Licensing Committee - 07/11/2024

At a MEETING of the LICENSING COMMITTEE held remotely on 7th November, 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 26th September, 2024 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATIONS OF INTEREST

Councillor Smith declared an interest in the item of business at Article II(b) by virtue of knowing the applicant 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(b) by virtue of knowing the applicant 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.

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

No	Name	Location	Date of Event
1	City Development	Area Outside Costa Coffee, Overgate Centre	28th September, 2024
2	Leisure & Culture Dundee	Michelin Scotland Innovation Parc	23rd September, 2024 to 30th September, 2024
3	JD Sports Gyms Ltd	Wellgate Shopping Centre	Variation/Change of Manager
4	Tan Rooms Ltd	Bronze & Co, 212 King Street, Broughty Ferry	Full
5	Stobswell Forum SCIO	Baxter Park	10th December, 2024
6	Stobswell Forum SCIO	Malcolm Street	17th December, 2024

PRIVATE HIRE OPERATORS - NEW APPLICATION

Name

S&D Campbell Ltd

SECOND HAND DEALER - NEW APPLICATION

Name

Address of Premises

Dalkeith Retail Centre Ltd

Dundee Ford Centre, 14 Baird Avenue

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

No	Name	Address of Premises
1	Barnabas J Fekete	Earl Grey Studio, 26 East Dock Street
2	Zac Holmes	Be My Guest Ink, 152 Arbroath Road
3	Victoria K Gowans (variation)	Cloud Nine Beautique, 7 Tayview Lane

TAXI DRIVER - NEW APPLICATION

Name

Brinder Chima

Christopher Kinghorn

(b) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted the undernoted application.

No	Name	Location	Date of Event
1	Menzieshill Parish Church	Menzieshill Parish Church	26th November, 2024

There was submitted a letter of objection from a member of the public. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed that the application be approved.

There were submitted the undernoted applications.

Name

Georgian Luta

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 medical, SVQ, pass Street Knowledge Test, UTRN, name of operator and photo for badge 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.

(d) FARES FOR HIRE OF TAXIS - ANNUAL REVIEW

Reference was made to Article II(c) of the minute of meeting of this Committee of 26th September, 2024 and the decision regarding the annual review of taxi fares where the Committee approved the undernoted fares for advertisement:-

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.

It was reported that no representations had been made by any member of the public and therefore officers would now write to the operators for approval of the fares on 1st December. If any objections were received from any operator, then this would be reported back to the Licensing Committee and delay the implementation.

(e) TAXI OPERATOR - CORPORATE PLATE - NEW APPLICATION

Name

DDMac Taxis Ltd

The Committee noted that this was an application for a Taxi Operators Licence to replace an existing Taxi Operators Licence with an electric vehicle. 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 the vehicle passing all necessary tests and that the other licence be surrendered.

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

Name

Address

City Centre Cabs Ltd

Charles Bowman Avenue

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that a written submission had been received. The Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Committee agreed to grant an extension of time to place a vehicle on service for a further 28 days.

David Hunter

The Committee noted that a written submission had been received. The Committee gave consideration to the content of the written submission. Thereafter, having heard from the applicant and the Legal Officer, the Committee agreed to grant an extension of time to place a vehicle on service for a further 28 days.

Shaun Cashley

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that a written submission had been received. The Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the extension for a further 28 days and recall this to the December Committee to allow the applicant to provide evidence of problems encountered whilst trying to arrange repairs to the vehicle concerned.

Touseef Ahmed

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.

Name

Person Responsible

Address

Southside MD Investments Ltd

Easylets Ltd

17 Friary Gardens

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted the undernoted application.

Name

Person Responsible

Address

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 and Article III(b) of the minute of meeting of this Committee of 26th September, 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 a request for a further deferral of the application to 9th December, 2024.

There was submitted the undernoted application.

Name

Person Responsible

Address

Finlay, Stuart and

Judith Clark

Finlay Iain Douglas Clark

2/2, 41 Reform Street

The Committee, having heard from the Legal Officer, the Private Sector Services Manager and a representative for the applicant, agreed to grant the variation to allow an increase in occupancy.

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

(a) SHORT-TERM LETS - DELEGATED - NEW APPLICATIONS

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

No	Name	Person Responsible	Address
1	Vannara Ly	Vannara Ly	57C Abbotsford Street
2	Len Ly	Len Ly	30D Roseangle
3	Graham Taylor	Graham Taylor	69 Gray Street, L/1/2

(b) SHORT-TERM LETS - UPDATES

There was submitted the undernoted application:-

Name

Person Responsible

Address

James Thornton and Stacey Brown

James Thornton

36D Castle Street

Reference was made to Article V(a) of the minute of meeting of this Committee held on the 25th April, 2024 and also Article V(c) of the minute of meeting of this Committee held on 8th August, 2024, wherein it was agreed to defer the application to allow all outstanding works to be carried out. The Committee gave consideration to a letter from Private Sector Services. Thereafter, having heard from the Legal Officer and the Private Sector Services Manager, the Committee agreed to bring this matter back to the Committee scheduled for 6th February, 2025.

