Licensing Committee - 07/03/2002

At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th March, 2002.

Present:-

COUNCILLORS

Councillor REGAN, Convener, in the Chair.

The minute of meeting of this Committee of 7th February, 2002 was held as read.

Unless marked thus * all items stand delegated.

I MEMBERSHIP OF COMMITTEE

Reference was made to Article V of the meeting of the City Council of 13th May, 1999 wherein it was agreed that six members of the Majority Group, four members of the Major Opposition Group and two members of the Minority Group be appointed to serve on the Licensing Committee.

Following the resignation of Councillor Rolfe this position required to be filled by a member of the Majority Group.

It was agreed by the Committee that Councillor Ward would fill the vacancy.

II CIVIC GOVERNMENT (SCOTLAND) ACT, 1982

(a) REQUESTS FOR VARIATION

In the case of request No. 1 by James Anderson, the Committee were informed that the application was invalid.

In the case of request No. 2 by Ronald Adamson, the Committee agreed to refuse request for variation.

In the case of request No. 3 by Ian Honeyman, the Committee agreed to grant the request for a variation to allow the applicant to wear training shoes whilst driving a taxi.

In the case of request No. 4 by Robert Simpson, the Committee agreed to refuse request for variation.

In the case of request No. 5 by Alan E Masterton, the Committee agreed to grant the request for a variation for an extension to the period permitted (28 days) in order for a new vehicle to be purchased.

(b) GAME DEALER'S LICENCE

There being no objections the Committee granted the undernoted application:-

(c) HOUSES IN MULTIPLE OCCUPATION

There were submitted the undernoted applications:-

In the case of application No. 2 by Alistair Haxton in respect of 8a Westfield Place, the Committee agreed to grant the application subject to conditions specified by the Private Sector Grants Unit.

In the case of application No. 3 by Alistair Haxton in respect of 8 Westfield Place, the Committee agreed to grant the application subject to conditions specified by the Private Sector Grants Unit.

In the case of application No. 4 by Audrey Blair in respect of AUJ House, 17A Nelson Street the Committee agreed to grant the application for a period of three months, subject to conditions specified by the Private Sector Grants Unit, Building Control and Tayside Fire Brigade.

In the case of application No. 5 by the Salvation Army in respect of premises at Clement Park Place, the Committee agreed to grant the application subject to conditions specified by the Private Sector Grants Unit, Building Control and Tayside Fire Brigade.

In the case of application No. 6 by James Manson in respect of premises at 291 Perth Road, the Committee agreed to grant the application subject to conditions specified by the Private Sector Grants Unit.

In the case of application No. 7 by Dundee City Council in respect of premises at 105 Ann Street, the Committee agreed to grant the application subject to conditions specified by the Private Sector Grants Unit, Building Control and Tayside Fire Brigade.

In the case of application No. 8 by Ann V Banks in respect of premises at 4 Laurelbank, the Committee, having heard from the applicant on her own behalf, taken into account written objections from members of the public and from an officer from the Private Sector Grants Unit, agreed to grant the application for a period of three months subject to conditions specified by the Private Sector Grants Unit.

There being no other objections the Committee agreed to grant the remaining application.

(d) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS

The were submitted the undernoted applications:-

In the case of applications Nos. 2 and 3 by Charles Horne, the Committee having heard from the applicant on his own behalf, agreed to grant the applications subject to the applicant monitoring noise levels.

In the case of applications Nos. 4 and 5 by Charles Horne, the Committee having heard from the applicant on his own behalf, agreed to grant the applications subject to conditions recommended by Tayside Police.

There being no further objections the Committee granted the remaining application.

(e) PUBLIC PROCESSION

There was submitted the undernoted application:-

City of Dundee Campsie Club, Apprentice Boys of Derry, c/o Adams

Parade - 6 April, 2002.

The Committee, having heard from a representative on behalf of the applicant and a representative of Tayside Police, agreed to refuse the application.

