Licensing Committee - 05/09/2024

At a MEETING of the LICENSING COMMITTEE held remotely on 5th September, 2024.

 

Present:-

 

Depute Lord Provost Kevin CORDELL

Bailie Christina ROBERTS

 

COUNCILLORS

 

Stewart HUNTER	Wendy SCULLIN	Pete SHEARS
Roisin SMITH		Daniel COLEMAN

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 8th August 2024 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATION OF INTEREST

 

Councillor Shears declared an interest in the item of business at Article IV(b)(vi) of this minute by virtue of the objector being known to him in a professional capacity and took no part in the proceedings and withdrew from the meeting during its consideration.

 

Councillor Scullin declared an interest in the item of business at Article II(e) of this minute by virtue of the applicant being known to her and took no part in the proceedings and withdrew from the meeting during its consideration.

 

Councillor Coleman declared an interest in the item of business at Article IV(b)(i) of this minute by virtue of the applicant being known to him and took no part in the proceedings and withdrew from the meeting during its consideration.

 

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.

 

KNIFE DEALER - NEW APPLICATION

 

No	Name
1	David Livingstone

 

PUBLIC ENTERTAINMENT NEW APPLICATIONS

 

No	Name	Location	Date of Event
1	Sweet Productions	The Keiller Centre	13th September to 22nd September, 2024
2	The Kiltwalk	Slessor Gardens	11th August, 2024
3	Sonya MacLachlan	115 Cheviot Crescent	Full
4	Cancer Research UK, Relay for Life	Fairfield Community Sports Hub	17th August, 2024
5	Charles Horne	Caird Park	12th September to 29th September, 2024
6	Charles Horne	Riverside Park	4th October to 13th October, 2024

 

 

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

 

No	Name
1	Harish Singh
2	David Ogilvie
3	Scott Conacher

 

SECOND HAND DEALER - NEW APPLICATION

 

No	Name	Address of Premises
1	Ozkan Sayan	Prime Tech Repair, 38 Whitehall Crescent

 

LATE HOURS CATERING NEW APPLICATIONS

 

No	Name	Address of Premises
1	Altea 4 Restaurants Ltd	McDonalds, Longtown Road
2	Abdel Hamid El-Nakla	Stackd, 39a St Andrews Street

 

TAXI DRIVER - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No	Name
1	Fahad Afzal
2	Adeel Ahmad

 

WINDOW CLEANER - NEW APPLICATION

 

There was submitted the undernoted application.

 

No	Name
1	Joshua Peterson

 

(b) PUBLIC ENTERTAINMENT

 

PROPOSED AMENDMENTS TO THE PUBLIC ENTERTAINMENT LICENCE RESOLUTION

 

There was submitted an Agenda Note proposing the following amendments to the Public Entertainment Resolution.

 

1. On 29th March 2018, the Licensing Committee adopted the resolution setting out the categories of public entertainment for which a licence would be required from 1st April, 2019.

 

2. Following a review by the Licensing Standards Officers, it was proposed that the resolution be amended as follows - (i) Firstly in the section relating to Billiard, snooker and pool halls, the word or any other premises that provide these activities should be added. This would circumvent the issues that arose recently over a premises which provided these activities but was not a bespoke snooker/pool hall. (ii) Secondly, in the section relating to Any activity involving shooting or archery, the words or Axe Throwing or Hurling should be added. This particular section should also provide that a no-alcohol policy should apply to such premises and be attached to their conditions. The reasoning behind this was that some axe hurling premises had mixed messages around this. On their own website, they clearly stated that the consumption of alcohol was not allowed on the premises, whereas another website advertising the same premises stated that patrons could bring their own alcohol. If a no-alcohol condition was attached to the licence of these types of premises then any doubt would be removed.

 

3. If the Licensing Committee were minded to approve the above amendments to the resolution, the Head of Democratic and Legal Services would arrange for these to be advertised for any public comments. Any such comments would be reported back to the Committee at a future meeting. If there were no comments, the Committee was asked to resolve that these amendments should take effect from 1st September, 2024 being the minimum period set out in the Civic Government (Scotland) Act 1982 for changes to a resolution to come into effect.

 

Thereafter, having considered the advice of the Legal Officer, the Committee agreed to the terms as indicated.

