Licensing Committee - 05/09/2002

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th September, 2002.

Present:-

COUNCILLORS

Councillor Regan, Convener, in the Chair.

The minute of meeting of this Committee of 19th August, 2002 was held as read.

Unless marked thus * all items stand delegated.

I MEMBERSHIP OF COMMITTEE

There was submitted Agenda Note AN201-2002 by the Director of Support Services advising that following the resignation of Councillor Petrie from the SNP Group there was a vacancy on the Committee which would be required to be filled by the SNP Group and that in terms of Standing Order No 44(2) the change would have effect from the next meeting of the Committee.

The members of the SNP Group present at the meeting notified the Committee that the vacancy would be filled by Councillor Willie Sawers.

II TAXI TESTS

On a reference to Article II of the minute of meeting of the Taxi Liaison Group of 14th March 2002 wherein it was agreed that consideration be given to identifying minor defects resulting in a test failure for which a retest fee would not be levied. There was submitted Agenda Note AN211-2002 advising that following a meeting with the DTA it was recommended that no retest fee be levied for any of the following, subject to there being no more than three defects found at the time of test:-

l Defective lamp (including roof sign)

l Defective horn

l Defective wiper blade

l Defective registration plate

l Missing mud flap

l Missing wheel trim.

The Committee agreed that no retest fee be levied subject to there being no more than three of the above defects being found at the time of the test.

III LOTTERIES AND AMUSEMENTS ACT 1976

(a) APPLICATIONS FOR PERMITS FOR AMUSEMENTS WITH PRIZES - NEW

There was submitted the undernoted applications:-

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

In the case of application No 3, the Committee decided that the request from the applicant for a deputation be refused and agreed that the consideration of this item be deferred to a future meeting pending the outcome of the application for planning approval.

(b) APPLICATION FOR PERMIT FOR AMUSEMENTS WITH PRIZES - RENEWAL

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

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There was submitted the undernoted applications:-

In the case of applications Nos 1-13, the Committee agreed that they be deferred to a future meeting for consideration.

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

(b) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

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

(c) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

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

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

(e) STREET TRADER'S LICENCE - NEW APPLICATIONS

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

(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted the undernoted applications:-

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

In the case of applications Nos 12, 14 and 15 the Committee, after noting that the applicants had failed to pass the Street Knowledge Test within the prescribed time period, agreed that the applications be refused.

In the case of applications Nos 13 and 16 the Committee noted that these applications had been withdrawn from consideration by the applicants.

(g) TAXI LICENCES - NEW APPLICATIONS

Prior to consideration of the undernoted items the Clerk advised the Committee that those applications submitted for consideration had been listed chronologically in the order they had been received. The Clerk also advised the Committee and the applicants present that should their application or applications be refused no refund of the fee would be given and that if any applicant wished to withdraw their application and seek a refund of the fee they should intimate such to Committee prior to consideration of their application. The Committee also heard from the Legal Officer in relation to the policy on the granting of Taxi Licences by the Council.

There were submitted the undernoted applications:-

In the case of applications Nos 1, 6, 9, 10, 15 and 17 the Committee, after noting that the applicants were not present, agreed that consideration of these items be deferred to a future meeting to allow the applicants to be present.

In the case of application No 2 the Committee, after receiving confirmation on behalf of the applicant that all 71 applications submitted be considered in block by the Committee and after hearing an agent on behalf of the objectors, representatives on behalf of the applicant and on receipt of advice from the Legal Officer, agreed that the decision be made by the calling of the roll of those members present. The Convener announced that the vote should be whether to grant or reject the applications submitted. On a calling of the roll, the Convener, Councillor Letford, Councillor Grant, Councillor Ward, Councillor Wright, Councillor Beattie, Councillor Dawson, Councillor Mackie and Councillor Powrie agreed that all 71 applications be refused.

In the case of applications Nos 3, 4, 5, 7, 8, 11, 12, 13, 14, 16, 18, 19, 20, 21 and 22 the Committee noted that these applications had been withdrawn from consideration by the applicants and agreed that the applicants receive a refund of the application fees.

(h) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

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

PART II - CONFIDENTIAL ITEMS

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 7(A) to the above Act.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr A T for a Taxi Driver's Licence.

Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be granted subject to the completion of a medical examination to the satisfaction of the Council Doctor.

There was submitted an application by Ms E D for a Taxi Driver's Licence which had been deferred from the meeting of 27th June, 2002 to allow further investigation of a spent conviction which had been refuted by the applicant.

The Committee, after receiving confirmation from the Chief Constable that the authority responsible for maintaining criminal records were not in a position to confirm the veracity of the conviction and that it was in the process of being removed from the applicant's record and consideration of an objection which had been submitted by the Chief Constable and after hearing an agent on behalf of the applicant, agreed that the application be granted.

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

The Committee agreed that consideration of this application be deferred to allow the applicant to secure legal representation.

There was submitted an application by Mr D H 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 the applicant on his own behalf, the Committee agreed that the application be granted.

(b) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

There was submitted an application by Mr I N for a Late Hours Catering 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, having heard the applicant on his own behalf, the Committee agreed that the application be refused.

(c) STREET TRADER'S LICENCE - NEW APPLICATION

There was submitted an application by Ms Y C for a Street Trader's Licence.

The Committee agreed that consideration of this application be deferred to a future meeting to allow the applicant to secure legal representation.

GEORGE REGAN, Convener.