Licensing Committee - 06/11/2003
At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th November, 2003.
Present:-
Lord Provost John R LETFORD
BAILIES
John CORRIGAN |
Bruce D MACKIE |
Neil I C POWRIE |
COUNCILLORS
George REGAN |
Helen DICK |
Elizabeth F FORDYCE |
Fiona M GRANT |
Jim BARRIE |
Charles A WEBSTER |
Bailie MACKIE, Convener, in the Chair.
The minute of meeting of this Committee of 2nd October, 2003 was held as read.
Unless marked thus * all items stand delegated.
I MINUTE OF MEETING OF LICENSING SUB-COMMITTEE OF 21ST OCTOBER, 2003
The minute of meeting of the Licensing Sub-Committee of 21st October, 2003 was submitted and noted for record purposes, a copy of which is attached at Appendix I.
II MINUTE OF MEETING OF TAXI LIAISON GROUP OF 22ND OCTOBER, 2003
The minute of meeting of the Taxi Liaison Group of 22nd October, 2003 was submitted and approved, a copy of which is attached at Appendix II.
III CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) HOUSES IN MULTIPLE OCCUPATION
(i) New Applications
There were submitted the undernoted applications:-
No |
Name of Applicant |
Address of Premises
|
1 |
Elaine Theaker |
275 Hawkhill (top right flat) |
2 |
Judith Rogers |
63D Magdalen Yard Road |
3 |
Gillian MacRae |
29 Rosefield Street |
4 |
Nigel McCoubry |
1 Bellefield Avenue (2/1) |
5 |
Ms E F MacPherson |
35a Milnbank Road |
6 |
Z D Limited |
33 Commercial Street |
7 |
Mrs A Gani |
13 St Peter Street |
8 |
Inchbrayock Properties Limited |
13 St Peter Street |
9 |
Y D Limited |
5 Bellefield Avenue (1/R) |
10 |
Mrs M Aziz |
84 Peddie Street, (top floor) |
11 |
Z D Limited |
33 Commercial Street (3rd middle) |
12 |
Mrs A Daud |
8 Cleghorn Street (1st floor) |
13 |
The Seran Children Trust |
69 Constitution Road (flat 6) |
14 |
Z D Limited |
33 Commercial Street (5th middle) |
15 |
Mr Peter Marr |
1a Constitution Street |
No |
Name of Applicant |
Address of Premises
|
16 |
Mr I Jamal |
46 Thomson Street |
17 |
Mr D Brown |
32 Castle Street (3rd floor right) |
18 |
Mr D Brown |
32 Castle Street (3rd floor left) |
19 |
Quality Assured Property Maintenance Ltd |
10 Garland Place |
20 |
Quality Assured Property Maintenance Ltd |
48 Union Street (2/1) |
21 |
Quality Assured Property Maintenance Ltd |
275 Hawkhill (flat 6) |
22 |
Quality Assured Property Maintenance Ltd |
48 Union Street (3/1) |
23 |
S & M Boden (Properties) |
8 Garland Place (flat 2) |
24 |
Mr J Stewart |
12e Forest Park Road |
25 |
Mr Cabrelli & Mr Leddie |
95 Magdalen Yard Road |
26 |
Mr A McDonald |
68 Peddie Street (3/0) |
27 |
Mr A McDonald |
68 Peddie Street (1/0) |
28 |
Mr A McDonald |
68 Peddie Street (2/0) |
29 |
Mr and Mrs Ewart |
177 Blackness Road (1/1) |
30 |
Mrs A E Drayson |
1 Rustic Place (3/1) |
31 |
Mrs P A Stuart |
12 Dock Street (2/1) |
32 |
G & P Properties |
43 Union Street (2/2) |
In the case of Application Nos 1 to 4, there being no objections, the Committee agreed that the applications be granted.
In the case of Application Nos 5 to 32, the Committee agreed that consideration of these applications be deferred to a future meeting.
(ii) HMO Licence - Request for Variation
On a reference to Article IV(a) of the minute of meeting of the Licensing Committee of 26th June, 2003, wherein Mrs D Thomas was granted an HMO licence in respect of 54 Seafield Road (2/2).
