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Council Minutes

At a MEETING of the LICENSING COMMITTEE held at Dundee on 28th June 2001.

Present:-

COUNCILLORS

 

Jill SHIMI

John R LETFORD

Dave BEATTIE

Helen WRIGHT

Allan PETRIE

Andrew DAWSON

Mervyn J ROLFE

Elizabeth F FORDYCE

Bruce D MACKIE

Councillor SHIMI, Convener, in the Chair.

The minute of meeting of this Committee of 13th June 2001 was held as read.

Unless marked thus * all items stand delegated.

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI LICENCES AND THE WAITING LIST

There was circulated a paper on proposals by the Dundee Taxi Owners' Association and the Committee heard an agent for the Association outline the various proposals.

Thereafter the Committee adjourned to consider these proposals.

After the Committee had reconvened, the Director of Support Services submitted Report No 432-2001 which considered the position with regard to the request from the taxi trades to grant licences to persons not on the waiting list and the implications for and operation of the waiting list.

Thereafter, Councillor Rolfe, seconded by Councillor Mackie, moved that the Committee reaffirm the decision of 29th June 2000 that, should the number of taxi licences fall below 507, the first applicant on the waiting list be invited to apply for the first available licence. Implicit in the motion is that no category of person be given any preferential treatment.

As an amendment, the Convener, seconded by Councillor Wright, moved that the Committee agree that when considering an application for a taxi licence from the widow or partner of a taxi licence holder, the Committee agree to place that person at the head of the waiting list.

On a division, there voted for the motion - Councillors Rolfe, Fordyce, Beattie, Dawson and Mackie (5); and for the amendment - the Convener and Councillors Wright and Petrie (3) - Lord Provost Letford being absent when the vote was taken - whereupon the motion was declared carried.

(b) TAXI FARES

It was reported that the proposed new taxi/private hire fares had been advertised in the local press and no representations had been received.

The Committee agreed to implement the new fare as from 1st July 2001.

(c) HOUSES IN MULTIPLE OCCUPATION

There were submitted the undernoted applications:-

Name of Applicant

Address of Premises

 

1

Bield Housing Association Ltd

Flat 1/10, Pitairlie Road

2

Bield Housing Association Ltd

Flat 14/22, Bonnethill Gardens, Caldrum Street

3

Kenneth I M Edward

99 Magdalen Yard Road

4

A Russell & A Wills

20 Ladywell Avenue

5

Audrey Blair

AUJ House, 17A Nelson Street

6

Salvation Army

Clement Park House, Harefield Road

7

Salvation Army

Strathmore House, 31 Ward Road

8

University of Dundee

4 Airlie Place

6 Airlie Place

8 Airlie Place

10 Airlie Place

12 Airlie Place

14 Airlie Place

16 Airlie Place

18 Airlie Place

Ardvreck, 3 & 4, 516 Perth Road

Belmont Hall, Mount Pleasant

7 Greenfield Place

6/12 Perth Road

20 Perth Road

40 Perth Road

384 Perth Road

Pearson Hall, 25 Roseangle

4 Roseangle

6 Roseangle

Seabraes Hall, Seabraes Court

2 Springfield

4 Springfield

7 Springfield

8 Springfield (Ground Right)

9 Springfield

11 Springfield

12 Springfield

13 Springfield

17/18 Springfield

24 Springfield

26 Springfield

28 Springfield

Tay Mills, 19 Brown Street

Tay Mills (Flats 81-89), 23 Brown Street

West Park Hall, 319 Perth Road

West Park Villas, 319 Perth Road

Wimberley Houses, Glamis Drive

9

James Manson

291 Perth Road

10

Dundee City Council

3 Argyle Place

105 Ann Street

11

DMH Properties

218 Perth Road

1st Floor, 105B Nethergate

Name of Applicant

Address of Premises

 

