Licensing Committee - 26/06/2008

At a MEETING of the LICENSING COMMITTEE held at Dundee on 26th June, 2008.

 

Present:-

 

Lord Provost John R LETFORD

 

 

 

Bailie Roderick A J WALLACE

 

COUNCILLORS

 

Laurie BIDWELL

Helen DICK

David BOWES

Tom FERGUSON

 

Andrew DAWSON

 

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

 

The minute of meeting of this Committee of 5th June, 2008 was held as read.

 

Unless marked thus * all items stand delegated.

 

I MINUTE OF MEETING OF TAXI LIAISON GROUP

 

The minute of meeting of the Taxi Liaison Group held on 10th June, 2008 was submitted and approved, a copy of which is attached to this minute as an Appendix.

 

II 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.

 

No

Name

Address of Premises

Hours of Opening

 

1

Yuk Ying Lee

Sun Sun Chinese Takeaway

271 Clepington Road

From 11pm to 12 Midnight Sundays to Thursdays and 11pm to 1am Fridays and Saturdays.

 

2

Yong Qun Zhong

Tak-A-Wa

243 Clepington Road

From 11pm to 2am Mondays to Sundays.

 

(b) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

Hours of Opening

 

1

Downfield FC

Social Club

 

Downfield FC Social Club

28th June, 2008 11.30am to 10pm.

2

Charles Horne

City Centre

30th, 31st December, 2008 and 1st, 2nd January, 2009 from 12 noon to 9pm.

 

3

Dundee City Council

Camperdown Park

Dundee Flower and

Food Festival

5th September, 2008 11am to 6pm, 6th September, 2008 10am to 6pm and 7th September, 2008 10am to 5.30pm.

 

4

M C J Hay Ltd/

Eileen Hay

Jungleefun

Unit 1, City Quay

Mondays to Sundays 9am to 6pm.

 

In the case of Application No 1, the Committee, having heard the Environmental Health Officer and the applicant on their own behalf, agreed that the application be granted.

 

Lord Provost John R Letford declared a non-financial interest in Application No 2 by virtue of the applicant having been a contributor to the Lord Provost's Charity Fund and took no part in the proceedings.

 

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

 

In the case of Application No 4, the Committee, having heard the Environmental Health Officer and an agent on behalf of the applicant, agreed that the application be granted subject to a risk assessment being submitted to the satisfaction of the Environmental Health Department.

 

(c) PRIVATE HIRE LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

1

Steven de Gernier

2

Lindsay Mitchell (Limousine)

 

(d) TAXI FARES

 

There was submitted Report No 354-2008 by the Director of Planning and Transportation on the review of taxi fares following a written request from the Dundee Taxi Association and the Transport and General Workers' Union (TGWU).

 

The Committee agreed to the proposals as listed under paragraph 4.3 of the report.

 

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

 

1

William Allan

2

Franz Farrell

3

Graham Morris

 

In the case of Application Nos 1 to 3, the Committee noted that the applicants had failed to pass the street test within the prescribed period and agreed that the applications be refused.

 

(f) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS

 

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

 

No

Name

 

1

Robert Anderson x 2

2

Robert Collins

3

Robert Gordon

4

William Lees

 

(g) USE OF CITY SQUARE - NEW APPLICATION

 

There was submitted the undernoted application:-

 

No

Name

Dates of Use

 

1

Potters House Christian Centre/ Ronald Peterkin

28th to 30th July, 2008

 

The event consisted of three gospel groups singing. There would be two public address systems, four microphones and two speakers. The event would start at 12 noon to 2pm on the days promoting concerts at church venues in the Arbroath Road and the Mayfield Sports Centre.

 

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

 

(h) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications:-

 

No

Name

Address

 

