Licensing Committee - 01/03/2007
At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st March, 2007.
Present:-
Lord Provost John R LETFORD
BAILIES
|
John CORRIGAN |
Bruce D MACKIE |
Neil I C POWRIE |
COUNCILLORS
|
Jill SHIMI |
Andrew DAWSON |
Charles A WEBSTER |
|
Helen DICK |
|
Roderick A J WALLACE |
Bailie Bruce D MACKIE, Convener, in the Chair.
The minute of meeting of this Committee of 1st February, 2007 was held as read.
Unless marked thus * all items stand delegated.
I MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE
The minutes of meetings of the Licensing Sub-Committee held on 1st and 15th February, 2007 were submitted and approved, a copy of which are attached to this minute as Appendices II and III.
II LICENSING OF SKIN PIERCING AND TATTOOING
Reference was made to Article II(h) of the minute of meeting of this Committee of 2nd March, 2006 which approved the conditions attached to licensing for the above activity.
Following consultation carried out by the Scottish Executive, it was agreed that the attached conditions (Appendix I) be a condition of all licences granted. It was further agreed that all applications outstanding would be placed before the Committee at its meeting on 29th March, 2007.
III CIVIC GOVERNMENT (SCOTLAND) ACT
(a) LATE HOURS CATERING LICENCE - NEW APPLICATIONS
There was submitted the undernoted application:-
|
No |
Name |
Address of Premises |
Hours of Opening
|
|
1 |
Nethergate News/ Mohammed Arshid |
Nethergate News 96 Nethergate |
From 11pm to 2.30am Mondays to Sundays |
In the case of the above application, there being no objections, the Committee agreed that the above application be granted.
(b) PRIVATE HIRE DRIVER'S LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
|
|
1 |
Albert Graham |
|
|
2 |
Mark Rowan |
|
In the case of the above applications, there being no objections, the Committee agreed that the applications be granted.
(c) PRIVATE HIRE LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
|
|
1 |
Brian Crombie |
|
|
2 |
Peter Fraser |
|
|
3 |
Mark Horn |
|
|
4 |
Michael Malone |
|
|
5 |
Nicola McKay |
|
In the case of the above applications, there being no objections, the Committee agreed that the applications be granted.
(d) SECOND HAND DEALER'S LICENCE - NEW APPLICATION
There was submitted the undernoted application:-
|
No |
Name |
Address of Premises |
Type of Goods
|
|
1 |
Kathryn McLaren |
Perrie Street (East Side) |
Second Hand Cars |
In the case of the above application, there being no objections, the Committee agreed that the application be granted.
(e) STREET TRADER'S LICENCE - NEW APPLICATIONS
There was submitted the undernoted application:-
|
No |
Name |
Address |
Type of Goods
|
|
1 |
Robert Teviotdale |
85 Keptie Street, Arbroath |
Fresh Fish |
In the case of the above application, there being no objections, the Committee agreed that the application be granted.
(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
|
|
1 |
Shaukat Ali |
|
|
2 |
Roderick Balfour |
|
|
3 |
Anthony Brannan |
|
|
4 |
David Cartmill |
|
|
5 |
Johannes Conradie |
|
|
6 |
James Downie |
|
|
7 |
Archibald Finnigan |
|
|
8 |
Barry Gallacher |
|
|
9 |
Eric Jeffrey |
|
|
10 |
George McLaren |
|
|
11 |
Craig Middleton |
|
|
12 |
Abid Rafiq |
|
|
13 |
Abdul Salam |
|
|
14 |
Gordon Stewart |
|
|
15 |
Eric Wilton |
|
|
16 |
Alex Wylie |
|
In the case of the above applications, there being no objections, the Committee agreed that the applications be granted.
(g) TAXI DRIVER'S LICENCE - RENEWALS
There was submitted the undernoted application:-
|
No |
Name |
|
|
1 |
Grant Campbell |
|
In the case of the above application, there being no objections, the Committee agreed that the application be granted.
(h) TAXI LICENCE - NEW APPLICATIONS
There was submitted the undernoted application:-
|
No |
Name |
|
|
1 |
Allan McIntosh |
|
In the case of the above application, there being no objections, the Committee agreed that the application be granted subject to the usual conditions.
(i) TAXI LICENCE - EXTENSION TO 28 DAY PERIOD
There was submitted the undernoted application:-
|
No |
Applicant |
|
|
1 |
Dundee Taxi Cab Company Ltd/ William Rattray |
|
In the case of the above application, the Committee, having heard from the applicant on their own behalf, agreed to an extension of the twenty eight day period.
