Licensing Committee - 26/09/2024

At a MEETING of the LICENSING COMMITTEE held remotely on 26th September, 2024.

Present:-

Depute Lord Provost Kevin CORDELL

Bailie Christina ROBERTS

COUNCILLORS

Stewart HUNTER	Roisin SMITH	Daniel COLEMAN
	Wendy SCULLIN

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 5th September, 2024 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II 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.

LATE HOURS CATERING - NEW APPLICATION

Name

Address

Altea 4 Restaurants Ltd

McDonalds Restaurant, 4 Dayton Drive

PUBLIC ENTERTAINMENT NEW APPLICATIONS

Name

Location

Date of Event

Finmill Centre LMG

Fintry Parish Church

07.09.2024

Live Tour Promotions Ltd

Slessor Gardens

06.09.2024 - 08.09.2024

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

Name

Kawser Chowdhary

Garry Hunter

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

Name

Address of Premises

Amy Greenhill

Earl Grey Studio, 26 East Dock Street

Harrison McPhee

Earl Grey Studio, 26 East Dock Street

STREET TRADER - NEW APPLICATION

Name

Rhys M Stewart

TAXI DRIVER - NEW APPLICATION

Name

Brian P McGarrity

(b) TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

Name

Vijender Singh

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that the applicant had failed to submit his SVQ, medical, UTRN, pass the street knowledge test and name an operator within the prescribed time. There were no objections to the application. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be considered incompetent.

2	Shaun Workala

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that the applicant had failed to submit his, SVQ, medical, UTRN and name an operator within the prescribed time. There were no objections to the application. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be considered incompetent.

3	Ben Walker

It was reported that in terms of the agreed formula the proposed increase using transport indices was 12.72% which would bring about the following changes to the tariffs which were recommended for approval. The proposals would have to be advertised and, subject to any public objections or appeal to the Traffic Commissioner, the new scales would take effect from 1st December, 2024. The undernoted increases in fares would apply to the initial charge and the mileage rates.

Tariff 1 (daytime) 3.75 increasing to 4.20 and each additional 1/10th of a mile to increase from 19p to 22p.

Tariff 2 (weekday evenings) 4.09 increasing to 4.62 and each additional 1/10th of a mile to increase from 21p to 24p.

Tariff 3 (weekend evenings) 4.43 increasing to 5.04 and each additional 1/10th of a mile to increase from 23p to 26p.

Tariff 4 (festive period) 5.11 increasing to 5.58 and each additional 1/10th of a mile to increase from 26p to 31p.

The Committee noted the proposed increases accordingly and approved that they be advertised as recommended.

(d) TAXI AND PRIVATE HIRE CAR UNMET DEMAND AND OVERPROVISION SURVEY REPORTS

There was submitted a copy of the Taxi Demand Study and the Private Hire Car Overprovision Study for the approval of the Committee.

(i) The Private Hire report recommended that as there was a state of overprovision of private hire cars in Dundee, that the Committee accept the recommendation as a proposal for consultation purposes and that the locality for the determination of overprovision be the whole of the Dundee City Council area, since private hire cars were not subject to any internal geographic restrictions. This would be a provisional finding that there was such overprovision within that stated locality. The Head of Democratic and Legal Services and the Licensing Office would then arrange for a public consultation on any such proposal and a report thereon would be submitted to the Committee in due course. The suggested consultation period would run until 20th December, 2024.

(ii) The taxi unmet demand report suggested that there may now be a situation where licences could be granted and that the limit be reduced to 469. The current number of Taxi Licences in the Dundee City area was 455. In that event, the Committee would require to determine a mechanism for the grant of new licences and which types of vehicle should be placed on service by any prospective operators. The Committee were aware that there were three potential policy issues here which would be affected by the grant of any new licences, namely, the previously adopted target of a 60%/40% WAV to saloon ratio in the overall taxi fleet; the corporate plate policy; and the policy which required all new vehicles to be electric cars. Accordingly, it was recommended that the Head of Democratic and Legal Services and the Licensing Office be instructed to carry out a consultation (i) to determine if the 60/40 ratio was still appropriate; (ii) should the electric cars only policy for new licences be retained or should other types of vehicle be allowed; (iii) should the corporate plate policy be revised to allow other types of vehicle to be placed on service; and (iv) how any new licences which may become available should be allocated. The suggested period for this consultation was for it to run until mid-January 2025 given the range of issues involved and a report would thereafter be submitted to the Committee for a final decision to be made.

The Committee approved the recommendations in both reports and agreed that the Head of Democratic and Legal Services and the Licensing Office undertake the necessary consultations.

