Licensing Committee - 13/01/2005

At a MEETING of the LICENSING COMMITTEE held at Dundee on 13th January 2005.

Present:-

BAILIES

COUNCILLORS

The minute of meeting of this Committee of 2nd December 2004 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING SUB-COMMITTEE - MINUTE OF MEETING OF 4TH NOVEMBER 2004

The minute of meeting of the Licensing Sub-Committee of 4th November 2004 was submitted and noted for information and record purposes, a copy of which is attached as appendix I.

II CIVIC GOVERNMENT (SCOTLAND) ACT, 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application numbers 1-8, there being no objections, the Committee agreed that the applications be granted.

In the case of application number 9, after having heard the observations of the representative of the Chief Constable, a representative on behalf of the objectors, the applicant on their own behalf and the observations of the housing officer, Bailie Mackie seconded by Councillor Grant moved that the application be granted for a period of six months subject to the condition that the tenants not be given car parking rights.

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

On a division there voted for the motion Bailie Mackie and Councillor Grant (2); and for the amendment the Lord Provost, Councillor Dick, Councillor Sawers, Bailie Corrigan, Councillor Fordyce, Bailie Powrie, Councillor Wallace and Councillor Webster (8), whereupon the amendment was declared carried and the application was refused.

In the case of application number 10, the Committee after consideration of the objection which had been submitted by a member of the public and having heard an agent on behalf of the applicant, agreed that the application be granted.

In the case of application numbers 11-29, the Committee agreed that consideration of these applications be deferred to a future meeting.

(b) HOUSES IN MULTIPLE OCCUPATION RENEWALS

There were submitted the undernoted applications:-

Councillor Webster declared a non-financial interest in application number 1 by virtue of the fact that some of the objectors were known to him in a personal capacity and left the Chamber during consideration of this application.

In the case of application number 1, the Committee after having heard representatives on behalf of the objectors, the observations of the representative of Tayside Police an agent on behalf of the applicant and the applicant on their own behalf and following consideration of additional information submitted by the agent on behalf of the applicant, agreed that the application be granted.

Councillor Webster returned to the Chamber prior to consideration of application number 2.

In the case of application number 2, the Committee after having heard the objector, the applicant on their own behalf and the advice of the legal officer, agreed that the application be granted.

(c) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application number 1, the Committee, after noting there was no one present on behalf of the applicant agreed that the application be considered in their absence and after consideration of the observations of the Environmental Health Officer and the advice of the Legal Officer, agreed that the application be refused.

In the case of application number 2, the Committee agreed that the application be granted until the end of May 2005, subject to appropriate registration certification being submitted to the Environmental Health Department.

In the case of application number 3, the Committee agreed that the application be granted until the end of May 2005, subject to a satisfactory inspection by the Environmental Health Department.

(d) TAXIS/PRIVATE HIRE VEHICLES VARIATION OF CONDITIONS

Reference was made to Article II(j) of the minute of meeting of the Licensing Committee of 4th November, 2004 wherein it was agreed that new conditions be attached to Taxi Licences, Private Hire Car Licences, Taxi Drivers and Private Hire Car Licences as undernoted: -

(i) Taxi Licences (including Accessible Vehicles)

The following shall be added to the end of Condition 14, namely,

"Notwithstanding the provisions of this condition, the holder of the licence shall display "no smoking" signs inside the vehicle in the form and position approved by the Council as licensing authority."

(ii) Private Hire Car Licences

The same amendment as at (i) above shall be added to the end of Condition 26.

(iii) Taxi and Private Hire Car Drivers Licences

A full stop shall be inserted after the word "manner" in Condition 14. (taxi) and 12. (private hire) and the remainder of these conditions shall be replaced by the following namely,

"The driver shall not smoke in the vehicle whilst it is being operated as a taxi. This applies whether or not passengers are in the vehicle at the material time."

