Licensing Committee - 30/03/2006

At a MEETING of the LICENSING COMMITTEE held at Dundee on 30th March, 2006.

Present:-

BAILIES

COUNCILLORS

Baillie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 2nd March, 2006 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 2nd March, 2006 was submitted for information and record purposes, a copy of which is attached as an appendix to this minute.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 6, there being no objections, the Committee agreed that the applications be granted.

In the case of Application Nos 7 to 10, the Committee, after having heard a representative of the Housing Department and consideration of the advice of the Clerk, agreed that the applications be deferred to a future meeting of the Committee for consideration.

In the case of Application No 11, the Committee noted that the objectors to this application were not present and after having given consideration to the letters of objection which had been submitted by members of the public and having heard a representative of the Housing Department and an agent on behalf of the applicant, the Convener, seconded by Councillor Webster, moved that the application be granted.

As an amendment, the Lord Provost, seconded by Bailie Corrigan, moved that the application be refused.

On a division, there voted for the motion - the Convener and Councillor Webster (2); and for the amendment - the Lord Provost, Councillor Andy Dawson, Bailie Corrigan, Bailie Powrie and Councillor Wallace (5) - whereupon the amendment was declared carried and the application was refused.

In the case of Application No 12, the Committee noted that the objectors were not present and after having given consideration to the letters of objection which had been submitted by members of the public and having heard a representative on behalf of the Housing Department and consideration of the advice of the Clerk and having the heard the applicant on their own behalf, the Convener moved that the application be granted but failed to find a seconder whereupon the motion fell.

Thereafter the application was refused.

In the case of Application No 13, the Committee noted that the objectors were not present and after having given consideration to the letters of objection which had been submitted by members of the public and having heard a representative on behalf of the Housing Department and consideration of the advice of the Clerk and having the heard the applicant on their own behalf, the Convener moved that the application be granted but failed to find a seconder whereupon the motion fell.

Thereafter the application was refused.

In the case of Application No 14, the Committee noted that the objector to this application was not present and having heard an agent on behalf of the applicant and consideration of the advice of the Clerk, agreed that the application be granted for a period of six months.

In the case of Application No 15, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, the Committee, having heard an objector on their own behalf and having given consideration to the letters of objection which had been submitted by members of the public and having heard the observations of the representative of the Housing Department and the representative of Tayside Police and consideration of the advice of the Clerk, agreed that the application be refused.

In the case of Application No 16, the Committee noted that the objectors were not present and after consideration a letter of objection which had been submitted by a member of the public, and having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Clerk agreed that the application be granted.

In the case of Application No 17, the Committee gave consideration to letters of objection which had been submitted by members of the public and the Private Sector Services Unit and having heard an objector on their own behalf, and a representative of the Private Sector Services Unit and the applicant on their own behalf and following consideration and advice of the Clerk and the Legal Officer, the Convener moved that the application be granted for a period of three months but failed to find a seconder whereupon the motion fell.

Thereafter the application was refused.

In the case of Application No 18, the Committee after consideration of a letter of objection which had been submitted by the Private Sector Services Unit and after having heard a representative of the Private Sector Services Unit and having heard the applicant on their own behalf, agreed that the application be granted for a period of three months subject to a satisfactory inspection.

In the case of Application Nos 19, 21 and 22, the Committee, having given consideration to letters of objection which had been submitted by the Private Sector Services Unit and having heard a representative from the Private Sector Services Unit and an agent on behalf of the applicant, and consideration of the advice of the Clerk, agreed that the applications be granted for a period of three months.

In the case of Application No 20, the Committee, having given consideration to a letter of objection which had been submitted by the Private Sector Services Unit and having heard a representative from the Private Sector Services Unit and an agent on behalf of the applicant, and consideration of the advice of the Clerk, agreed that the application be granted for a period of three months subject to conditions.

In the case of Application Nos 23 to 28, having given consideration to letters of objection which had been submitted by the Private Sector Services Unit and having heard a representative of the Housing Department and an agent on behalf of the applicant, the Convener, seconded by Councillor Webster moved that the applications be granted for a period of three months.

As an amendment, the Lord Provost, seconded by Bailie Corrigan moved that the applications be refused.

On a division, there voted for the motion - the Convener, Councillor Wallace and Councillor Webster (3); and for the amendment - the Lord Provost, Councillor A Dawson, Bailie Corrigan and Bailie Powrie (4) - whereupon the amendment was declared carried and the applications were refused.

In the case of Application Nos 29 to 43, the Committee agreed that consideration of the applications be deferred to a future meeting.

(b) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests:-

1 Variation to change the day to day manager of the premises at 8a Prospect Place to Belvoir Lettings, and to increase the number of bed spaces from 4 to 5.

