Licensing Committee - 30/09/2004

At a MEETING of the LICENSING COMMITTEE held at Dundee on 30th September, 2004.

Present:-

BAILIES

COUNCILLORS

The minute of meeting of this Committee of 2nd September, 2004 was held as read.

Unless marked thus * all items stand delegated.

I LOTTERIES AND AMUSEMENTS ACT 1976

(a) APPLICATIONS FOR PERMITS FOR AMUSEMENTS WITH PRIZES - NEW APPLICATIONS

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

(b) APPLICATIONS FOR PERMITS FOR AMUSEMENTS WITH PRIZES - RENEWAL

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

II GAME DEALER'S LICENCE

(a) GRANT OF A CERTIFICATE - NEW APPLICATION

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

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

The undernoted applications were submitted:-

In the case of applications numbers 1 to 12, there being no objections, the Committee agreed that the applications be granted.

In the case of application number 13, the Committee noted that the Private Sector Grants Unit had withdrawn their objection and there being no further objections, the Committee agreed that the application be granted.

In the case of applications numbers 14 and 15, the Committee noted that the applications had been withdrawn from consideration by the applicant.

Councillor Webster declared a financial interest in applicant No 16 by virtue of his employment with the University of Dundee as the agent for the applicant referred to the University of Dundee and its students in his submission and the economic benefit that they bring to the City. Councillor Webster left the room for the duration of the item.

In the case of application number 16, the Committee, after hearing an agent on behalf of the applicant and a representative on behalf of the objectors, the observations of the Housing Officer and consideration of the advice of the Legal Officer, and letters of support which had been tabled by the applicant, agreed that the application be granted.

In the case of applications numbers 17 to 29, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) PRIVATE HIRE LICENCE - NEW APPLICATION

Councillor Webster re-entered the room prior to consideration of the undernoted item of business.

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

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

The undernoted applications were submitted:-

In the case of application numbers 1, 2, 3 and 5, there being no objections, the Committee agreed that the applications be granted.

In the case of application number 4, the Committee, after hearing the applicant on their own behalf and the observations of the Environmental Health Officer, agreed that the application be deferred to the next meeting of the Committee for consideration.

In the case of application number 6, the Committee, after hearing the applicant on their own behalf and the observations of the Environmental Health Officer, agreed that the application be granted subject to a satisfactory inspection by the Environmental Health Department.

(d) SECOND HAND DEALER'S LICENCE - RENEWAL

The undernoted application was submitted:-

In the case of the above application, the Committee, after hearing the applicant on their own behalf and the observations of the Environmental Health Officer, agreed that the application be granted for a period of three months only.

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

The undernoted applications were submitted:-

In the case of application numbers 1 to 9, there being no objections, the Committee agreed that the applications be granted.

In the case of application numbers 11 and 14, the Committee noted that these applications had been withdrawn from consideration by the applicants.

In the case of application numbers 10, 12, 13 and 15, the Committee noted that the applicants had failed to pass the street test within the prescribed period and agreed that the applications be refused.

(f) TAXI LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

Prior to consideration of the applications, the Convener referred to observations from members of the public who had indicated that they had had difficulty entering and exiting accessible vehicles. Following consideration of advice from the Legal Officer, the Committee noted that it was stipulated in the conditions particular to taxi drivers, that they should provide assistance to members of the public as and when required to enable them to enter or exit any vehicle that they are operating or driving as a taxi. It was also agreed that the Clerk be remitted to seek expert opinion from the Health Board on the range of disabilities which may be encountered in this regard and submit a report to a future meeting of the Licensing Committee for consideration.

In the case of application Nos 1-5 there being no objections the Committee agreed that the applications be granted subject to conditions.

(g) PRIVATE HIRE LICENCES - AIRPORT TRANSFERS AND LIMOUSINES

With reference to Article III (e) of the minute of meeting of this Committee of 2nd September, 2004, wherein the Committee agreed that vehicles used for airport transfers and limousines be licensed as private hire cars. The Committee agreed that the conditions for stretch limousines which had been tabled by the Clerk and the conditions for private hire cars and private hire car drivers which had been submitted be approved, copies of which are attached as Appendices I, II and III.

(h) APPROVED LIST OF ACCESSIBLE VEHICLES - ADDITION TO LIST

It was reported that the Citroen Dispatch Euro Style manufactured by JMD, Unit 2, Midfield Court, Mitchelston Industrial Estate, Kirkcaldy, Fife had been assessed by the Plant and Vehicle Officer and the Cabs Enforcement Officer and that having received appropriate certification they had recommended that the vehicle be added to the list of accessible vehicles. The Committee agreed that the vehicle be added to the list of accessible vehicles subject to the condition that it be configured as a side-loading vehicle only capable of taking a maximum of 7 passengers.

(i) CITY SQUARE - APPLICATION FOR USE

There being no objections, the Committee agreed that the application by Bruce Kelly on behalf of the Dundee Ex-Services Association for the use of City Square on Saturday, 23rd October, 2004 be granted.

(j) UNLICENSED ACTIVITIES IN CITY CENTRE

It was reported that reports had been received about unlicensed window cleaners' operating for short periods, mainly in the City Centre area. The City Centre Ambassadors would be best placed to report any such activities and it was recommended therefore that the undernoted Ambassadors be authorised to request production of the licence or badge from any person purporting to be a licensed window cleaner or street trader:-

Mr James McDonald

Mr George Murphy

It was also reported that in the event of anyone failing to produce a badge the Ambassador would report that fact to Tayside Police who would take any further action necessary and that Tayside Police were supportive of this initiative.

