Licensing Committee - 25/04/2024

At a MEETING of the LICENSING COMMITTEE held remotely on 25th April, 2024.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 28th March, 2024 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Scullin declared an interest in relation to the item of business at Article VI(a)2 of this minute by virtue of the applicant being known to her in a personal capacity and took no part in the proceedings and withdrew from the meeting during its consideration. Bailie Roberts declared an interest in relation to the item of business at Article VI(i)1 of this minute by virtue of the applicant being known to her in a personal capacity and took no part in the proceedings and withdrew from the meeting during its consideration.

II LICENSING SUB-COMMITTEE

 

The minutes of meetings of the Licensing Sub-Committee held on 28th March, 2024 and 8th April, 2024 were submitted and noted, copies of which are attached to this minute as Appendices I and II.

 

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.

 

MARKET OPERATOR - NEW APPLICATION

 

No	Name	Address of Premises
1	Hope Consulting Services (Scotland) Ltd	The Steeple Church, Nethergate

 

PUBLIC ENTERTAINMENT - TEMPORARY APPLICATIONS

 

No	Name	Location	Date of Event
1	Charles Horne	Riverside Park	4th April to 14th April, 2024
2	Charles Horne	Caird Park	26th April to 5th May, 2024
3	Derby Bar Inc Ltd	Ardler Complex	20th April, 2024
4	Thomas McMahon	Top Dog Sports Bar	18th April to 26th May, 2024

 

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

 

No	Name	Location	Date of Event
1	Dundee Nails 88 Ltd	88-90 Nethergate	Full
2	Fairfield Community Sports Hub SCIO	Fairfield Community Sports Hub and Drumgeith Playing Fields, Drumgeith Park	Full
3	Kimberley Mills	Park Avenue	Full

 

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

 

No	Name
1	Nazrul Islam
2	Muhammad Akram
3	Robert Sinclair
4	H&T Private Hire Ltd

 

SECOND HAND DEALER - NEW APPLICATION

 

No	Name	Address of Premises
1	Kismat Motor Group Ltd	Kismat Motor Group Ltd, 54 East Dock Street

 

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

 

No	Name	Address of Premises
1	Iain Clark	Good Omens, 25 Castle Street
2	Steven Blance	Good Omens, 25 Caste Street
3	Graham A Cameron	Arcadian, 6a Panmure Street
4	Andrew McCallum	Arcadian, 6a Panmure Street

 

STREET TRADER - NEW APPLICATION

 

No	Name
1	Shane B Mountford

 

TAXI DRIVER - NEW APPLICATIONS

 

No	Name
1	Gordon M Reid
2	Masud Shak
3	Ashar Amin

 

WINDOW CLEANER - NEW APPLICATIONS

 

No	Name
1	Lewis Paton
2	Darren T McDonnell

 

(b) TAXI DRIVER - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No	Name
1	Barry Cairncross

 

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 application. The Committee noted that the applicant had failed to submit their medical certificate, Unique Tax Reference Number, SVQ Certificate, ID, photo for badge, pass the street knowledge test or complete the DVLA consent form within the prescribed time period. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be considered incompetent.

 

2	Kristofer R Green

 

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 application. The Committee noted that a written submission had been received from the applicant. The Committee gave consideration to the written submission. The Committee noted that the applicant had failed to submit their medical certificate, Unique Tax Reference Number, SVQ Certificate, ID, photo for badge, pass the street knowledge test or name the Taxi Operator that they would be employed by within the prescribed time period. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be considered incompetent.

 

3	Muhammad Ilyas

 

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 application. The Committee noted that the applicant had failed to submit their medical certificate, Unique Tax Reference Number, SVQ Certificate, ID, photo for badge or pass the street knowledge test within the prescribed time period. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be considered incompetent.

 

4	Kasum M Razak

 

The Committee gave consideration to the application. The Committee noted that the applicant had failed to submit their medical certificate, Unique Tax Reference Number, SVQ Certificate, ID, photo for badge or pass the street knowledge test within the prescribed time period. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed that the application be considered incompetent.

 

5	Abdellah Mecid

 

The Committee gave consideration to the application. The Committee noted that the applicant had failed to submit their medical certificate, Unique Tax Reference Number, SVQ Certificate, ID or photo for badge within the prescribed time period. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed that the application be considered incompetent.

 

(c) TAXI OPERATOR - CORPORATE PLATE - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No	Name
1	Invergowrie Taxis Ltd

 

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 application. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the application subject to a suitable vehicle being placed on service.

 

2	Riverview Taxis Ltd

 

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 application. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the application subject to a suitable vehicle being placed on service.

