Licensing Committee - 16/08/2007

At a MEETING of the LICENSING COMMITTEE held at Dundee on 16th August, 2007.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 14th June, 2007 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 14th June, 2007 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

II MINUTE OF MEETING OF TAXI LAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 20th June, 2007 was submitted and approved, a copy of which is attached to this minute as Appendix II.

The Convener 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 involved.

III MINUTE OF MEETING OF TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 13th August, 2007 was submitted and approved, a copy of which is attached to this minute at Appendix III.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) CINEMA LICENCE - NEW APPLICATION

There was submitted the undernoted application:-

In the case of this application, the Committee, after having heard Environmental Health Officer and the applicant on their own behalf, agreed that the application be granted.

(b) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application numbers 1 to 13, there being no objections, the Committee agreed that the applications be granted.

In the case of application number 14, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, the Committee agreed that the application be refused.

(c) METAL DEALER - NEW APPLICATION

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

(d) PRIVATE HIRE CAR DRIVER'S LICENCE - NEW APPLICATION

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

(e) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(f) SECOND HAND DEALER - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application numbers 1 to 18, there being no objections, the Committee agreed that the applications be granted.

In the case of application number 19, the Committee noted that this application had been withdrawn from consideration.

(g) LICENSING OF SKIN PIERCING AND TATTOOING ORDER 2006 - NEW APPLICATIONS

There were submitted the undernoted applications:-

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 gave consideration to an objection which had been submitted by the Environmental Health Department. Thereafter, having heard the Environmental Health Officer and the representative on behalf of the applicant, the Committee agreed that the application be granted.

(h) TAXI FARES

The Committee noted that this item of business was referred to at Article II of this minute.

(i) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application numbers 1 to 24, there being no objections, the Committee agreed that the applications be granted.

In the case of application numbers 25 to 27, the Committee noted that these applications had been withdrawn from consideration by the applicants.

(j) TAXI DRIVER'S LICENCE - RENEWAL

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

(k) TAXI LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application numbers 1 to 7, there being no objections, the Committee agreed that the applications be granted.

In the case of application number 8, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted.

In the case of application number 9, the Committee agreed that this application be considered in the private part of the agenda.

(l) TAXI TEST

There was submitted a letter by Mr James Durris (Plate No 620).

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

(m) PUBLIC PROCESSION

It was reported that a notification had been received from the Apprentice Boys of Derry, City of Dundee Campsie Club of a procession on Sunday, 4th November, 2007.

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

(n) WINDOW CLEANERS - NEW APPLICATIONS

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

(o) USE OF MURRAYGATE

It was reported that an application had been received from the AOG Full Gospel Church for the use of the Murraygate every Wednesday from 2 pm to 3 pm to play music and distribute leaflets.

The Committee agreed that the application be granted for a period of six months.

(p) HOUSES IN MULTIPLE OCCUPATION LICENCES - OCCUPANCY PENDING DETERMINATION OF APPLICATIONS

It was reported that a change in policy was requested to ensure that Houses in Multiple Occupation cannot operate as such until after a licence has been granted. The policy would be applied to all new applications received following this meeting.

It was reported that with the introduction of mandatory licensing for HMO's in 2000 it was, for practical reasons, necessary to accept that the vast majority were occupied under a legal tenancy agreement and allow their continued operation whilst the licence application was determined. Effectively the Committee were considering retrospective applications.

This approach had been continued to date and has been influenced by the Council's ability to police the alternative, the difficulties of ending a legal tenancy agreement and the potential for creating homelessness. The exception being where there were concerns over the condition or management of a property. However, it was now some 6= years since the introduction of the legislation and a number of ongoing issues caused the Council to reconsider this position. In many cases, the applicants failed to complete all necessary work in an adequate timescale and although often of a minor nature, this could involve subsequent visits which whilst charged for, result in the loss of officer time to the task of processing new applications and carrying out enforcement work. Furthermore, there was a concern that this continued approach enabled a landlord who had avoided licensing to become legitimate by simply submitting an application.