There was submitted the undernoted application:-

Name

Person Responsible

Address

Mohammed Zaveri

253 Craigie Drive

There was submitted a letter of objection from a member of the public. The Committee gave consideration to the content of the letter. There was also submitted a letter of representation from the Private Sector Services Manager. The Committee gave consideration to this letter also. Thereafter, having heard from the Legal Officer, the Private Sector Services Manager and the applicant, the Committee agreed that the application be granted and that the application be brought back to a meeting of this Committee in six months time for an update on this matter.

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

Reference was made to Article V(a) of the minute of meeting of this Committee held on 26th September, 2024, wherein it was agreed to defer the matter to allow the licences to be processed accordingly to the satisfaction of the Licensing Department.

Thereafter, having heard from the Legal Officer, Private Sector Services Manager and the applicant, the Committee agreed that the applications to be processed as new applications and that the duration of any licences granted on the basis of these applications would be considered at the Committee at a future date.

VI ANTI-SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004; LANDLORD REGISTRATION

(a) LANDLORD REGISTRATION - NEW APPLICATION

There was submitted the undernoted application.

Name

(i)

P C

Reference was made to Article VI(a)(i) of the minute of meeting of this Committee held on 26th September, 2024, wherein it was agreed to defer the application to allow the applicant to be in attendance.

The Committee noted that a letter had been received from the Chief Constables representative. 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 grant the application.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - UPDATE

Name

(i)

D S

Reference was made to Article VII(a)(iv) of the minute of meeting of this Committee of 25th April, 2024, wherein it was agreed to grant the application by Mr D S for a Taxi Drivers Licence for a period of six months and to recall the matter to this meeting of the Committee for an update on the operation of the licence. There was submitted the original letter of objection from the Chief Constable relevant to this application. Thereafter, having heard from the Legal Officer, a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that no further action be taken and that the licence continue until it was due for renewal.

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

(i)

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. A further report from M Ds Doctor dated 24th September had been received and also a letter from M Ds Optometrist received on 6th November, 2024. The Committee gave consideration to the report and letters. Thereafter, having heard from the Legal Officer and an agent for the applicant, the Committee agreed to recall the suspension with immediate effect and bring the matter back to the Committee at a date to be advised once further information had been received from PAM.

(ii)

Z U

The Committee noted that the Taxi Drivers Licence held by Z U had been suspended with immediate effect on 8th October, 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 continue the suspension for the unexpired portion of Z Us licence.

Name

(i)

J M

Reference was made to Article IV(c)(iii) of the minute of meeting of this Committee held on 5th September, 2024, wherein it was agreed to adjourn consideration of the hearing to await the outcome of court proceedings. The Sub-Committee noted that J M 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 Committee agreed that the suspension be lifted and that a verbal warning with regards to his future conduct be issued.

(ii)

A N

Reference was made to Article IV(c)(ii) of the minute of meeting of this Committee held on 28th April, 2024, wherein it was agreed to adjourn consideration of the hearing to await the outcome of court proceedings for A N. 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 the representative of the Chief Constable, and an agent on behalf of the applicant, the Committee agreed that a verbal warning with regards to future conduct be issued.

(d) TAXI DRIVER - REQUEST FOR WHEELCHAIR EXEMPTION - UPDATE

Name

(i)

E L

Reference was made to Article VI(f)(i) of the minute of meeting of this Committee held on 5th September, 2024, wherein it was agreed to grant a temporary wheelchair exemption and bring it back for an update.

Thereafter, having heard from the Legal Officer, the Committee agreed that the exemption be brought to an end.

(e) TAXI OPERATOR LICENCE - REQUESTS FOR DAY-TO-DAY MANAGER

Name

(i)

M 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 grant the variation to the licence until its expiration in May, 2025.

(ii)

M M

(f) WINDOW CLEANER - NEW APPLICATION

Name

H R

Reference was made to Article VI(g)(i) of the minute of the meeting of this Committee held on 25th April, 2024, wherein it was agreed to defer consideration of the application to await the outcome of court proceedings. The Committee noted that the applicant was not present and agreed to consider the application 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 refuse the application on the grounds that H R was not a fit and proper person to hold a licence.

Stewart HUNTER, Convener.