1

Basila Investments/Alison Currie

Flat 1, 21 Commercial Street

2

Basila Investments/Alison Currie

Flat 2, 21 Commercial Street

3

Basila Investments/Alison Currie

Flat 3, 21 Commercial Street

4

Basila Investments/Alison Currie

Flat 4, 21 Commercial Street

5

DDCL Property/Richie Hawkins

(2/1), 10 Garland Place

6

DDCL Property/Richie Hawkins

(2/1), 5 Rustic Place

7

Grant Investment/Peter Grant

Flat B, 69 Constitution Road

8

JPCD Ltd/Angus Glen Properties

2E Shaftesbury Place

9

GRL Properties Ltd/Frederick Shearer

Block A, 4th Floor, 9 Courthouse Apartments, 9 Johnston Street

10

GRL Properties Ltd/Frederick Shearer

Block B, 1st Floor, 17 Courthouse Apartments, 17 Johnston Street

11

GRL Properties Ltd/Frederick Shearer

Block B, 1st Floor, 18 Courthouse Apartments, 18 Johnston Street

12

GRL Properties Ltd/Frederick Shearer

Block B, 2nd Floor, 19 Courthouse Apartments, 19 Johnston Street

13

GRL Properties Ltd/Frederick Shearer

Block B, 2nd Floor, 20 Courthouse Apartments, 20 Johnston Street

14

GRL Properties Ltd/Frederick Shearer

Block B, 2nd Floor, 21 Courthouse Apartments, 21 Johnston Street

15

GRL Properties Ltd/Frederick Shearer

Block B, 3rd Floor, 22 Courthouse Apartments, 22 Johnston Street

16

GRL Properties Ltd/Frederick Shearer

Block B, 3rd Floor, 23 Courthouse Apartments, 23 Johnston Street

17

GRL Properties Ltd/Frederick Shearer

Block B, 3rd Floor, 24 Courthouse Apartments, 24 Johnston Street

18

GRL Properties Ltd/Frederick Shearer

Block B, 4th Floor, 25 Courthouse Apartments, 25 Johnston Street

19

GRL Properties Ltd/Frederick Shearer

Block B, 4th Floor, 26 Courthouse Apartments, 26 Johnston Street

20

GRL Properties Ltd/Frederick Shearer

Block B, 4th Floor, 27 Courthouse Apartments, 27 Johnston Street

21

GRL Properties Ltd/Frederick Shearer

29 Courthouse Apartments, 29 Johnston Street

22

GRL Properties Ltd/Frederick Shearer

Block B, 5th Floor, 30 Courthouse Apartments, 30 Johnston Street

23

GRL Properties Ltd/Frederick Shearer

Block A, 3rd Floor, 7 Courthouse Apartments, 7 Johnston Street

 