 

(c) METAL DEALER NEW APPLICATION

 

No	Name	Address
1	Co-Dem Contracts Ltd	Yard, 10a Noble Road

 

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 provide Public Liability Insurance with 5m indemnity and the Certificate of Compliance in the prescribed time. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

 

(d) PUBLIC ENTERTAINMENT VARIATION

 

No	Name	Address
1	Pure Gym	West Marketgait

 

There was submitted a request for variation to remove condition 6 from the licence. The Committee gave consideration to the request. Thereafter, having heard the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the request be granted and that all gym users must be offered gym training.

 

(e) PUBLIC ENTERTAINMENT NEW APPLICATION

 

No	Name	Address
1	Freyas Wish	20/24 Dura Street

 

The Committee gave consideration to a letter of representation which had been submitted by the Environment Manager relevant to this application. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to planning approval being received and that external areas be restricted to 9 and 10.

 

(f) TAXI OPERATOR CORPORATE PLATE NEW APPLICATIONS

 

No	Name
1	EV101 Ltd

 

There was submitted an application for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was George Harris OP426. Director of EV101 Ltd were George Harris, Farees Ahmed and Sabbahath Mubarik. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

 

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

 

No	Name	Address
1	City Centre Cabs	Charles Bowman Way

 

The Committee noted that this application had been withdrawn from consideration by the applicant.

 

2

FMC (Scotland) Ltd

Unit L, Charles Bowman Avenue

 

The Committee noted that this application had been withdrawn from consideration by the applicant.

 

3	Maureen Martin

 

The Licensing Committee at its meeting held on the 8th August, 2024 agreed to grant a further extension and bring back for an update. Thereafter, having heard the applicant and consideration of a written submission received in support of the application and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

 

III HOUSING (SCOTLAND) ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION - DELEGATED

 

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

 

No	Name	Person Responsible	Address
1	Abertay Holdings Ltd	Abertay Holdings Ltd	13 King Street
2	Annabel Findlay & Colleen Scott	Easylets Ltd	1/2, 20 Perth Road
3	A&S Hussein Properties Ltd	Bradley Khan Associates Ltd T/A Martin Co	79D King Street
4	Rashid & Amina Hussein	Bradley Khan Associates Ltd T/A Martin Co	79C King Street
5	Mr Simon Childs & Ms Susan Clark	Simon Childs	4/2, 63 Gellatly Street
6	Stufi Properties Ltd	Rockford Properties Ltd	41 Taylors Lane
7	High Oak Ltd	Rent Flats Dundee	1/2, 378 Perth Road

 

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

 