 

3	Shak Taxis Ltd

 

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 application. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the application subject to a suitable vehicle being placed on service.

 

4	SN Cab Ltd

 

The Committee gave consideration to the application. Thereafter, having heard from the Legal Officer and a representative for the applicant, the Committee agreed to grant the application subject to a suitable vehicle being placed on service.

 

5	64 Transfer Ltd

 

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 application. The Committee noted that a written submission had been received from the applicant. The Committee gave consideration to the written submission. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the application subject to a suitable vehicle being placed on service.

 

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

 

There were submitted the undernoted requests.

 

No	Name
1	FMC (Scotland) Ltd

 

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 a further extension and to recall this matter to the meeting of this Committee to be held on 13th June, 2024 to hear an update on the position regarding sourcing a vehicle.

 

2	Grant Gaffney

 

The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer, the Committee noted that a vehicle was now on service and the application had been withdrawn.

 

IV HOUSING (SCOTLAND) ACT 2006

 

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

 

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

 

 

No	Name	Person Responsible	Address
1	Vouge Investments Ltd	Rockford Properties Ltd	2/1, Commercial Street
2	Rowena Roche and Christopher Gladden	Extra Mile Property Solutions Ltd	G/1, 5 Morgan Street

 

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No	Name	Person Responsible	Address
1	Elliot Family Investments Ltd	Sandstone UK Property Management Solutions Ltd	3/2, 4 Gowrie Street

 

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, the Private Sector Services Manager and a representative for the applicant, the Committee agreed to grant the application subject to outstanding works being completed to the satisfaction of the Private Sector Services Manager. The Committee further agreed to recall the application to the meeting of this Committee to be held on 5th September, 2024 for an update if works were not complete.

 

2

Erez Holding Ltd

Sandstone UK Property Management Solutions Ltd

1/2, 12 Morgan Place

 

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, the Private Sector Services Manager and a representative for the applicant, the Committee noted that the property was fully compliant and agreed that the application be granted.

 

3

Joyce Adams

Easylets Ltd

1/2, 40 Union Street

 

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, the Private Sector Services Manager and a representative for the applicant, the Committee noted that the property was fully compliant and agreed that the application be granted.

 

4

JDM Scotland Ltd

Easylets Ltd

19 Friary Gardens

 

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, the Private Sector Services Manager and a representative for the applicant, the Committee noted that the property was fully compliant and agreed that the application be granted.

 

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.

 

 

No	Name	Person Responsible	Address
1	Geoffrey Laird-Portch	Geoffrey Laird-Portch	4A Home Street
2	TCO Property Management Ltd	Clark Anderson Properties Ltd	Maritime House, Flat 5 26 East Dock Street
3	Mohammed Sarwar		7F Rosefield Street
4	Charlaine Mellor		6 Burnhaven Gardens
5	Sunrise Short Stays Ltd		13b Main Street
6	Moira McGregor		2/0, 26 Union Street
7	Hanna Rashid	Sunrise Short Stays Ltd	11a Main Street
8	Abdul Rashid	Sunrise Short Stays Ltd	208b Broughty Ferry Road
9	Phillpa McLean		88 Monifieth Road
10	Allan McCulloch	Lucy Cameron	41 Grove Road
11	Igor Vamos	Clark Anderson Properties Ltd	2/L, 87 Magdalen Yard Road
12	Hannah Rashid	Sunrise Short Stays Ltd	9 Main Street
13	Lesley and Euan Ross	Clark Anderson Properties Ltd	Binrock Lodge, 454A Perth Road
14	Dewlor Developments Ltd	Emma Lorente	Corn Flour Lodge Pitkerro Mill, Kellas Road
15	Dewlor Developments Ltd	Emma Lorente	Flour Mill House Pitkerro Mill, Kellas Road

 

(b) SHORT-TERM LETS - NEW APPLICATIONS - UPDATES

 

No	Name	Person Responsible	Address
1	James Thornton and Stacey Brown		36D Castle Street

 

Reference was made to Article V(b) of the minute of meeting of this Committee held on 1st February, 2024, wherein it was agreed to grant the application and to recall the matter to this meeting of the Committee to ensure outstanding works were completed. 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 continue this matter to the meeting of this Committee to be held on 13th June, 2024 to allow outstanding works to be completed.

