Licensing Committee - 03/02/2005

At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd February, 2005.

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

The minute of meeting of this Committee of 13th January, 2005 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING SUB-COMMITTEE - MINUTE OF MEETING OF 2ND DECEMBER, 2004

The minute of meeting of the Licensing Sub-Committee of 2nd December, 2004 was submitted and approved 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 undernoted applications:-

In the case of application Nos 1-14 there being no objections, the Committee agreed that the applications be granted.

In the case of application No 15, the Committee noted that neither the objector or their representative were present and after hearing a representative on behalf of the applicant and the observations of the Housing Officer agreed that the application be granted.

In the case of application Nos 16-28, the Committee agreed that consideration of these applications be deferred to a future meeting.

(b) PRIVATE HIRE DRIVERS LICENCE - NEW APPLICATIONS

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

(c) PUBLIC ENTERTAINMENT LICENCE

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

(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

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

In the case of application Nos 7-12, the Committee noted that these applications had been withdrawn from consideration by the applicants.

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

(e) TAXI LICENCE - NEW APPLICATIONS

Prior to consideration of the undernoted applications, the Convener made reference to a complaint he had received which alleged that it had been observed that licence holders for accessible vehicles operated as taxis had been refraining from accepting wheelchair passengers at ranks and that should any licence holders be identified that this practice could lead to suspension of their licence. A representative of the Tayside Police reported that this matter would be monitored and a representative of Dundee Taxi Association pledged his support to the comments of the Convener.

There were submitted the undernoted applications:-

In the case of application Nos 1-6, there being no objections, the Committee agreed that the applications be granted subject to the standard conditions.

(f) STREET PARADE AND USE OF CITY SQUARE

It was reported that notification of a street parade and application for use of the City Square on Saturday, 5th March, 2005 had been made by John Ainslie on behalf of the Scottish Coalition for Justice not War.

The Committee noted that the organisation had submitted an amended route and after hearing a representative on behalf of the applicant and the observations of the representative of Tayside Police, agreed that an order be imposed allowing the parade along the amended route and that the parade commence at 11.30 am. The Committee also permitted the use of an area of City Square subject to the organisation removing stalls by 2.00 pm. The Committee also noted that the organisation had withdrawn their application for a public charitable collection.

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) WINDOW CLEANER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr A H 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 spent in terms of the Rehabilitation of Offenders Act and after hearing their age and nature, the Committee agreed that they be considered since justice could not otherwise be done.

Thereafter, having heard the applicant on there own behalf and the comments of the representative of Tayside Police, Bailie Mackie seconded by Councillor Grant moved that the application be granted for a period of one year.

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

On a division, there voted for the motion - Bailie Mackie, Councillor Grant, Councillor Sawers, Councillor A Dawson and Councillor Wallace (5); and for the amendment - the Lord Provost, Bailie Corrigan, Bailie Powrie and Councillor Webster (4), whereupon the motion was declared carried and the application was granted for a period of one year.

(b) TAXI DRIVERS LICENCE - SUSPENSION HEARINGS

Bailie Mackie left the room prior to consideration of the following items, whereupon Councillor Webster took the Chair.

There were submitted letters of information together with enclosures relative to the conduct of Mr J C and Mr S McI during the currency of their Taxi Driver's Licences.

The Committee, after hearing the Clerk, agreed that these matters be deferred to a future meeting for consideration. The Committee also noted that the agent acting for the licence holders' was in agreement with this proposal.

(c) TAXI LICENCE - SUSPENSION HEARINGS

There were submitted letters of information together with enclosures relative to the conduct of Mr J C and Mr S McI during the currency of their Taxi Licences.

The Committee, after hearing the Clerk agreed that these matters be deferred to a future meeting for consideration. The Committee also noted that the agent acting for the licence holders' was in agreement with this proposal.

BRUCE D MACKIE, Convener.