12

Heritage Properties

3rd Floor, 80 Nethergate

23A Perth Road

2/2, 52 Seafield Road

2/2, 38 Seafield Road

3rd Floor, 142 Nethergate

2/2, 142 Nethergate

2/1, 119 Nethergate

1/2, 119 Nethergate

2/2, 59 Dock Street

3rd Floor, 59 Dock Street

13

Marina Lopez

239 Perth Road

14

Ann Banks

Upper Flat, 4 Laurelbank

15

Richard Borland

174 Perth Road

16

Gowrie Housing Association Ltd

Jessie Devlin Close, Soapwork Lane

Dundee Survival Group, 100 Foundry Lane

17

Hamish Dougal

1 Argyle Place, Thomson Street

18

John Gee

2nd Floor North, 31 Reform Street

2nd Floor South, 2 Union Street

19

Lomondvale

Flat, Magnum House, Seagate

20

Iqubal Jamal

11 Albany Terrace

Ground Floor Flat, 2 Garland Place

Third Floor, 85/87 Commercial Street

Fourth Floor, 85/87 Commercial Street

Second Floor, 85/87 Commercial Street

21

Northern College of Education

Redholme, Gardyne Road

Winnocks, Gardyne Road

Westwood, Gardyne Road

3 College Row, Gardyne Road

In the case of Applications Nos 1 and 2 by Bield Housing Association Limited in respect of Flat 1/10, Pitairlie Road and Flat 14/22 Bonnethill Gardens, Caldrum Street and Application No 3 by Kenneth I M Edward in respect of 99 Magdalen Yard Road, the Committee agreed that the applications be granted.

In the case of Application No 5 by Audrey Barr in respect of AUJ House, 17A Nelson Street, Councillor Fordyce declared an interest and took no part in the discussion of this application.

In the case of Applications Nos 4 to 21, the Committee agreed to defer consideration meantime.

 

(d) LATE HOURS CATERING LICENCES - NEW APPLICATIONS

There being no objections the Committee granted the undernoted applications:-

 

Name

Address of Premises

 

Hours of Opening

1

Masreen Mohammed

The Wee Guli, 98 Gray Street, Broughty Ferry

11 pm to 1 am

Sunday to Saturday

2

Dundee Taxi Cab Co Ltd

Tayview Filling Station, 394 Perth Road

11 pm to 5 am

Mondays to Sundays

3

Yu Ling Ng

Jade Palace, 69 Macalpine Road

11 pm to 12 midnight Sunday to Thursday and 11 pm to 1 am Friday and Saturday

 

(e) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

 

Name

Address of Premises

 

Hours of Opening

1

European Entertainment Corporation Ltd

Caird Park

1 pm to 10 pm daily from Wednesday 8th to Sunday 12th August 2001

2

The Gate Christian Fellowship,

158 Perth Road

Peebles Drive

11 am - 7 pm

6th July 2001

 

In the case of Application No 1 by European Entertainment Corporation Limited in respect of Caird Park, the Committee, after hearing an officer of the Environmental and Consumer Protection Department relative to the risk assessment, agreed that the application be granted subject to a satisfactory inspection by the appropriate officers.

In the case of Application No 2 by the Gate Christian Fellowship in respect of Peebles Drive, the Committee, after hearing a representative of the applicant and having considered objections from local residents, was advised that as no admission charge was being made for the event, no licence was required.

(f) SECOND HAND DEALER'S LICENCE - NEW APPLICATION

 

There being no objections, the Committee granted the undernoted application:-

 

Name

Address of Premises

 

Type of Goods

Kenneth Urquhart

Ken Urquhart Motors

464/466 Strathmartine Road

Motor Vehicles

 

(g) STREET TRADER'S LICENCE - NEW APPLICATION

 

There being no objections, the Committee granted the undernoted application:-

 

Name

Type of Goods

 

David A Allison

Street Photography

 

(h) WINDOW CLEANER'S LICENCE - NEW APPLICATION

 

There being no objections, the Committee granted the undernoted application:-

 

Name

 

William C Sharpe

 

(i) TAXI LICENCES - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

 

Name

 

1

Jacqueline Lowe

2

Betsy McLaughlin

3

Kenneth J Soper

4

Roderick Y Bambury

5

Brian Don

6

Iris Sivewright

 

In the case of Application No 1 by Jacqueline Lowe, the Committee agreed to grant a temporary licence for six weeks to allow the estate to be wound up with an undertaking that no new application be made.

