Licensing Committee - 04/11/2004
At a MEETING of the LICENSING COMMITTEE held at Dundee on 4th November 2004.
Present:-
Lord Provost John R LETFORD
BAILIES
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John CORRIGAN |
Bruce D MACKIE |
Neil I C POWRIE |
COUNCILLORS
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Fiona M GRANT |
Jim BARRIE |
Elizabeth F FORDYCE |
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Charles A WEBSTER |
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The minute of meeting of this Committee of 20th October 2004 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 no objections the Committee agreed that the undernoted application be granted.
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No |
Name |
Address of Premises |
No of Machines |
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1 |
Glam Leisure Ltd/J Samson |
4 Meadowside - London Night Club |
2 |
II CIVIC GOVERNMENT (SCOTLAND) ACT, 1982
(a) HOUSES IN MULTIPLE OCCUPATION
There were submitted the undernoted applications:-
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No |
Name |
Address |
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1 |
Mr I Jamal |
2/2, 87 Commercial Street, Dundee |
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2 |
Mr A McLeod |
Third Floor, 32 Union Street, Dundee |
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3 |
Mr J M Barnett |
Top Floor East, 8 Garland Place, Dundee |
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4 |
Mr M Devlin |
2/N, 58 Peddie Street, Dundee |
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5 |
Mr M Devlin |
T/W, 177 Blackness Road, Dundee |
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6 |
Dundee City Council Social Work Department |
Priory View, 16A Rankine Street, Dundee |
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7 |
Steven Garry/Peter Hookham |
2/L, 52 Seafield Road, Dundee |
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8 |
Ms E Stewart |
2/1. 15 Bank Street, Dundee |
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9 |
Hillcrest Housing Association |
100 Foundry Lane, Dundee |
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10 |
Hillcrest Housing Association |
38 Brown Constable Street, Dundee |
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11 |
Hillcrest Housing Association |
Jessie Devlin Close, Soapwork Lane, Dundee |
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12 |
Mr W M Reid |
13 Blackness Avenue, Dundee |
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13 |
Sunrise Property Services Ltd |
21 Blackness Avenue, Dundee |
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14 |
Sunrise Property Services Ltd |
3A, 42 Westport, Dundee |
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15 |
Sunrise Property Services Ltd |
2A, 42 Westport, Dundee |
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16 |
Stirling International Ltd |
T/L, 28 South Tay Street, Dundee |
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17 |
Stirling International Ltd |
Second Floor, 3 South Tay Street, Dundee |
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18 |
N & N Jamal Properties |
10 Dudhope Street (Ground Floor) |
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19 |
Mr S Jackson |
Second Floor, 2E Shaftesbury Place, Dundee |
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20 |
Mr P Sale |
45 Commercial Street, Dundee |
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21 |
Mr D Stuart |
24A Patons Lane, Dundee |
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22 |
Mr D Millar |
80 King Street, Dundee |
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23 |
Mr N Edwards |
1/R, 5 Blackness Avenue, Dundee |
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24 |
Mr P Sale |
2/R, 29 Union Street, Dundee |
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25 |
Carol Livingston |
1/R, 20 Perth Road, Dundee |
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26 |
Carol Livingston |
2/R, 20 Perth Road, Dundee |
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27 |
Carol Livingston |
3/R, 20 Perth Road, Dundee |
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28 |
Mr I Clark |
1 Tayfield Place, Dundee |
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29 |
Razco Ltd |
2/R, 293 Hawkhill, Dundee |
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30 |
Hussein Investments |
2/R, 87 King Street, Dundee |
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31 |
Zuleka Okhai |
Flat 5, 4 India Buildings, Dundee |
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32 |
Zuleka Okhai |
Flat 4, 4 India Buildings, Dundee |
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33 |
Hussein Investments |
2/L, 87 King Street, Dundee |
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34 |
Hussein Investments |
T/L, 20 Castle Street, Dundee |
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35 |
Razco Ltd |
Flat 5, 3 Seagate, Dundee |
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36 |
Razco Ltd |
T/R, 9 Commercial Street, Dundee |
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37 |
Razco Ltd |
T/L, 9 Commercial Street, Dundee |
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38 |
Arif Karim |
First Floor, 46 Seafield Road, Dundee |
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39 |
Razco Ltd |
G/L, 291 Hawkhill, Dundee |
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40 |
Razco Ltd |
1/L, 15 Exchange Street, Dundee |
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41 |
Razco Ltd |
2/L, 15 Exchange Street, Dundee |
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42 |
Open Door Developments Ltd |
Flat 1, Roseangle Court, Dundee |
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43 |
Mrs K Sattar |
Top Floor, 45 Cleghorn Street, Dundee |
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44 |
Mr M Harris |
Second Floor, 105B Nethergate, Dundee |
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45 |
Unite Finance One |
Tay Mills, 19 Brown Street, Dundee |
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46 |
Donald Brown Ltd |
3/R, 32 Castle Street, Dundee |
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47 |
Donald Brown Ltd |
3/L, 32 Castle Street, Dundee |
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48 |
Mr A Dickinson |
7 Larch Street, Dundee |
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49 |
Dundee City Council |
1/3 Bank Street, Dundee |
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50 |
Unite Finance One |
Old Mill, 21 Brown Street, Dundee |
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In the case of application numbers 1-11, there being no objections, the Committee agreed that the applications be granted.
