Licensing Committee - 05/12/2002

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

Present:-

COUNCILLORS

Councillor REGAN, Convener, in the Chair.

The minute of meetings this Committee of 7th November, 2002 was held as read.

Unless marked thus * all items stand delegated.

I MINUTES OF MEETINGS OF RENEWAL OF LICENCE SUB COMMITTEE OF 9TH SEPTEMBER AND 30TH SEPTEMBER, 2002

The minutes of the above meetings (Appendix I and II) were submitted and approved.

II MEMBERSHIP OF LICENSING COMMITTEE

There was submitted agenda note AN315-2002 reporting that Councillor Fordyce had tendered her resignation from the Licensing Committee with immediate effect and that there was now a vacancy on this Committee which 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 Committee noted that Councillor Joe Fitzpatrick would replace Councillor Liz Fordyce on the Licensing Committee from the next meeting of the Committee.

III USE OF CENTRAL AREA - HOGMANAY STALLS

There were submitted the undernoted applications:-

In the case of applications 1, 2 and 3 the Committee noted that the applicants were not present and after hearing a representative on behalf of the objectors agreed that the applications be granted subject to the stalls being erected within City Square and subject to the conditions of the Environmental Health Department and Tayside Fire Brigade.

In the case of application No 4, the Committee after hearing the applicant on his own behalf and a representative of the objectors agreed that the application be granted subject to the stall being erected within City Square and subject to the conditions of the Environmental Health Department and Tayside Fire Brigade.

In the case of application No 5 the Committee after hearing a representative on behalf of the applicant and a representative on behalf of the objectors agreed that the application be granted subject to the stall being erected within City Square and subject to the conditions of the Environmental Health Department and Tayside Fire Brigade.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of applications Nos 1-4 the Committee agreed that consideration of these items be deferred to a future meeting of the Committee.

In the case of applications Nos 5-26, there being no objections, the Committee agreed that the applications be granted.

(b) late hours catering licence - new applications

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

(c) METAL DEALERS - NEW APPLICATION

There being no objections the Committee agreed that the undernoted application be granted subject to the satisfactory inspection by the Environmental Health and Consumper Protection Department.

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

In the case of Application Nos 1, 2, 4, 5 and 6 there being no objections the Committee agreed that the applications be granted.

In the case of Application Nos 3, 7 and 8 the Committee agreed that the applications be granted subject to a satisfactory inspection by the Environmental Health and Consumer Protection Department.

(e) STREET TRADER'S LICENCE - NEW APPLICATIONS

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

In the case of Application No 1 the Commitee agreed that the application be granted subject to a satisfactory inspection by the Environmental Health and Consumer Protection Department.

In the case of Applications Nos 2 and 3 there being no objections the Committee agreed that the applications be granted.

In the case of Application No 4, there being no objections, the Committee agreed that the applicant be granted a variation of licence to allow him to trade in the Central area and subsequently further agreed that the exclusion zone be not applied to any other applications for Caricaturists or Street Entertainers.

(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

The undernoted applications have been received:-

In the case of applications Nos 1-10, there being no objections, the Committee agreed that the applications be granted.

In the case of applications Nos 11 and 12 the Committee noted that these applications had been withdrawn from consideration by the applicants.

In the case of application No 13, the Committee noted that the applicant had failed to pass the street knowledge test within the prescribed period and agreed that the application be refused.

(g) PRIVATE HIRE LICENCE - NEW APPLICATION

There being no objections the Committee agreed that the undernoted application be granted.

(h) TAXI LICENCE - NEW APPLICATIONS

1. Dundee 505050 Ltd

2. Lorna J Wood

3. Lee Caswell

4. Brian Don

In the case of Applications Nos 1, 3 and 4 the Committee noted that these applications had been withdrawn from consideration by the applicants.

In the case of Application No 2 the Committee noted that the applicant was not present and agreed that consideration of this item be deferred to the next meeting of the Committee.

PART II - CONFIDENTIAL ITEMS

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and 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.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Councillor Jim Shimi declared an interest in the following item of business and withdrew from the meeting during its consideration.

(a) PRIVATE HIRE LICENCE - NEW APPLICATION

(i) There was submitted an application by Mr S P for a Private Hire 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, Councillor Regan, seconded by Councillor Ward moved that the application be deferred to a future meeting of the Committee.

As an amendment, Councillor Mackie, seconded by Councillor Grant moved that the application be refused.

On a division there voted for the motion - Councillors Regan, Ward, Wright, Sawers, and Barrie (5); and for the amendment - Councillors Grant, Mackie and Petrie (3); Councillor Shimi was were absent when the vote was taken; the motion was declared carried and the application was deferred to a future meeting of the Committee.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATION

Councillor Shimi re-entered the meeting prior to consideration of the following items of business.

(i) There was submitted an application by Mr A B 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.

(ii) There was submitted an application by Mr T 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. 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.

(iii) There was submitted an application by Mr D 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 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.

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

George Regan, Convener