(j) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
|
|
1 |
Andrew Bain |
|
|
2 |
William Beveridge |
|
|
3 |
Andrew Black |
|
|
4 |
Paul Montgomery |
|
In the case of the above applications, there being no objections, the Committee agreed that the applications be granted subject to the usual conditions.
(k) WINDOW CLEANER'S LICENCE - RENEWAL
There was submitted the undernoted application:-
|
No |
Name |
|
|
1 |
Michael Robertson |
|
In the case of the above application, there being no objections, the Committee agreed that the application be granted subject to the usual conditions.
(l) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
Address
|
|
|
1 |
Robert Rudman |
Top Left, 9 Blackness Avenue |
|
|
2 |
Importa Ltd/David Anderson |
Floor 1/Flat 2, 47 Dudhope Street |
|
|
3 |
Importa Ltd/David Anderson |
Floor 1/Flat 1, 47 Dudhope Street |
|
|
4 |
Importa Ltd/David Anderson |
Floor 1/Flat 3, 47 Dudhope Street |
|
|
5 |
Importa Ltd/David Anderson |
Floor 1/Flat 4, 47 Dudhope Street |
|
|
6 |
Importa Ltd/David Anderson |
Floor 2/Flat 1, 47 Dudhope Street |
|
|
7 |
Importa Ltd/David Anderson |
Floor 2/Flat 2, 47 Dudhope Street |
|
|
8 |
Importa Ltd/David Anderson |
Floor 2/Flat 3, 47 Dudhope Street |
|
|
9 |
Importa Ltd/David Anderson |
Floor 2/Flat 4, 47 Dudhope Street |
|
|
10 |
Importa Ltd/David Anderson |
Floor 3/Flat 1, 47 Dudhope Street |
|
|
11 |
Importa Ltd/David Anderson |
Floor 3/Flat 3, 47 Dudhope Street |
|
|
12 |
Importa Ltd/David Anderson |
Floor 3/Flat 4, 47 Dudhope Street |
|
|
13 |
Christine V Dougan |
Top Floor, 47 Magdalen Yard Road |
|
|
14 |
John Henderson |
12 Milnbank Gardens |
|
|
15 |
John Henderson |
11 Milnbank Gardens |
|
|
16 |
Karim S Saykali |
2 Milnbank Gardens |
|
|
17 |
Satpal Singh |
7 Milnbank Gardens |
|
|
18 |
Importa Ltd/David Anderson |
Floor 3/Flat 2, 47 Dudhope Street |
|
|
19 |
John MacDonald |
23 Constitution Crescent |
|
|
20 |
Century 21 Homes Ltd/June Clark |
3rd Floor, 57a Perth Road |
|
|
21 |
Flats 4 U Ltd/James Smith & Mark Forbes |
Top Floor, 275 Hawkhill |
|
|
22 |
Sagir Ahmed |
2nd Floor, 47 Milnbank Road |
|
|
23 |
Richard Kiru |
52 Rosefield Street |
|
|
24 |
Grant Residential Property/ Peter Grant |
G/L, 1 Rustic Place |
|
|
25 |
Thomas & Maria M Scoular |
1/2, 25 Morgan Street |
|
|
26 |
Heidi Sowerbutts |
2/1, 2 Forebank Terrace |
|
|
27 |
Simon Messer |
3/1, 7 Blackness Avenue |
|
|
28 |
Mr & Mrs R Bailey |
4 (2/1) Garland Place |
|
|
29 |
Deirdre L McKean |
29 Kinloch Park |
|
|
30 |
Hillcrest Housing Association/ N Munro |
West Flat, 2 Sugarhouse Wynd |
|
|
31 |
Hillcrest Housing Association/ N Munro |
East Flat, 2 Sugarhouse Wynd |
|
|
32 |
Raymond Lowde |
G/R, 261 Blackness Road |
|
|
33 |
Ian McLauchlan |
G/L, 265 Blackness Road |
|
|
34 |
Richard Grant |
1/1, 149 Clepington Road |
|
|
35 |
Kilian Toal |
9 Dudhope Gardens |
|
|
36 |
Musto Properties Ltd/Ralph & Joanne Musto |
Flat 10, 66 Seagate |
|
The Committee agreed to defer application Nos 37 and 38.
|
37 |
Anil Tewari |
76E Victoria Road |
|
38 |
Anil Tewari |
76C Victoria Road |
(i) In the case of Application No 1, the Committee, after hearing first the applicant on their own behalf, the Housing Officer and the Clerk, agreed that the application be granted.
