Licensing Committee - 05/06/2003

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th June 2003.

Present:-

COUNCILLORS

Councillor MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 24th April 2003 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF IMMEDIATE SUSPENSION HEARING SUB-COMMITTEE OF 24TH APRIL 2003

The minute of meeting of Immediate Suspension Hearing Sub-Committee held on 24th April 2003 was submitted and noted for record purposes, a copy of which is attached as an appendix.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI/PRIVATE HIRE DRIVERS - CONDITIONS (CARRYING OF GUIDE DOGS AND HEARING DOGS (SCOTLAND) REGULATIONS 2002)

On a reference to Article I(c) of the minute of meeting of 9th January 2003 wherein it was agreed to vary the conditions of Taxi Driver's Licences to reflect new regulations introduced on 1st March regarding guide and hearing dogs it was reported that no objections had been received to the requirements of the regulations.

The Committee agreed that the licence conditions be amended accordingly and noted that exemptions to these regulations would be considered on health grounds upon application.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of applications 1, 2 and 3, there being no objections, the Committee agreed that the applications be granted subject to the satisfaction of the Private Sector Grants Unit.

In the case of applications 4, 6 and 7, there being no objections, the Committee agreed that the applications be granted.

In the case of application No 5, the Committee agreed to consider a late objection which had been received from the Private Sector Grants Unit in relation to this application and after hearing a representative on behalf of the applicant, an officer from the Private Sector Grants Unit and an officer from the Building Control Department, the Committee agreed that the application be granted for a period of three months until September 2003 subject to necessary completion certificates being received within the following four weeks.

In the case of application No 8, the Committee having heard from the applicant on his own behalf and a representative of the objectors agreed that the application be granted subject to regular maintenance of the garden area at the property been undertaken by the applicant.

In the case of application No 9, the Committee noted that this application had been withdrawn from consideration by the Clerk to the Licensing Committee.

In the case of application No 10, the Committee noted that the Convener had agreed that this application be considered in terms of 52(3)(b) in view of the timescales and after noting that there were no objections, the Committee agreed that the application be granted.

In the case of applications Nos 11-19, the Committee agreed that consideration of these items be deferred to a future meeting.

(c) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

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

(d) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATION

Councillor Webster declared a non-financial interest in this item by virtue of his employment with the University of Dundee.

There being no objections, the Committee agreed that the undernoted application be granted subject to a risk assessment on the supply and provision of food being completed to the satisfaction of the Environmental Health Department.

(e) PUBLIC PROCESSION

There was submitted the undernoted notification for a public procession to be held on Saturday 28th June 2003.

In the case of this notification the Committee after hearing from a representative on behalf of the Lodge, the representative of Tayside Police and consideration of a letter of support tabled by the representative of the Lodge agreed that the public procession be held subject to the assembly point being moved to Brewery Lane and that the procession commence at 8.00 am on Saturday 28th June 2003.

(f) SECOND HAND DEALER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application No 1, there being no objections, the Committee agreed that the application be granted subject to a satisfactory inspection by Environmental Health Department.

In the case of application No 2, there being no objections, the Committee agreed that the application be granted.

(g) STREET TRADER - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application 1 and 2, there being no objections, the Committee agreed that the application be granted subject to the applicants meeting the requirements specified in anti-sectarian conditions and satisfactory inspection by the Trading Standards Department

In the case of application No 3, there being no objections, the Committee agreed that the application be granted and that the applicant be given an exemption to allow her to trade in the City Centre subject to the applicant displaying the required badge of identification at all times.

(h) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

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

(i) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of application Nos 1-6, there being no objections, the Committee agreed that the applications be granted.

In the case of application No 7, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of application Nos 8, 10 and 11, the Committee after noting that the applicants had failed to pass the street test within the prescribed period agreed that the applications be refused.

In the case of application No 9, the Committee after hearing an agent on behalf of the applicant agreed that the application be withdrawn from consideration.

(j) STREET TRADER - RENEWALS

On a reference to para III(c) of minute of 7th November 2002 there was submitted the undernoted application:-

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

(k) TAXI LICENCE - NEW APPLICATIONS

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

(l) PERFORMING ANIMALS (REGULATIONS) ACT, 1925 - APPLICATION FOR REGISTRATION

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

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

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

The Committee gave consideration to a letter of representation which had been submitted to the Chief Constable relative to this application.

Thereafter, having heard an agent on behalf of the application, the Committee agreed that the application be granted.

(ii) There was submitted an application by Mr J H 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. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constable's Representative as their age and nature, the Committee agreed that they be considered since justice could not otherwise be done.

Thereafter, having heard the application on his own behalf, the Committee agreed that the application be refused.

(iii) There was submitted an application by Mr R P 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 until the meeting of the Licensing Committee to be held in September 2003.

(iv) There was submitted an application by Mr L C 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. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constable's Representative as to their age and nature, the Committee agreed that they not be considered.

Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be refused.

(b) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr J B for a Window Cleaner's Licence.

The Committee after being advised that the applicant was not present agreed that the application be deferred to a future meeting of the Committee to allow the applicant to be present.

(ii) There was submitted an application by Mr S D for a Window Cleaner'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 for a period of one year subject to the applicant adhering to the condition that required identification be displayed and worn at all times.

(c) SUSPENSION HEARING - TAXI LICENCE

On a reference to Article I of minute of meeting of the Immediate Suspension Hearing Sub-Committee of 24th April 2003 there was submitted a letter of complaint by the Chief Constable relative to the alleged conduct of Mr C H during the currency of his Taxi Driver's Licence.

The Clerk advised the Committee that Mr C H had failed to renew his application for a Taxi Licence and that as such he was no longer the holder of a Taxi Licence. The Committee noted the position and that there was no requirement for further action to be taken.

(d) IMMEDIATE SUSPENSION HEARING - TAXI DRIVERS LICENCE

The Convener agreed that the undernoted item of business be considered in terms of Standing Order 52(3)(b) and in view of the timescales.

There was submitted a letter of complaint by the Chief Constable relative to the alleged conduct of Mr J P during the currency of his Taxi Driver's Licence.

The Committee agreed that the Taxi Driver's Licence held by Mr J P be suspended with immediate effect and that a suspension hearing be convened at a future date.

BRUCE MACKIE, Convener