Licensing Committee - 28/06/2006

At a MEETING of the LICENSING COMMITTEE held at Dundee on 28th June, 2006.

 

Present:-

 

Lord Provost John R LETFORD

 

BAILIES

 

John CORRIGAN

Bruce D MACKIE

Neil I C POWRIE

 

COUNCILLORS

 

Jill SHIMI

Jim BARRIE

Roderick A J WALLACE

Helen DICK

 

Charles A WEBSTER

 

Bailie MACKIE, in the Chair.

 

The minute of meeting of this Committee of 1st June, 2006 was held as read.

 

Unless marked thus * all items stand delegated.

 

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) GAME DEALER - NEW APPLICATIONS

 

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

 

No

Name

Address

 

1

Tesco Stores Limited

Tesco, Kingsway, Dundee

 

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

The undernoted applications have been received:-

 

No

Name

Address

 

1

Mike Perring and

Cleodie Gladstone

265 Blackness Road (G/R)

2

Andrew Taggert

6 Urquhart Street

3

Graham Neish

1 Baxter Park Terrace

4

Dundee City Council

Housing Department

9 Springhill Gardens

5

Dundee City Council

Housing Department

39 Coniston Terrace

6

Robert Sterling

13 Panmure Street (2/1)

7

Brian McMillan and

Iain Haig Maudsley

32 Cowgate (Flat 4)

8

June Margarete Bedding and

David William Bedding

12 Garland Place (3/1)

9

Margaret Ruth McDowell and

Thomas Carlisle McDowell

63 Magdalen Yard Road (Flat E)

10

David Louis Cabrelli and

Paul Leddie

Osborne Terrace, (Top East Right)

11

Seafield Estates Limited/

Adam Hutcheson

166 Perth Road (Top East Right)

12

David Snodgrass

66 Peddie Street (Top Floor)

13

Derek Harper

9 Daniel Place

 

