Licensing Committee - 31/03/2011

At a MEETING of the LICENSING COMMITTEE held at Dundee on 31st March, 2011.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

Bailie Roderick A J WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 22nd March, 2011 was held as read.

Unless marked thus * all items stand delegated.

I DEPUTATIONS

It was reported that deputations relative to Article III, Policy on Taxi Licences, had been received from the following organisations:-

(a) Dundee Hackney Association

(b) Dundee Taxi Association

(c) Unite the Union (Taxi Branch)

(d) Celebrate Age Network

(e) Tay Taxis

(f) Dundee Private Hire Ltd

The Committee heard the deputations.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 28th February, 3rd March, 14th March and 21st March, 2011, were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II, III and IV.

III POLICY ON TAXI LICENCES

There was submitted Report No 187-2011 by the Depute Chief Executive (Support Services) to consider the Committee's policy on the grant of taxi licences in the City of Dundee.

The following Options were available to the Committee if it wished to change the policy:-

2.1 Option 1 - Re-Impose a Limit with an Accompanying Change in Vehicle Specification.

A survey would require to be instructed to ascertain the level of demand for taxis in the City. This would also require to contain a mechanism for regularly reviewing the level of demand pending the carrying out of any future surveys. The Committee would then set a programme for existing operators with non-wheelchair accessible vehicles to convert to wheelchair accessible vehicles (WAV's). A transitional period would require to be fixed in this regard and also whether the list of vehicles to be approved should be limited to those with European Whole Volume Type Approval or extended to include Low Volume vehicles. This would require further consultation with interested parties.

Option 2 - Keep the Existing Policy and Require Non-WAV Operators to Convert their Vehicles.

Under this option, the Committee would not instruct a survey and would continue to grant taxi licences to new applicants with WAV's. However, existing non-WAV operators would require to convert to WAV's by a set date and consideration given as to which vehicles would be approved as suitable by the Committee, similar to Option 1 above. This would also require further consultation before being implemented.

2.2 In the event that the Committee decided to implement Option 1, it was recommended that existing saloon taxi licence holders be allowed to apply in corporate names for new licences for WAV's from the list ultimately approved following consultation and that such applications would be exempt from the policy to limit the number of taxis provided they were prepared to surrender their current licence.

Following consideration of the report and having heard the deputations and consideration of the advice of the Depute Chief Executive (Support Services) and the Legal Officer, the Convener, seconded by Councillor Ferguson, moved that Option 1 be adopted.

As an amendment, Councillor Hunter, seconded by Councillor Fordyce, moved that the report be deferred for further consultation.

On a division, there voted for the motion - Bailie Wallace, Councillors Bidwell and Ferguson (3); and for the amendment - Councillors Black, Bowes, Fordyce and Hunter (4) - whereupon the amendment was declared carried and the report was deferred.

IV COMPOSITION OF TAXI LIAISON GROUP

There was submitted Agenda Note AN55-2011 reporting that, at present, the Taxi Liaison Group ("the Group") was made up of one representative of each of the following organisations:-

Dundee Taxi Association

Unite the Union

Dundee Hackney Association

Dundee 505050 Ltd

Tele Taxis

Tay Taxis

Handy Taxis

Dundee Private Hire Ltd

Stretched Limousines

In addition, there were a number of Council officers and officers from Tayside Police who attended in a professional capacity. All elected members on the Licensing Committee were also members of the Group.

The Liaison Group performed a similar function to the Dundee Licensing Forum (DLF) in respect of liquor licensing ie to discuss matters pertaining to the operation of the Civic Government (Scotland) Act 1982 and other relevant legislation and to make recommendations to the Licensing Committee. In order to maintain its independence from the Licensing Board, no members of the Board were also members of the DLF. It was desirable for the same considerations to apply to the membership of the Group. To this end, it was recommended that elected members no longer be members of the Liaison Group or attend any of the meetings and that the Group be composed of the trade representatives, together with officers of the Council and Tayside Police. Minutes of the Group would continue to be submitted to the Licensing Committee for information purposes, as at present.