2 Variation to change the day to day manager of the premises at 9 Crescent Lane to Belvoir Lettings.

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

(c) LATE HOURS' CATERING LICENCE - NEW APPLICATION

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

(d) METAL DEALERS 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) PUBLIC PROCESSION - NEW APPLICATION

There was submitted a notification which had been received from the Apprentice Boys of Derry, City of Dundee Campsie Club for a public procession to be held on Sunday, 4th June, 2006 at 2.00pm.

The route would be Mains Loan, Clepington Road, Forfar Road, Albert Street, Princes Street, Murraygate, Panmure Street, Albert Square, Reform Street, High Street to Mecca Bingo, reverse to High Street and City Square.

It was reported that there were no objections to the notification. Thereafter the Committee agreed that the procession be held as indicated.

The Lord Provost took no part in the decision on the notification.

(g) SECOND HAND DEALER - NEW APPLICATION

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

(h) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 21, there being no objections, the Committee agreed that the applications be granted.

In the case of Application Nos 22 and 23, the Committee noted that the applicants had failed to pass the street test within the prescribed period and agreed that the applications be refused.

In the case of Application Nos 24 and 25, the Committee noted that these applications had been withdrawn from consideration by the applicants.

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

It was reported that the Peugeot Eurobus SE manufactured by Cabs Direct 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.

(j) TAXI LICENCE - NEW APPLICATIONS

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

(k) WINDOW CLEANERS - NEW APPLICATIONS

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

(I) FEES

(i) CIVIC GOVERNMENT (SCOTLAND) ACT 1982

It was reported that following an exercise carried out by the Depute Chief Executive (Finance), it was recommended that the following fees be fixed with effect from 1st April, 2006. The last increases were implemented in 2003/04, the first for three years and the increases amounted to 10 for fees over 200 and 5 for all other fees:-

The Committee agreed that the above fees be implemented and that they be effective from 1st April, 2006.

(ii) TEST CENTRE FEES

It was reported that Test Centre fees were increased in accordance with the agreed Retail Price Index (RPI) for the preceding financial year rounded down to the nearest 1. The RPI for 2005/06 was 3.29% and accordingly the fees from 1 April would be as follows:-

The Committee agreed that the above fees be implemented and that they be effective from 1st April, 2006.

(iii) HOUSES IN MULTIPLE OCCUPATION

It was reported that fees required to be revised due to an increase in charges from various departments, a greater level of enforcement and withdrawal of grant funding from the Scottish Executive.

Variations

The Committee agreed that the above fees be implemented and that they be effective from 1st April, 2006.

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 1 of Schedule 7A to the above Act.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATION

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

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative 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.

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

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative 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 granted for a period of one year.

(b) TAXI DRIVERS LICENCE - SUSPENSION HEARING

On a reference to Article I(b) of minute of meeting of the Licensing Sub-Committee of 2nd March, 2006, there was submitted a letter of information by the Chief Constable relative to the alleged conduct of the Mr G A.

The Committee noted that the complainant was not able to attend and after having heard a representative on their behalf and Mr G A, the Committee agreed that no further action be taken and that the licenceholder be given a warning.

(c) TAXI OPERATOR/TAXI DRIVERS LICENCES SUSPENSION HEARINGS

(i) There was submitted a letter of information by the Chief Constable relative to the alleged conduct of Mr A C during the currency of his Taxi Driver and Taxi Operator's licences.

The Committee noted that the applicant was not in attendance and agreed that consideration of the matter be deferred to a future meeting to allow the licenceholder to attend.

(ii) Bailie Corrigan declared a non-financial interest in relation to this matter by virtue of the applicant being known to him in a personal capacity and withdrew from the meeting during its consideration.

There was submitted a letter of information by the Chief Constable relative to the conduct of Mr A P during the currency of his Taxi Operator and Taxi Driver's licences.

The Committee, after having heard a representative of Tayside Police and consideration to CCTV footage relevant to the incident and having heard an agent on behalf of the applicant, agreed that no further action be taken and that the licenceholder be given a warning.

(d) TAXI LICENCE - REQUEST FOR VARIATION

There was submitted a request by Mr J R for variation to the terms of his taxi licence.

The Committee noted that Mr J R was not present and having given consideration to the content of the letter submitted by Mr J R and having heard the advice from the Clerk, agreed that the request be granted to the end of May 2006.

(e) RECALL OF SUSPENSION HEARING

On a reference to Article I(a)(ii) of minute of meeting of the Licensing Sub-Committee of 7th November, 2005, there was submitted a request by Mr S L for his suspension to be recalled.

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this request. Thereafter having given consideration to letters submitted by the applicant's agent and having heard a representative of Tayside Police and an agent on behalf of the applicant and having heard advice from the Legal Officer, agreed that the suspension be maintained.

BRUCE D MACKIE, Convener.