fraser Crichton indicated that to further this matter he would require to have details to allow him to make further enquiry in relation to this particular incident. Fraser highlighted that the requirement for a retest to be undertaken would be necessary if the vehicle had been submitted for an MOT as they would be required to go through the whole process. Chris Elder indicated that desk staff and staff at the taxi test centre he found to be very helpful in general.

The Group agreed to note the position as outlined.

(d) "CARS, VANS FOREVER PARKING AT SHOPS ON HILLTOWN RANK PARKING METERS SET FOR TOO LONG A PERIOD ON OTHER SIDE OF RANK?"

Graeme Stephen reported on the above matter. Graeme indicated a view that he felt it was customers opposite the rank who were parking irresponsibly and causing difficulties at this area. Lisa Archibald advised that she had passed on this matter to the parking team before for their consideration. Graeme Stephen indicated that he felt that the problem was to do with the hours of operation for the meter and that he felt that people were unwilling to pay the price for 0-2 hrs parking, whereas if it was possible to change the time periods of waiting to allow for 20 minute parking slots that this might alleviate the problem at this location. It was also highlighted that Deliveroo were also parking on the rank. Lisa Archibald advised that she would pass on these concerns to the parking team for their consideration. Mark Devine indicated that he would also speak with colleagues in City Development on the suggestion in relation to changing the time periods for car parking.

The Group agreed to note the position as outlined.

(e) "CAN COUNCIL DO ANYTHING ABOUT GARAGES ETC THAT CHARGE FOR A JOB, BUT THEY HAVE NOT DONE JOB AS TO WHAT IT SHOULD BE. DO ALL PLACES NEED A LICENCE TO OPERATE?"

Graeme Stephen reported on the above matter. Barry Rodger advised the Group that he would provide contact details for Trading Standards to allow for them to make investigations into these types of concerns.

The Group agreed to note the position as outlined.

(f) "HAS COUNCIL BEEN ABLE TO LOOK AT NUMBER OF P/H PUTTING ON 5, 6 SEATER VEHICLES TO AVOID PUTTING ON ELECTRIC VEHICLES."

Graeme Stephen reported on the above matter.

Brian Woodcock indicated that current licensing condition allowed for a private hire vehicle to be licensed for a maximum of eight persons and that such vehicles had previously been agreed to be licensed with their conditions of licence varied to allow for airport work only. However, it was recognised that this was difficult to enforce. Graeme Stephen indicated whether or not the replacement of a special events disc instead of a licence plate on the vehicles may alleviate the problem. Brian Woodcock indicated that current licence holders who had been allowed this variation were to come back to Committee for renewal and that the matter would be reviewed at that time. Barry Rodger further advised the Group that should any of the representatives or members of the trade or representatives be aware of any breaches, they should let the Council know. Graeme Stephen indicated the view that there was a number of licence holders working out of offices who were breaching these conditions. Daniel Garven indicated that the trade should make the Council aware of dates and times of breaches to allow these to be investigated properly.

The Group agreed to note the position as outlined.

(g) "HAS ANYTHING BEING DONE ABOUT THE TIME BEING ALLOWED TO PUT ON ELECTRIC VEHICLES ONCE A COMPANY HAS BEEN FORMED."

Graeme Stephen reported on the above matter.

Lisa Archibald explained the current position that each case was considered on its own merits and applications had been refused where the Committee thought that enough time had been allowed to find an electric vehicle.

The Group agreed to note the position as outlined.

(h) "TAXI FARE INCREASES."

Graeme Stephen reported on the above matter.

Graeme Stephen indicated to the size of signage of the adverts on the back of private hire cars advertising the number of the firm which they were operating from should be subject to review. Lisa Archibald explained the current policy on advertising and that to implement the change that Graeme Stephen had indicated would require adverts to be taken off of vehicles which would involve costs to the trade. The view was also expressed that private hire vehicles should not have advertising on them. Lisa Archibald advised the Group that they should consider what size of advertising of telephone numbers be considered appropriate for this to be discussed at the next meeting of the Liaison Group. In relation to taxi fare increases it was agreed that the next meeting of the Liaison Group be convened solely to discuss the fares increase.

The Group agreed to note the position as outlined.

V DUNDEE TAXI INFORMATION GROUP

Items on agenda at request of Dundee Taxi Information Group:-

(a) "WOULD IT BE POSSIBLE TO BRING TO THE COMMITTEE'S ATTENTION REPORTS FROM OUR MEMBERS CONCERNING THE MANY ILLEGAL PICK-UPS (LIFTS) OFFERED ON SOCIAL MEDIA PLATFORMS, FACEBOOK ETC FROM MEMBERS OF THE PUBLIC. WHILST OUR CONCERN IS THE PUBLIC SAFETY WE ARE ALSO CONCERNED ABOUT THE LEGALITIES OF SUCH PRACTICES. WE WOULD PRESUME THAT A REPRESENTATIVE FROM POLICE SCOTLAND WOULD ATTEND HOPEFULLY THIS TIME SO WE CAN ASCERTAIN THEIR INTENTIONS ON DEALING WITH THIS MATTER."

Shaun Ovenstone reported on the above matter.