(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

The were submitted the undernoted applications:-

In the case of applications Nos. 3, 4 and 5 the Committee noted that the applicants had failed to pass the Street Knowledge Test within the prescribed period and agreed to refuse the applications.

In the case of application No. 6 the Committee noted that the applicant had failed to pass the Street Knowledge Test for the third time and agreed to refuse the application.

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

(g) PRIVATE HIRE LICENCE - NEW APPLICATIONS

There being no objections the Committee granted the undernoted applications:-

(h) TAXI LICENCE

There were submitted the undernoted applications:-

In the case of application No.1 by Brian McGarrity, the Committee noted that the objection from Dundee Taxi Association had been withdrawn and agreed to grant the application.

In the case of application No. 2 by Brian Donaldson, the Committee having heard from the applicant on his own behalf and taken into consideration an objection from Dundee Taxi Association, agreed to refuse the application.

(i) SUSPENSION HEARING - TAXI LICENCE

The Committee having heard from the Plant and Vehicle Officer and the applicant on his own behalf, agreed to take no action.

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 they would involved 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) METAL DEALER'S LICENCE - RENEWAL

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

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

Thereafter, having heard from the applicant on his own behalf, the Committee agreed to grant the application.

(b) SECOND HAND DEALER'S LICENCE - RENEWAL

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

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

Thereafter, having heard from the applicant on his own behalf the Committee agreed to grant the application.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr RAF for a Taxi Driver's Licence.

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

Thereafter, having heard from an agent on behalf of the applicant the Committee noted that the application had been withdrawn.

(d) PRIVATE HIRE LICENCE - NEW APPLICATION

There was submitted an application by Mr JK for a Private Hire Licence.

The Committee gave consideration to a 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 they may be considered since justice could not otherwise be done.

Thereafter, having heard from a representative on behalf of the applicant the Committee agreed to refuse the application.

(e) SUSPENSION HEARINGS - TAXI DRIVERS

There was submitted a letter from the Chief Constable relative to the conduct of Mr RC during the currency of his Taxi Driver's Licence.

Thereafter, having heard from the applicant on his own behalf the Committee agreed that the suspension be continued for two months.

There was submitted a letter from the Chief Constable relative to the conduct of Mr JF during the currency of his Taxi Driver's Licence.

Thereafter, the Committee agreed to defer the matter.

There was submitted a letter from the Chief Constable relative to the conduct of Mr HF during the currency of his Taxi Driver's Licence.

Thereafter, having heard from an agent on behalf of the applicant the Committee agreed to take no action.

There was submitted a letter from the Chief Constable relative to the conduct of Mr DMc during the currency of his Taxi Driver's Licence.

Thereafter, having heard from the applicant on his own behalf the Committee agreed to take no action but issued a severe warning as to his future conduct.

There was submitted a letter from the Chief Constable relative to the conduct of Mr DM during the currency of his Taxi Driver's Licence.

Thereafter, the Committee agreed to suspend the unexpired portion of his licence.

There was submitted a letter from the Chief Constable relative to the conduct of Mr DJR during the currency of his Taxi Driver's Licence.

Thereafter, having heard from a representative on behalf of the applicant the Committee agreed that no action be taken.

There was submitted a letter from the Chief Constable relative to the conduct of Mr BS during the currency of his Taxi Driver's Licence.

Thereafter, the Committee agreed to defer the matter.

There was submitted a letter from the Chief Constable relative to the conduct of Mr IS during the currency of his Taxi Driver's Licence.

Thereafter, having heard from the applicant on his own behalf the Committee agreed to take no action.

There was submitted a letter from the Chief Constable relative to the conduct of Mr BW during the currency of his Taxi Driver's Licence.

Thereafter, having heard from the applicant on his own behalf the Committee agreed to take no action.

There was submitted a letter from the Chief Constable relative to the conduct of Mr AW during the currency of his Taxi Driver's Licence.

Thereafter, having heard from the applicant on his own behalf the Committee agreed to take no action.

GEORGE REGAN, Convener.