Licensing Committee - 07/11/2002
At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th November, 2002.
Present:-
COUNCILLORS
|
Jill SHIMI |
John R LETFORD |
Andrew DAWSON |
|
Betty WARD |
George REGAN |
Bruce D MACKIE |
|
Fiona M GRANT |
Dave BEATTIE |
Allan PETRIE |
|
|
Willie SAWERS |
|
Councillor REGAN, Convener, in the Chair.
The minute of meeting of this Committee of 26th September, 2002 was held as read.
Unless marked thus * all items stand delegated.
I LOTTERIES AND AMUSEMENTS ACT 1976
(a) APPLICATIONS FOR PERMITS FOR AMUSEMENTS WITH PRIZES
There being no objections, the Committee agreed that the undernoted applications be granted.
|
No |
Name |
Address of Premises |
No of Machines
|
|
1 |
Douglas Martin |
97 Clepington Road (Tay Taxis) |
1
|
|
2 |
Colin Rattray |
31 South Ward Road (Fat Sams) |
2
|
|
3 |
John Stewart |
Unit G, Scotway, Pierce Avenue, Broughty Ferry (Broughty Taxis) |
1
|
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
Address of Premises
|
|
1 |
Ms G Clark |
2E Shaftesbury Place |
|
2 |
Mrs D Thomas |
54 Seafield Road |
|
3 |
Mr A Calder |
109 Pitkerro Road |
|
4 |
Mrs S Flack |
33 Bonnethill Place |
|
5 |
Ms J Anderson |
39 Taylor's Lane |
|
6 |
Mr M Devlin |
6 Seafield Road |
|
7 |
J & J Properties |
5 Bellefield Avenue |
|
8 |
J & J Properties |
48 Seafield Road |
|
9 |
J & J Properties |
324a Perth Road |
|
10 |
Westfield Place Developments |
12 Westfield Place |
|
11 |
Mr J Greig |
40 Union Street |
|
12 |
Mr H Williams |
30 Cleghorn Street |
|
13 |
Mr J Peebles |
40 Seafield Road |
|
14 |
T A Investments |
53 Taylor's Lane |
|
15 |
Mr A Gani |
48A Roseangle |
|
16 |
Y O Ltd |
10B Paton's Lane |
|
17 |
Y O Ltd |
378 Perth Road |
|
18 |
Y O Ltd |
388 Perth Road |
|
No |
Name |
Address of Premises
|
|
19 |
Heda Finance Ltd |
42A Thomson Street |
|
20 |
Mr N Edwards |
5 Blackness Avenue |
|
21 |
Mr P Watkin |
12 Dock Street |
|
22 |
Ms E Hynd |
27 Reform Street |
|
23 |
Mr Jamal |
94 Commercial Street (First Floor Flat) |
|
24 |
Mr Jamal |
94 Commercial Street (Second Floor Flat) |
|
25 |
Mr Jamal |
94 Commercial Street (Third Floor Flat) |
|
26 |
Stirling International Ltd |
16B Windsor Street |
|
27 |
Stirling International Ltd |
16 Union Place |
|
28 |
Mr Johnson |
5 Blackness Avenue |
|
29 |
Ms A McIntosh |
1 Tayfield Place |
|
30 |
Mr G MacNaughton and Mrs I MacNaughton |
6 Springfield |
In the case of Application Nos 1 - 22, the Committee agreed that they be deferred to a future meeting for consideration.
In the case of Application Nos 23 - 28 and 30, there being no objections, the Committee agreed that the applications be granted.
In the case of Application No 29 Committee noted that the objector was not present and after hearing the applicant on her own behalf, agreed that the application be granted.
(b) HOUSES IN MULTIPLE OCCUPATION - RENEWALS
There being no objections the Committee agreed that the undernoted applications be granted.
|
1 |
Mr Jamal |
85/87 Commercial Street (Third Floor Flat) |
|
2 |
Mr Jamal |
85/87 Commercial Street (Second Floor Flat) |
(c) LATE HOURS CATERING LICENCE - RENEWALS
There was submitted the undernoted application:-
|
No |
Name |
Address of Premises |
Hours of Opening
|
|
1 |
Rasha Dehia Al-Saffar |
117 Nethergate (Istanbul) |
From 11.00 pm to 3.00 am Sunday to Thursday and 11.00 pm to 4.00 am Fridays and Saturdays. |
In the case of this application, the Committee, after consideration of the comments of the Environmental Health Officer and hearing the applicant on their own behalf, agreed that the application be granted for a period of three months subject to the satisfactory inspection and monitoring by the Environmental Health Officer.