III 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	Nilupul Foundation	Easylets Ltd	22 New Inn Entry (2nd & 3rd Floor)
2	Peter & Deborah Nowottny	Finlayson Gore Ltd	1D Wellington Street
3	Peter & Deborah Nowottny	Finlayson Gore Ltd	3/2, 5 Blackness Avenue
4	John, Margaret, Michael & Nicholas Brennan	Finlayson Gore Ltd	12 Constitution Court
5	Christopher Logan	Finlayson Gore Ltd	37 Taylors Lane
6	Jennifer Foley	Jennifer Foley	93C Commercial Street
7	Md Rasel & Kristine Sarkar	Md Rasel Sarkar	5 Cleghorn Street

(b) HOUSES IN MULTIPLE OCCUPATION NEW APPLICATION

There was submitted the undernoted application.

Name

Person Responsible

Address

Dundee City Council

Dundee City Council Children & Families

7 Fairbairn Street

Reference was made to Article II(d) of the minute of meeting of this Committee held on 8th August, 2024, where it had been agreed to defer the application to allow for consideration of the building standards report. The Committee gave consideration to the content of the building standards report. Thereafter, having heard from the Legal Officer, the Private Sector Services Manager and a representative for the applicant, the Committee agreed to grant the request for a further extension to 7th October, 2024.

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

(a) SHORT-TERM LETS NEW APPLICATIONS

There was submitted the undernoted applications:-

Classified Properties Ltd

Khalid Mehmood

38 Unicorn Court

Reference was made to Article V(a)(3) of the minute of meeting of this Committee held on 5th September, 2024, wherein it was agreed to defer the application to allow checks to be made on the posting of the notice. Thereafter, having heard from the Legal Officer, the Private Sector Services Manager and the applicant, the Committee agreed that the application be considered incompetent.

Aliona & Hugh Levins

Aliona Levins

596 Perth Road

Reference was made to Article III(b)(8) of the minute of meeting of this Committee held on 8th August, 2024 and Article IV(b)(1) of the minute of meeting of this Committee held on 5th September, 2024, wherein it was agreed to defer the application to allow the applicant to be in attendance. 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 5m public liability insurance being obtained and submitted to the Private Sector Services Manager by 7th November, 2024 and the Portable Appliance Test being submitted to the Private Sector Services Manager by 7th November, 2024, noting that if these were not provided the licence could be subject to revocation.

Angela Walters

11 Sunnybrae Terrace

Reference was made to Article IV(b)(5) of the minute of meeting of this Committee held on 5th September, 2024, wherein it was agreed to defer the application to allow the applicant to be in attendance. Thereafter, having heard from the Legal Officer, the Private Sector Services Manager and the applicant, the Committee agreed to grant the application subject to 5m public liability insurance being obtained and submitted to the Private Sector Services Manager by 7th November, 2024 and subject to outstanding works being completed to the satisfaction of the Private Sector Services Manager by 7th November, 2024.

Adrian Harry

2/2, 24 Gardner Street

The Committee, having heard from the Legal Officer, noted that this application had been withdrawn from consideration.

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) HEARINGS

No	Name
1	J C
2	J C
3	J C
4	D M
5	D M
6	D M
7	D M
8	D M
9	D M

There was submitted a note of information from the Licensing Section advising of the position in relation to HMO Licences, as detailed in the note.

Thereafter, having heard from the Legal Officer, the Private Sector Services Manager and the applicant, the Committee agreed to defer consideration of the applications to the meeting of this Committee to be held on 7th November 2024.

VI ANTISOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004; LANDLORD REGISTRATION

There was submitted the undernoted application.

(a) LANDLORD REGISTRATION NEW APPLICATION

Name

P C

Having heard from the Legal Officer, the Chief Constables representative and the Private Sector Services Manager, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 7th November, 2024 to allow the applicant to be in attendance.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - SUSPENSION HEARING - MEDICAL

Name

M A

The Committee noted that M A was not present. Having heard from the Legal Officer, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by M A for the unexpired period which could be recalled if M A met the Group 2 standards at any stage.

M D

The Committee noted that the Taxi Drivers Licence held by M D had been suspended with immediate effect on the 18th June, 2024 as he did not currently meet Group 2 standards in accordance with DVLA guidance. A report dated 30th July, 2024 had been received from the PAM Group. The Committee gave consideration to the content of the report. Thereafter, having heard from the Legal Officer and an agent for the applicant, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 7th November, 2024 to await further medical evidence and to continue the suspension of the Taxi Drivers Licence held by M D with immediate effect.

(b) PRIVATE HIRE DRIVER/PRIVATE HIRE OPERATOR/TAXI DRIVER - NEW APPLICATION SUSPENSION HEARING

Name

S M

The Committee noted that a letter had been received from the Licensing Standards Officer. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Licensing Standards Officer and the applicant, the Committee agreed to refuse the application. The Committee further agreed to revoke the Private Hire Driver and Private Hire Operator licences.

Stewart HUNTER, Convener.