There was submitted Agenda Note AN486-2003 reporting that Mrs Thomas had requested that the terms of the licence be varied to that of a house in multiple occupation for four persons.
The Committee agreed to the request from Mrs Thomas that the terms of the licence be varied and that the licence be granted until 30th September, 2005.
(b) LATE HOURS CATERING LICENCE - RENEWALS
There were submitted the undernoted applications:-
No |
Name |
Address of Premises |
Hours of Opening
|
1 |
Nilufa Yasmin |
67 Perth Road |
11 am to 2 am 7 days a week |
2 |
Nour-Eddine Ziliaoui |
226A Strathmartine Road (Casablanca) |
11 am to 1am, 7 days a week |
3 |
Nour-Eddine Ziliaoui |
7 Panmure Street (Casa Express) |
11 pm to 4 am, 7 days a week |
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 Application No 2, the Committee, after hearing a representative of the applicant and the applicant on their own behalf and the comments of the Environmental Health Officer, agreed that the application be granted until 31st December, 2003 subject to satisfactory inspections by the Environmental Health Department.
In the case of Application No 3, the Committee, after noting that the hours of opening applied for were 11 pm to 1 am, seven days a week and after hearing a representative on behalf of the applicant and consideration of the comments of the Environmental Health Officer agreed that the application be granted until 31st December, 2003 subject to the satisfactory inspections by the Environmental Health Department.
(c) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
No |
Name |
Address of Premises |
Purpose (including dates)
|
1 |
Henry Horne |
City Square |
Carnival rides, family roller coaster, children's carousel from 29.11.03 to 31.12.03.
|
2 |
Charles Horne |
City Centre |
Funfair from Wednesday 31.12.03 to 03.01.04 from 10 am to 9.30 pm daily. |
The Lord Provost declared a non-financial interest in Application No 1.
In the case of Application No 1, the Committee agreed that consideration of this application be deferred to a future meeting of the Committee.
In the case of Application No 2, the Committee, after hearing the applicant on their own behalf, agreed that the application be granted subject to conditions.
(d) PRIVATE HIRE LICENCE
There were submitted the undernoted applications:-
(i) New Applications
No |
Name |
1 |
Henry J Cruickshank |
2 |
Michael Gallacher |
3 |
Alexander Glen |
4 |
Douglas Kempton |
In the case of Application Nos 1, 2 and 4, there being no objections, the Committee agreed that the applications be granted.
In the case of Application No 3, the Committee agreed that consideration of this application be deferred to a future meeting of the Committee.
(ii) Private Hire Vehicles (Carriage Of Guide Dogs Etc) Act 2002
The Private Hire Car Driver's Licences (Carriage Of Guide Dogs And Hearing Dogs) (Scotland) Regulations
There was submitted Agenda Note AN487-2003 reporting that a consultation document had been issued by the Scottish Executive prior to the proposed implementation of the above regulations in April, 2004.
The regulations would place a similar duty on licensed private hire car drivers to that imposed on licensed taxi drivers ie to carry guide dogs, hearing dogs and also dogs accompanying people with disabilities and that they do so without charge.
The Committee:-
(i) welcomed the introduction of the regulations;
(ii) remitted to the Depute Chief Executive (Support Services) to amend the standard conditions of the licence to include any prescribed conditions contained in the regulations and to vary conditions of existing private hire car licences and private hire car driving licences to include any prescribed condition; and
(iii) noted that amendments and variations to licences would not take effect until the regulations became effective.
(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
No |
Name |
1 |
Michael Bruhn |
2 |
Lee Bunce |
3 |
Helen Garty |
4 |
John Gerrard |
5 |
Murray Grant |
6 |
James McKenzie |
7 |
George W Milne |
8 |
Paul Morris |
9 |
Iain Mudie |
10 |
Charles Sandeman |
11 |
Bruce Williamson |
12 |
Peter M Yeaman |
13 |
Kenneth Grant |
14 |
Gerald Maguire |
15 |
Dean Robertson |
16 |
Irene R Wright |
In the case of Application Nos 1 to 12, there being no objections, the Committee agreed that the applications be granted.
In the case of Application No 13, the Committee noted that this application had been withdrawn from consideration by the applicant.