(d) LATE HOURS CATERING LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
|
Name |
Address of Premises |
Hours of Opening
|
|
|
1 |
Shahed A Mahmood |
119 Cheviot Crescent (Tartan Tandoori) |
11.00 pm to 1.00 am Monday to Sunday.
|
|
|
2 |
Ghuylam N Choudry |
196/198 King Street, Broughty Ferry (Papa Singhs) |
11.00 pm to 12 midnight Sunday to Thursday and 11.00 pm to 1.00 am Friday and Saturday.
|
|
|
3 |
Fuel Force Ltd |
Marketgait (Marketgait Filling Station)
|
24 hours a day. |
|
|
4 |
P Smith Fabian Sebastian Nonis
|
Kingsway West (Kingsway Circle Service Station) |
24 hours a day. |
|
|
5 |
P Smith Fabian Sebastian Nonis |
Forfar Road (Forfar Road Service Station)
|
24 hours a day. |
|
|
6 |
Ms P Rafiq |
200-202 Clepington Road (Khan Balti House) |
11.00 pm to 12 midnight Sunday to Thursday and 11.00 pm to 2.00 am Friday and Saturday.
|
|
|
7 |
Mohammed J Uddin |
69 Albert Street (Gulsnan) |
11.00 pm to 12.30 am Sunday to Thursday and 11.00 pm to 3.00 am Friday and Saturday. |
|
In the case of Application Nos 1, 3, 4, 5 and 7, there being no objections, the Committee agreed that the applications be granted.
In the case of Application No 2, the Committee noted that the objectors were not present and after consideration of the comments of the Environmental Health Officer and hearing the applicant on their own behalf, agreed that the application be granted for the period to 31st May, 2003 subject to the conditions of Environmental Health.
In the case of Application No 6, the Committee noted that this application had been withdrawn by the applicant.
(e) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS
The Lord Provost declared an interest prior to consideration of Application No 2 and took no part in the discussion thereafter.
There were submitted the undernoted applications:-
|
No |
Name |
Address of Premises |
Purpose (including dates)
|
|
1 |
Mr C Horne |
City Centre |
Carnival (31st December, 2002 to 2nd January, 2003). (Appendix 5).
|
|
No |
Name |
Address of Premises |
Purpose (including dates)
|
|
2 |
Mr H Horne |
City Centre |
Children's Rides in City Centre (28th November, 2002 to 31st December, 2002).
|
|
3 |
Ms Mary Laird |
Social Work Department Balmerino Road |
Social Evenings. |
In the case of Application No 1, the Committee noted that the objectors were not present and after hearing the applicant on his own behalf, agreed that the application be granted subject to the conditions of Environmental Health.
In the case of Application No 2, the Committee, after hearing from the objectors and the applicant on his own behalf, agreed that the application be granted subject to conditions about the type and number of carnival rides and the commencement date be amended to 15th December, 2002.
In the case of Application No 3, the Committee noted that this application had been withdrawn by the applicant.
(f) PRIVATE HIRE LICENCE - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted application be granted.
|
No |
Name
|
|
1 |
John J Alexander |
(g) SECOND HAND DEALER'S LICENCE - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted.
|
No |
Name |
Address of Premises |
Type of Goods
|
|
1 |
Alba Music |
Units 47 and 52 Forum Centre (Alba Music) |
Videos, Cassettes, Compact Disks, Music Cassettes and Books.
|
|
2 |
Isobel Bone |
65 Scott Street |
China and Pottery new and second hand.
|
|
3 |
Andrew S Hart |
23/25 Milnbank Road (Andrew Hart Motorcycles) |
Motor Cycles, Scooters and Mopeds. |
(h) STREET TRADER'S LICENCE - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted application be granted.
|
No |
Name |
Goods
|
|
1 |
Stephen A G Kelly |
Ice-Cream van with hotdogs and burgers. |
(i) WINDOW CLEANER'S LICENCE - RENEWALS
There being no objections, the Committee agreed that the undernoted applications be granted.
|
No |
Name
|
|
1 |
Graham Adam |
|
2 |
Mandy Mitchell |
|
3 |
Gordon Norrie |
(j) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted.
|
No |
Name
|
|
1 |
David Brown |
|
2 |
Ian F Davie |
(k) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name
|
|
1 |
John J Alexander |
|
2 |
Mark Bennett |
|
3 |
Graeme Dolan |
|
4 |
William Gillespie |
|
5 |
Bruce Herd |
|
6 |
Ian McHugh |
|
7 |
Kevin Moore |
|
8 |
Paul Smith |
|
9 |
Colin McL Armstrong |
|
10 |
William Soutar |
In the case of Application Nos 1 - 8, there being no objections, the Committee agreed that the applications be granted.
In the case of Application Nos 9 and 10, 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.
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 1 of Schedule 7A to the above Act.
III CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) MARKET OPERATOR'S LICENCE - RENEWAL
There was submitted an application by J C for renewal of a Market Operator's Licence.
The Committee noted that the objectors were not present and after having heard an agent on behalf of the applicant, the Committee agreed that the application be granted.