By insisting that a property could not be operated as an HMO until a licence had been granted and ensuring that an application was only referred to the Committee once all work had been satisfactorily completed, there would be a greater incentive for landlords to comply. The quicker the landlord ensured compliance, the quicker the licence application would be considered by Committee. Such an approach would also ensure that HMO's were only occupied once they were fully compliant thus avoiding potential disruption and risk to tenants where work is carried out within the property during its occupation.

Exceptions to the rule would be new purpose built HMO's, such as Student Halls of Residence which have been built to HMO standards and have Certificates of Completion and existing licensed properties subject to licence renewal or where ownership has changed. The policy should therefore only effect properties entering the HMO market for the first time.

Landlords would have the ability to let property which was subject to an application for licence providing the occupancy remained below the HMO threshold and providing that they and their property were registered under Landlord Registration. This approach would require greater policing but increased resources would be available to help in this area.

The Committee agreed:-

(i) the terms of the note;

(ii) to a change in policy to ensure that Houses in Multiple Occupation could not operate as such until after a licence had been granted; and

(iii) that the policy change be applied to all new applications received following this meeting.

The Convener 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 involved.

(q) REGISTRATION OF PRIVATE LANDLORDS

There was submitted Report No 209-2007 by the Director of Housing on the progress of the Private Landlord Registration Scheme implemented on 30th April, 2006 under the Anti-social Behaviour etc (Scotland) Act 2004, and seeking delegated authority to consider and determine the outcome of all applications for registration.

The Committee agreed:-

(i) to delegate authority to the Director of Housing to approve applications where there was no negative information or legitimate concern about an applicant in keeping with the light touch approach recommended by the Scottish Executive;

(ii) to note that those applications from landlords holding a current HMO Licence would be passported into registration;

(iii) that applications for registration from new users who did not hold a current HMO Licence and who declared a property an HMO would be determined by the Licensing Committee as part of the HMO Licensing process;

(iv) to the establishment of a Joint Officers' Review Group to facilitate inter-departmental liaison, agree information transfer arrangements and scrutinise, as required, each application received; and

(v) that in the case of applications where it was considered there were legitimate concerns regarding the competence or fitness of a landlord and a recommendation to refuse or revoke registration was being considered, that these be referred to the Licensing Committee for a decision.

(r) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application number 1, the Committee, after having heard a representative on behalf of the applicants, agreed that the application be granted.

In the case of application number 2, the Committee, after hearing the applicant on their own behalf, agreed that the application be granted.

In the case of application numbers 3 to 88, there being no objections, the Committee agreed that the applications be granted.

In the case of application number 89, the Committee, after hearing an agent on behalf of the applicant, agreed that the application be refused.

In the case of application number 90, the Committee, after hearing an agent on behalf of the applicant, agreed that the application be granted.

In the case of application number 91, the Committee noted this application had been withdrawn from consideration.

In the case of application number 92, Councillor Helen Dick declared a non-financial interest prior to its consideration by virtue of the applicant being known to her in a personal capacity and left the Chamber during consideration of this item of business. Thereafter, having given consideration to a letter of observation, which had been submitted by the Private Sector Services Manager, the Committee agreed that the application be granted.

In the case of application number 93, Councillor Helen Dick returned to the Chamber prior to its consideration. Thereafter, having given consideration to a letter of objection which had been submitted by the Private Sector Services Manager and having heard a representative on behalf of the applicant, the Committee agreed that the application be refused.

In the case of application number 94, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager. Thereafter, having heard the Private Sector Services Manager and a representative on behalf of the applicant, the Committee agreed that the application be granted subject to management arrangements being confirmed to the satisfaction of the Housing Department.

In the case of application number 95, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager. Thereafter, having heard the applicant on their own behalf and the Private Sector Services Manager, the Committee agreed that the application be granted subject to management arrangements being confirmed to the satisfaction of the Housing Department.

In the case of application number 96, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted.

In the case of application number 97, the Committee noted that this application be remitted back by the Sheriff for further consideration. The Committee gave consideration to the original letter of objection which had been submitted by a member of the public and a letter of support which had been submitted on behalf of the applicant. Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that consideration of the application be deferred to a future meeting of the Committee.

In the case of application number 98, the Committee noted that this application had been deferred from the meeting of the Licensing Committee held on 14th June, 2007 to enable the applicant to appoint a day to day manager and, after receiving confirmation from a representative on behalf of the applicant that management arrangements were now in place, agreed that the application be granted.

