Licensing Committee - 27/09/2007

At a MEETING of the LICENSING COMMITTEE held at Dundee on 27th September, 2007.

 

Present:-

 

Lord Provost John R LETFORD

 

 

 

Bailie Roderick A J WALLACE

 

COUNCILLORS

 

Laurie BIDWELL

Helen DICK

David BOWES

Tom FERGUSON

 

Andrew DAWSON

 

Lord Provost John R LETFORD, Convener, in the Chair.

 

The minute of meeting of this Committee of 6th September, 2007 was held as read.

 

Unless marked thus * all items stand delegated.

 

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

Hours of Opening

 

1

Kau Mui Chung

The Peking

175 Perth Road

From 11pm to 1am Mondays to Sundays

 

2

Dolphin Retail

Management Ltd/

Mark Graham

 

Shell Petrol Station

Marketgait West

From 11pm to 5am Mondays to Sundays

3

Carolin Petrie

Options

102 Nethergate

 

From 11pm to 2.30am Mondays to Sundays

4

Mohammed Hussain

Chachies

290 Hilltown

From 11pm to 1am Sundays to Thursdays and 11pm to 2am Fridays and Saturdays

 

5

Mohammed Reza

Hannah's

297 Brook Street

Broughty Ferry

From 11pm to 12 midnight Mondays to Thursdays and 11pm to 1am Fridays and Saturdays

 

In the case of application numbers 1 and 3, there being no objections, the Committee agreed that the applications be granted.

 

In the case of application number 2, the Committee noted that the hours of application were outwith current policy, and having heard an agent on behalf of the applicant and consideration of the advice of the Clerk, the Committee agreed that the application be granted and that the hours of opening be in line with current policy.

 

In the case of application number 4, the Committee noted that the applicant was not present and after consideration and advice of the Legal Officer, agreed that consideration of the application be deferred to a future meeting of the Committee.

In the case of application number 5, the Committee gave consideration to a letter of objection which was submitted by a member of the public. Thereafter, having heard a representative on behalf of the objector, the applicant on her own behalf and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the application be granted and that the hours of opening be in line with planning conditions.

 

(b) PRIVATE HIRE DRIVER'S LICENCE - NEW APPLICATIONS

 

There being no objections, the Committee agreed the undernoted applications be granted.

 

No

Name

 

1

Karen McDonell

2

Piotr Struminski

 

(c) PRIVATE HIRE OPERATOR'S LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

1

Anna Harkin

2

Ian Irons

3

James Lamb

4

David Robbins

 

(d) PUBLIC ENTERTAINMENT - NEW APPLICATION

 

The Lord Provost declared a non-financial interest in this application by virtue of the Lord Provost Charity Fund being a beneficiary from the event. The Lord Provost left the room during consideration of the application, whereupon the Chair was taken by Bailie Roderick A J Wallace.

 

No

Name

Address of Premises

Hours of Opening

 

1

Henry Horne

City Centre

24th November to 30th December, 2007, during shop hours

 

In the case of this application, the Committee, after having heard the applicant on their own behalf, agreed that the application be granted subject to a satisfactory site inspection by the Environmental Health Department.

 

(e) SECOND HAND DEALER'S LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Address of Premises

Type of Goods

 

1

Gordon Spence

Ashton Motors

32 Liff Road

 

Motor Vehicles

2

Dudhope No 2 Ltd/

Kenneth Adams

Loons Road Car Sales

30 Loons Road

Motor Vehicles

 

In the case of application number 1, there being no objections, the Committee agreed that the application be granted.

 

In the case of application number 2, the Committee noted this application had been withdrawn from consideration by the applicant.

(f) LICENSING OF SKIN PIERCING AND TATTOOING ORDER 2006 - NEW APPLICATION

 

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

 

No

Name

Address of Premises

 

1

Mary Sharkey

The Sunflower Room

20 South Tay Street

 

(g) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

1

Ian Bain

2

Graham Campbell

3

Johnathan Campbell

4

Philip Dowden

5

Steven Dron

6

Alan Gibb

7

Jeffrey Hutcheson

8

James McDonald

9

Francis McKay

10

Alexander McKenzie

11

James Page

12

George Scullion

13

William Sim

14

Alistair Spratt

15

Zahid Ullah

 

(h) TAXI DRIVER'S LICENCE - RENEWAL

 

There being no objection, the Committee agreed that the undernoted application be granted.

 

No

Name

 

1

Paul Morrison

 

(i) TAXI LICENCE - REQUEST FOR VARIATION

 

There was submitted the undernoted request for variation.

