Licensing Committee - 05/06/2014

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th June, 2014.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 1st May, 2014 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillors Brennan and Bidwell declared a non-financial interest in the item of business at Article VI(i) of the minute by virtue of the licence holder being known to them in a personal capacity and left the Chamber prior to its consideration. Councillors Brennan and Bidwell re-entered the Chamber prior to consideration of the item of business at Article VII(a)(i) of this minute.

Councillor Alexander declared a non-financial interest in the items of business at Articles VI(i) and VII(a)(i) by virtue of the licence holder and the applicant being known to him in a personal capacity and left the Chamber prior to their consideration. Councillor Alexander re-entered the Chamber prior to consideration of the item of business at Article VII(b).

Councillor Black declared a non-financial interest in the items of business at Article V and Article VI(i) by virtue of the licence holders being known to him in a personal capacity and left the Chamber prior to their consideration. Councillor Black re-entered the Chamber prior to consideration of item of business at Article VI(i).

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 1st May, 2014 was submitted for information and record purposes, a copy of which is attached to this minute as an Appendix.

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.

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

(b) PRIVATE HIRE OPERATORS LICENCE - REQUESTS FOR VARIATION

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2, the Committee gave consideration to the requests for variation as submitted. Thereafter, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 3, the Committee noted that the Convener had agreed that this 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 Committee gave consideration to the request for variation as submitted. Thereafter, there being no objections, the Committee agreed that the application be granted.

(c) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a letter of objection had been submitted by the Planning Department relevant to this application as the planning consent stated that the premises should only be used as a go-karting centre only. The Committee noted that the applicant had also requested that the premises be used as a laser tag premises.

The Committee gave consideration to the content of the letter.

Thereafter, having considered the advice of the Legal Officer, and having heard the applicant on their own behalf, and noting that the applicant had withdrawn his request that the premises be used as a laser tag premises, the Committee agreed that the application be granted.

(d) STREET TRADERS LICENCE - NEW APPLICATIONS AND REQUESTS FOR VARIATIONS

There were submitted the undernoted applications.

In the case of Application No 1, application was made to vary Conditions 9 and 10 which required the vehicle to be moved every 15 minutes and not return within one hour. The Committee noted that the applicant had permission to site her vehicle at the car park of Unit 5, Block 5, Noble Road, Wester Gourdie Industrial Estate. The Committee also noted that an objection had been received from the Planning Department indicating that planning consent for change of use of land was required and that Ms D'Cruz's Unique Tax Reference Number was still outstanding.

Thereafter, having heard the applicant on her own behalf and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the September meeting of this Committee to allow for planning matters to be resolved, and for the applicant to submit her Unique Tax Reference Number.

In the case of Application No 2, the Committee noted that application had been made to vary Conditions 9 and 10 which required the vehicle to be moved every 15 minutes and not return within one hour and that the vehicle still had to be inspected by the Environmental Health and Trading Standards Department. The Committee also noted that an objection had been received from the Planning Department indicating that planning consent for change of use of land was required.

Thereafter, having considered the advice of the Legal Officer, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 26th June, 2014 to allow outstanding matters to be resolved.

In the case of Application No 3, reference was made to Article III(d)(i) of the minute of meeting of this Committee held on 27th March, 2014, wherein the Committee agreed to defer consideration of the application by Mr Adam Gierack for a Street Traders Licence to allow for an inspection of the non-motorised rickshaw to take place.

There was submitted a statement on how the rickshaw would be operated, together with a risk assessment and business plan. There were also submitted letters of objection which had been received from Unite the Union (Taxi Branch) and Dundee Taxi Association. Thereafter, having heard the representatives of Dundee Taxi Association and Unite the Union, the Health and Safety Officer, the applicant on their own behalf, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, Councillor Hunter, seconded by Councillor Bowes, moved that the application be granted, subject to the following conditions; that the applicant successfully completed their Highway Code Theory Test; a yearly test of the non-motorised rickshaw be carried out at an approved testing centre; that the area of operation be limited to the city centre up to the university, similar to the area adopted for late hours catering policies be applied; that the time period of operation be restricted to up until 10.00 pm every evening on weekdays; that the applicant complete an approved taxi driver training course by 2017; the applicant submit a medical certificate to the satisfaction of Licensing Department; and that the application be reviewed in September, 2014, and, also that, separate to this application, that any other future applicants for non-motorised rickshaws be subject to the same conditions in relation to the need to pass Highway Code Theory Tests, yearly test of the vehicle in use, restrictions on the area of operation and the requirement to submit a medical certificate and completion of the taxi driver training course.

As an amendment, Councillor Alexander, seconded by Councillor Black, moved that the application be granted, subject to the same conditions except that the area of operation not be restricted.