The Committee, after having heard the advice of the legal officer and the Clerk and having heard a representative of the Dundee Taxi Association, a representative on behalf of 203020 Taxi Leasing Company, a representative on behalf of Transport and General Workers Union, and other representatives of the taxi trade who wished to be heard and were in attendance, agreed that the terms of existing licences be varied to include the above conditions.

Councillor Grant abstained from taking part in the decision in this item of business.

(e) REQUEST FOR VARIATION - TAXI LICENCE CONDITIONS

A letter dated 20th December 2004 was submitted from J Harris, Operator 1051 requesting a variation to Taxi Conditions to allow him to install a hand held pin and chip card for Visa and Switch cards in his taxi.

The Committee agreed that consideration of this matter be deferred to the next meeting of the Taxi Liaison Group.

(f) PRIVATE HIRE LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In case of application numbers 1-5, there being no objection, the Committee agreed that the applications be granted.

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

There were submitted the undernoted applications:-

In the case of application numbers 1-6, there being no objections, the Committee agreed that the applications be granted.

(l) SECOND-HAND DEALER/METAL DEALER - RENEWALS

There was submitted the undernoted application:-

The Committee, after having heard the objector on their own behalf, the observations of the representatives of the Environmental Health Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the application be granted.

(i) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

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

In the case of application number 21, the Committee after noting that the applicant had failed to pass the street test within the six month period, agreed that the application be refused.

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

(i) TAXI LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application numbers 1-8, there being no objections, the Committee agreed that the applications be granted, subject to the usual conditions.

(j) WINDOW CLEANER'S LICENCE - NEW APPLICATION

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

(l) USE OF MURRAYGATE

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

There being no objections, the Committee agreed that the application be granted for a six month period and that it be subject to renewal after that period of time.

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.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

With reference to Article II(a) of minute of meeting of the Licensing Committee of 2nd December 2004, wherein consideration of the application submitted by Mr S A for a taxi driver's licence, was deferred to allow for further investigation. There was submitted an application by Mr S A for a taxi driver's licence.

The Committee, after noting that Tayside Police had withdrawn their objection to this application, agreed that the application be granted.

(ii) There was submitted an application by Mr R C for a taxi driver's licence.

The Committee after consideration of a letter of representation submitted by the Chief Constable and having heard a representative of Tayside Police and a representative on behalf of the applicant, agreed that the application be granted until January 2006.

The Lord Provost left the Chamber prior to consideration of the undernoted item.

(ii) There was submitted an application by Mr W C for a taxi driver's licence.

The Committee gave consideration to a letter of representation submitted by the Chief Constable and after having heard a representative on behalf of the applicant and the applicant on their own behalf, agreed that the application be granted for a period of one year.

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

(iii) There was submitted an application by Mr J McG for a taxi driver's licence.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable, and after having heard a representative of Tayside Police and the applicant on their own behalf, Councillor Grant seconded by Bailie Corrigan, moved that the application be refused.

As an amendment, Councillor Sawers seconded by Bailie Mackie, moved that the application be granted for a period of one year.

On a division, there voted for the motion, Councillor Grant, Bailie Corrigan and Councillor Webster (3) and for amendment, Bailie Mackie, Councillor Dick, Councillor Sawers, Councillor Fordyce, Bailie Powrie, and Councillor Wallace (6), whereupon the amendment was declared carried and the application was granted for a period of one year.

(b) WINDOW CLEANER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr B P for a window cleaner's licence.

The Committee noted that the Chief Constable had withdrawn his objection to this application and, after having heard the advice of the Clerk, agreed that the application be granted.

(c) WINDOW CLEANER'S LICENCE - SUSPENSION HEARING

The Committee gave consideration to a letter of information which had been submitted by the Chief Constable relative to the conduct of Mr G M during the currency of his window cleaner's licence.

The Committee, after having heard a representative of Tayside Police and an agent on behalf of the applicant, agreed that no further action be taken.

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

There was submitted an application by Mr J G for a private hire car driver's licence and a private hire car licence.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable and after having heard a representative of Tayside Police and the applicant on their own behalf agreed that the applications be granted.

BRUCE D MACKIE, Convener.