Licensing Committee - 01/09/2005

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st September, 2005.

 

Present:-

 

BAILIES

 

John CORRIGAN

Bruce D MACKIE

Neil I C POWRIE

 

COUNCILLORS

 

Julia M STURROCK

Jim BARRIE

Elizabeth F FORDYCE

Helen DICK

 

Charles A WEBSTER

 

Bailie MACKIE, Convener, in the Chair.

 

The minute of meeting of this Committee of 30th June, 2005 was held as read.

 

Unless marked thus * all items stand delegated.

 

I LICENSING OF TAXI AND PRIVATE HIRE CAR BOOKING OFFICES

 

There was submitted Report No 483-2005 by the Depute Chief Executive (Support Services) advising of the Scottish Executives proposals for the introduction of regulations to give priority to local authorities to license taxi and private hire car booking offices and to obtain the Committees instructions when replying to the consultation paper containing these proposals.

 

The Committee agreed:-

 

(i) to note the proposals for the licensing of taxi and private hire car booking offices contained in the Scottish Executives Consultation Paper; and

 

(ii) to remit to the Depute Chief Executive (Support Services) to reply to the consultation paper on behalf of the Council in the terms suggested in paragraph 6.3 of the report.

 

II STREET TRADING IN THE CITY CENTRE

 

There was submitted Report No 530-2005 by the Depute Chief Executive (Support Services) to review the position regarding the Committees policy on street trading in the central area.

 

The Committee agreed that street trading, with the exception of street photographers, face painters, caricaturists and balloon sellers, continued to be excluded from the city centre.

 

III TAXI FARES

 

On a reference to Article II(p) of minute of meeting of the Licensing Committee of 30th June, 2005 regarding taxi fares it was reported that the proposed fares were advertised and objections had been received.

 

The Committee, after hearing an objector on their own behalf, and the objections of representatives of the DTA and the TGWU, and after noting that there was no one present on behalf of the Wheelchair Taxi Association, and having given consideration to the comments in favour of the revised taxi fares from representatives of 203020 Taxi Cab Company and 505050 Taxis and the advice of the legal officer, agreed that the matter be referred to the next meeting of the Taxi Liaison Group.

 

IV TAXI LICENCE - REQUEST FOR VARIATION

 

It was reported that a request for variation of a taxi licence had been submitted by Mr W Dryden.

 

The Committee, after being advised that the applicant was not present, agreed that consideration of the matter be deferred to the next meeting of the Committee to allow the applicant to attend.

V TAXI LICENCE - REQUEST FOR VARIATION - DUNDEE TAXI CAB COMPANY

 

On a reference to Article II(n) of minute of meeting of the Licensing Committee of 30th June, 2004, wherein it was agreed to extend the period for putting vehicles on service until 15th August, 2005, it was reported that a letter had been submitted requesting a further extension to this period.

 

The Committee, after hearing the applicant on their own behalf, agreed that the period of time be extended until 3rd November, 2005.

 

VI LOTTERIES AND AMUSEMENTS ACT 1976

 

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

 

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

 

No

Name

Address of Premises

No of Machines

 

1

Henry Horne

22-26 Seagate

80

2

Henry Horne

60-62 Nethergate

45

 

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address

 

 

 

1

Hussein Investments

87 King Street, (2/2)

2

Zulekha Okhia

India Buildings, 4 Victoria Road, (Flat 5)

3

Zulekha Okhia

India Buildings, 4 Victoria Road, (Flat 4)

