Licensing Committee - 11/01/2024

At a MEETING of the LICENSING COMMITTEE held remotely on 11th January, 2024.

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

There were no declarations of interest.

II LICENSING SUB-COMMITTEE - MINUTE OF MEETING

The minute of meeting of the Licensing Sub-Committee held on 4th December, 2023 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

ANIMAL BOARDING - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS - TEMPORARY

PUBLIC ENTERTAINMENT - NEW APPLICATION - FULL

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATION

(b) ANIMAL BOARDING - UPDATE

Reference was made to Article II(b) of the notes of decisions of the meeting to consider Licensing Committee Business held on 25th May, 2023. The Committee noted that the applicant was not present and agreed to consider this matter in their absence. Having heard from the Legal Officer, the Committee agreed to take no further action.

(c) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted the undernoted application.

Having heard from the Legal Officer, the Committee noted that this application had now been granted under delegated powers.

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

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 an extension of time to place a vehicle on service to 1st February, 2024 and that the applicant attend the meeting on this date.

IV HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted the undernoted application.

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 with the condition that works be completed within six months.

V 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 objection had been received from a member of the public. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, Private Sector Services Manager and the applicant, the Committee agreed to grant the application.

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 applicant, the Committee agreed to adjourn consideration of this matter to the meeting of this Committee to be held on 1st February, 2024 to allow outstanding works to be completed.

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) PUBLIC ENTERTAINMENT - NEW APPLICATION - FULL

There was submitted the undernoted application.

Reference was made to Article XI(a) of the minute of meeting of this Committee held on 7th December, 2023, where it was agreed to adjourn consideration of this item to allow the applicant to attend. The Committee noted that the applicant was not present. Having heard from the Legal Officer, the Committee agreed to adjourn consideration of this item to the meeting of this Committee to be held on 1st February, 2024 to allow the applicant to attend.

(b) TAXI DRIVER - MEDICAL EXEMPTION CERTIFICATES

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 from the applicants Physiotherapist had been received. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, 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 from the applicants doctor had been received. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the application.

(c) TAXI DRIVER - NEW APPLICATIONS

Reference was made to Article IV(a) of the notes of decisions of the meeting to consider Licensing Committee Business held on 30th March, 2023, where it was agreed to adjourn consideration of the application to await the outcome of court proceedings. 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 the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Committee agreed to adjourn consideration of the application to the meeting of this Committee to be held on 13th June, 2024 to await the outcome of court proceedings.

Reference was made to Article IV(a) of the notes of decisions of the meeting to consider Licensing Committee Business held on 30th March, 2023, where it was agreed to adjourn consideration of the application to await the outcome of court proceedings. 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 the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Committee agreed to adjourn consideration of the application to the meeting of this Committee to be held on 28th March, 2024 to await the outcome of court proceedings.

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, a representative for the Chief Constable and the applicant, the Committee agreed to grant the licence for a period of six months, subject to the applicant passing the Street Knowledge Test, providing a Medical Certificate, a Unique Tax Reference Number, SVQ Certificate and naming the operator that they would be driving for and to bring back this matter to this Committee in six months for an update.

Reference was made to Article IV(a) of the notes of decisions of the meeting to consider Licensing Committee Business held on 30th March, 2023, where it was agreed to adjourn consideration of the application to await the outcome of court proceedings. The Committee noted that the applicant was not present and agreed to consider the matter in their absence. 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 Committee agreed to adjourn consideration of the application to the meeting of this Committee to be held on 28th May, 2024 to await the outcome of court proceedings.

(d) TAXI DRIVER - RENEWAL APPLICATION

Reference was made to Article III(e) of the notes of decisions of the meeting to consider Licensing Committee Business held on 18th August, 2023, where it was agreed to adjourn consideration of the application to await the outcome of court proceedings. The Committee noted that the applicant was not present and agreed to consider the matter in their absence. 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 Committee agreed to adjourn consideration of the application to the meeting of this Committee to be held on 28th March, 2024 to await the outcome of court proceedings.

(e) TAXI DRIVER - SUSPENSION HEARINGS

Reference was made to Article VII(d) of the minute of the meeting of this Committee held on 2nd November, 2023, where it was agreed to adjourn consideration of this item to await the outcome of court proceedings and to continue the immediate suspension. The Committee noted that the A A was not present and agreed to consider the matter in their absence. The Committee noted that a letter of information had been received from the Chief Constable and a written submission had been received from A A. The Committee gave consideration to the content of the letter and written submission. Thereafter, having heard from the Legal Officer and a representative of the Chief Constable, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 28th March, 2024 to await the outcome of court proceedings and to continue the immediate suspension in the interim period with immediate effect.

Reference was made to Article VIII(f) of the minute of meeting of this Committee held on 5th October, 2023, where it was agreed to adjourn consideration of the hearing and continue the immediate suspension with immediate effect. The Committee noted that J B was not present and agreed to consider the matter in their absence. The Committee noted that a report had been received from the PAM Group. The Committee gave consideration to the content of the report. Thereafter, having heard from the Legal Officer, the Committee agreed to adjourn consideration of this item to the meeting of this Committee to be held on 28th March, 2023 to await further medical evidence and to continue the immediate suspension in the interim period with immediate effect.

Reference was made to Article II(a) of the minute of the meeting of the Licensing Sub-Committee held on 4th December, 2023. The Committee noted that a letter of information had been received from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, a representative of the Chief Constable and R M, the Committee agreed to adjourn consideration of this item to the meeting of this Committee to be held on 28th March, 2023 to await the outcome of court proceedings.

(f) TAXI OPERATOR - REQUEST FOR VARIATION

The Committee noted that a representative for Company A was not in attendance. Having heard from the Legal Officer, the Committee agreed to adjourn consideration of this item to allow a representative from Company A to attend and to submit further information from their GP.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 4th December, 2023.

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Roisin SMITH

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 IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of R M 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 R M be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of R M to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.