 

2

Benny and Santhy Anto

Benny Anto

5 Eastwell Gardens

 

Reference was made to Article IV(b) of the minute of this Committee held on 28th March, 2024, wherein it was agreed to defer consideration of this item to this meeting of the Committee to allow outstanding works to be completed to the satisfaction of the Private Sector Services Manager. 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, the Private Sector Services Manager and the applicant, the Committee agreed to allow the applicant one month to complete outstanding works to the satisfaction of the Private Sector Services Manager and further agreed that if works were not complete to recall the matter to the meeting of this Committee to be held on 23rd May, 2024 for a further 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.

 

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No	Name
1	G B

 

Reference was made to Article V(b) of the minute of meeting of this Committee held on 28th March, 2024, 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 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. The Committee noted that the applicant had failed to submit their Unique Tax Reference Number, ID and photo for badge within the prescribed time period. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be considered incompetent.

 

2

J K

 

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 of the Chief Constable and the applicant, the Committee agreed that the application be granted subject to the applicant submitting all relevant documents to the satisfaction of the Licensing Department and to recall the application to a future meeting of this Committee for an update once J K had held a Taxi Drivers Licence for a period of six months.

 

3

D M

 

Reference was made to Article VI(c) of the minute of meeting of this Committee held on 11th January, 2024, wherein the Committee agreed to defer consideration of the application to this meeting of the Committee to await the outcome of court proceedings. Having heard from the Legal Officer, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 23rd May, 2024 to allow for further information from Police Scotland to be considered.

 

4

D S

 

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. The Committee noted that a letter in support of the application had been received. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, a representative of the Chief Constable, a representative for the applicant and the applicant, the Committee agreed to grant the application subject to all relevant documents being submitted to the satisfaction of the Licensing Department, and to recall the application to a future meeting of this Committee for an update once D S had held a Taxi Drivers Licence for a period of six months.

 

(b) TAXI DRIVER - NEW APPLICATION - UPDATE

 

No	Name
1	A Y

 

Reference was made to Article XI(b) of the minute of meeting of this Committee held on 7th September, 2023, wherein it was agreed to grant the application a period of six months subject to the applicant submitting all relevant documents and to recall this matter to this meeting of the Committee for an update. 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. The Committee noted that a written submission had been received from the applicant. The Committee gave consideration to the written submission. Thereafter, having heard from the Legal Officer and a representative for the Chief Constable, the Committee agreed to take no further action.

 

(c) TAXI DRIVER - RENEWAL APPLICATION

 

No	Name
1	O L

 

Reference was made to Article V(c) of the minute of meeting of this Committee held on 28th March,2024, wherein it was agreed to defer consideration of the application to this meeting of the Committee in order for further details to be ascertained. The Committee noted that letters had been received from the Chief Constable. The Committee gave consideration to the content of the letters. Thereafter, having heard from the Legal Officer, a representative of the Chief Constable and the applicant, the Committee agreed that the application be refused.

 

(d) TAXI DRIVER - SUSPENSION HEARINGS

 

No	Name
1	M A

 

The Committee noted that the Taxi Drivers Licence held by M A had been suspended with immediate effect on 9th April, 2024 as he did not currently meet Group 2 Standards in accordance with DVLA guidance. Thereafter, having heard from the Legal Officer and M A, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 13th June, 2024 to await further medical evidence and to continue the suspension of the Taxi Drivers Licence held by M A in the interim period with immediate effect.

 

2

A A

 

The Committee noted that A A was not present and agreed that the matter be considered in their absence. The Committee noted that the Taxi Drivers Licence held by A A had been suspended with immediate effect on 5th April, 2024 as he did not currently meet Group 2 Standards in accordance with DVLA guidance. Thereafter, having heard from the Legal Officer, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 13th June, 2024 to await further medical evidence and to continue the suspension of the Taxi Drivers Licence held by A A in the interim period with immediate effect.

 

3

F D

 

The Committee noted that F D was not present and agreed that the matter be considered in their absence. The Committee noted that the Taxi Drivers Licence held by F D had been suspended with immediate effect on 21st March, 2024 as he did not currently meet Group 2 Standards in accordance with DVLA guidance. Thereafter, having heard from the Legal Officer, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 13th June, 2024 to await further medical evidence and to continue the suspension of the Taxi Drivers Licence held by F D in the interim period with immediate effect.

 

4

M O

 

The Committee noted that M O was not present and agreed that the matter be considered in their absence. The Committee noted that the Taxi Drivers Licence held by M O had been suspended with immediate effect on 9th April, 2024 as he did not currently meet Group 2 Standards in accordance with DVLA guidance. Thereafter, having heard from the Legal Officer, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 5th September, 2024 to await further medical evidence and to continue the suspension of the Taxi Drivers Licence held by M O in the interim period with immediate effect.

