Licensing Committee - 12/05/2005

At a MEETING of the LICENSING COMMITTEE held at Dundee on 12th May, 2005.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 31st March, 2005 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF THE LICENSING SUB-COMMITTEE OF 31ST MARCH, 2005

The minute of meeting of the Licensing Sub-Committee of 31st March, 2005 was submitted and noted for information and record purposes, a copy of which is attached as Appendix I.

II MINUTE OF MEETING OF THE TAXI LIAISON GROUP OF 22ND MARCH, 2005

The minute of meeting of the Taxi Liaison Group of 22nd March, 2005 was submitted and approved, a copy of which is attached as Appendix II.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION

(i) NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 13, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 14, the Committee noted that there was no-one present on behalf of the objectors, and after hearing the applicant on their own behalf, consideration of the objections which had been submitted and the observations of the Environmental Health Officer, agreed that the application be granted.

In the case of Application No 15, after hearing the objector, the applicant on their own behalf, the observations of the Housing Officer and consideration of the advice of the Legal Officer and the Clerk, the Convener, seconded by Councillor Grant moved that the application be granted subject to conditions.

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

One a division, there voted for the motion the Convener, Councillor Grant, Councillor Barrie and Councillor Wallace (4); and for the amendment Lord Provost Letford, Councillor Dick, Bailie Corrigan and Councillor Webster (4); whereupon there being a parity of votes, the Convener, used his casting vote in favour of the motion that the application be granted.

In the case of Application Nos 16 to 30, the Committee agreed that consideration of these applications be deferred to a future meeting.

(ii) RENEWALS

There were submitted the undernoted applications:-

In the case of Application No 1, the Committee, after noting there was no-one present on behalf of the objector, and after hearing the applicant on their own behalf, the observations of the Housing Officer, and consideration of the advice of the Legal Officer, agreed that the application be granted.

In the case of Application No 2, the Committee, after hearing the objector, an agent on behalf of the applicant and consideration of additional information tabled by the agent for the applicant and after hearing the observations of the Housing Officer and the representative of the Chief Constable, agreed that the application be refused.

In the case of Application No 3, the Committee, after noting that there was no-one present on behalf of the objectors, and after hearing an agent on behalf of the applicant, and consideration of the content of the objections which had been submitted and the observations of the Housing Officer and the advice of the Legal Officer, agreed that the application be granted.

(iii) HOUSES IN MULTIPLE OCCUPATION REQUEST FOR VARIATION

There being no objections, the Committee agreed to the request from Belvoir Lettings for a variation to their existing licence in respect of the premises at 31 Reform Street (Top Right) for a change of day to manager to a Mr Nicholas Horan.

(b) LATE HOURS CATERING LICENCES 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 until the end of October 2005 pending the outcome of the review on late hours catering and the evening economy.

In the case of Application No 6, the Committee, after hearing a representative on behalf of the objectors, an agent on behalf of the applicant and the observations of the representative of the Chief Constable, agreed that the application be granted until the end of October 2005, pending the outcome of the review on late hours catering and the evening economy.

In the case of Application No 7, the Lord Provost, declared a non-financial interest in this item and withdrew from the meeting during its consideration.

In the case of Application No 7, the Committee, after noting that there was no-one present on behalf of the applicant and after hearing the objector, agreed that the application be refused.

(c) PRIVATE HIRE DRIVERS LICENCES NEW APPLICATIONS

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

(d) PRIVATE HIRE LICENCES NEW APPLICATIONS

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

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

(e) SECOND-HAND DEALERS - NEW APPLICATION

There being no objections, the Committee agreed that the undernoted application be granted subject to a satisfactory inspection by the Environmental Health and Trading Standards Department.

(f) TAXI DRIVERS LICENCES NEW APPLICATIONS

Councillor Wallace declared a non-financial interest in Application No 6 by virtue of the applicant being known to him in a personal capacity.

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

(g) TAXI LICENCES NEW APPLICATIONS

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

(h) WINDOW CLEANERS LICENCE NEW APPLICATION

Prior to consideration of the undernoted items, Councillor Webster, reiterated the need for any licensed window cleaner to exhibit clearly identification issued by the City Council at all times during hours of operation for the benefit of their customers.

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

(i) TAXI LICENCE - SUSPENSION HEARING

On a reference to Article I of the minute of meeting of the Licensing Sub-Committee of 31st March, 2005, the Committee noted that the objection which had been submitted by the Plant and Vehicle Officer had been withdrawn from consideration. The Committee agreed that no further action be taken meantime.

The Convener had agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) and in view of the timescales.

(j) TAXI LICENCES - REQUEST FOR VARIATION

There being no objections, the Committee agreed to the request from Mr David Young of the Dundee Taxi Cab Company Limited for a variation to the 28 day period to allow his company to source the supply of vehicles and that the time limit be extended to 30th June 2005.

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 may 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.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Prior to consideration of the undernoted items the Convener, Bailie Mackie vacated the Chair and left the Chamber whereupon the Chair was taken by the Depute Convener, Councillor Charles Webster, Bailie Mackie did not return to the Chamber.

(a) TAXI LICENCE REQUEST FOR VARIATION

The Committee gave consideration to a request from Mr N B for a variation to his Taxi Licence in relation to the 28 day period.

There being no objections, the Committee agreed that the request be approved and that the time limit be extended to 30th June, 2005.

(b) TAXI DRIVER'S LICENCE SUSPENSION HEARINGS

(i) There was submitted a complaint by the Chief Constable in relation to the conduct of Mr J C during the currency of his taxi drivers licence. There was also tabled a letter by the Chief Constable stating that he had withdrawn the request for a hearing and that he reserved the right to raise the matter at a future date.

The Committee noted the position and agreed that no further action be taken meantime.

(ii) There was submitted a complaint by the Chief Constable in relation to the conduct of Mr S McI during the currency of his taxi drivers licence. There was also tabled a letter by the Chief Constable stating that he had withdrawn the request for a hearing and that he reserved the right to raise the matter at a future date.

The Committee noted the position and agreed that no further action be taken meantime.

(c) TAXI LICENCE SUSPENSION HEARINGS

(i) There was submitted a complaint by the Chief Constable in relation to the conduct of Mr J C during the currency of his taxi licence. There was also tabled a letter by the Chief Constable stating that he had withdrawn the request for a hearing and that he reserved the right to raise the matter at a future date.

The Committee noted the position and agreed that no further action be taken meantime.

(ii) There was submitted a complaint by the Chief Constable in relation to the conduct of Mr S McI during the currency of his taxi licence. There was also tabled a letter by the Chief Constable stating that he had withdrawn the request for a hearing and that he reserved the right to raise the matter at a future date.

The Committee noted the position and agreed that no further action be taken meantime.

BRUCE D MACKIE, Convener.