In the case of application number 99, the Committee, after hearing the applicant on their own behalf, agreed that the application be granted subject to confirmation being received from the applicant at the November Licensing Committee meeting that appropriate management arrangements were in place.

In the case of application numbers 100 to 161, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(s) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

(1) There was submitted a request for variation for 3/1, 93 Nethergate to change of day-to-day manager to Hamish Robbie Lettings Ltd.

(2) There was submitted a request for variation for 33 Bonnethill Place to change of day-to-day manager to Belvoir Lettings Dundee.

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

(t) AUTHORISATION OF OFFICERS

The Committee noted that the City Centre Ambassadors were authorised to request production of the licence or badge from any person purporting to be licensed to carry out a licensable activity eg window cleaners, and agreed that the undernoted Smoking Enforcement Officers be similarly authorised in respect of all licensable activities:-

Simon Goulding

Graeme Petrie

In the event of anyone failing to produce a badge they would be reported to Tayside Police, and anyone in breach of a licence condition would be reported to the Licensing Committee.

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 I of Schedule 7A to the above Act.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted two applications by Mr L C for Houses in Multiple Occupation Licences. The Committee gave consideration to letters of objection which had been submitted by Tayside Police relative to these applications. Thereafter, having heard a representative of Tayside Police and an agent on behalf of the applicants, the Committee agreed that the applications be granted for a period of six months.

(b) HOUSES IN MULTIPLE OCCUPATION - RENEWALS

There was submitted an application by Mr L C for renewal of Houses In Multiple Occupation Licences. The Committee gave consideration to a letter of objection which was submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police and an agent on behalf of the applicant, the Committee agreed that the application be granted for a period of six months.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

There was submitted a letter of information from the Corporate Food Safety and Tobacco Control Officer, Environmental Health and Trading Standards relevant to the conduct of Mr G R during the currency of his Taxi Driver's Licence. The Committee, after having heard from the Corporate Food Safety and Tobacco Control Officer and the licence holder on their own behalf, agreed that the matter be deferred to a future meeting of the Committee.

(d) TAXI DRIVER'S/TAXI OPERATOR LICENCES - SUSPENSION HEARING

(i) There was submitted a letter of information from the Corporate Food Safety and Tobacco Control Officer, Environmental Health and Trading Standards, relevant to the conduct of Mr C K, during the currency of his Taxi Driver's and Taxi Operator's Licences. Thereafter, the Committee, having heard from the Corporate Food Safety and Tobacco Control Officer and the licence holder on their own behalf, agreed that the licence holder be issued with a warning and that no further action be taken.

(ii) There was submitted a letter of information from the Chief Constable, relevant to the conduct of Mr A C, during the currency of his Taxi Driver's and Taxi Operator's Licences. Thereafter, the Committee, having heard from the representative of Tayside Police and an agent on behalf of the licence holder, agreed that no further action be taken.

(e) TAXI LICENCE - APPLICATIONS

(i) There was submitted an application by Mr J C for a Taxi Licence. The Committee noted that this application had been remitted back by the Sheriff for further consideration and copies of previous correspondence were submitted and considered by the Committee. Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that the application be granted subject to the usual conditions.

(ii) There were submitted applications by Company B for Taxi Licences.

The Committee gave consideration to information which had been submitted by the Clerk and the Legal Officer. Thereafter, having heard a representative on behalf of the applicant, the Committee agreed that the applications be granted subject to the usual conditions.

(iii) There was submitted an application by Mr I M for a Taxi Licence.

The Committee noted that the applicant had failed to renew his Taxi Licence on 31st May, 2007 and having given consideration to the content of a letter of support submitted by the applicant and after having heard the applicant on their own behalf, agreed that the application be granted and that the policy in relation to the putting in service an accessible vehicle be not applied.

(f) PRIVATE HIRE LICENCE - NEW APPLICATIONS

There were submitted 71 applications by Company B for Private Hire Licences.

The Committee agreed that the applications be granted.

(g) WINDOW CLEANER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr A T for a Window Cleaner's Licence.

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

Lord Provost John R LETFORD, Convener.