 

No

Applicant

 

1

Peter Fraser

 

In the case of this request, the Committee, after having heard the applicant on their own behalf, agreed to allow variation to replace existing white plate with a special events disc.

(j) THEATRE LICENCE - NEW APPLICATION

 

Councillor Tom Ferguson declared a non-financial interest in the undernoted application by virtue of his Council appointment.

 

No

Applicant

Address of Premises

 

1

Dundee College

The Space

Old Glamis Road

 

(k) WINDOW CLEANER'S LICENCE - NEW APPLICATION

 

There being no objection, the Committee agreed that the undernoted application be granted.

 

No

Name

 

1

Bruce Merrilees

 

(l) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Address

 

1

Steven and Bridget O'Donnell

24F Constitution Road

2

Richard Bailey

B/2, Garland Place, 10 Barrack Road

3

Richard Bailey

G/2, Garland Place, 10 Barrack Road

4

Richard Bailey

1/1, Garland Place, 10 Barrack Road

5

Donal Finbarr Lucey

3 Milnbank Gardens

6

Donal Finbarr Lucey

4 Milnbank Gardens

7

Lee Chadwick

4 Highmill Court

8

John Cape

23 Kinloch Park

9

Caalcare Limited

Rose Lodge Hotel, 53-57 Seafield Road

10

Shazad Latif

44 Peddie Street

11

Aileen Milne

Top Left, Garland Place, 6 Barrack Road

12

Angus Wright

3/R, 40 Union Street

13

Kenneth Rankin

3 Norwood Terrace

14

Mike Perring

2nd Floor, 14 Union Street

15

Bruce Milroy

28 Lytton Street

16

Paul Marshall

1/2, 7 Blackness Avenue

17

DD CL Property

2/1, Garland Place, 10 Barrack Road

18

DD CL Property

2/1, 5 Rustic Place, Dudhope Street

19

Ken Lang

Flat b, 8 Laburn Street

20

Elizabeth Jones

1/1, 5 Blackness Avenue

21

Richard W H Pollock

Flat D, 26 Seafield Road

22

Floatrich Limited

3/2, 47 Magdalen Yard Road

23

Grant Investments

Flat B, 69 Constitution Road

24

J.P.C.D Ltd

2E Shaftesbury Place

25

Glynne-Jones @ Home Ltd

4 Seafield Lane

26

Devlin Properties Limited

3 Springfield

 

In the case of application number 1, the Committee, after having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

 

In the case of application numbers 2 to 6, the Committee, after having heard a representative of the Housing Department and an agent on behalf of the applicants, agreed that the applications be granted.

In the case of application number 7, the Committee noted that this application had been deferred from the meeting of the Licensing Committee held on 29th March, 2007 and after having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months.

 

In the case of application number 8, Councillor Helen Dick declared a non-financial interest in this application by virtue of the applicant being known to her in a personal capacity and left the room during consideration. The Committee gave consideration to a letter of objection which was submitted by a member of the public and an objection which was submitted by the Private Sector Services Manager.

 

The Committee noted that the objector was not present and after having heard the representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months.

 

In the case of application number 9, the Committee gave consideration to a letter of objection which was submitted by the Private Sector Services Manager relative to this application. Thereafter, having heard a representative of the Housing Department and a representative of Tayside Fire and Rescue, the Committee agreed that the application be granted for a period of six months.

 

In the case of application number 10, Councillor Helen Dick re-entered the Chamber prior to its consideration. Thereafter, the Committee, having heard a representative of Tayside Police and an agent on behalf of the applicant, agreed that the application be granted.

 

In the case of application number 11, the Committee gave consideration to a letter of objection which was submitted by the Private Sector Services Manager. Thereafter, having heard a representative of the Housing Department and an agent on behalf of the applicant, the Committee agreed that the application be granted subject to confirmation being received at a future meeting of the Committee to be held in November, that a day to day manager had been appointed.

 

In the case of application number 12, the Committee noted that this application had been remitted back by the Sheriff for consideration, and after having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

 

In the case of application number 13, the Committee gave consideration to a letter of objection which was submitted by a member of the public. The Committee noted that the objector of the application was not present. Thereafter, having heard a representative of the Housing Department and the agent on behalf of the applicant, and receiving confirmation that a day to day manager had been appointed, the Committee agreed that the application be granted.

 

In the case of application number 14, the Committee noted this application had been deferred from the Licensing Committee of 6th September to allow the applicant to appoint a day to day manager. Thereafter, having heard the Clerk, and receiving confirmation that a day to day manager had been appointed, the Committee agreed that the application be granted.

 

In the case of application number 15, the Committee noted that this application had been deferred from the Licensing Committee held on 16th August, 2007 to enable the applicant to appoint a day to day manager, and after receiving confirmation from the applicant that a day to day manager had been appointed, the Committee agreed that the application be granted.