(a) SHORT TERM LETS DELEGATED NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No	Name	Person Responsible	Address
1	Andrew & Rebecca Forrester	Andrew Forrester	83A Fisher Street
2	Alan & Anabela Frendo-Cumbo	Clark Anderson Properties Ltd	1b Thorter Loan
3	Amanda Milton	Amanda Milton	3/2, 1 Lytton Street
4	Ashnor Propeties Ltd	Clark Anderson Properties Ltd	Kimberley Buildings, 1/1, 38 Whitehall Street
5	Mohammad Ossman	Mohammad Ossman	100 Seagate
6	Ellen Laird	Clark Anderson Properties Ltd	71E Church Street
7	Lucy Danskin & Victoria Steedman	NLD Properties Ltd	3/1, 25 Scott Street
8	Lucy Danskin & Vikki McKelvie	NLD Properties Ltd	250G Blackness Road
9	Alan & Fiona Brownlie	Alan Brownlie	115a Dundee Road
10	Llona Grant		14D Church Street
11	Craig & Caroline Anderson	Anderson (CCNA) Properties Ltd	G/2, 17 Lorimer Street
12	Neil Danskin & Vikki McKelvie	NXD Properties Ltd	3/1, 19 Scott Street
13	Lewis & Kenneth Kerr	Kenneth Kerr	24 Shamrock Street
14	Steven Robb	SPR Property Letting Ltd	29 Ogilvie Street
15	Susan Moore & Paul Instrell	Clark Anderson Properties Ltd	277 King Street
16	8th Line Property Ltd	Kate Sikorsky	G/2, 14 North Erskine Street
17	8th Line Property Ltd	Kate Sikorsky	G/1, 16 North Erskine Street
18	8th Line Property Ltd	Kate Sikorsky	2a South Baffin Street
19	Mandy Moffat		43a Glamis Drive
20	Michael McDonald		14 Ambrose Street
21	Moth Investments Ltd	Hamish Moir	G/1, 21 King Street
22	Lusson Properties Dundee Ltd	NLD Properties Ltd	2/1, 33 Scott Street
23	Moth Investments Ltd	Hamish Moir	160 King Street
24	Hamish Moir		R/G/3, 329 Brook Street
25	Moth Investments Ltd	Hamish Moir	G/1, 11 Fort Street
26	Lusson Properties Dundee Ltd	NLD Properties Ltd	262E Blackness Road
27	8th Line Property Ltd	Kate Sikorsky	G/1, 9 Malcolm Street
28	Jennifer Oliver	Clark Anderson Properties Ltd	586 Brook Street
29	Lynn & Graeme Davidson		304 King Street
30	Morna & James Bell	Morna Bell	68 The Esplanade
31	Andrew Pyper	Victoria Guild	300 King Street
32	Birchfalls Properties Ltd	Clark Anderson Properties Ltd	G/1, 105 Clepington Road
33	Richard Green	Easybnb	262D King Street
34	John McDonald	John McDonald	6 Fort Street
35	John McDonald	John McDonald	45 King Street
36	John McDonald	John McDonald	49 King Street
37	Ruth Alexander	Ruth Alexander	5 Drummond Street
38	John McDonald	John McDonald	15 Castle Street
39	Jennifer & Stephen Olivier	Clark Anderson Properties Ltd	2 Castle Terrace
40	Mark J Stewart	Easybnb	11 Claypotts Road
41	Anne Kinnear & Scott Raffle	Colcro Project	51d Beach Crescent
42	Angela Gatford	Clark Anderson Properties Ltd	4 Hill Road
43	Katie New & Steven Lawrie	Katie New	61 Clepington Road
44	Constance & Martin Higgins	Constance Higgins	2/1, 9 Blackness Avenue
45	Constance & Martin Higgins	Constance Higgins	23 Oxford Street
46	Jeanette French	Jeanette French	1a Inverary Terrace
47	Martin Higgins	Ian Higgins	3/1, 8 Forrest Park Road
48	Constance & Martin Higgins	Constance Higgins	3/1, 9 Blackness Avenue
49	Brenda Calder	Clark Anderson Properties Ltd	1/R, 4 Manor Place

 

50	Lucy Danskin & Patricia Moffat	NDL Properties Ltd	G/1, 192 Lochee Road
51	Margaret & Nigel Cowley	Margaret Cowley	15 Castle Terrace
52	Mawei Ltd	Wei Lee	Flat 2, 7 Ward Road
53	Paul Crawford		7 Constitution Terrace
54	Richard & Mary Fleming	Birkk Property Ltd	Flat 7, 49 Trades Lane
55	Neil Danskin & Derek Murray	NXD Properties Ltd	3/2, 21 Scott Street
56	Neil Danskin		3/2, 80 Peddie Street
57	Neil Danskin & Derek Murray	NXD Properties Ltd	2/3, 296 Perth Road
58	Gary & Jacqueline Hayhoe	Pillow Properties Partner Ltd	2 Churchill Place
59	Highland Game Ltd	Clark Anderson Properties Ltd	The Lodge, 69 Dundee Road
60	Mohammad Osman		96 Seagate
61	Rachel & Richard Barber		G/1, 15 Forebank Road
62	Sheena & Simon Norris		367 Arbroath Road
63	NXD Properties Ltd		2/2, 46 Cleghorn Street
64	Karen Walker & Oliver Cock	Clark Anderson Properties Ltd	11 Douglas Terrace
65	Donia & Steven Henderson	Easybnb	74 Camphill Road
66	Doc Ventures	Casa Fresa Ltd	9A King Street
67	Doc Ventures	Casa Fresa Ltd	9B King Street
68	Doc Ventures	Casa Fresa Ltd	9C King Street
69	Casa Fresa Ltd	Stuart Mather	19 Kintail Place
70	Stephen Mather	Casa Fresa Ltd	Apt1, 21 Candle Lane
71	Stephen Mather	Casa Fresa Ltd	Apt2, 21 Candle Lane
72	Thomas Cathro	Casa Fresa Ltd	Flat 1, 22 Castle Street
73	Kirsty Mather	Casa Fresa Ltd	Flat 7, 22 Castle Street
74	Kirsty Mather	Casa Fresa Ltd	24 Monifieth Road
75	Kasa Properties Ltd	Casa Fresa Ltd	30C Cowgate
76	Casa Fresa Ltd	Stuart Mather	31 Thorter Row
77	Kirsty Mather	Casa Fresa Ltd	64B Union Street
78	Makeup Masters Directors Pension Scheme	Casa Fresa Ltd	64C Union Street
79	Eleanor Whitby & Edward Murdoch	Edward Murdoch	Pinegrove, 334D Perth Road

