Licensing Committee - 05/06/2008

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th June, 2008.

Present:-

COUNCILLORS

Lord Provost John R LETFORD, Convener, in the Chair.

The minute of meeting of this Committee of 14th May, 2008 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 1st May, 2008 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

II PET ANIMALS ACT 1951 - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee, having heard a representative of the Environmental Health Department and the applicant on their own behalf, agreed that the application be granted subject to conditions.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

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

(b) PRIVATE HIRE CAR LICENCE - NEW APPLICATIONS

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

(c) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee, having heard the applicant on their own behalf, agreed that the application be granted.

(d) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS

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

(e) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicants were not present and agreed that the application be considered in their absence. Thereafter, having heard a representative of the Housing Department and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application Nos 2 to 24, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application No 25, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

In the case of Application No 26, the Committee noted that the objectors to this application were not present. Thereafter, the Committee gave consideration to the letters of objection which had been submitted by members of the public and letters of support which had been submitted on behalf of the applicant. The Committee noted that a later objection had also been submitted with a further letter stating the reasons why the objection was submitted late and having heard the Legal Officer, the Committee agreed that this objection also be considered. Thereafter, having heard a representative of the Housing Department, the applicant on his own behalf, an agent on behalf of the applicant and a representative of Tayside Police, the Committee agreed that the application be granted subject to the condition that an appropriate day to day manager be appointed.

In the case of Application No 27, the Committee noted that the objector to this application was not present. Thereafter, having given consideration to the letter of objection which had been submitted by a member of the public, and having heard a representative of the Housing Department and an agent on behalf of the applicant, the Committee agreed that the application be granted.

In the case of Application No 28, the Committee noted that the objector to this application was not present. Thereafter, the Committee gave consideration to a letter of objection which had been submitted by a member of the public and a letter of support which had been submitted by the applicant. The Committee, having heard a representative of the Housing Department and the applicant on his own behalf, agreed that the application be granted.

In the case of Application Nos 29 to 34, the Committee agreed that consideration of these applications be deferred to a future meeting.

(f) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATION

There was submitted a request for variation for 37 Taylor's Lane to change the day to day manager to Finlayson Gore Ltd. There being no objections, the Committee agreed that the request be granted.

(g) USE OF THE MURRAYGATE/DRAGON AREAS

There was submitted an application by Kantaro for the use of the above areas on Friday and Saturday, 6th and 7th June, 2008 and also for Friday and Saturday, 13th and 14th June, 2008. They were an organisation promoting ethnic world music using ancient instruments. They were requesting to play four sets of music of 45 minutes each. They would also be promoting CDs.

In respect of this application, the Committee, having heard a representative on behalf of the applicants and consideration of the advice of the Clerk and the Legal Officer, and having identified on the map of the area where the organisation intended to play, the Committee agreed that the application be granted subject to conditions.

(h) USE OF THE MURRAYGATE

There was submitted a request by the Claverhouse Group for the use of the Murraygate to display and sell reconditioned bicycles once a fortnight.

In the case of this application, the Committee, having heard a representative on behalf of the applicant, agreed that the application be refused.

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 I of Schedule 7A of the Act.

(i) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted an application by Mr Z O for a Houses in Multiple Occupation Licence.

The Committee, having given consideration to the advice of the Legal Officer and having heard the representative of the Housing Department and a representative on behalf of the applicant, agreed that the application be granted subject to conditions until September 2008.

(j) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted an application by EEC for a Public Entertainment Licence.

The Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, the Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application and having heard a representative of Tayside Police, the Committee agreed that the application be granted subject to conditions.

(k) SECOND HAND DEALER'S LICENCE - NEW APPLICATION

There was submitted an application by P C/L McM for a Second Hand Dealer's Licence.

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police 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, having heard a representative of Tayside Police, the applicant on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months.

(l) TAXI DRIVER'S LICENCE - NEW APPLICATION

(i) There was submitted an application by Mr B A for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police and the applicant on their own behalf and consideration of a letter of support which had been tabled on behalf of the applicant, the Committee agreed that the application be granted.

(ii) There was submitted an application by Mr R W for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, the applicant on their own behalf and an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months.

(iii) There was submitted an application by Mr B McL for a Taxi Driver's Licence.

There was submitted a letter of objection from Tayside Police relevant to this application. Thereafter, having given consideration to the content of the letter and having heard a representative of Tayside Police, an agent on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the application be refused.

(m) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

There was submitted a letter of information from the Corporate Food Safety Adviser and Tobacco Control Officer relative to the alleged conduct of Mr K M during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having given consideration to the content of the letter and the advice of the Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr K M be suspended for the unexpired portion of the licence.

Lord Provost John R LETFORD, Convener.