Robyn Jamieson indicated that she was not aware of this particular issue. Shaun enquired whether or not tests could be undertaken by police officers through an undercover operation and that he considered there were public safety insurance issues to be considered. Lisa Archibald advised that she would arrange for appropriate notification to be placed on the Councils Facebook page and Twitter account prior to Christmas reminding the public that anybody operating or driving a taxi required to be licensed by the Council and, if they were not, they were committing an offence. Chris Elder made the Group aware of a video which was in place in Glasgow and he would send this on to Lisa Archibald should it be considered that Dundee may wish to follow a similar approach. Robyn Jamieson also indicated that she would look at what was currently in place in Glasgow and Aberdeen and Chris Elder and Shaun Ovenstone would e-mail her with details to allow this to be looked at.

The Group agreed to note the position as outlined.

(b) "I WOULD ALSO LIKE TO DISCUSS IF THE OWNERS/DAY MANAGERS OF MULTIPLE PLATES ETC SHOULD BE IN POSSESSION OF AN SVQ/NVQ."

Shaun Ovenstone reported on the above matter.

Willie Lees offered the view that Licensing Standards Officers should be trained up to SVQ level. Lisa Archibald asked if it was their view that they wanted the current guidance to be changed to allow for operators to do SVQs also. It was highlighted that most operators were also taxi drivers and would have undertaken this particular training. Chris Elder indicated that Unit A of the course operated by Unite The Union covered school contracts for transporting children for private hire and provided guidance as to how taxi and private hire offices should deal with this. Chris also felt that booking office staff should do SVQs. Lisa Archibald advised the Group that the Council had no control over staff of each booking office. Chris Elder offered the view that licence holders in general should be the ones who should undertake the training. Brian Woodcock indicated that he would check with other local authorities as to what they currently operated in this regard and because any courses would require to be tailored to the particular activity of the licence.

The Group agreed to note the position as outlined.

VI RMT, DUNDEE

Item on agenda at request of RMT, Dundee:-

(a) "WE WOULD LIKE A BREAKDOWN OF FIGURES FOR THE TAXI TRADE IN DUNDEE (IE WHERE IS OUR MONEY GOING)."

The Group agreed to note the position. The matter had already been covered in the agenda.

(b) "WHAT IS THE FLEET NUMBERS SITTING AT ALSO WHAT IS THE SPLIT SITTING AT (IE 60/40)"

Willie Lees reported on the above matter. Lisa Archibald advised the Group that the current split was on the basis of 57/43 wheelchair accessible vehicles to saloon vehicles.

(c) "BUSES SITTING AT V&A. THEY ARE NOT STOPPED BUT PARKED. THIS IS DANGEROUS."

Willie Lees reported on the above matter.

Mark Devine indicated that buses were not allowed to park at this location and it was for drop-off use only and that should any members of the trade be aware of any infringements they should contact the Council and that they would write to particular bus companies involved. Mark also indicated that they should make direct contact with the parking team. Lisa Archibald advised that she would provide the members of the Liaison Group with a contact number for the parking team and that, in the meantime, Mark Devine would raise this with the parking team on the Groups behalf.

The Group agreed to note the position as outlined.

(d) "HYBRIDS FOR CORPORATE PLATE. ALSO, WHEN ELECTRIC PLATE IS GRANTED THE OLD PLATE SHOULD BE SURRENDERED STRAIGHT AWAY."

Willie Lees reported on the above matter.

Fraser Crichton explained the difficulties in description as to what constituted a hybrid in terms of air quality legislation. Fraser also indicated that the City Council were also currently changing the composition of their fleet to electric to improve the air quality. Lisa Archibald advised that the current policy was to put on an electric vehicle if the licence holders wanted a corporate plate and if there was to be a change to this it would require to go to Committee.

VII TAY TAXIS

Items on agenda at request of Tay Taxis:-

(a) "I HAVE A QUERY REGARDING MOT'S ON HIRE/REWARD VEHICLES AND PRIVATE HIRE VEHICLES."

Charlie Duthie reported on the above matter.

Lisa Archibald advised that she had examined the Government website and that she would take this matter back to DVLA for confirmation. Fraser Crichton advised the legislation stated that on an annual basis ambulances and taxis needed to be tested as indicated in Category 4 on the website. The Road Traffic Act 1988 also specified this requirement. Brian Woodcock indicted they would have to look into this to explain the contradiction in terms. Graeme Stephen raised the matter in relation to the taxi test and MOT as to whether or not one could replace the other. Lisa Archibald advised it was the view of traffic police that if a taxi was stopped they would look for the licence holder to have a valid MOT and Test Certificate. Chris Elder indicated that he was of the view that Glasgow City Council were only carrying out MOTs and had stopped the requirement for Certificates of Compliance.

(b) "I HAVE ALSO BEEN MADE AWARE FROM A FEW OF OUR DRIVERS THAT PRIVATE HIRE TAXIS ARE PICKING UP AT THE SHELL GARAGE, MARKETGAIT, DUNDEE."

Charlie Duthie reported on the above matter.

Lisa Archibald advised the Group that should they be aware of occasions where infringements and breaches of conditions had taken place that they should report these matters to the Council for investigation.

VIII DATE OF NEXT MEETING

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

Lisa ARCHIBALD and Barry RODGER, Joint Chairs.