14

Natalie Anne Durk

82 Seafield Road

15

Malcolm McPherson

4 Invergowrie House

16

Mohammed Shahid

Stoneless Guest House, 69 Monifieth Road

17

Mohammed Shahid

Abertay Guest House, 65 Monifieth Road

18

Lee Chadwick

30 South Victoria Dock Road, Docks, Dundee

19

Gordon William Davidson

9 Cardean Street, Dundee

20

Devlin Properties Limited

30 Springfield, Dundee, DD1 4JE

21

Importa Limited

47 Dudhope Street, (3/2), Dundee, DD1 1JR

22

Tirath Ram Jassal and

Popinder Jassal

20 Forebank Road, (Ground Floor), Dundee, DD1 2PF

23

Popinder Pal Jassal/Tirath Ram Jassal

8 Eadies Road, (Flat A), Dundee

24

Popinder Pal Jassal/Tirath Ram Jassal

8 Eadies Road, (Flat C), Dundee

25

Popinder Pal Jassal/Tirath Ram Jassal

8 Eadies Road, (Flat B), Dundee

26

Raymond Douglas Lowde

261 Blackness Road, (Ground Right), Dundee,

DD2 1RX

27

David Whitcroft

138 Lochee Road, Dundee, DD2 2LB

28

Angus Thomas Ferrier Wright

40 Union Street, (3/R), Dundee, DD1 4BE

29

Grant Residential Property Limited

28 Clepington Road, (1/1), Dundee, DD3 7NX

30

Ian MacLachlan

265 Blackness Road, (Ground Left), Dundee,

DD2 1RX

31

John Maxwell MacDonald

23 Constitution Crescent, Dundee, DD3 6TT

32

Elaine Whiting Bailey and

Richard Malcolm Bailey

4 Garland Place, (2/1), Dundee

33

KORPP Limited

2 Mitchell Street, (G/R), Dundee, DD2 2LL

34

Y D Limited

20 Whitehall Street, (5/2), Dundee, DD1 4AF

35

Y D Limited

13 St Peter Street, (G/2), Dundee, DD1 4JJ

36

Century 21 Homes Limited

57a Perth Road, (3rd Floor), Dundee

37

Flats 4 U Limited

275 Hawkhill, (3/1+Attic), Dundee, DD2 1DN

38

Sagir Ahmed

47 Milnbank Road, (2nd Fl), Dundee, DD1 5PY

39

John Martin Henderson

63 Thorter Row, Dundee

40

Richard Grant

149 Clepington Road, (1/1), Dundee, DD3 7NZ

41

William MacKenzie

3 Forfar Road, Dundee, DD4 7AZ

42

David Kilian Toal

9 Dudhope Gardens Steps, Dundee, DD3 6TX

43

William MacKenzie

1 Forfar Road, Dundee, DD4 7AZ

44

Sandeep and Sanjay Majhu Properties

87 Birkdale Place, Dundee, DD2 3GQ

45

Lee Chadwick

334 Perth Road, Dundee, DD2 1EQ

46

Lee Chadwick

4 Highmill Court, Dundee, DD2 1UN

47

Kenneth Cunningham Rankin

3 Norwood Terrace, Dundee

48

Paul Waldron

31 Reform Street, (1/L), Dundee, DD1 1SG

49

Elaine Whiting Bailey and

Richard Malcolm Bailey

62 Peddie Street, 3/0, Dundee, DD1 5LY

50

Elaine Whiting Bailey and

Richard Malcolm Bailey

11 Morgan Place, (1/1), Dundee, DD4 6NA

51

Gwendoline Michael and

Timothy Michael

7 Garland Place, (G/R), Dundee, DD3 6HE

52

Richard Kiru

52 Rosefield Street, Dundee, DD1 5PS

53

Christopher McCracken

48 Rosefield Street, Dundee, DD1 5PS

54

Richard Philip Hawkins

9 Milnbank Gardens, Dundee, DD1 5PX

 

(i) In the case of Application Nos 1, 10, 12 and 13, the Committee, after having heard the observations of the Housing Officer, the advice of the Clerk and an agent on behalf of the applicants, agreed that the applications be granted.

 

(ii) In the case of Application Nos 2 and 6, the Committee, after having heard the observations of the Housing Officer, the advice of the Clerk and the applicants on their own behalf, agreed that the applications be granted.

(iii) In the case of Application Nos 4 and 5, the Committee, after having heard from a Housing Officer on behalf of the applicants and the advice of the Clerk, agreed that the applications be granted.

 

(iv) In the case of Application No 7, after having heard the observations of the Housing Officer, the advice of the Clerk and an agent on behalf of the applicants, the Convener, seconded by Councillor Wallace, moved that the application be granted.

 

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

 

On a division, there voted for the motion - the Convener, Councillor Shimi, Councillor Dick, Bailie Corrigan, Councillor Barrie, Councillor Wallace and Councillor Webster (7); and for the amendment - the Lord Provost and Bailie Powrie (2) - whereupon the motion was declared carried and the application was granted.

 

(v) In the case of Application No 8, after having heard the observations of the Housing Officer, the advice of the Clerk and an agent on behalf of the applicants, the Convener, seconded by Councillor Shimi, moved that the application be granted.

 

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

 

On a division, there voted for the motion - the Convener, Councillor Shimi, Councillor Dick, Councillor Barrie, Councillor Wallace and Councillor Webster (6); and for the amendment - the Lord Provost, Bailie Corrigan and Bailie Powrie (3) - whereupon the motion was declared carried and the application was granted.

 

(vi) In the case of Application No 9, after having heard the observations of the Housing Officer, the advice of the Clerk and an agent on behalf of the applicants, Bailie Corrigan, seconded by the Lord Provost, moved that the application be refused.

 

As an amendment, the Convener, seconded by Councillor Wallace, moved that the application be granted for a period of four months.

 

On a division, there voted for the motion - the Lord Provost, Councillor Dick, Bailie Corrigan and Bailie Powrie (4); and for the amendment - the Convener, Councillor Shimi, Councillor Barrie, Councillor Wallace and Councillor Webster (5) - whereupon the amendment was declared carried and the application was granted for a period of four months.

 

(vii) In the case of Application No 11, after having heard the observations of the Housing Officer, the advice of the Clerk and the applicant on their own behalf, the Convener, seconded by Councillor Webster, moved that the application be granted.

 

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

 

On a division, there voted for the motion - the Convener, Councillor Shimi, Councillor Dick, Bailie Corrigan, Councillor Barrie, Councillor Wallace and Councillor Webster (7); and for the amendment - the Lord Provost and Bailie Powrie (2) - whereupon the motion was declared carried and the application was granted.

 

(viii) Councillor Webster declared a non-financial interest in the undernoted application by virtue of the applicant being known to him in a personal capacity.

 

In the case of Application No 14, the Committee, after having heard the observations of the Housing Officer, the advice of the Clerk and an agent on behalf of the applicant, agreed that the application be granted.

(ix) In the case of Application No 15, the Committee, after having given consideration to a letter of objection which had been submitted by a member of the public and having heard the objector on their own behalf and consideration of observations by the Housing Officer, the advice of the Clerk and having heard an agent on behalf of the applicant, agreed that the application be refused.

 

(x) In the case of Application Nos 16 and 17, the Committee, after having given consideration to the letters of objection which had been submitted by members of the public, the observations of the Housing Officer, the advice of the Clerk and having heard the applicants on their own behalf, agreed that the applications be refused.

 

(xi) In the case of Application Nos 18 to 54 the Committee agreed that consideration of these applications be deferred to a future meeting.

 

The Lord Provost reported on the increasing number of houses in multiple occupation in the City of Dundee and the Committee agreed that a comparison be drawn with other cities in Scotland.