Councillor Joe Morrow welcomed the initiative indicating that this would be a further step towards providing a safer City Centre and with the introduction of initiatives such as the Dundee Co-ordinated Anti-Crime Network (DUNCAN) would in turn contribute towards making Dundee a safer city.

The Committee agreed that City Centre Ambassadors, namely Mr James McDonald and Mr George Murphy, be authorised to request production of a licence or badge from any person purporting to be a licensed window cleaner or street trader within the City Centre area and noted that should anyone fail to produce a licence or badge of authorisation that this would be reported to Tayside Police for action.

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 this 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.

IV CIVIC GOVERNMENT (SCOTLAND) ACT, 1982

(a) METAL DEALERS - NEW APPLICATION

There was submitted an application by Mr A S for a metal dealer's licence, the Committee, after noting there was no one present on behalf of the applicant or the objector, agreed that consideration of the application be deferred until the December meeting of the Committee.

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

There was submitted an application by Mr A S for a second hand dealer's licence, the Committee after noting that there was no one present on behalf of the applicant or the objectors, agreed that consideration of the application be deferred until the December meeting of the Committee.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr S D for a taxi driver's licence.

The Committee, after hearing a representative on behalf of the applicant and the applicant on his own behalf and the observations of the representative of the Chief Constable, agreed that the application be granted.

(d) TAXI DRIVER'S LICENCE - RENEWALS

(i) There was submitted an application by Mr J C for a taxi driver's licence.

The Committee after hearing the applicant on his own behalf and the observations of the representative of the Chief Constable, agreed that the application be granted.

(ii) There was submitted an application from Mr J M for renewal of his taxi driver's licence.

The Committee after noting the applicant was not present, agreed the application be considered in their absence and thereafter having heard the representative of the Chief Constable, agreed that the application be granted.

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) With reference to Article IV(g)(i) of the minute of meeting of the Licensing Committee of 2nd September, 2004, there was submitted a letter of information by the Chief Constable relative to the conduct of Mr H D during the currency of his taxi driver's licence.

The Committee after hearing an agent on behalf of the applicant, agreed to note that no further action would be required to be taken as the applicant had surrendered his licence.

(ii) On a reference Article I(a) of the minute of meeting of the Licensing Sub Committee of 28th July, 2004, there was submitted a letter of information by the Chief Constable relative to the conduct of Mr G M during the currency of his taxi driver's licence.

The Committee after hearing the Clerk noted that no further action would be required to be taken as the licence was now forfeit as this had now been removed by a court of law.

(iii) On a reference to Article I(b) of the minute of meeting of the Licensing Sub Committee of 30th June, 2004, there was submitted a letter of information by the Chief Constable relative to the conduct of Mr W C during the currency of his taxi driver's licence.

The Committee after hearing a representative on behalf of the licence holder and the licence holder on his own behalf and the observations of the representative of the Chief Constable agreed that no further action be taken.

(f) TAXI LICENCE RENEWALS

(i) There was submitted an application by Mr H D for renewal of his taxi licence. The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable. Part of the objection 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 they not be considered.

The Committee also gave consideration to additional information which had been tabled by the representative of the Chief Constable.

Thereafter the Committee having heard an agent on behalf of the applicant and the observations of the representative of the Chief Constable and consideration of the advice of the legal officer, agreed that the application be refused.

(ii) There was submitted an application by Mr W C for renewal of his taxi licence. The Committee after hearing a representative on behalf of the applicant and the observations of the representative of the Chief Constable, agreed that the application be granted.

(g) WINDOW CLEANER'S LICENCE - RENEWALS

(i) There was submitted an application by Mr D A for renewal of his window cleaner's licence.

The Committee, after being advised that the applicant was not present, agreed that consideration of the application be deferred to a future meeting to allow the applicant to attend.

(ii) There was submitted an application by Mr D A for renewal of his window cleaner's licence.

The Committee, after being advised that the applicant was not present, agreed that consideration of the application be deferred to a future meeting to allow the applicant to attend.

(iii) There was submitted an application by Mr G McC for renewal of his window cleaner's licence.

The Committee, after being advised that the applicant was not present, agreed that the application be considered in their absence and thereafter gave consideration to a letter of representation which had been submitted by the Chief Constable. 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 they not be considered.

Thereafter having heard the observations of the representative of the Chief Constable, the Committee agreed that the application be refused.

(h) TAXI LICENCE - NEW APPLICATIONS

There was submitted an application by Mr G S for a taxi licence application.

After hearing the observations of the representative of the Chief Constable and the agent on behalf of the applicant and the applicant on their own behalf and consideration of a letter of support which had been submitted by the applicant, Bailie Mackie, seconded by Councillor Webster, moved that the application be refused. As an amendment Councillor A Dawson, seconded by Bailie Powrie moved that the application be granted.

On a division there voted for the motion Bailie Mackie, Councillor Dick, Bailie Corrigan, Councillor Fordyce and Councillor Webster (5); and for the amendment Councillor A Dawson, Bailie Powrie and Councillor Wallace (3) - whereupon the motion was declared carried and the application was refused.

BRUCE D MACKIE, Convener.