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

In the case of Application No 4, the Committee noted that application had been made to vary Conditions 9 and 10 which required the vehicle to be moved every 15 minutes and not return within one hour and that the vehicle had still to be inspected by the Environmental Health and Trading Standards Department and that an objection had been submitted by the Planning Department indicating that planning consent for change of use of land was required.

Thereafter, having heard the applicant on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred until the meeting of this Committee to be held on 26th June, 2014 to allow the applicant to contact the Licensing Department on requirements in relation to their application and further that a report on policy in relation to street traders be submitted to a meeting of this Committee to be held in September, 2014.

(e) TAXI DRIVER TRAINING

It was reported that following a pilot training course held in January a training proposal from Dundee and Angus College had been submitted.

The Committee gave consideration to the contents of the proposal. The proposal included the main aspects of the pilot course with some minor amendments and the inclusion of a module on World Host Principles of Customer Services. It was recommended that the Committee agree that the course be added to the list of approved training courses. It was further recommended that the Committee agree that it be a condition of all Taxi Driver's Licences that the driver must pass an approved training course by 31st May, 2017 (the date of the next renewal). Failure to pass the course would result in the licence not being renewed.

In the case of this item of business, the Committee noted that a deputation request had been submitted by the GMB Union in objection to the content of the course.

The Committee agreed to hear the deputation.

Thereafter, having heard the deputation, and the training representative on behalf of the training providers, and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 26th June, 2014 to allow for the training provider to be present and for a briefing session to be held with the Committee, the deputation, and representatives of the training provider, to outline the training process.

(f) TAXI DRIVER LICENCE - NEW APPLICATIONS

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant had failed to pass the Street Test within the prescribed period and agreed that the application be refused.

(g) TAXI LICENCE - NEW APPLICATIONS

There was submitted an application by Tricolour Leasing Limited for 10 taxi licences. The Committee noted that the current policy in relation to the granting of taxi licences was the number of taxi licences be limited to 611 and that a further survey of demand study would be held when the number of taxis fell below that limit.

The Committee noted that an objection had been submitted by the Dundee Taxi Association relevant to this application. Thereafter, having heard the objector, and the applicant on their own behalf, and consideration of the advice of the Legal Officer, and receiving confirmation that the current number of taxi licences in operation within Dundee was 620, the Committee agreed the application be refused.

IV HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that a letter of observation had been submitted by the Housing Department relative to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, and receiving confirmation that Scottish Fire and Rescue had no objections to the application, and having heard an agent on behalf of the applicant, the Committee agreed that the application be granted.

In the case of Application No 3, having heard a representative of the Housing Department, and the applicant on their own behalf, the Committee agreed that the application be granted.

In the case of Application Nos 2, 4, 5 and 8, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application Nos 6 and 7, 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 9 to 14, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There was submitted the undernoted application.

In the case of this application, having heard a representative of the Housing Department, and the applicant on their own behalf, the Committee agreed that the application be granted.

(c) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS - UPDATES

There were submitted the undernoted applications.

In the case of Application Nos 1 to 3, reference was made to Article V of minute of meeting of this Committee held on 6th March, 2014, wherein the variations were granted subject to the applications being recalled to this meeting with an update from the Private Sector Services Manager. Thereafter, having heard a representative of the Housing Department, and the applicants on their own behalf, the Committee noted that there were no adverse observations to report on the operation of the licences and agreed that no further action be taken, and that the variations be recalled to a meeting of this Committee to be held in a year's time with an update from the Housing Department.

In the case of Application No 4, reference was made to Article IV(b)(i) of minute of meeting of this Committee held on 5th December, 2013, wherein application was granted subject to the application being recalled with an update from the Housing Department at this meeting of the Committee. Thereafter, having heard a representative of the Housing Department, and an agent on behalf of the applicant, the Committee noted that no action was required and that application was awaited on a further request for variation to appoint a new day to day manager.

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.

V HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

Reference was made to Article V of the minute of meeting of this Committee held on 27th March, 2014, wherein it was agreed that consideration of the applications for variation be deferred to this meeting.

Thereafter, having heard a representative of the Housing Department, and consideration of the advice of the Legal Officer, there being no objections, the Committee agreed that the applications for variation be granted as submitted.

(b) REVOCATION HEARINGS

Reference was made to Article VI of the minute of meeting of this Committee held on 27th March, 2014, wherein it was agreed to adjourn the revocation hearings in terms of Section 139 of the above Act to determine Mr P Js fitness to hold licences and to act as day to day manager and to allow Mr P J to submit relevant paperwork to the Housing Department in relation to the nomination of an alternative manager to be secured for the addresses as submitted.

The original letter of complaint submitted by the Housing Department was submitted. Thereafter, having heard a representative of the Housing Department, and consideration of the advice of the Legal Officer, the Committee agreed that the matter be adjourned until the meeting of this Committee to be held in September, 2014.