The Committee agreed to the terms as outlined above.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

There was submitted the undernoted list of new applications granted under delegated powers.

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

SECOND HAND DEALERS - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATIONS

THEATRE LICENCE - NEW APPLICATION

The Committee agreed:-

(i) to note the content of the list; and

(ii) to note that both John Drummond and Derek Hogg should be listed under Taxi Operator New Applications and not Private Hire Operators, as submitted on the list of applications by the Licensing Office under delegated powers.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2 and 5 to 15, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicants, agreed that the applications be granted.

In the case of Application Nos 3 and 4, the Committee, having heard a representative of the Housing Department, the applicants on their own behalf and consideration of the advice of the Legal Officer, agreed that consideration of the applications be deferred to the next meeting of the Committee in order that a suitable manager be appointed by the applicants.

(c) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted requests for variation.

(1) 40 Thomson Street to change the occupancy (within a band width) from 6 to 7.

(2) 2/2, 10 Victoria Chambers to change the day to day manager to J & E Shepherd.

(3) Flat 4/R, 45 Commercial Street to change the day to day manager to 2 Rent Me Property Management/Richard Hawkins.

(4) 46 Ladywell Avenue to change the day to day manager to Robertson Property Management/Duncan Robertson.

(5) 27 Larch Street to change the day to day manager to Grant Management.

(6) 26 Springfield to change the occupancy (within a ban width) from 6 to 7.

(7) 1 Tayfield Place to change the day to day manager to I B Murray/Bryan Murray.

In the case of Request Nos 1 to 7, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

(d) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications for renewal.

In the case of Application No 1, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager, relevant to this application. Thereafter, having heard a representative of the Housing Department and a representative on behalf of the applicant, the Committee agreed that the application be granted, subject to the applicant's compliance with the observations contained in the said letter.

In the case of Application Nos 2 to 6, the Committee gave consideration to the content of letters of objection which had been submitted by the Private Sector Services Manager, relevant to these applications. Thereafter, having heard a representative of the Housing Department and an agent on behalf of the applicants, the Committee agreed that the applications be granted.

In the case of Application Nos 7 and 9, the Committee gave consideration to the contents of letters of representation which had been submitted by the Private Sector Services Manager, relevant to these applications. Thereafter, having heard a representative of the Housing Department and an agent on behalf of the applicants, the Committee agreed that the applications be granted, subject to restricted conditions as outlined in the said letters.

In the case of Application No 8, the Committee noted that the applicant was not present and agreed to defer consideration of the application to allow the applicant to be present.

In the case of Application No 10, the Committee gave consideration to the content of a letter of representation which had been submitted by the Private Sector Services Manager, relevant to this application. Thereafter, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted, subject to conditions outlined in the said letter and an inspection being carried out to the satisfaction of the Housing Department and Tayside Fire and Rescue.

(e) HOUSES IN MULTIPLE OCCUPATION - FEES

There was submitted Agenda Note AN56-2011 reporting that HMO Fees required to be reviewed to take into account increased staffing costs to the Council and increased charges from Tayside Fire and Rescue.

The Committee agreed:-

(i) to the fees as outlined in the note; and

(ii) to note that following consultation with the Director of Finance that all other fees under the Civic Government (Scotland) Act 1982 would not be increased as intimated by the Clerk.

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

PRIVATE HIRE OPERATOR'S LICENCE - NEW APPLICATION

There was submitted an application by Mr G A for a Private Hire Operator's Licence.

The Committee gave consideration to a letter of representation from the Chief Constable relevant to this application, part of which referred to convictions which were spent in terms of the Rehabilitation of Offenders' Act.

The Committee, having heard the age and nature of the convictions, agreed that they be admitted since justice could not otherwise be done.

Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until May 2012.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 20th February, 2011, wherein the Taxi Driver's Licence held by Mr G A was suspended with immediate effect.

There was submitted a letter from the Chief Constable relevant to the alleged conduct of Mr G A during the currency of his Taxi Driver's Licence.

The Committee, having heard the Clerk, noted that no further action was required by the Committee as the driving licence held by Mr G A was now forfeit by the Crown.

(ii) Reference was made to Article III(c)(ii) of the minute of meeting of this Committee held on 3rd March, 2011, wherein it was agreed to adjourn the hearing relative to Mr M A.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M A during the currency of his Taxi Driver's Licence.

The Committee, having heard a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, agreed that no further action be taken, subject to the receipt of documentation confirming the licence holder's completion and attendance at a Disability Awareness course with specific regard to the needs of visually impaired people, within seven days of this Committee.

(iii) Reference was made to Article III(c)(iii) of the minute of meeting of this Committee held on 3rd March, 2011, wherein the Committee agreed to adjourn the hearing in relation to Mr S A as he was unable to attend.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S A during the currency of his Taxi Driver's Licence.

The Committee, having heard a representative of the Chief Constable and the licence holder on their own behalf, agreed that consideration of the matter be adjourned until the meeting of this Committee to been held on 12th May, 2011, to allow the outcome of court proceedings.

(iv) Reference was made to Article I(b) of the minute of meeting of the Licensing Sub‑Committee held on 3rd March, 2011, wherein the Taxi Driver's Licence held by Mr J F was suspended with immediate effect.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J F.

The Committee noted that the licence holder was not present, and agreed that the matter be considered in their absence.

Thereafter, having heard a representative of the Chief Constable, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 12th May, 2011, and to continue the suspension of the Taxi Driver's Licence held by Mr J F with immediate effect.

Councillor Elizabeth F Fordyce declared a non-financial interest in the undernoted item of business by virtue of the action taken by a member of her family in a professional capacity and withdrew from the Chamber prior to its consideration.

(v) Reference was made to Article I(b)(ii) of the minute of meeting of Licensing Committee held on 13th January, 2011, wherein it was agreed that a hearing be convened.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr L F during the currency of his Taxi Driver's Licence.

A letter of support from a member of the public was also submitted.

The Committee gave consideration to both submissions.

Thereafter, the Committee agreed to adjourn the hearing until the meeting on 1st September, 2011, at which time, any application submitted for renewal of either Taxi Driver's or Taxi Operator's Licences would also be considered.

Councillor Elizabeth F Fordyce re-entered the Chamber prior to consideration of the undernoted item of business.

(vi) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 3rd March, 2011, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr R N during the currency of his Taxi Driver's Licence.

The Committee gave consideration to a letter submitted by the Environmental Compliance Manager relevant to the alleged conduct of Mr R N during the currency of his Taxi Driver's Licence.

Thereafter, the Committee, having heard the Environmental Compliance Manager, the licence holder on their own behalf and consideration of the advice of the Legal Officer, agreed that the hearing be adjourned until the next meeting of the Committee.

(vii) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 14th March, 2011, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr R W, during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present, and having heard a representative of the Chief Constable, agreed to adjourn the hearing until the meeting of this Committee to be held on 12th May, 2011.

(c) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article I(b) of the minute of meeting of the Licensing Sub‑Committee held on 14th March, 2011, wherein it was agreed to hold suspension hearings in relation to the suitability of Mr A R to be the holder of a Taxi Driver and Taxi Operator's Licence.

The Committee gave consideration of the content of the letter submitted by the Chief Constable, relevant to the alleged conduct of Mr A R during the currency of his Taxi Driver and Taxi Operator's Licences.

Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Clerk, the Committee agreed that no further action be taken in relation to the Taxi Driver and Taxi Operator's Licences held by Mr A R.

Roderick A J WALLACE, Convener.