Licensing Committee - 28/06/2001
At a MEETING of the LICENSING COMMITTEE held at Dundee on 28th June 2001.
Present:-
COUNCILLORS
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Jill SHIMI |
John R LETFORD |
Dave BEATTIE |
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Helen WRIGHT |
Allan PETRIE |
Andrew DAWSON |
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Mervyn J ROLFE |
Elizabeth F FORDYCE |
Bruce D MACKIE |
Councillor SHIMI, Convener, in the Chair.
The minute of meeting of this Committee of 13th June 2001 was held as read.
Unless marked thus * all items stand delegated.
I CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI LICENCES AND THE WAITING LIST
There was circulated a paper on proposals by the Dundee Taxi Owners' Association and the Committee heard an agent for the Association outline the various proposals.
Thereafter the Committee adjourned to consider these proposals.
After the Committee had reconvened, the Director of Support Services submitted Report No 432-2001 which considered the position with regard to the request from the taxi trades to grant licences to persons not on the waiting list and the implications for and operation of the waiting list.
Thereafter, Councillor Rolfe, seconded by Councillor Mackie, moved that the Committee reaffirm the decision of 29th June 2000 that, should the number of taxi licences fall below 507, the first applicant on the waiting list be invited to apply for the first available licence. Implicit in the motion is that no category of person be given any preferential treatment.
As an amendment, the Convener, seconded by Councillor Wright, moved that the Committee agree that when considering an application for a taxi licence from the widow or partner of a taxi licence holder, the Committee agree to place that person at the head of the waiting list.
On a division, there voted for the motion - Councillors Rolfe, Fordyce, Beattie, Dawson and Mackie (5); and for the amendment - the Convener and Councillors Wright and Petrie (3) - Lord Provost Letford being absent when the vote was taken - whereupon the motion was declared carried.
(b) TAXI FARES
It was reported that the proposed new taxi/private hire fares had been advertised in the local press and no representations had been received.
The Committee agreed to implement the new fare as from 1st July 2001.
(c) HOUSES IN MULTIPLE OCCUPATION
There were submitted the undernoted applications:-
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Name of Applicant |
Address of Premises
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1 |
Bield Housing Association Ltd |
Flat 1/10, Pitairlie Road |
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2 |
Bield Housing Association Ltd |
Flat 14/22, Bonnethill Gardens, Caldrum Street |
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3 |
Kenneth I M Edward |
99 Magdalen Yard Road |
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4 |
A Russell & A Wills |
20 Ladywell Avenue |
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5 |
Audrey Blair |
AUJ House, 17A Nelson Street |
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6 |
Salvation Army |
Clement Park House, Harefield Road |
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7 |
Salvation Army |
Strathmore House, 31 Ward Road |
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8 |
University of Dundee |
4 Airlie Place 6 Airlie Place 8 Airlie Place 10 Airlie Place 12 Airlie Place 14 Airlie Place 16 Airlie Place 18 Airlie Place Ardvreck, 3 & 4, 516 Perth Road Belmont Hall, Mount Pleasant 7 Greenfield Place 6/12 Perth Road 20 Perth Road 40 Perth Road 384 Perth Road Pearson Hall, 25 Roseangle 4 Roseangle 6 Roseangle Seabraes Hall, Seabraes Court 2 Springfield 4 Springfield 7 Springfield 8 Springfield (Ground Right) 9 Springfield 11 Springfield 12 Springfield 13 Springfield 17/18 Springfield 24 Springfield 26 Springfield 28 Springfield Tay Mills, 19 Brown Street Tay Mills (Flats 81-89), 23 Brown Street West Park Hall, 319 Perth Road West Park Villas, 319 Perth Road Wimberley Houses, Glamis Drive |
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9 |
James Manson |
291 Perth Road |
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10 |
Dundee City Council |
3 Argyle Place 105 Ann Street |
