Licensing Committee - 04/12/2003

At a MEETING of the LICENSING COMMITTEE held at Dundee on 4th December 2003.

Present:-

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 20th November 2003 was held as read.

Unless marked thus * all items stand delegated.

I USE OF CENTRAL AREA - HOGMANAY STALLS

There being no objections, the Committee agreed that the undernoted requests to site stalls in the Central Area on 31st December 2003 be granted:-

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 and 2, there being no objections, the Committee agreed that the applications be granted.

In the case of Application No 3, the Committee, after hearing the applicant on his own behalf, noted that the application had been withdrawn by the applicant.

In the case of Application No 4, the Committee after noting that the applicant was not present, agreed that the application be considered in their absence and after hearing the Private Sector Grants Housing Officer and the Clerk, agreed that the application be refused.

In the case of Application Nos 5 - 34, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) LATE HOURS' CATERING LICENCE - NEW APPLICATIONS

There being objections, the Committee agreed that the undernoted applications be granted until 31st December, 2003:-

(c) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATION

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

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

(d) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(e) ACCESSIBLE VEHICLES

On a reference to Article I(a) of the minute of meeting of the Committee of 20th November 2003, it was recommended that the following vehicles comprise the list of accessible vehicles. Details of manufacturers were included where available. Approval for any other types of vehicles would be sought as and when required.

The Committee agreed that the above vehicles form the list of accessible vehicles and that approval for any other types of vehicles to be included on the list be sought as and when required.

The Committee noted the assessment procedure for accessible vehicles as outlined by the Clerk and that consultation would be undertaken with current licence holders and applicants.

(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application Nos 1 11, there being no objections, the Committee agreed that the applications be granted.

In the case of Application Nos 12 14, the Committee after noting that the applicants had failed to pass the street test in the prescribed period, agreed that the applications be refused.

In the case of Application No 15, the Committee noted that this application had been withdrawn from consideration by the applicant.

(g) TAXI LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

The Committee noted that objections had been lodged by the Dundee Taxi Association to the above applications.

The Committee, after hearing the representative of Dundee Taxi Association in relation to the objections and the advice of the Clerk, agreed that the objections be considered irrelevant.

In the case of Application No 1, the Committee after hearing from the applicant, noted that the application had been withdrawn from consideration.

In the case of Application Nos 2, 3 and 4, the Committee after hearing the applicants on their own behalf and having been assured that the applicants understood the conditions in relation to the new policy and that they would put in service an accessible vehicle, agreed that the applications be granted.

In the case of Application No 5, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Application No 6, the Committee agreed that the application be deferred to a future meeting of the Committee for consideration.

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

There were submitted the undernoted applications:-

In the case of Application No 1, the Committee after being advised that the address of the premises should be Unit 57 of the Forum Centre and after noting that the applicant was not present, agreed that the application be considered in their absence.

Thereafter, there being no objections, the Committee agreed that the application be granted.

In the case of Application Nos 2 and 3, the Committee, after hearing a representative on behalf of the applicants and there being no objections, agreed that the applications be granted.

In the case of Application No 4, there being no objections, the Committee agreed that the application be granted.

(h) STREET TRADER'S LICENCE - NEW APPLICATIONS

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

(i) WINDOW CLEANER'S LICENCE - NEW APPLICATION

There being no objections, the Committee agreed that the undernoted 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 I of Schedule 7A to the above Act.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI LICENCE - NEW APPLICATION

There was submitted an application by Mr T C for a Taxi Licence.

The Committee, after hearing the applicant on his own behalf, the advice of the Clerk and the advice of the Legal Officer, agreed that there were exceptional circumstances in relation to this application based on inadvertence in not renewing the application in time and agreed that the application be granted without the condition that the applicant had to place in service an accessible vehicle.

(b) METAL DEALERS - NEW APPLICATION

There was submitted an application by Mr W P for a Metal Dealer's Licence.

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

Thereafter the Committee, after hearing an agent on behalf of the applicant and being given assurances that the father of the applicant would have no involvement in the operation of the licence and the advice of the Clerk, agreed that the application be granted.

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

There was submitted an application by Mr W P for a Second Hand Dealer's Licence.

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

Thereafter, the Committee, having heard an agent on behalf of the applicant and being given assurances that his father should have no involvement in the operation of the licence, agreed that the application be granted.

(d) STREET TRADER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr R N for a Street Trader's Licence.

Thereafter, having heard an agent on behalf of the applicant and consideration of an unsigned letter of support, which had been tabled on the applicant's behalf and having heard the advice of the Clerk and Tayside Police, the Committee agreed that the application be granted.

(e) WINDOW CLEANER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr A H 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. 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 be considered since justice could not otherwise be done.

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

IV TAXI DRIVER - SUSPENSION HEARINGS

(i) There was submitted a report by the Council's doctor relative to the fitness of Mr M C to be the holder of a Taxi Driver's Licence.

Thereafter, the Committee, after having heard the licence holder on his own behalf, agreed that the suspension be continued until May 2004 at which time a further medical examination should be undertaken by the Council's doctor.

(ii) There was submitted a letter of complaint by the Chief Constable relative to the alleged conduct of Mr M F during the currency of his Taxi Driver's Licence.

The Committee, after being advised that the licence holder was not present, agreed that the complaint be considered in his absence.

Thereafter, the Committee agreed to continue the suspension for the unexpired portion of the licence.

(iii) There was submitted a report by the Council's doctor in relation to the fitness of Mr N McL to be the holder of a Taxi Driver's Licence.

The Committee, after being advised that the licence holder was not present, agreed that the matter be considered in his absence and after consideration of the report, agreed that the suspension be continued until July 2004.

(iv) There was submitted a complaint by the Chief Constable relative to the conduct of Mr R S during the currency of his Taxi Driver's Licence.

Thereafter, the Committee, after hearing the licence holder on his own behalf and hearing the Chief Constable's representative, agreed that the licence be suspended with immediate effect for the unexpired portion of the licence.

(v) There was submitted a report by the Council's doctor in relation to the fitness of Mr M D to be the holder of a Taxi Driver's Licence.

The Committee, after noting that the licence holder was not present, agreed that the matter be considered in his absence and after hearing the Clerk and consideration of the report, agreed that the licence be suspended with immediate effect until January 2004.

The Convener agreed that the undernoted item of business be considered in terms of Standing Order No 17(b) and in view of the timescales.

There was tabled a letter in relation to the alleged fitness of Mr A A to be the holder of a Taxi Driver's Licence.

Thereafter, the Committee, having heard the Clerk in relation to this matter, agreed that Mr A A be asked to attend for a medical examination.

BRUCE D MACKIE, Convener.