Licensing Committee - 30/06/2005

At a MEETING of the LICENSING COMMITTEE held at Dundee on 30th June, 2005.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 2nd June, 2005 was held as read.

Unless marked thus * all items stand delegated.

I LOTTERIES AND AMUSEMENTS ACT, 1976

(a) APPLICATIONS FOR PERMITS FOR AMUSEMENTS WITH PRIZES - NEW APPLICATION

There being objections, the Committee agreed that the undernoted application be granted:-

2 CIVIC GOVERNMENT (SCOTLAND) ACT, 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application Nos 1 to 10, there being no objections, the Committee agreed that the applications be granted.

In the case of application No 11, Councillors Sturrock and Webster declared a non-financial interest in this item by virtue of the objector being known to them in a personal capacity and after hearing the objector on their own behalf, the applicant and the observations of the Housing Officer, Bailie Mackie, seconded by Councillor Grant, 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 - Bailie Mackie, Councillors Grant, Sawers, Barrie and Fordyce (5); and for the amendment - Lord Provost Letford, Councillor Dick, Bailie Powrie and Councillor Wallace (4); Councillors Sturrock and Webster declining to vote; whereupon the motion was declared carried and the application was granted.

Bailie Mackie declared a non-financial interest in the following item by virtue of the applicant being known to him in a personal capacity and left the Chair and vacated the Chamber for the duration of its consideration, whereupon the Chair was taken by the Depute Convener, Councillor Webster.

In the case of application No 12, the Committee were advised by the Legal Officer that the objections submitted by Mrs Kettles and Mrs Hampton were incompetent and as Mrs Kettles, the only objector who was present could not confirm that she spoke with the consent of those other objectors, she could not be heard.

Thereafter, the Committee gave consideration to the remaining objections, whereupon Councillor Webster, seconded by Councillor Grant, moved that the application be granted.

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

On a division, there voted for the motion - Councillors Webster and Grant (2); and for the amendment - Lord Provost Letford, Councillors Sturrock, Dick, Sawers, Barrie, Fordyce, Bailie Powrie and Councillor Wallace (8); Bailie Mackie being absent when the vote was taken; whereupon the amendment was declared carried and the application was refused.

In the case of applications Nos 13 to 23, the Committee agreed that consideration of these applications be deferred to a future meeting.

(b) LATE HOURS CATERING LICENCE - NEW APPLICATION

There being no objections, the Committee agreed that the undernoted application be granted until October 2005:-

(c) PRIVATE HIRE DRIVERS LICENCE - NEW APPLICATIONS

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

(d) PRIVATE HIRE LICENCE - NEW APPLICATION

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

(e) PUBLIC ENTERTAINMENT LICENCE

There was submitted the undernoted application:-

In the case of this application, the Committee, after hearing the applicant on their own behalf and the observations of the Environmental Health Officer, agreed that the application be granted subject to a risk assessment being submitted to the approval of the Environmental Health Department.

(f) STREET TRADER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 1, after hearing the applicant on their own behalf and consideration of the advice of the Legal Officer, Councillor Sturrock, seconded by Councillor Fordyce moved that the application not be deferred.

As an amendment, Councillor Grant, seconded by Councillor Wallace moved that the application be deferred.

On a division there voted for the motion Councillor Sturrock, Councillor Dick, Councillor Sawers, Councillor Fordyce and Bailie Powrie (5); and for the amendment, Bailie Mackie, Lord Provost Letford, Councillor Grant, Councillor Barrie, Councillor Webster (6), whereupon the amendment was declared carried and the application was deferred to a future meeting of the Committee for consideration.

In the case of application No 2, there being no objections, the Committee agreed that the application be granted.

(g) 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.

In the case of application No 3, the Convener had agreed that this application also be considered as a matter of urgency in terms of Standing Order No 17(b) and in view of the timescales.

Thereafter, there being no objections, the Committee agreed that the application be granted.

(h) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application Nos 1 to 18, there being no objections, the Committee agreed that the applications be granted.

In the case of application No 19, the Committee noted that the applicant was not present and after being advised that the applicant had failed to pass a street test within the prescribed period, agreed that the application be refused.

In the case of application No 20, the Committee noted that this application had been withdrawn from consideration by the applicant.

(i) TAXI LICENCE - NEW APPLICATION

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

(j) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

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

(k) DUNDEE WHEELCHAIR TAXI ASSOCIATION REPRESENTATION ON TAXI LIAISON GROUP

It was reported that a request had been received from the Dundee Wheelchair Taxi Association to be represented on the Taxi Liaison Group.

The Committee agreed that the Dundee Wheelchair Taxi Association be allocated two places on the Taxi Liaison Group.

(l) TAXI LICENCES - REQUEST FOR VARIATION

On a reference to Article IV(a) of the minute of meeting of the Licensing Committee of 12th May, 2005, wherein it was agreed to extend the twenty eight day period to place a vehicle back on service until 30th June, 2005, it was reported that a request for a further extension had been received from Mr Brown.

The Committee agreed that the request be approved and that the time limit be extended to 10th August, 2005.

(m) PRIVATE HIRE OPERATOR - REQUEST FOR VARIATION

A request had been received from Mr A Wales seeking a variation to the windscreen and window tint requirements of his vehicle.

The Committee, after hearing the observations of the representative of the Chief Constable and the applicant on their own behalf, agreed that the request be granted.