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11 |
DMH Properties |
218 Perth Road 1st Floor, 105B Nethergate |
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Name of Applicant |
Address of Premises
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12 |
Heritage Properties |
3rd Floor, 80 Nethergate 23A Perth Road 2/2, 52 Seafield Road 2/2, 38 Seafield Road 3rd Floor, 142 Nethergate 2/2, 142 Nethergate 2/1, 119 Nethergate 1/2, 119 Nethergate 2/2, 59 Dock Street 3rd Floor, 59 Dock Street |
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13 |
Marina Lopez |
239 Perth Road |
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14 |
Ann Banks |
Upper Flat, 4 Laurelbank |
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15 |
Richard Borland |
174 Perth Road |
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16 |
Gowrie Housing Association Ltd |
Jessie Devlin Close, Soapwork Lane Dundee Survival Group, 100 Foundry Lane |
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17 |
Hamish Dougal |
1 Argyle Place, Thomson Street |
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18 |
John Gee |
2nd Floor North, 31 Reform Street 2nd Floor South, 2 Union Street |
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19 |
Lomondvale |
Flat, Magnum House, Seagate |
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20 |
Iqubal Jamal |
11 Albany Terrace Ground Floor Flat, 2 Garland Place Third Floor, 85/87 Commercial Street Fourth Floor, 85/87 Commercial Street Second Floor, 85/87 Commercial Street |
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21 |
Northern College of Education |
Redholme, Gardyne Road Winnocks, Gardyne Road Westwood, Gardyne Road 3 College Row, Gardyne Road |
In the case of Applications Nos 1 and 2 by Bield Housing Association Limited in respect of Flat 1/10, Pitairlie Road and Flat 14/22 Bonnethill Gardens, Caldrum Street and Application No 3 by Kenneth I M Edward in respect of 99 Magdalen Yard Road, the Committee agreed that the applications be granted.
In the case of Application No 5 by Audrey Barr in respect of AUJ House, 17A Nelson Street, Councillor Fordyce declared an interest and took no part in the discussion of this application.
In the case of Applications Nos 4 to 21, the Committee agreed to defer consideration meantime.
(d) LATE HOURS CATERING LICENCES - NEW APPLICATIONS
There being no objections the Committee granted the undernoted applications:-
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Name |
Address of Premises
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Hours of Opening |
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1 |
Masreen Mohammed |
The Wee Guli, 98 Gray Street, Broughty Ferry |
11 pm to 1 am Sunday to Saturday |
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2 |
Dundee Taxi Cab Co Ltd |
Tayview Filling Station, 394 Perth Road |
11 pm to 5 am Mondays to Sundays |
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3 |
Yu Ling Ng |
Jade Palace, 69 Macalpine Road |
11 pm to 12 midnight Sunday to Thursday and 11 pm to 1 am Friday and Saturday |
(e) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS
There were submitted the undernoted applications:-
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Name |
Address of Premises
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Hours of Opening |
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1 |
European Entertainment Corporation Ltd |
Caird Park |
1 pm to 10 pm daily from Wednesday 8th to Sunday 12th August 2001 |
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2 |
The Gate Christian Fellowship, 158 Perth Road |
Peebles Drive |
11 am - 7 pm 6th July 2001 |
In the case of Application No 1 by European Entertainment Corporation Limited in respect of Caird Park, the Committee, after hearing an officer of the Environmental and Consumer Protection Department relative to the risk assessment, agreed that the application be granted subject to a satisfactory inspection by the appropriate officers.
In the case of Application No 2 by the Gate Christian Fellowship in respect of Peebles Drive, the Committee, after hearing a representative of the applicant and having considered objections from local residents, was advised that as no admission charge was being made for the event, no licence was required.