4

Hussein Investments

87 King Street, (2/1)

5

Razco Limited

9 Commercial Street, (T/1)

6

Alister Dickinson

7 Larch Street

7

P Severn

7 Blackness Avenue, (2/1)

8

Nick Fleming

17D City Road

9

Tayside Property Management

40 Perth Road, (3rd Floor)

10

Razco Ltd

9 Commercial Street, (T/2)

11

GDAS Contracts Ltd

12A Taylors Lane

12

Angela Rosemarie Stewart

304 Perth Road, (Flat A)

13

Carole Anne Buchanan

4A Shaftesbury Road

14

Michael Devlin

1 Rustic Place, (2nd Floor)

15

Iqubal Jamal

33F Commercial Street

16

Georgia Bedding

3 Cleghorn Street

17

Zulekha Okhia

Victoria Chambers, 10 Victoria Road

18

Barclay Smart

202 Perth Road, (1st Floor)

19

Drummond Advertising

23 Bank Street, (1/2)

20

Richard Michael Sharpe

29 Callender Gardens

21

Pygmalion Properties

26 Union Street, (3rd Floor)

22

Mike Perring and Cleodie Gladstone

265 Blackness Road, (G/R)

23

Natalie Anne Durk

82 Seafield Road

24

Andrew A T Taggert

6 Urquhart Street

25

Graham C Neish

1 Baxter Park Terrace

 

In the case of Applications Nos 1 - 9, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 10, the Committee noted that the objection which had been submitted by the Director of Housing had been withdrawn and there being no further objections, the Committee agreed that the application be granted.

 

In the case of Applications Nos 11 - 25, the Committee agreed that consideration of these applications be deferred to a future meeting.

 

(b) REQUEST FOR VARIATION

 

It was reported that Gowrie Housing had requested a variation to their existing licence in respect of the premises at 6 Rankine Street for a change of occupancy from three persons to four persons.

 

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

 

(c) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

Hours of Opening

 

1

Mohammed Hussain

228 Hilltown/Chachies

From 11pm to 1am

Thursday to Sunday

and 11pm to 2am

Friday and Saturday

 

2

Doug Geng

24 Albert Street

From 11pm to 12am

Monday to Thursday

and 11pm to 2am

Friday and Saturday

 

In the case of Application No 1, there being no objections, the Committee agreed that the application be granted until the end of October 2005.

 

In the case of Application No 2, the Committee agreed that the application be granted subject to a satisfactory inspection by the Environmental Health Department.

 

(d) PRIVATE HIRE LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

1

Doreen Hunter

2

David Kerr

3

Derek Mitchell

 

(e) PUBLIC ENTERTAINMENT LICENCE

 

There was submitted the undernoted application:-

 

No

Name

Address of Premises

Hours of Opening

 

1

Runarounds Ltd/

Kenneth A Smith

Megabowl

Stack Leisure Park

Children's Play Centre

 

In the case of this application, the Committee gave consideration to comments which had been submitted by the Environmental Health and Trading Standards Department and after hearing a representative of the Environmental Health and the applicant own their on behalf agreed that the application be granted subject to a satisfactory inspection by the Environmental Health Department.

(f) SECOND-HAND DEALERS LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address

Type of Goods

 

1

Blockbusters

233 Albert Street

DVDs, VHS, Computer Games, Consoles

 

2

Blockbusters

34 Claypotts Road

DVDs, VHS, Computer Games, Consoles

 

3

Blockbusters

302 Perth Road

DVDs, VHS, Computer Games, Consoles

 

4

Dixon J Gilchrist

3 Fairmuir Street

Used Car Sales

 

5

Andrew S Hart

23/25 Milnbank

Used Scooters and Motor Cycles

 

6

Duncan Hill

9-11 Albert Street

Furniture, Electrics, Bric-a-Brac

 

7

David McKenzie

14A Milton Street

Cars, Vans, Scrap metal and associated goods

 

8

Helen Mackenzie

6 St Andrews Street/

Diamond Deals

TVs, Hi Fis, Musical Equipment and instruments, jewellery, Bric-a-Brac, Mobile phones, White goods, Game Consoles

 

9

Blodwen Simpson

Dens Road Market

Furniture, Household Goods, DVDs, Tapes, Electric Goods

 

10

Gordon Sinclair

Clepington Road/

Cowgate Motor

 

Motor vehicles

11

John R Weir Ltd

Kings Cross Road

Cars and Light Commercial Vehicles

 

In the case of Applications Nos 1 - 5, and 7 - 11, there being no objections, the Committee agreed that the applications be granted.

 

In the case of Application No 6, the Committee agreed that the application be granted subject to the satisfactory inspection by the Environmental Health and Trading Standards Department.

