Licensing Committee - 09/01/2025

At a MEETING of the LICENSING COMMITTEE held remotely on 9th January, 2025.

 

Present:-

 

Depute Lord Provost Kevin CORDELL

 

COUNCILLORS

 

Stewart HUNTER

George McIRVINE

Wendy SCULLIN

Roisin SMITH

 

Daniel COLEMAN

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 5th December, 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.

 

PUBLIC ENTERTAINMENT - NEW APPLICATIONS - FULL

 

No

Name

Location

 

1

Sky Nails & Spa 26 Ltd

26 Whitehall Crescent

 

PUBLIC ENTERTAINMENT - NEW APPLICATIONS - TEMPORARY

 

No

Name

Location

Date of Event

 

1

The Pet Food Store

Unit 1, Block 20, Kilspindie Road

30/11/2024

2

City Development

City Centre

01/12/2024

3

Sky Nails & Spa 26 Ltd

26 Whitehall Crescent

Full

4

Fintry & Beyond Community Action Group

Fintry Parish Church

29/11/2024

5

Ye Amphibious Ancient Bathing Association

Broughty Ferry Harbour

01/01/2025

 

TAXI DRIVER - NEW APPLICATIONS

 

No

Name

 

1

George Duncan

2

Steven McGurk

 

(b) LATE HOURS CATERING - NEW APPLICATION

 

There were submitted the undernoted applications.

 

No

Name

Address

 

1

Edrogan Ceyhan

Bosphorus Cafe - 14-16 Arbroath Road

 

There was submitted a letter of objection from the Planning Department. The Committee gave consideration to the content of the letter. There was also submitted a written submission from the applicant. The Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be approved subject to the condition the licence would not take effect until issues regarding planning permission had been resolved.

 

2

Burger King

Kingsway West Retail Park

 

The Committee, having heard from the Legal Officer and a representative for the applicant, agreed to grant the application to allow for hours of operation being 24 hours a day, Monday to Sunday.

 

(c) PUBLIC ENTERTAINMENT - REQUEST FOR VARIATION

 

There were submitted the undernoted application.

 

No

Name

Address

 

1

Pure Gym Ltd

152 Marketgait

 

The Committee, having heard from the Legal Officer and a Licensing Standards Officer agreed to defer the request for a variation to the next meeting of the Licensing Committee to allow the applicant to be in attendance and for the Civic Licensing Standards Officer to contact the licence holder and to make any observations on the proposed variation.

 

(d) NEW VEHICLES FOR APPROVAL

 

The Committee agreed that the undernoted electric Wheelchair Accessible Vehicles be added to the approved list:-

 

Peugeot

E Traveller

75Kwh

Volta Mobility

Vauxhall

Vivaro-e

50Kwh

Volta Mobility

Vauxhall

Vivaro-e

75Kwh

Volta Mobility

 

(e) TAXI DRIVER - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

 

1

Kamran Aqil

 

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 pass the street knowledge test, Taxi Driver Medical, SVQ, UTRN and provide the name of 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

Naveed Khan

 

 

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 pass the street knowledge test, Taxi Driver Medical, SVQ, UTRN and provide the name of 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.

 

(f) TAXI OPERATOR - CORPORATE PLATE - NEW APPLICATIONS

 

No

Name

 

1

Bonnie Taxi 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. There was submitted a written submission from the applicant. The Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the application subject to the vehicle passing all necessary tests.

 

2

Dundee Express Taxi 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 the applicant on their own behalf, the Committee agreed to grant the application subject to a suitable vehicle being place on service.

 

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

 

There were submitted the undernoted requests.

 

No

Name

 

1

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 from the applicant. 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 until the next meeting of the Licensing Committee to allow testing of a replacement vehicle to take place.

 

2

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 from the applicant. 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 until the next meeting of the Licensing Committee to allow testing of a replacement vehicle to take place.

 

3

Khalid Mahmood

 

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard from the Legal Officer, the Committee agreed to refuse the request for an extension of time to place a vehicle on service.

 

4

Glass Bucket Ltd

 

The Committee, having heard from the Legal Officer and the applicant on their own behalf, agreed to grant the extension until the next meeting of the Licensing Committee to allow testing of a replacement vehicle to take place.

