Licensing Committee - 06/03/2008

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th March, 2008.

Present:-

Lord Provost John R LETFORD

Bailie Roderick A J WALLACE

COUNCILLORS

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

The minute of meeting of this Committee of 7th February, 2008 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 7th February, 2008 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

II MINUTES OF MEETINGS OF TAXI LIAISON GROUP

The minutes of meetings of the Taxi Liaison Group held on 14th December, 2007 and 19th February, 2008 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices II and III.

(a) CCTV IN TAXIS

On a reference to Article II of the minute of meeting held on 19th February, 2008 regarding the installation of CCTV equipment in taxis on a pilot basis, the Clerk outlined the background to the proposal. Thereafter, the Committee agreed to the installation of CCTV equipment in taxis on a pilot scheme operating over a six month period and noted that the cost of the installation would be split on a 50-50 basis between the Council and the Taxi Trade.

(b) TAXI LICENCES AND PRIVATE HIRE CARS

On a reference to Article III of the minute of meeting held on 19th February, 2008 regarding the draft report on Taxi Licences and Private Hire Cars, the Clerk outlined the background to the report. Thereafter, the Committee agreed that a consultation process be undertaken over a three month period and that a report be submitted to a meeting of the Licensing Committee on the outcome of the process following discussion at a meeting of the Taxi Liaison Group.

III THEATRES ACT 1968 - NEW APPLICATION

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

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

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

(b) STREET TRADER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 1, the Committee, having heard the applicant on their own behalf, agreed that the application be granted subject to a satisfactory inspection of the vehicle to be operated in the course of the business by the Environmental Health and Trading Standards Department.

In the case of Application No 2, there being no objections, the Committee agreed that the application be granted.

(c) USE OF MURRAYGATE - NEW APPLICATION

There was submitted an application by the AOG Full Gospel Church for the use of the Murraygate every Wednesday from 2pm to 3pm to play music and distribute leaflets.

There being no objections, the Committee agreed that the application be granted for a period of six months.

(d) WINDOW CLEANERS - NEW APPLICATIONS

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

(e) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1, 3 and 4, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application No 2, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed that the application be granted.

In the case of Application No 5, the Committee noted that the objector to this application was not present. The Committee, having heard a representative of the Housing Department and a representative of Tayside Police, an agent on behalf of the applicant, and consideration of the content of the letter of objection which had been submitted by a member of the public, agreed that the application be granted.

In the case of Application No 6, having heard a representative of the Housing Department, an agent on behalf of the applicant, and consideration of supplementary information which had been tabled by the Housing Department in the form of a location plan, and consideration of the advice of the Legal Officer, the Convener, seconded by Councillor David Bowes, moved that the application be refused.

As an amendment, Councillor Jimmy Black, seconded by Bailie Roderick A J Wallace, moved that the application be granted.

On a division, there voted for the motion - the Convener, Councillors Tom Ferguson, Helen Dick and David Bowes (4); and for the amendment - Councillor Jimmy Black and Bailie Roderick A J Wallace (2) - whereupon the motion was declared carried and the application was refused.

In the case of Application Nos 7 to 10, the Committee agreed that consideration of these applications be deferred to a future meeting.

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 APPLICATION

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

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

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

There was submitted a letter of information from the Corporate Food Safety Adviser and Tobacco Control Officer relevant to the conduct of Mr K D during the currency of his Taxi Driver's Licence. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter and having heard the Corporate Food Safety Adviser and Tobacco Control Officer and considered the advice of the Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr K D be suspended for the unexpired portion of the licence.

Lord Provost John R LETFORD, Convener.