 

In case of application number 16, the Committee noted that this application had been deferred from the Licensing Committee held on 16th August, 2007 to enable the applicant to appoint a day to day manager, and after having received confirmation from the applicant that the day to day manager had been appointed, the Committee agreed that the application be granted.

 

In case of application numbers 17 to 26, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(m) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

 

The undernoted requests were submitted.

 

(1) A request for variation had been received for Flat 8, 1 Martingale Gardens to change of day to day manager to Irene Duff.

 

(2) A request for variation had been received for 5 Canning Place to change of day to day manager to Irene Duff.

 

(3) A request for variation had been received for 2 Temple Lane to change of day to day manager to Peter Marshall.

 

(4) A request for variation had been received for 1 Soapwork Lane to change of day to day manager to Andrew McColl.

 

In the case of requests listed from 1 to 4, there being no objections, the Committee agreed that the requests be granted.

 

The Committee agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) and in view of the timescales.

 

(n) LIST OF ACCESSIBLE VEHICLES - ADDITION TO LIST

 

It was reported that the Cabs Enforcement Unit and the Plant and Vehicle Officer had assessed the Volkswagon T5 Shuttle SWB with LWB option produced by Eurocab Jubilee and recommended that it be added to the list of accessible vehicles.

 

The Committee agreed to the addition to the list as outlined above.

 

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 above Act.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S - NEW APPLICATIONS

 

(i)                                         There was submitted an application from Mr W F for a Taxi Driver's Licence.

 

The Committee gave consideration to a letter of representation which was submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, an agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Clerk, the Committee agreed that the application be granted until May 2008.

 

(ii)                                         There was submitted an application by Mr D H for a Taxi Driver's Licence.

 

The Committee gave consideration to a letter of objection which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police and a representative on behalf of the applicant, the Committee agreed that the application be refused.

 

(iii) There was submitted an application by Mr L M for a Taxi Driver's Licence.

 

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, a representative of the applicant and the applicant on their own behalf, Bailie Wallace seconded by the Lord Provost, moved that the application be granted until May 2008.

As an amendment, Councillor Dick, seconded by Councillor Bowes, moved that the application be refused.

 

On a division there voted for the motion - Lord Provost John R Letford and Bailie Roderick A J Wallace (2); and for the amendment - Councillors Bidwell, Ferguson, Dick, Bowes and Andy Dawson (5) - whereupon the amendment was declared carried and the application was refused.

 

(b) TAXI DRIVER'S - SUSPENSION HEARING

 

(i) There was submitted a letter of information from the Chief Constable in relation to the conduct of Mr B M during the currency of his Taxi Driver's Licence.

 

The Committee agreed that consideration of the matter be deferred to a future meeting of the Committee.

 

(ii) There was submitted a letter of information from the Corporate Food Safety and Tobacco Control Officer in relation to the conduct of Mr D C during the currency of his Taxi Driver's Licence.

 

The Committee agreed that consideration of the matter be deferred to a future meeting of the Committee.

 

(c) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

 

(i) There was submitted a letter of information from the Corporate Food Safety and Tobacco Control Officer relevant to the conduct of Mr J K during the currency of his Taxi Driver's and Taxi Operator's licence.

 

The Committee gave consideration to the content of the letter of information. Thereafter, having heard a representative of the Environmental Health Department, the licence holder on his own behalf, and consideration of the advice from the Clerk and Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr J K be suspended until May 2008 and that no further action be taken in relation to the Taxi Operator's Licence held by Mr J K.

 

(ii) There was submitted a letter of information relevant to the conduct of Mr K M during the currency of his Taxi Drivers' Licence and Taxi Operator's Licence.

 

The Committee noted that this matter would be considered at a future meeting of the Committee.

 

(d) WINDOW CLEANER - NEW APPLICATION

 

(i)                                          There was submitted an application by Mr S D for a Window Cleaner's Licence.

 

The Committee gave consideration to a letter of representation which was submitted by Tayside Police relevant to this application. Thereafter, having heard the representative of Tayside Police, the Committee agreed that the application be granted until May 2008.

 

(ii)                                         There was submitted an application by Mr P McG for a Window Cleaner's Licence.

 

The Committee noted that this application had been deferred from the Licensing Committee held on 6th September, 2007 to allow the applicant to attend. The Committee noted that the applicant was not present and agreed that the matter be considered in his absence. Thereafter, having given consideration to the letter of objection which had been submitted by Tayside Police and having heard the Clerk and after consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

 

 

 

 

Lord Provost John R LETFORD, Convener.