Licensing Committee - 08/01/2004

At a MEETING of the LICENSING COMMITTEE held at Dundee on 8th January, 2004.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 4th December, 2003 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

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

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION

There were submitted the undernoted applications:-

In the case of Applications Nos 1 to 4, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 5, the Committee, agreed that consideration of the application be deferred for a period of one month to allow further enquiries to be made.

In the case of Applications Nos 6 to 21, the Committee agreed that consideration of these applications be deferred to a future meeting.

The Committee also decided that a report on planning issues and terms for houses in multiple occupation be brought forward for the information of the Committee at a future meeting.

(b) PRIVATE HIRE LICENCES NEW APPLICATIONS

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

(c) TAXI LICENCES NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 1, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Applications Nos 2 and 3, there being no objections, the Committee agreed that the applications be granted subject to conditions.

(d) ACCESSIBLE VEHICLES

(i) ASSESSMENTS

On a reference to Article II (e) of the minute of meeting of 4th December, 2003 it was reported for information that the undernoted vehicles from the manufacturers indicated had been assessed as suitable by the Cabs Enforcement Officer and the Plant and Vehicle Officer.

Cab Direct Glasgow - Peugeot E7

Cab Direct Glasgow - Peugeot Eurobus

Cab Direct Glasgow - Fiat Freedom (Doblo Conversion)

John Paton Limited Edinburgh - TX1 (Model 1999 onwards)

John Paton Limited Edinburgh - TX2

Cab Direct Glasgow - Fiat Freedom Twin (Doblo Conversion)

The Committee agreed that the vehicles listed be included on the list of accessible vehicles.

(ii) APPEAL

On a reference to Article I (c) of the minute of meeting of 20th November, 2003 it was reported that the 28 day period allowed for appeal to the Sheriff had passed and that no appeal had been lodged.

It was also reported that the taxi licences granted at the above meeting took effect on 19th December and that the licence holders had been advised that they had until 29th January to place a suitable vehicle on service.

As regards objections by the Dundee Taxi Association to applications lodged after 11th November, 2003, the Committee were advised that the Depute Chief Executive (Support Services) was of the opinion that as the objections referred to the previous policy of the Committee, they were both irrelevant and incompetent.

The Committee agreed:-

(i) to note that no appeal had been lodged;

(ii) to note that the taxi licences granted at the meeting held on 20th November, 2003 took effect on 19th December, 2003 and that the licence holders had until 29th January, 2004 to place a suitable vehicle on service; and

(iii) that the objections lodged by the Dundee Taxi Association after 11th November, 2003 be considered incompetent and irrelevant.

(e) TAXI LIAISON GROUP

On a reference to Article II of the minute of 25th June, 1988 and Article II(c)(ii) of the minute of meeting of 1st February, 2001, wherein it was agreed that the Taxi Liaison Group comprised the following:-

(1) Dundee Taxi Association - 2 members

(2) Transport and General Workers Union - 2 members

(3) Street Cabs - 3 members

(not attached to any office)

(4) Taxi Licence Holders - 3 members

(who work from offices)

(5) Dundee Taxi Cab Co Ltd - 2 members

(6) Other Private Hire Operators - 1 member.

In the case of item 4 above, it was reported that applications were previously invited by press advertisement and that the number of applicants exceeded the 3 vacancies. Attendance was therefore on a rolling basis and had been sporadic.

It was also reported that the management of taxi offices were not represented on the Taxi Liaison Group at present.

The Committee agreed that the Clerk be remitted to seek the views of the trade with a view to the membership being reviewed.

(f) FITNESS TO DRIVE TAXIS OR PRIVATE HIRE CABS

It was reported that in the event of the Council's medical examiner certifying that the holder of a taxi driver's licence or a private hire car driver's licence was unfit to drive a taxi or a private hire car it was recommended that it be remitted to the Depute Chief Executive (Support Services) in consultation with the Convener to suspend the licence in terms of Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982 and that a Hearing in terms of Paragraph 11 be called within six weeks of the date of the suspension.

It was also reported that if the Council's medical examiner in the period between the suspension and the date of the hearing subsequently certified that the licence holder had returned to fitness to drive a taxi or a private hire car it be recommended that the Depute Chief Executive (Support Services) in consultation with the Convener be authorised to recall the suspension order in terms of Paragraph 12(6) of Schedule 1.

The Committee agreed to the above recommendations.

(g) TAXI DRIVERS' LICENCES NEW APPLICATIONS

There were submitted the undernoted applications:-

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

In the case of Applications Nos 10, 11, and 12, the Committee, after noting that the applicants had failed to pass the street test within the prescribed period, agreed that the applications be refused.

(h) SECOND HAND DEALER'S LICENCE NEW APPLICATION

There was submitted the undernoted application:-

In the case of this application, the Committee agreed that the application be granted subject to a satisfactory inspection by Environmental Health.

III SALE OF VENISON ACT 1968  NEW APPLICATION

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

IV GAME DEALER'S LICENCE  NEW APPLICATION

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

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act, 1973 that the 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.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVERS' LICENCES NEW APPLICATIONS

(i) There was submitted an application by Mr C McL 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 the applicant on his own behalf, the Convener, seconded by Councillor Sturrock, moved that the application be granted.

As an amendment, Councillor Grant, seconded by Councillor Dick, moved that the application be refused.

On a division, there voted for the motion Bailie Mackie, Lord Provost Letford and Councillors Regan, Sturrock, Sawers, A Dawson and Webster (7); and for the amendment Councillors Grant, Dick and Fordyce (3) whereupon the motion was declared carried and the application was granted.

(ii) There was submitted an application by Mr J T 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 the applicant on his own behalf, the Committee agreed that the application be granted.

(b) STREET TRADER'S LICENCE NEW APPLICATION

(i) There was submitted an application by Mr M S for a Street Trader's Licence.

The Committee noted that the applicant was not present and agreed that consideration of the application be deferred to the meeting of the Licensing Committee to be held in March 2004 to allow the applicant to attend.

BRUCE D MACKIE, Convener.