Licensing Committee - 01/06/2006

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st June, 2006.

 

Present:-

 

Lord Provost John R LETFORD

 

BAILIES

 

Bruce D MACKIE

 

Neil I C POWRIE

 

COUNCILLORS

 

Jill SHIMI

Helen DICK

Roderick A J WALLACE

Joe MORROW

Willie SAWERS

Charles A WEBSTER

 

Jim BARRIE

 

 

 

Bailie MACKIE, in the Chair.

 

The minute of meeting of this Committee of 4th May, 2006 was held as read.

 

Unless marked thus * all items stand delegated.

 

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

 

 

 

1

Zulekha Okhai

10 Victoria Chambers (1/1)

 

2

Richard Sharpe

29 Callander Gardens

 

3

Helen Stewart

3 Rustic Place (top right flat)

 

4

Fergus C MacPherson

31 Reform Street

 

5

Angela R Stewart

304A Perth Road

 

6

Georgina Bedding

3 Cleghorn Street

 

 

 

7

Pygmalion Properties

26 Union Street (3rd floor)

 

 

 

8

Callum Johnson and

Frazer H Johnson

79 Blackness Road

 

9

Hillcrest Housing Association

2 Sugarhouse Wynd (east flat)

 

 

 

10

Thamina Ismail

1 Westfield Avenue (ground flat)

 

 

 

11

Iqbal Jamal

11 Panmure Street (third right)

 

 

 

12

Iqbal Jamal

11 Panmure Street (second floor)

 

 

 

13

Buddon Limited

The Old Exchange, 67 Dalkeith Road

 

No

Name

Address of Premises

 

 

 

14

Zars Limited

20 Perth Road (first floor left)

 

 

 

15

Zars Limited

39 Rosefield Street (second floor)

 

 

 

16

Zars Limited

62 Seagate (second floor)

 

 

 

17

Zars Limited

62 Seagate (third floor)

 

 

 

18

TA Investments Limited

60 Seafield Road

 

 

 

19

Rujuta Paun

44 Rosefield Street

 

 

 

20

Sumeya Gani

80 Nethergate (first floor)

 

 

 

21

Sumeya Gani

99 Peddie Street (second floor)

 

 

 

22

Mr and Mrs Abdul Rashid Daud

41 Tait's Lane (B)

 

 

 

23

Mr and Mrs Abdul Rashid Daud

6 Corso Street (A)

 

 

 

24

Mr and Mrs Abdul Kader Gani

6 Corso Street (B)

 

 

 

25

Mr and Mrs Abdul Kader Gani

41 Tait's Lane (A)

 

 

 

26

Zars Limited

39 Rosefield Street (first floor)

 

 

 

27

Zars Limited

39 Rosefield Street (third floor)

 

 

 

28

Zars Limited

62 Seagate (first floor)

 

 

 

29

Musto Properties Limited

66 Seagate (flat 10)

 

 

 

30

Importa Limited

47 Dudhope Street (floor 1/flat 2)

 

 

 

31

Importa Limited

47 Dudhope Street (floor 1/flat 1)

 

 

 

32

Importa Limited

47 Dudhope Street (floor 1/flat 3)

 

 

 

33

Importa Limited

47 Dudhope Street (floor 1/flat 4)

 

 

 

34

Importa Limited

47 Dudhope Street (floor 2/flat 1)

 

 

 

35

Importa Limited

47 Dudhope Street (floor 2/flat 2)

 

 

 

36

Importa Limited

47 Dudhope Street (floor 2/flat 3)

 

 

 

37

Importa Limited

47 Dudhope Street (floor 2/flat 4)

 

 

 

38

Importa Limited

47 Dudhope Street (floor 3/flat 1)

 

 

 

39

Importa Limited

47 Dudhope Street (floor 3/flat 3)

 

 

 

40

Importa Limited

47 Dudhope Street (floor 3/flat 4)

 

 

 

41

Christine Vivien Nicolla Jane Dougan

47 Magdalen Yard Road (third left)

 

No

Name

Address of Premises

 

 

 

42

Lee Chadwick

46 Thomson Street (H)

 

 

 

43

Lee Chadwick

29 Tait's Lane (A)

 

 

 

44

John Martin Henderson

12 Milnbank Gardens

 

 

 

45

John Martin Henderson

11 Milnbank Gardens

 

 

 

46

Satpal Singh

7 Milnbank Gardens

 

 

 

47

Keith Livingstone Gibson

15 Seafield Close

 