 

5

J R Taxis Electric Ltd

 

The Committee noted that this request had been withdrawn.

 

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.

 

(b) HOUSES IN MULTIPLE OCCUPATION - DELEGATED - VARIATIONS

 

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

 

No

Name

Person Responsible

Address

 

1

Fatemeh Darvandzadeh

Harland (UK) Ltd

(t/a Premier Property Management)

15 Constitution Crescent

2

Malaben Nanubhai Patel

Property Opportunity Ltd

(t/a PropOp)

1 Baxter Park Terrace

3

Fatemeh Darvandzadeh

Harland (UK) Ltd

(t/a Premier Property Management)

5 Constitution Crescent

4

Nicholas L Ward

Property Opportunity Ltd

(t/a PropOp)

G/2, 1 Gowrie Street

5

Hall Homes International Ltd

Property Opportunity Ltd

(t/a PropOp)

89 Albert Street

6

Mr Quentin Slight &

Ms Cerys Evans

Property Opportunity Ltd

(t/a PropOp)

1/3, 17 Bellefield Avenue

7

FE & UL Ltd

Property Opportunity Ltd

(t/a PropOp)

25E Union Place

 

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

AH Properties (Scotland) Ltd

Central Serviced Apartments

3B Court Street

2

AH Properties (Scotland) Ltd

Central Serviced Apartments

9F Court Street

3

AH Properties (Scotland) Ltd

Central Serviced Apartments

3C Court Street

 

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

 

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

No

Name

 

1

A R

 

The Committee noted that a letter of representation had been received from the Chief Constable. The Committee gave consideration to the content of the letter. The Committee further 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 Chief Constables representative, the Licensing Standards Officer and the applicant on their own behalf, the Committee agreed to grant the application until 2nd October, 2025, and subject to the conditions that the applicant pass the street knowledge test, Taxi Driver Medical, SVQ, UTRN and provide the name of an operator.

 

2

R K

 

The Committee noted that a letter of representation 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 Chief Constables representative, the Committee agreed to grant the application in principle subject to the conditions that the applicant pass the street knowledge test, Taxi Drivers Medical, SVQ, UTRN and provide the name of an operator, after which the application would be granted under delegated powers.

 

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

No

Name

 

1

T C

 

Reference was made to Article II(a) of the minute of meeting of this Committee of 18th November, 2024, and Article VII(a) of the minute of meeting of this Committee of 5th December, 2024, wherein it was agreed to hold a hearing in relation to the alleged conduct of T C during the currency of his Taxi Drivers Licence.

 

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. The Committee further noted that the applicant had a future appointment with the PAM Group. Thereafter, having heard from the Legal Officer, the Committee agreed to suspend the licence of Mr T C for the unexpired portion of his licence and that should his health improve the criminal matter referred to in the letter from Police Scotland be recalled to a future meeting of the Licensing Committee.

 

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

 

No

Name

 

1

M D

 

Reference was made to Article VII(b) of the minute of meeting of this Committee of 7th November, 2024 and Article VII(c) of the minute of meeting of this Committee of 5th December, 2024, where it was agreed to lift the suspension in respect of M Ds Taxi Drivers Licence and recall this matter back to a future meeting of this Committee once further information had been provided by the PAM Group. The Committee noted that a letter of information had been received from the PAM Group. The Committee gave consideration to the content of the letter. The Committee further noted that a letter had been received from the applicants doctor. The Committee gave consideration to the content of the letter.

 

Thereafter, having heard from the Legal Officer, the Committee agreed to adjourn the hearing to the next meeting of the Licensing Committee.

 

2

V K

 

The Committee, having heard from the Legal Officer, agreed to suspend the licence of V K for the unexpired portion of his licence and noted that should his health improve his licence be restored under delegated powers.

 

(d) TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION HEARINGS

 

No

Name

 

1

R S

 

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 R S fitness to hold a Taxi Drivers Licence be held at a meeting of the Licensing Sub-Committee to be held on 27th March, 2025.

 

2

S M

 

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 S M fitness to hold a Taxi Drivers Licence be held at a meeting of the Licensing Sub-Committee to be held on 27th March, 2025.

 

 

 

 

Stewart HUNTER, Convener.