In the case of application numbers 12-17, the Committee noted that the objections which had been submitted by the Private Sector Services Unit had been withdrawn and there being no further objections, the Committee agreed that the applications be granted.
In the case of application number 18, the Committee agreed that consideration of this application be deferred to a future meeting of the Committee to allow the outstanding works to be completed.
In the case of application numbers 19-50, 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:-
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No |
Name |
Address of Premises |
Hours of Opening |
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1 |
Talat Mahmood |
31 Albert Street, Dundee (Shahi) |
11pm to 2 am Monday to Sunday |
(c) METAL DEALER/SECOND HAND DEALER - RENEWALS
There was submitted the undernoted application:-
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No |
Name |
Address |
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1 |
Michael Phinn |
Perrie Street, Dundee |
In the case of this application the Committee after hearing a representative on behalf of the objectors and an agent on behalf of the applicant and consideration of letters of objection which had been submitted by a member of the public, together with copies of reports which had been submitted by the Scottish Environmental Protection Agency, the Firemaster and Environmental Health, the Committee agreed that the application be granted for a period of two months.
(d) PRIVATE HIRE LICENCE - NEW APPLICATION
There being no objections, the Committee agreed that the undernoted application be granted:-
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No |
Name |
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1 |
Wayne Douglas O'Hare |
(e) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATION
There being no objections the Committee agreed the undernoted application be granted:-
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No |
Name |
Address of Premises |
Purpose |
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1 |
The Factory Skate Park/Derek R Marshall |
Douglas Road/Balunie Drive |
Skate Park and Youth Support Services |
(f) SECOND HAND DEALER'S LICENCE - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted:-
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No |
Name |
Address of Premises |
Type of Goods |
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1 |
Alan Brindley |
1A Kemback Street |
Household Furniture and Electrical Goods |
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2 |
John Martin Holdings Ltd |
MacAdam Place (Belmont Citroen) |
Motor Vehicles |
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3 |
Michael Wallace |
Yard 2, Myrekirk Road |
Motor Vehicles |
(g) STREET TRADERS - NEW APPLICATION
There being no objections, the Committee agreed that the undernoted application for a temporary licence be granted:-
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No |
Name |
Type of Goods |
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1 |
Leyton Miller, 35 Rigby Street, Glasgow |
Novelties |
(h) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
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No |
Name |
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1 |
June Buchan |
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2 |
Simon Dommer |
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3 |
Karen Golding |
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4 |
Sajjad Khalid Khokhar |
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5 |
Gordon Alexander Mills |
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6 |
John Ronald Neish |
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7 |
Raymond Noble |
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8 |
Frank Perrie |
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9 |
Caroline Anne Petticrew |
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10 |
John Flynn Taylor |
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11 |
Robert Francis Whelan |
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12 |
David Michael Brown |
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13 |
James Charles Harper |
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14 |
Angus William Hunter |
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15 |
Alice Watt |
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16 |
Angus Andrew Wilkie |
In the case of application numbers 1-11, there being no objections the Committee agreed that the applications be granted.
In the case of application numbers 12-16, the Committee after noting that the applicants had failed to pass the street test within the prescribed period, agreed that the applications be refused.
(i) TAXI LICENCES - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted subject to conditions:-
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No |
Name |
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1 |
Hugh Austin |
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2 |
John R Black |
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3 |
Norman Bland |
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4 |
Cabforce Ltd/Linda Harris |
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5 |
Colin Scott Din |
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6 |
Dundee Taxi Leasing Ltd/W Rattray (30 Applications) |
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7 |
Colin Johnson |
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8 |
Joseph King |
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9 |
Paul McEwen |
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10 |
Anthony McNally |
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11 |
R M Taxis/R M Henderson |
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12 |
Robert M Taylor |
(j) TAXIS/PRIVATE HIRE VEHICLES - NO SMOKING SIGNS
On a reference to Artile II of the minute of meeting of the Taxi Liaison Group of 22nd September 2004 concerning the display of "No Smoking" signs on taxis, it was recommended that the following amendments be made to the standard conditions for taxi licences, private hire car licences and taxi and private hire car driver's licences.
(a) Taxi Licences (incl Accessible Vehicles)
The following shall be added to the end of Condition 14., namely,
"Notwithstanding the provisions of this condition, the holder of the licence shall display "no smoking" signs inside the vehicle in the form and position approved by the Council as licensing authority."
(b) Private Hire Car Licences
The same amendment as at (a) above shall be added to the end of Condition 26.