 

 

48

Iqbal Jamal

13 Panmure Street (first floor)

 

 

 

49

Iqbal Jamal

11 Panmure Street (first floor)

 

 

 

50

Iqbal Jamal

19 Springfield

 

 

 

51

Ashraf Zaveri

1B Benvie Road (2/R)

 

 

 

52

Steven Robertson

9 Troon Gardens

 

 

 

53

Iqbal Jamal

94 Commercial Street (second left)

 

 

 

54

Iqbal Jamal

74 Commercial Street (third left)

 

 

 

55

Iqbal Jamal

16 Cleghorn Street (third floor)

 

 

 

56

Iqbal Jamal

13 Benvie Road (third right)

 

 

 

57

Iqbal Jamal

37 Step Row (first floor)

 

 

 

58

Iqbal Jamal

37 Step Row (second floor)

 

 

 

59

Iqbal Jamal

63 Constitution Road (2/R)

 

 

 

60

Hillcrest Housing Association Limited

2 Sugarhouse Wynd (west flat)

 

(i) With reference to Article I(c) of the minute of meeting of 4th May, 2006 wherein consideration of Application No 1 had been deferred to allow the applicant to attend, the Committee, after being advised that the applicant was not present, agreed that the application be considered in their absence. Thereafter, having heard the Legal Officer, the Committee agreed that the application be refused.

 

(ii) With reference to Article I(c) of the minute of meeting of 4th May, 2006 wherein consideration of Application No 2 had been deferred to allow the applicant to attend, the Committee, after having heard the applicant on their own behalf, agreed that the application be granted. The Lord Provost took no part in the consideration of this application.

 

(iii) With reference to Article I(c) of the minute of meeting of 4th May, 2006 wherein consideration of Application No 3, had been deferred to allow clarification of the area involved. Thereafter having established the location for the application and having heard a representative on behalf of the applicant and consideration of the observations of the Legal Officer and the Housing Officer, the Convener, seconded by Councillor Shimi, moved that the application be granted.

As an amendment, the Lord Provost, seconded by Councillor Morrow, moved that the application be refused.

 

On a division, there voted for the motion - the Convener, Councillor Shimi, Councillor Sawers, Councillor Barrie and Councillor Wallace (5); and for the amendment - the Lord Provost, Councillor Morrow, Councillor Dick, Bailie Powrie and Councillor Webster (5) - whereupon there being a parity of votes, the Convener used his casting vote in favour of the motion - whereupon the motion was declared carried and the application was granted.

 

(iv) In the case of Application No 4, the Committee noted that this application had been withdrawn from consideration by the application.

 

(v) In the case of Application No 5, having given consideration to a letter of representation which had been submitted by the Private Sector Services Unit and having heard the Housing Officer and consideration of the advice of the Legal Officer and having heard an agent on behalf of the applicant, the Convener, seconded by Councillor Shimi, moved that the application be granted subject to conditions.

 

As an amendment, the Lord Provost, seconded by Councillor Sawers, moved that the application be refused.

 

On a division, there voted for the motion - the Convener, Councillor Shimi and Councillor Wallace (3); and for the amendment - the Lord Provost, Councillor Morrow, Councillor Dick, Councillor Sawers, Councillor Barrie, Bailie Powrie and Councillor Webster (7) - whereupon the amendment was declared carried and the application was refused.

 

(vi) In the case of Application Nos 6 and 7, the Committee, after having heard the Housing Officer and consideration of the advice of the Legal Officer and having heard a representative on behalf of the applicants, agreed that the applications be granted.

 

(vii) In the case of Application No 8, the Committee, having heard the Housing Officer, and consideration of the advice of the Legal Officer and having heard an agent on behalf of the applicant, agreed that the application be granted.

 

(viii) In the case of Application Nos 9 to 60, the Committee agreed that consideration of these applications be deferred to a future meeting.

 

(b) INDOOR SPORTS ENTERTAINMENT LICENCES NEW APPLICATIONS

 

Councillor Wallace and the Lord Provost declared non-financial interests in these applications by virtue of their Council appointment as Directors of Dundee Leisure.

 

There were submitted the undernoted applications.