 

(g) STREET TRADER'S LICENCE - NEW APPLICATION

 

There were submitted the undernoted applications:-

 

No

Name

Address

Type of Goods

 

1

Catherine Anderson

34 Aberuthven Drive

Glasgow

Seasonal Childrens Toys

 

 

No

Name

Address

Type of Goods

 

2

Gordon Jamieson

20A South Esk Street

Brechin

 

Wheelie Bin Cleaner

 

3

Joseph Leggat

40 Pladda Terrace

Irvine

Football Novelties eg

Scarves, hats, etc

 

4

Andrew Paton

17 Cairnsmoreway

Irvine

Football Novelties eg

Scarves, hats, etc

 

5

Craig Paxton

14D Ochill Court

Irvine

 

Football Souvenirs

6

Raymond J Paxton

50 Turnberry Wynd

Irvine

 

Football Novelties eg

Scarves, hats, etc

7

Stephen Strutt

Mains Farmhouse

Inchture

Face painting,

Balloon modelling

 

In the case of Application No 1, the Committee, after hearing the applicant on their own behalf and the advice of the Clerk, agreed that the application be granted.

 

In the case of Applications Nos 2 and 7, there being no objections, the Committee agreed that the applications be granted.

 

In the case of Applications Nos 3 to 6, there being no objections, the Committee agreed that the applications be granted subject to the applicants according with legislation in relation to the non-sale of material which may be deemed as being of a religious or sectarian nature.

 

(h) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

 

Name

1

James Alexander

2

Graeme Cavin

3

Graeme Clark

4

Steven Davie

5

Simon Dommer

6

Edward Doyle

7

Loraine Edmonds

8

Brian Evans

9

Andrew Gollan

10

Brian Johnston

11

James Kennedy

12

Derek Kinmond

13

Catherine McKay

14

Kenneth Purvis

15

Colin S Robb

16

David Robbins

17

Paul M Saunders

18

William Shirkey

19

Barry A Stewart

20

Tadeusz Wolecki

21

Michael Burke

 

No

 

Name

22

Ronald Farnan

23

Frank Mackay

24

Martin McGill

25

William Milne

26

Yvonne Thomson

 

In the case of Applications Nos 1 - 20, there being no objections, the Committee agreed that the applications be granted.

 

In the case of Applications Nos 21, 22, 23 and 25, the Committee noted that these applications had been withdrawn from consideration by the applicant.

 

In the case of Applications Nos 24 and 26, the Committee, after noting that the applicants were not present, agreed that they could be considered in their absence and having noted that they had failed to pass the street test within the prescribed period, agreed that they be refused.

 

(i) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

 

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

 

No

 

Name

1

Alexander W Burnett

2

David F Clunie

3

David Hunter

4

Harry McCrudden

5

Grant Stewart

 

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.

 

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There was submitted seven applications by Mr S C for houses in multiple occupation licences.

 

The Committee gave consideration to a letter of representation which had been submitted by the Director of Housing relative to this applicant. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and the advice of the legal officer, the Committee agreed that the applications be refused.

 

(b) TAXI DRIVER LICENCE - NEW APPLICATIONS

 

(i) There was submitted an application by Mr G L 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. Thereafter, having heard a representative of Tayside Police 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 P J 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. Thereafter, having heard a representative of Tayside Police and a representative on behalf of the applicant, Bailie Mackie, seconded by Bailie Powrie moved that the application be granted for a period of one year.

 

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

 

On a division, there voted for the motion, Bailie Mackie, Bailie Powrie and Councillor Webster (3); and for the amendment, Councillor Sturrock, Councillor Dick, Bailie Corrigan and Councillor Barrie (4) - 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 L F for a Window Cleaners Licence.

 

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application. Thereafter, having heard a representative of Tayside Police and the applicant on their own behalf, the Committee agreed that the application be refused.

 

(ii) There was submitted an application by Mr A C for a window cleaners licence.

 

The Committee gave consideration to a letter of objection 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 the Chief Constables representative as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done.

 

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

 

 

 

 

BRUCE D MACKIE, Convener.