(n) TAXI LICENCE - REQUEST FOR VARIATION - DUNDEE TAXI CAB COMPANY

On a reference to Article III (j) wherein it was agreed to extend the period for putting vehicles on service until 30th June 2005. It was reported that a further extension had been received from the Dundee Taxi Cab Company. The Committee, after hearing a representative on behalf of the applicant, agreed that a further extension be granted until 15th August 2005.

(o) VARIATION OF TAXI LICENCES - CONDITIONS OF LICENCE

It was reported that a request had been received from the Dundee Taxi Cab Company Limited for a variation of the 71 Taxi Licences granted following their successful appeal against the Committee's decision in September 2002 to refuse their applications. Following the Court of Session's decision earlier this year which confirmed the Sheriff's decision in May 2003 that the licences should be granted, the Council issued the 71 licences. These applications were for saloon cars and the Sheriff's decision pre-dated the adoption of the Committee's policy that all new licences should be for accessible vehicles. Accordingly, the licences required to be issued for saloon cars since this was the policy in force when the Sheriff granted the applications.

However, the Council's standard conditions for saloon cars contained the following condition:-

"31. Where a licence is held in the name of a Company or business name, the person responsible for the day to day management shall be specified on the licence. The person so nominated on the licence shall be treated as the holder of the licence and shall be personally responsible for the compliance and observation of the conditions of the licence attached to the licence subject to amendment from time to time as Dundee City Council see fit. In the event that the person so nominated on the licence held in the name of the company or non-natural person ceases to be responsible for the day to day management, a licence shall cease to have effect and shall be treated as revoked as at the date the nominated holder ceases to be responsible for the management of the day to day running of the business."

This condition was inserted into Taxi Licences in the late 1980's on the advice of Counsel to prevent someone effectively buying in to an existing licence as a "manager" and thereby circumventing the waiting list for applications which was then in force. The Committee's current policy discontinued the waiting list and it is no longer in operation.

When the Dundee Taxi Cab Co. Ltd. applied for the 71 licences in September 2002, the named individual with day to day responsibility was Mr L Duncan. In the intervening period prior to the issue of the licences, he has since left the company and been replaced by Mr William Rattray. They have applied for the licences to be varied to reflect this change in manager, but Condition 31 would be a barrier to this. However, since this was not the type of situation the condition was designed to address and, in any event, the waiting list was no longer operated, it was recommended that the variation be granted and also that Condition 31 be deleted from these licences.

There were, in addition, a further 4 licences where saloon cars were held in corporate names with this condition attached to their licences. In the interests of consistency, it was recommended that Condition 31 be deleted from their licences also. The licence-holders were:-

(1) Robert & Alistair McIntosh, 13 Longhaugh Terrace, Dundee.

(2) McDermotts Taxis, 31 Roslin Gardens, Dundee.

(3) Peter & James Mackie, 16 William Street, Tayport.

(4) Dundee & General Taxis, 2 Strathmartine Road, Dundee.

The Committee agreed the recommendations outlined in the note.

(p) TAXI FARES

There was submitted Report No 425-2005 by the Director of Planning and Transportation to review taxi fares following a request from the Dundee Taxi Association and Taxi Trade representatives.

The Committee heard representatives from the Dundee Taxi Trade, including the Dundee Taxi Association.

Thereafter, there being no objections the Committee agreed:-

(i) that the following fare revisions be adopted;

1(a) for a distance not exceeding 800 yards an initial charge of 2.20,

1(b) for each additional 320 yards or part thereof, 20p,

4 for each hire commencing between 10 pm and 6 am on Fridays to Sundays, a charge of 1.00,

all other charges to remain the same;

(ii) that the fare revisions be advertised in accordance with procedure and should there be no objections that the Clerk be delegated to implement the fare revisions; and

(iii) that charges in relation to waiting time, xmas/new year surcharge and clock calendar meters be considered at the next meeting of the Taxi Liaison Group.

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 1 of Schedule 7A to the above Act.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATION

There was submitted an application by JKD Limited for a public entertainment licence.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application and after hearing a representative of the Chief Constable and a representative on behalf of the applicant, the Committee agreed that the application be granted.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr BC for a taxi driver's licence.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.

Thereafter, having heard a representative of the Chief Constable, the applicant on their on behalf and an agent on behalf of the applicant, the Committee agreed that the application be refused.

(ii) There was submitted an application by Mr DT for a taxi drivers licence.

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application and after hearing a representative of the Chief Constable, an agent on behalf of the appliant and the applicant on their own behalf, Baillie Mackie, seconded by the Lord Provost moved that the application be granted for a period of six months.

As an amendment Councillor Sawers seconded by Councillor Fordyce moved that the application be refused.

On a division there voted for the motion - Bailie Mackie and Lord Provost Letford (2); and for the amendment - Councillor Sturrock, Councillor Dick, Councillor Sawers, Councillor Barrie, Councillor Fordyce, Bailie Powrie, Councillor Wallace and Councillor Webster (8); Councillor Grant being absent when the vote was taken; whereupon the amendment was declared carried and the application was refused.

(c) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr D B 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 representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that the application be granted for a period of one year.

(ii) There was submitted an application by Mr R F 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 a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed that consideration of the application be deferred to a future meeting of the Committee and that the applicant be referred to the Council's General Practitioner for a medical examination to be undertaken.

BRUCE D MACKIE, Convener.