 

No

Name

Address of Premises

Purpose including Dates

 

 

 

 

1

Dundee Leisure

Douglas Sports Centre

Baldovie Terrace

Indoor Sports - Mondays to Sundays 8am to 11pm

 

 

 

 

2

Dundee Leisure

Lochee Leisure Centre

St Mary's Lane

Indoor Sports - Mondays to Sundays 8am to 11pm

 

 

 

 

3

Dundee Leisure

Lynch Sports Centre

South Road

Indoor Sports - Mondays to Sundays 8am to 11pm

 

 

 

 

4

Dundee Leisure

Olympia Leisure Centre

Earl Grey Place

Indoor Sports - Mondays to Sundays 8am to 11pm

 

 

 

 

5

Dundee Leisure

Dundee International Sports Centre

Mains Loan

Indoor Sports - Mondays to Sundays 8am to 11pm

 

In the case of Application Nos 1 to 4, there being no objections, the Committee agreed that the applications be granted.

 

In the case of Application No 5, there being no objections, the Committee agreed that the application be granted subject to the condition that all amplified music and vocals should be so controlled as to be inaudible at the facade of any residential property.

 

(c) LATE HOURS CATERING LICENCES - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

Hours of Opening

 

 

 

 

1

Besheir El-Nakla

32 Seagate

From 11pm to 4am Monday to Sunday

 

 

 

 

2

Nasir Hussain

8/10 Beauly Avenue

From 11pm to midnight Monday to Sunday

 

 

 

 

3

Caroline A Petrie

102 Nethergate

From 11pm to 2am Monday to Sunday

 

 

 

 

4

Tesco Dalhousie Dundee Express

14 Dalhousie Road, Barnhill

From 11pm to midnight Monday to Sunday

 

In the case of Application No 1, the Committee, after noting that the applicant was not present, agreed that the application be considered in their absence. The Committee noted that the hours of application were outwith current policy and thereafter, it was agreed that the application be granted subject to the hours of opening being restricted to the new policy.

 

In the case of Application Nos 2 and 3, there being no objections, the Committee agreed that the applications be granted.

 

Councillor Rod Wallace declared a non financial interest in the following application by virtue of a family member being in the employ of the company and withdrew from the meeting during its consideration.

 

In the case of Application No 4, the Committee, after having given consideration to a letter of objection which had been submitted by a member of the public and having heard the objector on their own behalf and having heard an agent on behalf of the applicants, agreed that the application be granted.

 

(d) SPECIAL EVENT PRIVATE HIRE LICENCES

 

The Committee agreed that the undernoted conditions be attached to special event Private Hire Licences and that they be attached to all new applications with immediate effect and agreed that existing licence holders should have their conditions varied.

 

1 Persons under 16 years of age be accompanied by at least one appropriate adult.

 

2 All passenger seats to be fitted with seat belts conforming to European Standards (including rear and side facing seats).

 

3 All passengers to wear seat belts whilst being conveyed.

 

(e) PRIVATE HIRE CAR LICENCE - NEW APPLICATIONS

 

There being no objections, the Committee agreed that the undernoted applications be granted:-

 

No

Name

 

 

 

 

1

Derek William Braid

 

 

 

 

2

John Charles Cuthill

 

 

 

 

3

George Malcolm

 

 

 

 

4

Mark McRither

 

 

 

 

5

Steven Mooney

 

 

(f) PUBLIC ENTERTAINMENT LICENCE NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

Purpose including Dates

 

 

 

 

1

University of Dundee

Balfour Street

Garden Party - 22nd June from 4pm to 6pm

 

 

 

 

2

University of Dundee

Balfour Street

Garden Party - 23rd June from 4pm to 6pm

 

 

 

 

3

University of Dundee

Balfour Street

Funfair - 24th June from 6pm to 1am

 

 

 

 

4

University of Dundee

Balfour Street

Garden Party - 11th July from 4pm to 6pm

 

 

 

 

5

Charles Horne

Caird Park

Funfair - 14th to 25th September Monday to Friday 6pm to 9.30 pm and Saturday, Sunday and holidays from 2pm to 9.30 pm

 

 

 

 

6

Charles Horne

Riverside

Funfair - 28th September to 2nd October Monday to Friday 6pm to 9.30pm and Saturday, Sunday and holidays from 2pm to 9.30pm

 

Councillor Webster declared a non-financial interest in application nos. 1 to 4 by virtue of his employment with the University of Dundee.

 

The Lord Provost declared a non financial interest in applications 1 to 4.

 

In the case of Application Nos 1 to 4, there being no objections, the Committee agreed that the applications be granted.

 

In the case of Application Nos 5 and 6, there being no objections, the Committee agreed that the applications be granted subject to conditions.