 

The Committee agreed to note that the above applications had been granted under delegated powers and that application no 29 had now been withdrawn.

 

(b) SHORT-TERM LETS NEW APPLICATIONS

 

No	Name	Person Responsible			Address
1	Aliona & Hugh Levins		Aliona Levins	596 Perth Road

 

Reference was made to Article V(c) of the minute of meeting of this Committee held on the 8th August, 2024, wherein it was agreed to defer the application to allow the applicant to be in attendance. The Committee noted that the applicant was not in attendance and agreed to defer consideration of the matter to the next meeting of the Committee to allow the applicant to be in attendance.

 

2

Kinship Investments

Ann McMahon

Flat 17, Taypark, 30 Dundee Rd

 

Reference was made to Article (IV)(b) of the minute of meeting of the Licensing Committee held on the 23rd May, 2024, wherein it was agreed to defer the application to allow the applicant to be in attendance. There were submitted the original letters of objection from members of the public. The Committee gave consideration to the content of the letters. Thereafter, having heard an agent on behalf of the applicant, the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to a meeting of this Committee in six months time for an update of the operation of the licence.

 

3

West Development Properties Ltd

Clark Anderson Properties Ltd

28 West Queen Street

 

There were submitted letters of objection from members of the public relevant to this application. There was also submitted a letter of representation from the Private Sector Services Unit. The Committee gave consideration to the content of the letters. Thereafter, having heard an agent on behalf of the applicant, the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to a meeting of this Committee in six months time for an update of the operation of the licence.

 

4

Kasas Properties Ltd

Casa Fresa Ltd

1/2, 333 Brook Street

 

There were submitted letters of objection from members of the public relevant to this application. There was also submitted a letter of representation from the Private Sector Services Unit and a response from the applicant. The Committee gave consideration to the content of the letters. Thereafter, having heard an agent on behalf of the applicant, the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to a meeting of this Committee in six months time for an update of the operation of the licence.

 

5

Angela Walters

11 Sunnybrae Terrace

 

There was submitted a letter of representation from the Private Sector Service Unit relevant to this application. The Committee noted that the applicant was not present and agreed that the matter be deferred to the next meeting to allow the applicant to be in attendance.

 

6

Polly Turner

70 Broughty Ferry Road

 

There was submitted a letter of representation from the Private Sector Services Unit relevant to this application and a late objection from an objector. Thereafter, having heard the applicant and an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be considered incompetent due to the placing of the site notice.

 

7

Wilma Woudenberg

Waterside, 89 Fisher Street

 

There was submitted a letter of representation from the Private Sector Services Unit relevant to this application. The Committee gave consideration to the letter. Thereafter, having heard the applicant, the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

 

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

 

(a) SHORT-TERM LETS NEW APPLICATIONS

 

No	Name
1	H G

 

There was submitted a letter of objection from the Chief Constable and a letter of representation from the Private Sector Services Unit. The Committee gave consideration to the content of the letters. Thereafter, having heard the representative of the Chief Constable and explanation as to late submission of a letter of objection submitted, the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to a meeting of this Committee in six months time for an update on the operation of the licence.

 

2

C M

 

There were submitted letters of objections from members of the public relevant to this application. There was also submitted a letter of representation from the Private Sector Services Manager and a response from the applicant. The Committee gave consideration to the content of the letters. Thereafter, having heard an agent on behalf of the applicant, the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to a meeting of this Committee in six months time for an update on the operation of the licence.