 

(c) HOUSES IN MULTIPLE OCCUPATION - RENEWALS

 

1

Y D Limited

378 Perth Road

2

Y D Limited

388 Perth Road

3

Zulekha Okhai

291 Hawkhill (Top Floor)

 

In the case of Application Nos 1 and 2, the Committee, after having given consideration to letters of objection which had been submitted by members of the public, the observations of the Housing Officer, the advice of the Clerk and having heard the applicant, on their own behalf, agreed that the applications be granted.

 

In the case of Application No 3, the Committee, having given consideration to a letter of objection which had been submitted by a member of the public, the observations of the Housing Officer, the advice of the Clerk and having heard a representative on behalf of the applicant, agreed that the application be granted.

 

(d) LATE HOURS CATERING LICENCES - NEW APPLICATIONS

 

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

 

No

Name

Address of Premises

Hours of Opening

 

1

Kwong Yum Li

The Pearl Chinese Take Away

258 Clepington Road

From 11pm to 12.30am Sundays to Thursdays and 11pm to 1.30am Fridays and Saturdays

 

(e) SPECIAL EVENT PRIVATE HIRE LICENCES

 

On a reference to Article I(d) of the minute of meeting of 1st June, 2006 wherein the Committee amended the conditions for Special Event Private Hire licences and agreed that the conditions for existing holders be varied. It was reported that the existing holders had been advised of the proposed variation and no objections had been received.

 

The Committee agreed:-

 

(i) to the 3 additional conditions attached as under:-

 

1 Persons under 16 years of age be accompanied by at least one appropriate adult.

2 All passenger seats to be fitted with seat belts conforming to European Standards (including rear and side facing seats).

 

3 All passengers to wear seat belts whilst being conveyed.

 

(ii) that current licence holders have their conditions varied.

 

(f) PRIVATE HIRE LICENCE - NEW APPLICATION

 

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

 

No

Name

 

 

1

Peter Fraser

 

 

(g) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

Hours of Opening

 

1

European Entertainment Corporation

Caird Park

From 8th to 13th August, 2006 1pm to 10pm.

2

Plan-It International Promotions (UK) Ltd

Caird Park

From 7th July, 2006 7.30pm to 9pm and 8th July, 2006 3pm to 4.30pm.

 

In the case of Application No 1, the Committee, after having given consideration to the observations of the Officer from the Environmental Health Department and having heard the applicant on their own behalf, agreed that the application be granted subject to the use of new seating only.

 

In the case of Application No 2, the Committee, after having heard a representative of Tayside Police and the applicant on their own behalf, agreed that the application be granted subject to a minimum of 16 stewards being in service at any one time.

 

(h) REQUEST FOR VARIATION

 

There was submitted a request by Mr John Bissett for variation to the windscreen and window tint requirements of his taxi.

 

Thereafter, having heard a representative on behalf of the applicant and consideration of the content of the letter, Bailie Powrie, seconded by Councillor Wallace, moved that the request be granted.

 

As an amendment, Bailie Corrigan, seconded by the Convener, moved that the request be refused.

 

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

 

(i) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

 

 

1

Cameron Duncan

 

2

Darren Scott

 

 

3

Fiona McIntosh

 

4

Michael Knight

 

5

Paul Gallacher

 

6

Michael Quinn

 

7

John Sheridan

 

8

William Stewart

 

 

In the case of Application Nos 1 to 3, there being no objections, the Committee agreed that the applications be granted.

 

In the case of Application Nos 5, 7 and 8, the Committee noted that these applications had been withdrawn from consideration by the applicants.

 

In the case of Application Nos 4 and 6, the Committee, after noting that the applicants had failed to pass the street test within the prescribed period, agreed that the applications be refused.

 

(j) TAXI LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

 

 

1

James Blady

 

2

Brian Bruce

 

 

In the case of Application No 1, the Committee noted that the applicant had failed to renew his Taxi Licence at 31st May, 2006 and after hearing the applicant on his own behalf, agreed that the application be granted subject to the applicant placing in service a whole volume vehicle and participation in the Taxi Card Scheme.

 

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

 

(k) WINDOW CLEANERS - NEW APPLICATIONS

 

There was submitted the undernoted application:-

 

No

Name

 

 

1

Ross Strachan

 

 

In the case of this application, there being no objections and after hearing the applicant on their own behalf the Committee agreed that the application be granted.

 

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.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) REQUEST FOR VARIATION

 

On a reference to Article I(v)(b) of the Licensing Committee meeting held on 2nd March, 2006 wherein it was agreed that Mr R be granted the variation to his Taxi Licence conditions not to present a vehicle for testing until 31st May, 2006, there was submitted a further letter of request from Mr R seeking a further variation.

 

The Committee agreed that the licence holder be granted a further period of variation of six months.

(b) WINDOW CLEANER'S LICENCE - NEW APPLICATION

 

There was submitted an application by Mr F D for a Window Cleaner's Licence.

 

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application. Part of the representation referred to convictions which were considered spent in terms of the Rehabilitation of Offenders Act.

 

The Committee, after having heard the age and nature of the convictions, agreed that they not be considered.

 

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.

 

 

 

 

BRUCE D MACKIE, Convener.