(ii) In the case of Application Nos 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 18, the Committee, after hearing from an agent on behalf of the applicant, the Housing Officer and the Clerk, agreed that the applications be granted.
(iii) In the case of Application No 13, the Committee, after hearing from the applicant on their own behalf, the Housing Officer and the Clerk, agreed that the application be granted subject to a suitable managing agent being appointed within one month.
(iv) In the case of Application Nos 14 and 15, the Committee, after hearing from an agent on behalf of the applicant, the Housing Officer and the Clerk, agreed that the applications be granted.
(v) In the case of Application No 16, the Committee, after hearing from the Housing Officer and the Clerk, agreed that the application be refused.
(vi) In the case of Application No 17, the Committee, having heard from an agent on behalf of the applicant, the Housing Officer and the Clerk, agreed that the application be granted.
(vii) In the case of Application No 19, the Committee, after hearing from the applicant on their own behalf, the Housing Officer and the Clerk, agreed that the application be granted.
(viii) In the case of Application No 20, the Committee, having heard from an agent on behalf of the applicant, the Housing Officer and the Clerk, agreed that the application be granted.
(ix) In the case of Application No 21, the Committee, having heard from a representative on behalf of the applicant, the Housing Officer and the Clerk, agreed that the application be granted.
(x) In the case of Application No 22, the Committee, having heard from a representative on behalf of the applicant, the Housing Officer and the Clerk, agreed that the application be granted.
(xi) In the case of Application No 23, the Committee, having heard from a representative on behalf of the applicant, the Housing Officer and the Clerk, agreed that the application be granted.
(xii) In the case of Application No 24, the Committee, having heard from the Housing Officer and the Clerk, agreed that the application be granted.
(xiii) In the case of Application No 25, the Committee, having heard from the Housing Officer and the Clerk, agreed that the application be granted.
(xiv) In the case of Application No 26, the Committee, having heard from the Housing Officer and the Clerk, agreed that the application be granted.
(xv) In the case of Application No 27, the Committee, having heard from an agent on behalf of the applicant, the Housing Officer and the Clerk, agreed to a variation to the condition of approval.
(xvi) In the case of Application No 28, the Committee noted that it was not be considered.
(xvii) Councillor Helen Dick declared a non-financial interest by virtue of a representative of the applicant being known to her in a personal capacity and withdrew from the Chamber during its consideration. Councillor Dick returned to the Chamber prior to consideration of Application Nos 30 and 31.
In the case of Application No 29, the Committee considered letters of objection, heard from a representative of the applicant, the Housing Officer and the Clerk.
The Convener, seconded by Councillor Wallace, moved to grant the application.
As an amendment, Bailie Powrie, seconded by the Lord Provost, moved to refuse the application.
On a division there voted for the motion, the Convener and Councillors Dawson, Wallace and Webster (4); and for the amendment - the Lord Provost and Bailie Powrie (2) - Bailie Corrigan and Councillors Shimi and Dick being absent when the vote was taken, whereupon the motion was declared carried granting the application.
(xviii) In the case of Application Nos 30 and 31, the Committee, having heard from an objector, the applicant, Housing Officer and the Clerk, agreed that the applications be granted.
(xiv) In the case of Application No 32, the Committee, having considered a letter of objection and heard from an agent on behalf of the applicant, the Housing Officer and Clerk, agreed that the application be granted.
(xv) In the case of Application No 33, the Committee considered a letter of objection and heard from an agent on behalf of the applicant, the Housing Officer and the Clerk, agreed that the application be granted.
(xvi) In the case of Application No 34, the Committee having considered a letter of objection and heard from an agent on behalf of the applicant, the Housing Officer and the Clerk, agreed that the application be granted.
(xvii) In the case of Application No 35, the Committee considered letters of objection and heard from a representative of the applicant, the Housing Officer and the Clerk.
The Convener, seconded by Councillor Wallace, moved to grant the application. As an amendment, the Lord Provost, seconded by Bailie Powrie, moved to refuse the application.
On a division, there voted for the motion, the Convener and Councillors Shimi, Wallace and Webster (4); and for the amendment - the Lord Provost and Bailie Powrie (2) - Bailie Corrigan and Councillors Dick and Dawson being absent when the vote was taken, whereupon the motion was declared carried granting the application.
(xviii) In the case of Application No 36, the Committee, having noted that an objection had been withdrawn and heard from the Housing Officer and the Clerk, agreed that the application be granted.