 

3

C P

 

There was submitted a letter of objection from a member of the public relevant to this application. There was also submitted a letter of representation from the Private Sector Services Manager. The Committee gave consideration to the content of the letters. Thereafter, having heard an agent on behalf of the applicant, the objector, the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the next meeting of the Committee to determine where the site notice had been placed.

 

4

A McK

 

There was submitted a letter of objection from the Chief Constable and a letter of representation from the Private Sector Services Unit. The Committee gave consideration to the content of the letters. Thereafter, having heard the applicant, the representative of the Chief Constable, the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to the condition in relation to self check in arrangements and that the matter be recalled to a meeting of this Committee in six months time for an update on the operation of the licence.

 

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCE - UPDATE

 

No	Name
1	M E

 

Reference was made to Article VI(c) of the minute of meeting of this Committee held on the 11th January, 2024, wherein it was agreed to grant the application for six months and bring back to this meeting for an update on the operation of the licence. There was submitted the original letter of objection from the Chief Constable. Thereafter, having heard the representative of the Chief Constable, the Committee agreed that no further action be taken.

 

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS - MEDICALS

 

No	Name
1	J B

 

The Committee noted that the Taxi Drivers Licence held by J B had been suspended with immediate effect on 7th November, 2022 as he did not currently meet Group 2 Standards in accordance with DVLA guidance. Thereafter, having considered the advice of the Legal Officer and noting that the licence holder continued to not meet Group 2 Standards, the Committee considered that J B was not fit and proper to be the holder of a Taxi Drivers Licence and to suspend the licence for the unexpired portion of the licence.

 

2

A C

 

The Committee noted that the Taxi Drivers Licence held by A C had been suspended with immediate effect on 10th January, 2024 as he did not currently meet Group 2 Standards in accordance with DVLA guidance. Thereafter, having considered the advice of the Legal Officer and noting that the licence holder continued to not meet Group 2 Standards, the Committee considered that A C was not fit and proper to be the holder of a Taxi Drivers Licence and to suspend the licence for the unexpired portion of the licence.

 

3

G M

 

The Committee noted that the Taxi Drivers Licence held by G M had been suspended with immediate effect on 16th April, 2024 as he did not currently meet Group 2 Standards in accordance with DVLA guidance. Thereafter, having considered the advice of the Legal Officer and noting that the licence holder continued to not meet Group 2 Standards, the Committee considered that G M was not fit and proper to be the holder of a Taxi Drivers Licence and to suspend the licence for the unexpired portion of the licence.

 

4

M O

 

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 considered the advice of the Legal Officer and noting that the licence holder continued to not meet Group 2 Standards, the Committee considered that M O was not fit and proper to be the holder of a Taxi Drivers Licence and to suspend the licence for the unexpired portion of the licence.

 

5

S P

 

The Committee noted that the Taxi Drivers Licence held by S P had been suspended with immediate effect on 12th August, 2024 as he did not currently meet Group 2 Standards in accordance with DVLA guidance. Thereafter, having considered the advice of the Legal Officer and noting that the licence holder continued to not meet Group 2 Standards, the Committee considered that S P was not fit and proper to be the holder of a Taxi Drivers Licence and to suspend the licence for the unexpired portion of the licence.

 

(c) TAXI DRIVERS LICENCE - SUSPENSION HEARINGS

 

No	Name
1	N A

 

Reference was made to Article VI(b)(iii) of the minute of meeting of this Committee of 8th August, 2024, wherein it was agreed to adjourn the hearing to this Committee to allow for the agent to discuss CCTV footage of the incident with the licence holder and to continue the suspension with immediate effect. There was submitted the original letter of information from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having viewed the CCTV footage of the incident and having heard the representative of the Chief Constable, the agent and consideration of the advice of the Legal Officer, the Committee agreed that N A be considered not fit and proper to be the holder of a Taxi Drivers Licence and that the licence be revoked with immediate effect.

 

2

L G

 

Reference was made to Article VI(b)(i) of the minute of meeting of this Committee of 8th August, 2024, wherein it was agreed to adjourn the hearing to this Committee to await the outcome of court proceedings and to continue the suspension with immediate effect. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. There was submitted the original letter of information from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that L G be considered not fit and proper to be the holder of a Taxi Drivers Licence and that the licence be suspended for the unexpired portion.

