At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd November, 2006.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie Bruce D MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 28th September, 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 28th September, 2006 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PRIVATE HIRE CAR DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 5, there being no objections, the Committee agreed that the applications be granted.

(b) PRIVATE HIRE LICENCE - 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.

Councillor Webster declared a non-financial interest in Application No 7 by virtue of the applicant being known to him in a personal capacity and withdrew from the meeting for the duration of its consideration.

In the case of Application No 7, the Committee after having heard an agent on behalf of the applicant and the observations of the representative of Tayside Police, agreed that the application be granted and that the request for variation to the windscreen and window tint requirements be granted.

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

(c) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 5, there being no objections, the Committee agreed that the applications be granted.

The Lord Provost declared a non-financial interest in Application No 6 by virtue of the Lord Provost's Charity Fund being a recipient of funds resulting from this application and withdrew from the meeting for the duration of its consideration.

In the case of Application No 6, the Committee noted that the objector to this application was not present. Thereafter, having given consideration to the content of the objection which had been submitted and having heard the applicant on their own behalf and having heard a representative of the Economic Development Department, the Committee agreed that the application be granted.

The Lord Provost re-entered the Chamber prior to consideration of the undernoted item of business.

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

There were submitted the undernoted applications:-

In the case of Application Nos 1 and 2 there being no objections, the Committee agreed that the applications be granted.

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

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

In the case of Application No 13, the Committee after noting that the applicant had failed to pass the street test within the prescribed period, agreed that the application be refused.

In the case of Application No 14, the Committee noted that this application had been withdrawn from consideration by the applicant.

(f) TAXI LICENCE - NEW APPLICATIONS

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

(g) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

Councillor Julia Sturrock declared a non-financial interest in application No 2 by virtue of the applicant being known to her in a personal capacity and withdrew from the meeting for the duration of its consideration.

Councillor Sturrock re-entered the Chamber prior to consideration of Application No 3.

(i) In the case of Application Nos 1, 3, 4 and 5, the Committee after hearing an agent on behalf of the applicants and consideration of the advice of the Clerk, agreed that the applications be granted.

(ii) In the case of Application No 2, the Committee after hearing the applicant on their own behalf and the advice of the Clerk, agreed that the application be granted.

(iii) In the case of Application Nos 6, 7, 8, and 9, the Committee after hearing an agent on behalf of the applicant and consideration of the advice of the Clerk and the Legal Officer and the observations of the Housing Officer, agreed that the applications be granted.

(iv) In the case of Application No 10, the Committee after having heard a representative on behalf of the applicant, and consideration of the advice of the Clerk and the Legal Officer and the observations of the Housing Officer, agreed that the application be granted subject to the production of appropriate certification to the satisfaction of the Housing Department.

(v) In the case of Application No 11, the Committee after hearing an agent on behalf of the applicant, consideration of the advice of the Clerk and the Legal Officer and the observations of the Housing Officer, agreed that the application be granted.

(vi) In the case of Application No 12, the Committee after having heard a representative on behalf of the applicant, and receiving confirmation from the representative that clarification on ownership of garden ground had been established, agreed that the application be granted.

(vii) In the case of Application No 13, the Committee noted that objectors to this application were not present. Thereafter, having given consideration to the letters of objection which had been submitted by members of the public and the Private Sector Services Manager, and a letter of support which had been submitted on behalf of the applicant, and having heard a representative of the Housing Department and a representative on behalf of the applicant, the Committee agreed that the application be refused.

(viii) In the case of Application No 14, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. The Committee also noted that an objection which had been received from the Private Sector Services Manager had now been withdrawn and after having heard a representative on behalf of the Housing Department and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(ix) In the case of Application No 15, the Committee noted that the letter of objection which had been submitted by the Housing Department had been withdrawn. Thereafter having heard an agent on behalf of the applicant and observations of the representative of the Housing Department Bailie Mackie, seconded by Lord Provost, moved that the application be granted.

As an amendment Councillor Sawers, seconded by Bailie Powrie, moved that the application be refused.

On a division there voted for the motion Bailie Mackie, Lord Provost Letford, Councillors Shimi, Sturrock, Morrow, Dick, Barrie, Wallace and Webster (9); and for the amendment - Councillor Sawers and Bailie Powrie (2); whereupon the motion was declared carried and the application was granted.

(x) In the case of Application Nos 16 to 48, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(h) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation:-

1 Request for Variation for 43 Wilkie's Lane, Change of Day to Day Manager to Malcolm Veal;

2 Request for Variation for 44 Thomson Street, Change of Day to Day Manager to Jack Reavley.

In the case of these requests there being no objections, the Committee agreed that the requests 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 they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING LICENCE - RENEWAL

There was submitted an application by Mr N Z for renewal of his Late Hours Catering Licence.

The Committee gave consideration to a letter of objection which was submitted by Tayside Police in this respect. Thereafter, having heard an agent on behalf of the applicant and the observations of the representative of the Chief Constable and having received assurances from the agent that the hours of application were from 11pm to 2.30am Mondays to Sundays. The Committee agreed that the application be granted.

(b) PRIVATE HIRE CAR LICENCE - NEW APPLICATIONS

(i) There was submitted two applications by Company B for Private Hire Car Licences.