(c) Taxi and Private Hire Car Driver's Licences
A full stop shall be inserted after the word "manner" in Condition 14. (taxi) and 12. (private hire) and the remainder of these conditions shall be replaced by the following namely,
"The driver shall not smoke in the vehicle whilst it is being operated as a taxi. This applies whether or not passengers are in the vehicle at the material time."
The Committee agreed that the above amendments be made to the conditions as indicated.
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 of the above Act.
III CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) SECOND HAND DEALER'S/METAL DEALER'S LICENCE - NEW APPLICATION
There was submitted an application by Mr A S for a second hand dealer's and a metal dealer's licence.
The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable and a letter of objection which had been submitted by local residents and after hearing a representative on behalf of the Chief Constable, an agent on behalf of the applicant and the advice of the legal officer, Bailie Mackie, seconded by Councillor Webster moved that the application be granted. As an amendment Bailie Corrigan, seconded by Councillor Fordyce moved that the application be refused.
On a division there voted for the motion Bailie Mackie and Councillor Webster (2); and for the amendment the Lord Provost, Bailie Corrigan, Councillor Barrie, Councillor Fordyce and Bailie Powrie (5) whereupon the amendment was declared carried and the application was refused.
(b) STREET TRADER'S LICENCE
There was submitted an application by Mr B B for a street trader'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 conditions which were spent in terms of the Rehabilitation of Offenders Act and after hearing their age and nature the Committee agreed that they not be considered. Thereafter, the representative of the Chief Constable withdrew their objection to the application.
There being no further objections the Committee agreed that the application be granted.
(c) TAXI DRIVER'S LICENCE - RENEWALS
There was submitted an application by Mr J S for renewal of his taxi driver's licence.
The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable and after hearing a representative on behalf of the Chief Constable and the applicant on their own behalf agreed that the application be granted until May 2005.
(d) TAXI DRIVER'S LICENCE - NEW APPLICATION
There was submitted an application by Mr D G for a taxi driver's licence.
The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable and after hearing a representative on behalf of the Chief Constable and a representative on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the application be granted.
(e) TAXI LICENCE - RENEWALS
(i) There was submitted an application by Mr J F for renewal of his taxi licence.
The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable and after hearing a representative on behalf of the Chief Constable and an agent on behalf of the applicant, the Committee agreed that the application be granted and that a suspension hearing be held in due course.
Bailie Mackie left the room prior to consideration of the following item whereupon Councillor Webster took the Chair.
(ii) There was submitted an application by Mr J C for renewal of his taxi licence.
The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable and after hearing a representative on behalf of the Chief Constable, an agent on behalf of the applicant and consideration of the advice of the legal officer, the Committee agreed that the application be granted and that a suspension hearing be held in due course.
(f) TAXI LICENCE - SUSPENSION HEARING
On a reference to Article II(ii) of the minute of meeting of the Licensing Sub Committee of 9th August, 2004 there was submitted a letter of information by the Chief Constable relative to the conduct of Mr S McI during the currency of his taxi licence.
The Committee agreed that consideration of this matter be deferred to a future meeting of the Committee.
(g) TAXI DRIVERS LICENCE - SUSPENSION HEARINGS
(i) On a reference to Article I(i) of the minute of meeting of the Licensing Sub Committee of 9th August 2004 there was submitted a letter of information by the Chief Constable relative to the conduct of Mr J C during the currency of his taxi driver's licence.
The Committee agreed that consideration of this matter be deferred to a future meeting.
(ii) On a reference to Article I(ii) of the minute of meeting of the Licensing Sub Committee of 9th August 2004 there was submitted a letter of information by the Chief Constable relative to the conduct of Mr S McI during the currency of his taxi driver's licence.
The Committee agreed that consideration of this matter be deferred to a future meeting.
Bailie Mackie returned to the room prior to consideration of the undernoted items whereupon he resumed the Chair.
(iii) On a reference to Article IV(g)(ii) of the minute of meeting of the Licensing Sub Committee of 2nd September 2004 there was submitted a letter of information by the Chief Constable relative to the conduct of Mr J F during the currency of his taxi driver's licence.
The Committee agreed that consideration of this matter be deferred to a future meeting.
(h) WINDOW CLEANER'S LICENCE - RENEWALS
(i) There was submitted an application by Mr D A for renewal of his window cleaner's licence.
The Committee after noting that the applicant was not present, agreed that the application be considered in their absence and after consideration of letters of objection which had been submitted by the Chief Constable and after hearing the representative of the Chief Constable agreed that the application be refused.
(ii) There was submitted an application by Mr D A for renewal of his window cleaner's licence.
The Committee gave consideration to letters of objection which had been submitted by the Chief Constable and after hearing a representative of the Chief Constable and the applicant on their own behalf the Committee agreed that the application be granted.
(iii) There was submitted an application by Mr P G for renewal of his window cleaner's licence.
The Committee after noting that the applicant was not present, agreed that the application be considered in their absence and after consideration of a letter of representation which had been submitted by the Chief Constable and after hearing the representative of the Chief Constable, the Committee agreed that the application be granted.
BRUCE D MACKIE, Convener.