 

3

J M

 

Reference was made to Article VI(a) of the minute of meeting of this Committee of 13th June, 2024, wherein it was agreed to adjourn the hearing to this Committee to await the outcome of court proceedings and to continue the suspension with immediate effect. There was submitted the original letter of information from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having viewed CCTV footage relative to the incident and having heard a representative of the Chief Constable, the licence holder 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 in November 2024 to await the outcome of court proceedings and to recall the suspension of the licence during the intervening period with immediate effect.

 

4

R M

 

Reference was made to Article V(b) of the minute of meeting of this Committee of 23rd May, 2024, wherein it was agreed to adjourn the hearing to this Committee to await the outcome of court proceedings and to continue the suspension with immediate effect. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. There was submitted the original letter of information from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having viewed the CCTV footage of the incident and having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that R McW be considered not fit and proper to be the holder of a Taxi Drivers Licence and that the licence be revoked with immediate effect.

 

5

N M

 

Reference was made to Article VI(b) of the minute of meeting of this Committee of 8th August, 2024, wherein it was agreed to adjourn the hearing to this Committee. There was submitted the original letter of information from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the agent and consideration of the advice of the Legal Officer, the Committee agreed that N M be considered not fit and proper to be the holder of a Taxi Drivers Licence and that the licence be suspended with immediate effect for a period of ten weeks and that includes the period of suspension already served.

 

(d) TAXI OPERATOR REQUEST FOR VARIATIONS

 

No	Name
1	M A

 

Reference was made to Article VI(f) of the minute of meeting of this Committee held on 25th April, 2024, wherein it was agreed to defer the request for variation to substitute a wheelchair accessible vehicle for a saloon car due to medical reasons to allow for further information to be received from the applicants GP. There was submitted the original letter and medical evidence and a supporting letter from the agent for the applicant. The Committee gave consideration to the content of the documentation. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

 

(e) TAXI OPERATOR RENEWAL APPLICATION  

 

No	Name
1	J D

 

There was submitted an application by J D for renewal of his Taxi Operators Licence. The Committee noted that this application had been granted under delegated powers as the objection from Corporate Recovery had been withdrawn.

 

(f) TAXI DRIVER REQUEST FOR WHEELCHAIR EXEMPTION - UPDATE

 

No	Name
1	E L

 

Reference was made to Article V(c) of the minute of meeting of this Committee held on, 23rd May, 2024, wherein it was agreed to grant a temporary wheelchair exemption certificate and recall the matter to this meeting of the Committee for an update. Thereafter, having heard the Legal Officer, the Committee agreed that no further action be taken.

 

(g) WINDOW CLEANER NEW APPLICATION  

 

No	Name
1	H R

 

Reference was made to Article VI(g) of the minute of meeting of this Committee held on 25th April, 2024, wherein it was agreed to defer consideration of this application to await the outcome of court proceedings. There was submitted the original letter of information from the Chief Constable relevant to this application. Thereafter, having heard the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 8th November, 2024 to await the outcome of court proceedings.

 

(h) STREET TRADER REQUEST FOR SUSPENSION HEARING

 

No	Name
1	W J

 

The Committee noted that a letter of information had been submitted by 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 W Js fitness to hold a Taxi Drivers Licence be held at a meeting of the Licensing Sub-Committee to be held on 26th September, 2024.

 

(i) PRIVATE HIRE OPERATOR AND TAXI DRIVERS LICENCE REQUEST FOR SUSPENSION HEARING

 

No	Name
1	M A

 

The Committee noted that a letter of information had been submitted by 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 M As fitness to hold a Private Hire Operators Licence and a Taxi Drivers Licence be held at a meeting of the Licensing Sub-Committee to be held on 26th September, 2024.

 

VII HOUSING (SCOTLAND) ACT 2006

 

(a) REQUEST FOR HEARING

 

The Committee noted that information had been submitted by the Private Sector Services in relation to the holders of Houses in Multiple Occupation Licences. The Committee gave consideration to the content of the information provided. Thereafter, having heard the Legal Officer, the Committee agreed that hearings be held to consider the fitness of the individuals as indicated in the note to hold Houses in Multiple Occupation Licences.

 

 

 

 

Stewart HUNTER, Convener.