The Committee noted that the applicants were not present and agreed that the applications be considered in their absence. Thereafter, having given consideration to the content of the letter of objection which had been submitted by the Chief Constable relevant to these applications and consideration of the advice of the legal Officer the Committee agreed that the application be refused.

(ii) There was submitted an application by Mr E H for a Private Hire Car Licence.

The Committee gave consideration to a letter of objection which had been submitted by the Planning and Transportation Department relevant to this application. Thereafter, having heard a representative of the Planning and Transportation Department, a representative of the company referred to in the letter of objection and the application on their own behalf, the Committee agreed that the application be refused.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr J McC for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable and the applicant on their own behalf, Bailie Mackie seconded by Councillor Barrie, moved that the application be granted for a period of one year.

As an amendment, Councillor Morrow seconded by Councillor Webster, moved that the application be refused.

On a division there voted for the motion Bailie Mackie, Councillor Sturrock and Councillor Barrie (3); and for the amendment Lord Provost Letford, Councillor Morrow, Councillor Dick, Councillor Sawers, Bailie Powrie, Councillor Wallace and Councillor Webster (7); whereupon the amendment was declared carried and the application was refused. Councillor Shimi and Councillor Sturrock being absent when the vote was taken.

(d) TAXI DRIVER'S LICENCE - RENEWAL

There was submitted an application by Mr A W for renewal of his Taxi Driver's Licence.

The Committee gave consideration to a letter of observation which had been submitted by the Chief Constable in this regard. Thereafter, having heard the representative of the Chief Constable and a representative on behalf of the licence holder the Committee agreed that the application be granted for one year.

(e) TAXI LICENCE - RENEWAL

There was submitted an application by Mr J J for renewal of his Taxi Licence.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable in this regard. Thereafter, having heard the representative of the Chief Constable and a representative on behalf of the applicant the Committee agreed that the application be granted.

(f) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

Bailie Mackie declared a non-financial interest in the undernoted application by virtue of the licence holder being known to him in a personal capacity and withdrew from the meeting during the consideration whereupon the Chair was taken by Councillor Webster.

(i) There was submitted a letter of complaint by the Chief Constable relative to the conduct of Ms T C during the currency of her Taxi Driver's Licence.

The Committee gave consideration to the letter of complaint which had been submitted by the Head of Transportation and after hearing the licence holder on their own behalf and consideration of the advice of the Legal Officer agreed that consideration of the matter be deferred to a future meeting.

Bailie Mackie re-entered the chamber prior to consideration of the undernoted item of business whereupon he resumed the position of Chair.

(ii) There was submitted a letter of information by the Chief Constable relevant to the conduct of Mr P K during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the letter of information which had been submitted by the Chief Constable. Thereafter, having heard the representative of the Chief Constable and after hearing the licence holder on their own behalf the Committee agreed that the Taxi Driver's Licence held by Mr P K be suspended for a period of three months.

(iii) There was submitted a letter of information by the Chief Constable relevant to the conduct of Mr D M during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having given consideration to the content of the letter which had been submitted by the Chief Constable, the Committee agreed that the licence be suspended for the unexpired portion of the licence.

(iv) There was submitted a letter of information by the Chief Constable relevant to the conduct of Mr H W during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter which was submitted. Thereafter, having heard a representative of the Chief Constable and the licence holder on their own behalf, the Committee agreed that the licence be suspended for a period of six months.

(v) There was submitted a letter of information by the Chief Constable relevant to the conduct of Mr B R during the currency of his Taxi Driver's Licence.

The Committee noted the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having given consideration to the content of the letter, the Committee agreed that the licence be suspended for the unexpired portion of the licence.

(vi) There was submitted a letter of information by the Planning and Transportation Department relevant to the conduct of Mr E H during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Planning and Transportation Department and a representative of the company referred to in the objection and the licence holder on their own behalf, the Committee agreed that the licence be suspended for the unexpired portion of the licence.

Bailie Mackie declared a non-financial interest in the undernoted item of business by virtue of the licence holder being known to him in a personal capacity and withdrew from the meeting during its consideration, whereupon the Chair was taken by Councillor Webster.

(vii) There was submitted a letter of information by the Planning and Transportation Department relevant to the conduct of Mr S McI during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter which had been submitted by the Planning and Transportation Department. Thereafter, having heard a representative of the Planning and Transportation Department and a representative of the company referred to in the objection and the licence holder on their own behalf, the Committee agreed that the licence be suspended for the unexpired portion of the licence.

Bailie Mackie re-entered to Chamber prior to consideration of the undernoted item of business whereupon he resumed the position of Chair.

(viii) There was submitted a letter of information by the Planning and Transportation Department relevant to the conduct of Mr I S during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter which had been submitted. Thereafter, having heard a representative from the Planning and Transportation Department, a representative of the company referred to in the objection and the licence holder on their own behalf, the Committee agreed that the licence be suspended for the unexpired portion.

(g) TAXI DRIVER/TAXI LICENCE - SUSPENSION HEARINGS

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

The Committee gave consideration to the content of the letters which had been submitted relevant to both licences. Thereafter, having heard the representative of the Chief Constable and a representative on behalf of the licence holder, the Committee agreed that no further action be taken.

Bruce D MACKIE, Convener.