VI ANTI-SOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 - REGISTRATION OF CERTAIN LANDLORDS

(i) Reference was made to Article VII of the minute of meeting of this Committee held on 27th March, 2014, wherein it was agreed that consideration of the hearing in relation to the suitability of Mr P J to be registered as landlord be adjourned to this meeting to allow Mr P J to consider putting in place alternative management arrangements. The original letter of complaint from the Housing Department was submitted. Thereafter, having heard a representative of the Housing Department, and consideration of the advice of the Legal Officer, the Committee agreed that the matter be recalled to a meeting of this Committee to be held in September, 2014.

(ii) Reference was made to Article VII(ii) of the minute of meeting of this Committee held on 27th March, 2014, wherein it was agreed to adjourn the hearing in relation to the suitability of Ms M H to be registered as a landlord be adjourned to this meeting to allow the licence holder to be present. There was submitted the original complaint from the Housing Department relevant to this matter and a letter of support from an agent on behalf of the licence holder.

Thereafter, having heard a representative of the Housing Department, a representative on behalf of the licence holder, and consideration of the advice of the Legal Officer, the Committee agreed that the matter be adjourned to the meeting of the Committee to be held on 4th September, 2014.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SKIN PIERCING AND TATTOOIST LICENCE - NEW APPLICATION

There was submitted an application by Mr D F for a Skin Piercing and Tattooist Licence.

There was submitted a letter of representation from Police Scotland relevant to this application. The Committee gave consideration to the content of the letter. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and, after hearing the Chief Constables representative as to their age and nature of the spent convictions, the Committee agreed that they be considered since justice could not otherwise be done.

The Committee gave consideration to the content of the letter of representation from Police Scotland.

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

(b) TAXI DRIVER'S LICENCE - NEW APPLICATION

Reference was made to Article VIII(e)(ii) of the minute of meeting of this Committee held on 1st May, 2014, wherein it was agreed to defer consideration of the application by Ms R S for a Taxi Drivers Licence to allow the applicant to submit her Unique Tax Reference Number and to receive confirmation from the applicants GP that she met Group 2 standards.

There was submitted an application by Ms R S for a Taxi Driver's Licence. The Committee noted that the applicant was not present and agreed that the application be considered in their absence. There was submitted a supporting document from the applicant's general practitioner, together with a medical examination report from a separate general practitioner, and a copy of the original letter of representation which had been submitted by Police Scotland, together with a further letter from Police Scotland. The Committee gave consideration to the content of the documentation, together with documentation which had been tabled by the Clerk. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article VI(c)(i) of the minute of meeting of the Licensing Sub‑Committee held on 6th March, 2014, wherein it was agreed that Mr M A attend OHSAS to establish his fitness to be the holder of a Taxi Driver's Licence.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr M A during the currency of his Taxi Drivers Licence and a letter of complaint from a member of the Licensing staff.

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

The Committee gave consideration to the content of both letters. Thereafter, having heard a representative of the Chief Constable, the Clerk and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held on 26th June, 2014 to allow for a report to be submitted from OHSAS on the fitness of Mr M A to be the holder of a Taxi Driver's Licence.

(ii) Reference was made to Article VIII(c)(iii) of the minute of meeting of this Committee held on 27th March, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C S during the currency of his Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr C S with immediate effect.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr C S during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed to further adjourn the hearing until the meeting of this Committee to be held on 4th September, 2014 to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr C S with immediate effect and that should any application be submitted by Mr C S for renewal of his Taxi Driver's Licence that that also be submitted for consideration to that Committee.

(d) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

Reference was made to Article VII(c) of the minute of meeting of 6th February, 2014, wherein it was agreed to adjourn the suspension hearing in relation to the fitness of Mr T F to be the holder of a Taxi Driver's Licence and Taxi Operator's Licence to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr T F with immediate effect.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr T F during the currency of his Taxi Driver and Taxi Operators Licences.

The 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 Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr T F with immediate effect and that a fresh hearing be convened at the meeting of the Licensing Committee to be held on 4th September, 2014, and that no further action be taken in relation to the Taxi Operators Licence held by Mr T F in the intervening period and that should any application be submitted by Mr T F for renewal of his Taxi Driver's Licence and Taxi Operator's Licence that they also be submitted for consideration to that Committee.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 1st May, 2014.

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Tom FERGUSON

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

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

I DECLARATION OF INTEREST

There were no declarations of interest.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - REQUEST FOR HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C K during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr C K to be the holder of a Taxi Driver's Licence.

The Convener agreed that the undernoted item of business (ii) be considered as a matter of urgency in terms of Standing Order 17(b) in view of the timescales involved.

(ii) There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr K G during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr K G to be the holder of a Taxi Driver's Licence.

(b) TAXI OPERATOR'S LICENCE - REQUEST FOR HEARING

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr K R and Mr A N during the currency of their Taxi Operator's Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr K R and Mr A N to be the holders of a Taxi Operator's Licence.

Stewart HUNTER, Convener.