 

(g) PUBLIC PROCESSION - NOTIFICATION

 

A notification had been received from the Fred Roshier Memorial Orange Lodge No 118 of a procession on Saturday, 24th June, 2006 commencing at 8.30am.

 

The proposed route would be Victoria Street, Victoria Road, Bell Street, lay wreath at memorial outside Tayside Police Headquarters, turn left into Courthouse Square, Lindsay Street.

 

There being no objections, the Committee agreed that the procession proceed as indicated.

 

(h) CITY SQUARE - APPLICATION FOR USE

 

Councillor Morrow declared a non financial interest in the undernoted application by virtue of his Council appointment as Convener of the Economic Development Committee and left the Chamber during its consideration.

 

Councillor Barrie declared a non financial interest in the undernoted application by virtue of his Council appointment as Shadow Convener of the Economic Development Committee and left the Chamber during its consideration.

 

There was submitted an application for the use of City Square for a Bavarian Market from 11th to 30th July, 2006. The Market was proposed to comprise a beer house and stalls selling various goods.

 

The Committee, after noting that the objector was not present and having given consideration to the content of the objection and after hearing the applicant on their own behalf, agreed that the application be granted.

 

(i) SECOND-HAND DEALERS LICENCE NEW APPLICATIONS

 

Councillors Barrie and Morrow re-entered the Chambers prior to consideration of this application.

 

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

 

No

Name

Address of Premises

Type of Goods

 

 

 

 

1

Bruce G Thomson

38 Whitehall Crescent

Mobile Phones

 

(j) SEX SHOP - NEW APPLICATION

 

There was submitted the undernoted application:-

 

No

Name

Address of Premises

 

 

 

1

Morag Wilson

36 Albert Street (Desire)

 

In the case of this application, the Committee defined the relevant locality of the sex shop with the applicant and the objectors.

 

Thereafter, the Committee gave consideration to letters of objection which had been submitted by members of the public and a letter of support which had been submitted by the applicant and in addition, further letters of support which had been tabled by the applicant.

 

Having heard the objectors and the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused and that the number of sex shops within this locality be nil.

 

(k) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

 

 

 

 

1

John Francis Duffy

 

 

 

 

2

John Gerrard Moran

 

 

 

 

3

Lorraine Ann Taylor

 

 

 

 

4

James Williamson

 

 

 

 

5

Walter Bantwinie Nhliziyo

 

 

 

 

6

Frances Ann Nicol

 

 

 

 

7

Ian Watson

 

 

In the case of Application Nos 1 to 4, there being no objections, the Committee agreed that the applications be granted subject to the usual conditions.

 

In the case of Application Nos 5 and 6, the Committee, after noting that the applicants had failed to pass the street test within the prescribed period, agreed that the applications be refused.

 

In the case of Application No 7, the Committee noted that this application had been withdrawn from consideration by the applicant.

 

(l) TAXI LICENCE - NEW APPLICATIONS

 

There being no objections, the Committee agreed that the undernoted applications be granted subject to the usual conditions:-

 

No

Name

 

 

 

 

1

Ian Dryburgh

 

 

 

 

2

James Petrie

 

 

(m) NEW APPLICATIONS - DEFERRED FROM MEETING OF 4TH MAY, 2006

 

Reference was made to Article I (j)(ii) of the minute of meeting of 4th May, 2006, wherein the Committee agreed to retain its existing policy and remitted to the Depute Chief Executive (Support Services) to carry out a review.

 

Forty two applications for taxi licences fell to be considered at that meeting. Six applications were granted with all usual conditions attached. Consideration of the remaining thirty six applications was deferred due to time constraints. Of those, twenty five applications had been withdrawn resulting in the undernoted applications falling to be considered.

 

Each applicant had requested that standard Conditions 32 and 34 which related to placing an accessible vehicle on service and joining the taxicard scheme be not applied. This would allow them to keep their existing saloon cars on service, whilst holding the licence on a corporate basis.

 

The Dundee Wheelchair Taxi Association (DWTA) had objected to all the applications and had raised the issue of the current 3-tier system where some operators could place any approved vehicle on service, others Low Volume Type Approval and others Whole Vehicle Type Approval.

 

The Committee agreed that these applications be considered having regard to the Policy and if the applicants demonstrated that there were exceptional circumstances as to why the Policy should not be applied, then Conditions 32 and 34 may not be applied.

 

The undernoted applications were submitted:-

 

The DWTA had submitted identical objections, all of which were signed, to Application Nos 1 to 5.