(b) LATE HOURS CATERING LICENCE - NEW APPLICATIONS
Councillor George Regan declared an interest in this item and left the room during consideration whereupon the Chair was taken by Councillor Fiona Grant.
(i) There was submitted an application by Mr N B for a Late Hours Catering Licence.
The Committee gave consideration to a 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.
Councillor George Regan re-entered the room prior to consideration of this item and resumed the Chair.
(ii) There was submitted an application by Mr S S for a Late Hours Catering Licence.
The Committee gave consideration to an 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 refused.
(c) STREET TRADER'S LICENCE
There was submitted an application by Ms Y C for a Street Trader's Licence.
The Committee gave consideration to a representation which had been submitted by the Chief Constable relative to this application.
Thereafter, having heard an agent on behalf of the applicant and consideration of letters of support which were tabled by the agent, the Committee agreed that the application be granted for a period of six months.
(d) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS
(i) There was submitted an application by Mr J B for a Window Cleaner's Licence.
The Committee gave consideration to a 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.
Councillor George Regan declared an interest in this item and vacated the room prior to its consideration whereupon the Chair was taken by Councillor Fiona Grant.
(ii) There was submitted an application by Mr G C for a Window Cleaner's Licence.
The Committee gave consideration to a 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 by granted.
Councillor George Regan re-entered the room prior to consideration of the undernoted item and resumed the position of Chair.
(iii) There was submitted an application by Mr F D for a Window Cleaner's Licence.
The Committee gave consideration to a representation 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 consideration of the application be deferred to the meeting of Licensing Committee to be held in December, 2002 pending the outcome of legal proceedings.
(iv) There was submitted an application by Mr J H for a Window Cleaner's 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 that they not be considered.
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 D H for a Window Cleaner'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 heared the applicant on his own behalf, the Committee agreed that the application be granted.
(e) TAXI DRIVER'S LICENCE - RENEWALS
(i) There was submitted an application by Mr D B for renewal of 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 refused.
(ii) There was submitted an application by Mr G B for renewal of 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 for a period of six months.
(iii) There was submitted an application by Mr D C for renewal of 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 an agent on behalf of the applicant, the Committee agreed that the application be granted.
(iv) There was submitted an application by Ms K D for renewal of 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 her own behalf, the Committee agreed that the application be granted.
(v) There was submitted an application by Mr J K for renewal of 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.
(vi) There was submitted an application by Mr S M for renewal of a Taxi Driver's Licence.
The Committee noted that the applicant was not present and agreed that the application be considered in his absence.
The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application.
Thereafter, the Committee agreed that the application be refused.
(vii) There was submitted an application by Mr K R for renewal of a Taxi Driver's Licence.
The Committee noted that the applicant was not present and agreed that the application be considered in his absence.
After consideration of a letter of representation which had been submitted by the Chief Constable relative to this application, the Committee agreed that the application be refused.
(viii) There was submitted an application by Mr R S for renewal of 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 and consideration of a letter of support which had been tabled by the agent, the Committee agreed that the application be granted.
(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
(i) There was submitted an application by Mr L C 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. Part of the objection 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 granted for a period of six months.
(ii) There was submitted an application by Mr D F 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. Part of the objection 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 a representative on behalf of the applicant and the applicant on his own behalf, Councillor Regan, seconded by Councillor Petrie, moved that the application be granted for a period of six months.
As an amendment, Councillor Sawers, seconded by Councillor Beattie, moved that the application be refused.
On a division there voted for the motion - Councillor Regan, Lord Provost Letford and Councillors Ward, Dawson, Mackie and Petrie (6); and for the amendment - Councillors Sawers and Beattie (2). Councillor Shimi and Grant were absent when the vote was taken; the motion was declared carried and the application was granted for a period of six months.
(iii) There was submitted an application by Mr B G 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. 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.
(iv) There was submitted an application by Mr T 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. Part of the objection 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 an agent on behalf of the applicant, the Committee agreed that the application be refused.
(v) There was submitted an application by Mr B McD 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 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 granted.
(vi) There was submitted an application by Mr A S 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 and consideration of a letter of support which had been tabled by the applicant, the Committee agreed that the application be granted.
(vii) The Committee noted that an application by Mr A T for a Taxi Driver's Licence had been withdrawn from consideration by the applicant.
The Convener agreed that the undernoted item be considered as a matter of urgency in terms of Standing Order No 52(3)(b) in view of the timescales involved.
(g) TAXI DRIVER'S LICENCE - SUSPENSION HEARING
There was submitted a letter of complaint from the Chief Constable relative to the alleged conduct of Mr D B during the currency of his Taxi Driver's Licence.
After consideration of the letter of complaint received from the Chief Constable and consideration of the advice from the Legal Officer, the Committee decided that no further action be taken.
GEORGE REGAN, Convener.