(m) HOUSES IN MULTIPLE OCCUPATION - RENEWALS
There was submitted the undernoted application:-
|
No |
Name |
Address
|
|
1 |
Elizabeth Smith |
Westlands, 44 Strathern Road |
The Committee considered letters of objection, heard from objectors, an agent on behalf of the applicant, the Housing Officer and the Clerk.
The Convener, seconded by Councillor Webster, moved to grant the application for three years with conditions.
As an amendment, Councillor Wallace, seconded by the Lord Provost, moved to grant the application for one year with conditions.
On a division, there voted for the motion, the Convener and Councillor Webster (2); and for the amendment - the Lord Provost, Bailie Powrie and Councillors Shimi, Dawson and Wallace (5) - Bailie Corrigan and Councillor Dick being absent when the vote was taken - whereupon the amendment was declared carried granting the application for one year with conditions.
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 to the above Act.
IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) PRIVATE HIRE LICENCE - EXTENSION TO 28 DAY PERIOD
Councillor Dawson declared a non-financial interest by virtue that the licence holder was known to him. Councillor Dawson withdrew from the Chamber prior to consideration of the item and returned to the Chamber prior to the consideration of Item IV(b).
There was submitted a letter from Mr RB relative to the above. The Committee, having heard from the licence holder on their own behalf, agreed to an extension until May 2007.
(b) TAXI LICENCE - EXTENSION TO 28 DAY PERIOD
A request had been received from Mr JR to address the Committee relative to the above.
The Committee, having heard from the licence holder on their own behalf, agreed to an extension until May 2007.
(c) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
The Committee considered a letter of representation from the Chief Constable, heard from an agent on behalf of the applicant, the Chief Constable's representative, the Housing Officer and the Clerk relative to Application Nos 1, 2, 3, 4 and 5.
In the case of Application Nos 1, 2 and 3, the Committee agreed that they be deferred.
In the case of Application No 4, the Convener, seconded by Councillor Wallace, moved to grant the application until June 2007.
As an amendment, the Lord Provost, seconded by Bailie Powrie, moved to refuse the application.
On a division, there voted for the motion, the Convener and Councillors Wallace and Webster (3); and for the amendment - the Lord Provost, Bailie Powrie and Councillor Dawson (3) - Bailie Corrigan and Councillors Shimi and Dick being absent when the vote was taken. There being a parity of votes, the Convener used his casting vote in favour of the motion granting the application until June 2007.
In the case of Application No 5, the Committee agreed to grant the application until June 2007.
In the case of Application No 6, the Committee gave consideration to a letter which had been submitted by the Chief Constable relative to this application. Part of the letter referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and, after hearing from the Chief Constable's representative as to their age and nature, the Committee agreed they may be considered since justice could not otherwise be done.
Thereafter, having considered an objection and having heard from an agent on behalf of the applicant, the Chief Constable's representative, the Housing Officer and the Clerk, the Committee agreed that the application be refused on the ground of fitness. Prior to the Committee's determination of this application, the applicant's agent requested and was granted leave by the Committee to withdraw from acting on behalf of the applicant.
In the case of Application No 7, the Committee considered a letter of representation from the Chief Constable, an objection, and having heard from the Chief Constable's representative, the Housing Officer and the Clerk, agreed that the application be refused on the ground of fitness.
(d) LATE HOURS CATERING - NEW APPLICATION
The Committee, having considered letters of objection and heard from the applicant on their own behalf, agreed to grant the application from 11 pm to 12 midnight Friday and Saturday.
(e) PRIVATE HIRE LICENCE - NEW APPLICATION
The Committee, having considered a letter of objection and heard from the Chief Constable's representative and the Clerk, agreed to defer the application.
(f) TAXI DRIVER'S LICENCE - NEW APPLICATION
The Committee, having noted a letter of representation from the Chief Constable, heard from the applicant on their own behalf and from the Chief Constable's representative, agreed to defer the application.
(g) TAXI DRIVER'S LICENCE - SUSPENSION HEARING
The Committee noted that the Suspension Hearing relative to Mr RS had been withdrawn from the agenda.
(h) TAXI OPERATOR'S LICENCE - SUSPENSION HEARING
There was submitted a letter of complaint from the Plant and Vehicle Officer relative to DTC during the currency of their licence.
The Committee gave consideration to the content of the letter which had been submitted by the Plant and Vehicle Officer. Thereafter, having heard from the Plant and Vehicle Officer and a representative of the licence holder, the Committee agreed no further action be taken.
Bruce D MACKIE, Convener.