 

5

A R

 

Reference was made to Article VII(c) of the minute of meeting of this Committee held on 29th February, 2024, wherein it was agreed to adjourn consideration of the hearing to this meeting of the Committee and to continue the suspension with immediate effect. The Committee noted that A R was not present and agreed to consider the matter in his absence. The Committee noted that the Taxi Drivers Licence held by A R had been suspended with immediate effect on 8th February, 2024 as he did not currently meet Group 2 Standards in accordance with DVLA guidance. The Committee noted that a further medical report had been received. The Committee gave consideration to the content of the report. Thereafter, having heard from the Legal Officer, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 13th June, 2024 to await further medical evidence and to continue the suspension of the Taxi Drivers Licence held by A R in the interim period with immediate effect.

 

6

L G

 

Reference was made to Article VI(c) of the minute of meeting of this Committee held on 1st February, 2024, wherein it was agreed to adjourn consideration of the hearing to this meeting of the Committee and to continue the suspension with immediate effect. 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 a representative for L G, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 13th June, 2024 to allow L G to complete a driver awareness course, and to uplift the immediate suspension of the Taxi Drivers Licence held by L G in the intervening period with immediate effect.

 

7

R M

 

Reference was made to Article V(d) of the minute of meeting of this Committee held on 28th March, 2024, wherein it was agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 25th April, 2024 and to continue the suspension with immediate effect. The Committee noted that R M was not present and agreed to consider the matter in his absence. 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 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 23rd May, 2024 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by R M in the interim period with immediate effect.

 

8

N M

 

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 8th April, 2024, wherein it was agreed that the Taxi Drivers Licence held by N M be suspended with immediate effect and that a suspension hearing be held on 25th April, 2024 in relation to the fitness of N M to be the holder of a Taxi Drivers Licence. 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 a representative for N M, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 5th September, 2024 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by N M in the interim period with immediate effect.

 

(f) TAXI OPERATOR - REQUESTS FOR VARIATION

 

There were submitted the undernoted requests.

 

No	Name
1	M A

 

Reference was made to Article V(e) of the minute of meeting of this Committee held on 28th March, 2024, wherein it was agreed to defer consideration of the matter to this meeting of the Committee to allow the applicant to be in attendance. The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and a representative for M A, the Committee agreed to defer consideration of the request to the meeting of this Committee to be held on 13th June, 2024 to allow M A to submit further medical evidence. The Committee further agreed to grant M A a Wheelchair Exemption Certificate.

 

2

V B

 

The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and V B, the Committee agreed to defer consideration of the request to the meeting of this Committee to be held on 13th June, 2024 to allow V B to submit further medical evidence. The Committee further agreed to grant V B a Wheelchair Exemption Certificate.

 

3

K L

 

The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and K L, the Committee agreed to defer consideration of the request to the meeting of this Committee to be held on 13th June, 2024 to allow K L to submit further medical evidence. The Committee further agreed to grant K L a Wheelchair Exemption Certificate.

 

(g) WINDOW CLEANER - NEW APPLICATION

 

No	Name
1	H R

 

Reference was made to Article V(f) of the minute of meeting of this Committee held on 28th March, 2024, wherein it was agreed to defer consideration of the application to this meeting of the Committee to await the outcome of court proceedings and to allow the applicant to be in attendance. 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 and a representative of the Chief Constable, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 5th September, 2024 to await the outcome of court proceedings and to allow the applicant to be in attendance.

 

(h) TAXI DRIVER - REQUEST FOR SUSPENSION HEARING

 

No	Name
1	S P

 

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, the Committee agreed that a hearing to consider S Ps fitness to hold a Taxi Drivers Licence be held at the meeting of the Licensing Sub-Committee to be held on 13th June, 2024.

 

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

 

No	Name
1	A C

 

The Committee noted that a letter of information had been received from a Civic 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 A Cs fitness to hold a Taxi Drivers Licence and a Taxi Operators Licence be held at a meeting of the Licensing Sub-Committee to be held on 13th June, 2024.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held remotely on 28th March, 2024.

 

APPENDIX I

 

Present:-

 

Bailie Christina ROBERTS

 

COUNCILLORS

 

Stewart HUNTER

George McIRVINE

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

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

 

There were no declarations of interest.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) STREET TRADER - SUSPENSION HEARING

 

No	Name
1	D M

 

Having heard from the Legal Officer, the Sub-Committee noted that no further action was required as the Street Traders Licence held by D M had been surrendered.