24

GRL Properties Ltd/Frederick Shearer

Block A, 3rd Floor, 8 Courthouse Apartments, 8 Johnston Street

25

GRL Properties Ltd/Frederick Shearer

Block A, 3rd Floor, 10 Courthouse Apartments, 10 Johnston Street

26

GRL Properties Ltd/Frederick Shearer

Block A, 5th Floor, 11 Courthouse Apartments, 11 Johnston Street

27

GRL Properties Ltd/Frederick Shearer

Block A, 5th Floor, 12 Courthouse Apartments, 12 Johnston Street

28

GRL Properties Ltd/Frederick Shearer

Block B, 5th Floor, 28 Courthouse Apartments, 28 Johnston Street

29

GRL Properties Ltd/Frederick Shearer

31 Courthouse Apartments, 31 Johnston Street

30

Laura and Scott Thompson/Peter Grant

(2/2), 93 Arbroath Road

31

Grant Residential Property Ltd/

Peter Grant

39 St Andrew's Street

32

Alasdair N Cross

27 Larch Street

33

Grant Residential Properties Ltd/

Peter Grant

(G/L), 261 Blackness Road

34

GRL Properties Ltd/Frederick Shearer

3 Courthouse Apartments, 3 Johnston Street

35

GRL Properties Ltd/Frederick Shearer

14 Courthouse Apartments, 14 Johnston Street

36

Zakir and Sumeya Gani

Flat 1, (1/L), 11 Reform Street

37

Sumeya Gani/AKG Property Group

Flat 3, (2/R), 11 Reform Street

38

Sumeya Gani/AKG Property Group

Flat 4, (2/M/L), 11 Reform Street

39

Zars Ltd/Zakir Gani

Flat 5, (2/M/R), 11 Reform Street

40

Sumeya Gani/AKG Property Group

Flat 6, (2/L), 11 Reform Street

41

Zars Ltd/Zakir Gani

Flat 7, (3/R), 11 Reform Street

42

Zars Ltd/Zakir Gani

Flat 8, (3/L), 11 Reform Street

43

Zars Ltd/Zakir Gani

Flat 9, (Attic), 11 Reform Street

44

Jonathan and Vikki Scholefield/

Peter Grant

24 (2/1), Constitution Street

45

Grant West Property Ltd/Peter Grant

1 (1/2), Fyffe Street

46

Grant West Property Ltd/

Peter Grant

(G/1), 49 Lyon Street

47

Peter and Deborah Nowottny/

Peter Grant

(1/L), 20 Whitehall Street

48

Peter and Deborah Nowottny/

Peter Grant

(1/R), 20 Whitehall Street

49

Grant West Property Ltd/Peter Grant

(3/1), 44 Scott Street

50

Firm of A & K Kerr/Avril Kerr

Westlands, 44 Strathern Road

51

Maureen and Alan Horn/Peter Grant

(1/1), 107 Clepington Road

52

Iain F, Louise and

Alistair M MacDonald/Peter Grant

(1/2), 4 Gowrie Street

53

Stephen and Deirdre Reid/Peter Grant

94B Victoria Road

54

Ian Clark/Ann McIntosh

1 Tayfield Place

55

Richard W Pollock/Jack Reavley

Flat D, 26 Seafield Road

56

Glynne-Jones@Home Ltd/Colin Scorgie

4 Seafield Road

57

Stirling International Ltd/John Stirling

31 Springfield

58

Stirling International Ltd/John Stirling

26 Springfield

59

Robert S Pringle/Peter Grant

(1/2), 157 Strathmartine Road

60

Grant West Property Ltd/Peter Grant

(1/0), 19 Milnbank Road

61

Robert A Wright/Peter Grant

(3/2), 159 Strathmartine Road

62

Kanishk D and Sushma Shah

21 Friary Gardens

63

Grant West Property Ltd/Peter Grant

(3/1), 2 Hepburn Street

64

Claudio Mio/Peter Grant

(3/2), 59 West Lyon Street

65

Deirdre L McKean

6 Larch Street

 

In the case of Application Nos 1 to 6, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

 

In the case of Application Nos 7 to 54, the Committee, having heard the applicants on their own behalf, agreed that the applications be granted.

 

In the case of Application No 55, the Committee gave consideration to letters of objection which had been submitted by members of the public. Thereafter, the Committee, having heard a representative of the Housing Department, an agent on behalf of the applicant, the applicant on their own behalf and an objector to the application and consideration of the advice of the Legal Officer, agreed that the application be granted subject to conditions.

 

In the case of Application No 56, 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 on behalf of the applicant. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and an objector to the application and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

 

In the case of Application Nos 57 and 58, the Committee gave consideration to a letter of objection which had been submitted by a member of the public and correspondence in support of the applications. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the applications be granted.

 

In the case of Application No 59, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and an objector to the application, the Committee agreed that the application be granted subject to conditions.

 

In the case of Application No 60, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

 

In the case of Application No 61, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and an objector to the application, the Committee agreed that the application be granted subject to conditions.

 

In the case of Application No 62, the Committee gave consideration to letters of objection which had been submitted by members of the public and a letter of support which had been submitted on behalf of the applicant. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf and an objector to the application, the Committee agreed that the application be refused.

 

In the case of Application No 63, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department, an objector to the application and the applicant on their own behalf, the Committee agreed that the application be granted for a period of one year subject to conditions.

 

In the case of Application No 64, the Committee gave consideration to letters of objection which had been submitted by members of the public. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

 

In the case of Application No 65, the Committee agreed that consideration of this application be deferred to a future meeting.

 

(i) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

 

There were submitted the undernoted requests for variation:-

 

(1) (2/1), 1 Bellefield Avenue to change of day to day manager to Christina Baynes;

 

(2) 8 Dudhope Gardens to change the occupancy from 5 to 4.

 

In the case of Request No 1, there being no objections, the Committee agreed that the request be granted.

 

In the case of Request No 2, the Committee agreed that consideration of this request be deferred to a future meeting of the Committee.

 

(j) HOUSES IN MULTIPLE OCCUPATION - RENEWAL OF VARIATION

 

There were submitted the undernoted applications for Renewal of Variation.

 

No

Name

Address

 

1

Mr and Mrs Frank Martin/Mrs Martin

1 Argyle Place, Thomson Street

2

Simon I Cohen

8A Prospect Place

3

Simon I Cohen

9 Crescent Lane

 

In the case of Request No 1, the Committee noted that this variation had been granted at the Licensing Committee on 1st November, 2007 for a trial period of six months. The Committee received from the applicant a letter detailing how they were to carry out the day to day management of the premises, the content of which was considered. Thereafter, there being no objections, the Committee agreed that the request for Renewal of Variation be granted.

 

In the case of Request Nos 2 and 3, the Committee noted that these variations had been granted at the Licensing Committee on 10th January, 2008 for a period of six months. Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that the requests for Renewal of Variation be granted.

 

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.

 

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There was submitted an application by Mr D S for a Houses in Multiple Occupation Licence.

 

The Committee gave consideration to a letter of objection which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

 

(b) HOUSE IN MULTIPLE OCCUPATION - RENEWAL

 

There was submitted an application by Mr E K/R H for renewal of a Houses in Multiple Occupation Licence.

 

This application had been deferred from the Licensing Committee of 7th February, 2008. The Committee noted that the applicant was not present and agreed that the application be considered in their absence. The Committee gave consideration to a letter of objection which had been submitted by the Housing Department and a letter of observation which had been submitted by Tayside Police relevant to this application. Thereafter, the Committee agreed that the application be refused.

 

(c) TAXI DRIVER'S LICENCE - NEW APPLICATION

 

There was submitted an application by Mr G M 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, the Committee agreed that the application be granted for a period of six months.

 

 

 

 

Lord Provost John R LETFORD, Convener.