In the case of Application No 2 by Betsy McLaughlin, the Committee, after hearing a representative for Ms McLaughlin, agreed to refuse the application on the grounds that no undertaking could be given that the applicant would not apply for a further temporary licence at the end of a six week period.

In the case of Application No 3 by Kenneth J Soper who gave an undertaking that a full application would not be made at the expiry of the temporary licence period, Councillor Rolfe, seconded by Councillor Mackie, moved that the application be refused.

As an amendment, the Convener, seconded by Councillor Petrie, moved that the application for a temporary licence be granted for a period of six weeks.

On a division, there voted for the motion - Councillor Rolfe, Fordyce and Mackie (3); and for the amendment - the Convener and Councillors Wright, Petrie, Beattie and Dawson (5) - Lord Provost Letford being absent when the vote was taken - whereupon the amendment was declared carried.

In the case of Application No 4 by Roderick Y Bambury, the Committee, having heard the applicant, agreed to refuse the application for a temporary licence as no application for renewal had been received by 31st May 2001.

In the case of Application No 5 by Brian Don, the Committee agreed to defer consideration of the application.

In the case of Application No 6 by Iris Sivewright, the Committee heard an agent for the applicant.

The Convener, seconded by Councillor Petrie, moved that the application be granted.

As an amendment, Councillor Rolfe, seconded by Councillor Mackie, moved that the application be refused.

On a division, there voted for the motion - the Convener and Councillors Wright and Petrie (3); and for the amendment - Councillors Rolfe, Fordyce, Beattie, Dawson and Mackie (5) - Lord Provost Letford being absent when the vote was taken - whereupon the amendment was declared carried.

(j) PRIVATE HIRE LICENCES - NEW APPLICATIONS

 

There being no objections the Committee granted the undernoted applications:-

 

 

Name

 

1

Dundee Taxi Cab Co Ltd (15 vehicles)

2

Ann M Cowie

 

(k) TAXI DRIVER'S LICENCES - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

 

Name

 

1

Lee P Caswell

2

Gary W Cowie

3

Michael Holmes

4

Alistair McCulloch

5

William F Smith

6

Albert T Williamson

7

Matthew K Murray

8

Arron Grubb

9

Michael E Mulholland

10

David C Strachan

In the case of Applications Nos 7, 8, 9 and 20 by Messrs Murray, Grubb, Mulholland and Strachan, the Committee noted that the applicants had failed to pass the street test within the prescribed period and agreed to refuse the applications.

There being no objections, the Committee granted the remaining applications.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973, that the 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 1 of Schedule 7A of the above Act.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

 

There was submitted an application by Mr JAT for a Window Cleaner's Licence.

The Committee gave consideration to a representation which had been submitted by the Chief Constable relative to this application. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act, and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that these be considered in the interests of justice.

Thereafter, having been advised that the applicant was not present, the Committee agreed that the application be refused.

There was submitted an application by Mr JD for a Window Cleaner's Licence.

The Committee gave consideration to a representation which had been submitted by the Chief Constable relative to this application. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act, and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that these be considered in the interests of justice.

Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be granted.

There was submitted an application by Mr AG for a Window Cleaner's Licence.

The Committee gave consideration to a representation which had been submitted by the Chief Constable relative to this application. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act, and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that these be considered in the interests of justice.

Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be granted.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr GTM for a Taxi Driver's Licence.

The Committee gave consideration to a representation which had been submitted by the Chief Constable relative to this application.

Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be granted.

There was submitted an application by Mr CGR for a Taxi Driver's Licence.

The Committee gave consideration to a representation which had been submitted by the Chief Constable relative to this application. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act, and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that these be considered in the interests of justice.

Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be granted.

There was submitted an application by Mr AW for a Taxi Driver's Licence.

The Committee gave consideration to a representation which had been submitted by the Chief Constable relative to this application.

Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be granted.

JILL SHIMI, Convener.