 

(b) TAXI DRIVER - SUSPENSION HEARINGS

 

No	Name
1	G P

 

Reference was made to Article II(a) of the minute of meeting of this Sub-Committee held on 11th January, 2024, wherein it was agreed to adjourn consideration of the hearing to await the outcome of court proceedings. The Sub-Committee noted that G P was not present and agreed to consider the matter in their absence. The Sub-Committee noted that a letter of information had been received from the Chief Constable. The Sub-Committee gave consideration to the content of the letter. The Sub-Committee noted that a written submission had been received from G P. The Sub-Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Sub-Committee agreed to adjourn consideration of the hearing to the meeting of the Licensing Sub-Committee to be held on 13th June, 2024 to await the outcome of court proceedings.

 

2

R T

 

Reference was made to Article II(a) of the minute of meeting of this Sub-Committee held on 11th January, 2024, wherein it was agreed to adjourn consideration of the hearing to await the outcome of court proceedings. The Sub-Committee noted that R T was not present and agreed to consider the matter in their absence. The Sub-Committee noted that a letter of information had been received from the Chief Constable. The Sub-Committee gave consideration to the content of the letter.

 

Thereafter, having heard from the Legal Officer, and the representative of the Chief Constable, the Sub-Committee noted that the Chief Constable had withdrawn the letter of information and agreed to take no further action.

 

(c) TAXI OPERATOR - SUSPENSION HEARINGS

 

No	Name
1	Company S

 

Reference was made to Article VI(f) of the minute of meeting of the Licensing Committee held on 1st February, 2024, wherein it was agreed to hold a hearing to determine the fitness of Company S to hold a Taxi Operators Licence. The Sub-Committee noted that a report had been received from the Fleet Manager. The Sub-Committee gave consideration to the content of the report. Thereafter, having heard from the Legal Officer, the Fleet Manager and a representative for Company S, the Sub‑Committee agreed to issue a warning to Company S with regards to their fitness to be the holder of a Taxi Operators Licence and the fitness of their vehicle.

 

2

Company D

 

Reference was made to Article VI(f) of the minute of meeting of the Licensing Committee held on 1st February, 2024, wherein it was agreed to hold a hearing to determine the fitness of Company D to hold a Taxi Operators Licence. The Sub-Committee noted that a report had been received from the Fleet Manager. The Sub-Committee gave consideration to the content of the report. The Sub‑Committee noted that a written submission had been received from Company D. The Sub‑Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Fleet Manager and a representative for Company D, the Sub-Committee agreed to issue a warning to Company D with regards to their fitness to be the holder of a Taxi Operators Licence and the condition of their vehicle.

 

(d) TAXI DRIVER AND TAXI OPERATOR - SUSPENSION HEARINGS

 

No	Name
1	A C

 

Reference was made to Article VI(f) of the minute of the meeting of the Licensing Committee held on 1st February, 2024, wherein it was agreed to hold a hearing to determine the fitness of A C to hold a Taxi Operator and Taxi Drivers Licence. The Sub-Committee noted that a report had been received from the Fleet Manager. The Sub-Committee gave consideration to the content of the report. The Sub‑Committee noted that a letter of information had been received from the Chief Constable. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, a representative of the Chief Constable, the Fleet Manager and a representative for A C, the Sub-Committee agreed to adjourn consideration of the hearing to the meeting of this Sub‑Committee to be held on 13th June, 2024 to ascertain whether a fixed penalty had been accepted by A C.

 

2

C S

 

Reference was made to Article VI(f) of the minute of the meeting of the Licensing Committee held on 1st February, 2024, wherein it was agreed to hold a hearing to determine the fitness of C S to hold a Taxi Operator and Taxi Drivers Licence. The Sub-Committee noted that a letter had been received from the Fleet Manager. The Sub-Committee gave consideration to the content of the letter and reviewed CCTV footage of the alleged incident. Thereafter, having heard from the Legal Officer, the

 

Fleet Manager and a representative for C S, the Sub-Committee agreed to issue a warning with regards to the future conduct of C S.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held remotely on 8th April, 2024.

 

APPENDIX II

 

Present:-

 

Councillor Stewart HUNTER

Councillor Mark FLYNN

Councillor Wendy SCULLIN

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

Unless marked thus * all items stand delegated.

 

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

 

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

 

I DECLARATION OF INTEREST

 

There were no declarations of interest.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI OPERATORS LICENCE AND TAXI DRIVERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of N M during the currency of their Taxi Operator and Taxi Driver Licences.

 

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 N M be suspended with immediate effect and that a suspension hearing be held on 25th April, 2024 in relation to the fitness of N M to be the holder of a Taxi Drivers Licence. No action would be taken in relation to the Taxi Operators Licence held by N M during the intervening period.

 

 

 

 

Stewart HUNTER, Convener.