(f) SECOND HAND DEALER'S LICENCE - NEW APPLICATION
There being no objections, the Committee granted the undernoted application:-
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Name |
Address of Premises
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Type of Goods |
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Kenneth Urquhart |
Ken Urquhart Motors 464/466 Strathmartine Road |
Motor Vehicles |
(g) STREET TRADER'S LICENCE - NEW APPLICATION
There being no objections, the Committee granted the undernoted application:-
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Name |
Type of Goods
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David A Allison |
Street Photography |
(h) WINDOW CLEANER'S LICENCE - NEW APPLICATION
There being no objections, the Committee granted the undernoted application:-
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Name
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William C Sharpe |
(i) TAXI LICENCES - NEW APPLICATIONS
There were submitted the undernoted applications:-
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Name
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1 |
Jacqueline Lowe |
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2 |
Betsy McLaughlin |
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3 |
Kenneth J Soper |
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4 |
Roderick Y Bambury |
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5 |
Brian Don |
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6 |
Iris Sivewright |
In the case of Application No 1 by Jacqueline Lowe, the Committee agreed to grant a temporary licence for six weeks to allow the estate to be wound up with an undertaking that no new application be made.
In the case of Application No 2 by Betsy McLaughlin, the Committee, after hearing a representative for Ms McLaughlin, agreed to refuse the application on the grounds that no undertaking could be given that the applicant would not apply for a further temporary licence at the end of a six week period.
In the case of Application No 3 by Kenneth J Soper who gave an undertaking that a full application would not be made at the expiry of the temporary licence period, Councillor Rolfe, seconded by Councillor Mackie, moved that the application be refused.
As an amendment, the Convener, seconded by Councillor Petrie, moved that the application for a temporary licence be granted for a period of six weeks.
On a division, there voted for the motion - Councillor Rolfe, Fordyce and Mackie (3); and for the amendment - the Convener and Councillors Wright, Petrie, Beattie and Dawson (5) - Lord Provost Letford being absent when the vote was taken - whereupon the amendment was declared carried.
In the case of Application No 4 by Roderick Y Bambury, the Committee, having heard the applicant, agreed to refuse the application for a temporary licence as no application for renewal had been received by 31st May 2001.
In the case of Application No 5 by Brian Don, the Committee agreed to defer consideration of the application.
In the case of Application No 6 by Iris Sivewright, the Committee heard an agent for the applicant.
The Convener, seconded by Councillor Petrie, moved that the application be granted.
As an amendment, Councillor Rolfe, seconded by Councillor Mackie, moved that the application be refused.
On a division, there voted for the motion - the Convener and Councillors Wright and Petrie (3); and for the amendment - Councillors Rolfe, Fordyce, Beattie, Dawson and Mackie (5) - Lord Provost Letford being absent when the vote was taken - whereupon the amendment was declared carried.
(j) PRIVATE HIRE LICENCES - NEW APPLICATIONS
There being no objections the Committee granted the undernoted applications:-
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Name
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1 |
Dundee Taxi Cab Co Ltd (15 vehicles) |
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2 |
Ann M Cowie |
(k) TAXI DRIVER'S LICENCES - NEW APPLICATIONS
There were submitted the undernoted applications:-
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Name
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1 |
Lee P Caswell |
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2 |
Gary W Cowie |
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3 |
Michael Holmes |
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4 |
Alistair McCulloch |
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5 |
William F Smith |
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6 |
Albert T Williamson |
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7 |
Matthew K Murray |
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8 |
Arron Grubb |
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9 |
Michael E Mulholland |
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10 |
David C Strachan |
In the case of Applications Nos 7, 8, 9 and 20 by Messrs Murray, Grubb, Mulholland and Strachan, the Committee noted that the applicants had failed to pass the street test within the prescribed period and agreed to refuse the applications.
There being no objections, the Committee granted the remaining applications.
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 involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part 1 of Schedule 7A of the above Act.
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS
There was submitted an application by Mr JAT 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 these be considered in the interests of justice.
Thereafter, having been advised that the applicant was not present, the Committee agreed that the application be refused.
There was submitted an application by Mr JD 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 these be considered in the interests of justice.
Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be granted.
There was submitted an application by Mr AG 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 these be considered in the interests of justice.
Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be granted.
(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
There was submitted an application by Mr GTM for a Taxi Driver'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.
There was submitted an application by Mr CGR for a Taxi Driver'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 these be considered in the interests of justice.
Thereafter, having heard the applicant on his own behalf, the Committee agreed that the application be granted.
There was submitted an application by Mr AW for a Taxi Driver'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.
JILL SHIMI, Convener.