In the case of Application Nos 14 and 15, the Committee noted that the applicants had failed to pass the street test in the prescribed period and agreed that the applications be refused.
In the case of Application No 16, the Committee noted that the applicant had failed to pass the street test after three attempts and agreed that the application be refused.
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.
IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) PRIVATE HIRE OPERATOR'S LICENCE - NEW APPLICATION
There was submitted an application by Mr S P for a Private Hire Operator's Licence.
The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application.
Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that the application be refused.
(b) SECOND HAND DEALER'S LICENCE - NEW APPLICATION
There was submitted an application by M Ltd for a Second Hand Dealer's Licence.
The Committee, having heard a representative on behalf of the applicants and consideration of the comments of a representative of Tayside Police agreed that the application be granted.
(c) TAXI DRIVER'S LICENCE - RENEWALS
(i) There was submitted an application by Mr G P for renewal of his Taxi Driver's Licence.
The Committee, after being advised that the applicant was not present, agreed that the application be considered in their absence. Thereafter, it was agreed that the application be refused.
(ii) There was submitted an application by Mr R P for renewal of his Taxi Driver's Licence.
The Committee, after being advised that the applicant was not present, agreed that the application be considered in their absence. Thereafter, it was agreed that the application be refused.
(iii) There was submitted and application by Mr D R for renewal of his Taxi Driver's Licence.
The Committee after being advised that the applicant was not present, agreed that the application be considered in their absence. Thereafter, it was agreed that the application be refused.
(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
(i) There was submitted an application by Mr G 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.
Thereafter, having heard the applicant on their own behalf, the Committee agreed that the application be granted.
(ii) There was submitted an application Mr R C for a Taxi Driver's Licence.
The Committee gave consideration to a letter of representation which had been submitted by Tayside Police and a letter of support which had been submitted by the applicant.
Thereafter, having heard the applicant on their own behalf, the Convener, Bailie Mackie, seconded by Councillor Fordyce moved that the application be refused.
As an amendment, Councillor Grant, seconded by Councillor Regan moved that the applicant be granted.
On a division there voted for the motion - Bailie Mackie, Bailie Corrigan, Councillor Fordyce, Bailie Powrie and Councillor Webster (5); and for the amendment - Councillors, Regan, Grant, Dick and Barrie (4) - the Lord Provost being absent at the time the vote was taken, whereupon the motion was declared carried and the application was refused.
(iii) There was submitted an application by Mr M I for a Taxi Driver's Licence.
The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application.
Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that the application be refused.
(iv) There was submitted an application by Mr I M 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.
(v) There was submitted an application by Mr J S for a Taxi Driver's Licence.
The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relative to this application.
Thereafter, the Committee, having heard the applicant on their own behalf agreed that the application be granted for a period of one year.
(vi) On a reference to Article III(e)(vi) of minute of meeting of Licensing Committee of 7th November 202 there was submitted an application by Mr S M for a Taxi Driver's Licence.
The Committee noted that this application had been referred back to the Committee for consideration by the Sheriff and after hearing an agent on behalf of the applicant and the comments of a representative of Tayside Police, agreed that the application be granted.
(e) TAXI DRIVER'S LICENCE - MEDICAL CERTIFICATION/REQUEST FOR MEDICAL
There was submitted Agenda Note AN488-2003 and Agenda Note AN489-2003 reporting that licence holders Mr M C and Mr N McL had been sent for medicals as a result of recent illnesses and requesting that licence holder Mr G S be asked to attend for a medical.
The Committee gave consideration to medical reports in relation to these individuals and thereafter agreed:-.
(i) that fitness for driving be determined against Group 2 - Public Services Licences' conditions for any taxi driver.
(ii) that both Mr M C and Mr N McL be suspended immediately under paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982 and that suspension hearings under paragraph 11 of the said Schedule be held within six weeks; and
(iii) that licence holder Mr G S be asked to attend for a medical.
(f) WINDOW CLEANERS - NEW APPLICATION
There was submitted an application by Mr P G for a Window Cleaner's Licence.
The Committee agreed that consideration of this application be deferred to a future meeting of the Committee.
BRUCE D MACKIE, Convener.