 

No

Name

Date of Application

 

 

 

1

Bill Ps Taxis/William Perkington

7th February, 2006

 

 

 

2

D Hendry/Donald Hendry

22nd February, 2006

 

 

 

3

McGouldrick Taxis/Andrew McGouldrick

22nd February, 2006

 

 

 

4

McLaughlan and Sons/

Christopher McLaughlan

23rd February, 2006

 

 

 

5

Costello Taxis/Jamie Costello

21st March 2006

 

In the case of Application Nos 1 and 5, the Committee noted that these applications had been withdrawn from consideration by the applicants.

 

In the case of Application Nos 2 and 3, the Committee, after having heard a representative on behalf of the objectors and the applicants on their own behalf, agreed that the applications be granted subject to the applicants adhering to the Policy in relation to the placing in service of a wheelchair accessible vehicle and participation in the Taxi Card Scheme.

 

In the case of Application No 4, the Committee, after noting that the applicant was not present, agreed that the application be considered in their absence. Thereafter, the Committee agreed that the application be granted subject to the applicant adhering to the policy in relation to the placing in service of a wheelchair accessible vehicle and participation in the Taxi Card Scheme.

 

(n) WINDOW CLEANER'S LICENCE - RENEWAL

 

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

 

No

Name

 

 

 

 

1

Angus Gunn Henderson

 

 

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 would involve the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part 1 of Schedule 7A to the above act

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) SECOND-HAND DEALERS LICENCE NEW APPLICATIONS

 

On a reference to Article II(a) of the minute of meeting of 4th May, 2006 there was submitted an application by Mr J McK for a Second Hand Dealer's Licence.

 

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application. Part of the representation referred to convictions spent in terms of the Rehabilitation of Offenders Act and after hearing the representative of the Chief Constable as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done.

 

Thereafter, having heard a representative of the Chief Constable and a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

 

(b) TAXI OPERATOR/TAXI DRIVER'S LICENCES - SUSPENSION HEARINGS

 

There was submitted a letter of information by the Chief Constable relative to the alleged conduct of Mr A C during the currency of his Taxi Operator and Taxi Driver's Licences.

 

Thereafter having heard a representative of Tayside Police and the licence holder on his own behalf and consideration of a letter of support which had been submitted by the licence holder, the Convener, seconded by Councillor Morrow moved that the Taxi Operator and Taxi Driver's Licences held by Mr A C be suspended for a period of one month.

 

As an amendment Councillor Shimi, seconded by the Lord Provost moved that the Taxi Operator's Licence and Taxi Driver's Licences held by Mr A C not be suspended and that he be issued with a warning.

 

On a division, there voted for the motion - the Convener, Councillor Morrow, Councillor Dick, Councillor Sawers, Councillor Wallace and Councillor Webster (6); and for the amendment - the Lord Provost, Councillor Shimi, Councillor Barrie and Bailie Powrie (4) - whereupon the motion was declared carried and the Taxi Operator's Licence and Taxi Driver's Licence held by Mr A C were suspended for a period of one month.

 

(c) WINDOW CLEANER'S LICENCE - NEW APPLICATION

 

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

 

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

 

Thereafter, having heard a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that the application be granted.

 

(d) EXTENSION OF PERIOD FOR WINDING UP ESTATE

 

The Committee noted that this matter had been withdrawn from consideration by the applicant on their own behalf.

 

(e) TAXI LICENCE - APPLICATION DEFERRED

 

On a reference to Article I(j)(ii) of the minute of meeting of 4th May, 2006 there was submitted an application by Mr G S for a Taxi Licence.

 

The Committee noted that the objector was not present and having given consideration to a letter of objection which had been submitted to this application and after having given consideration to a letter of support which had been submitted by the applicant and having heard the applicant on their own behalf, agreed that the application be granted subject to the applicant adhering to the policy in relation to the placing in service of a wheelchair accessible vehicle and participation in the Taxi Card Scheme.

 

(f) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted four applications by Mr L C for houses in multiple occupation.

 

The Committee, after noting that the applicant, was not present, agreed that the applications be considered in their absence.

 

The Committee gave consideration to letters of representation which had been submitted by the Chief Constable and the Private Sector Services Unit. Thereafter, having heard a representative of Tayside Police, observations of the Housing Officer and consideration of the advice of the Legal Officer, agreed that the applications be refused.

 

 

 

 

Bruce D MACKIE, Convener.