Licensing Committee - 06/09/2001

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th September 2001.

Present:-

COUNCILLORS

Councillor SHIMI, Convener, in the Chair.

The minute of meeting of this Committee of 27th August 2001 was held as read.

Unless marked thus * all items stand delegated.

Prior to the commencement of business the Convener paid tribute to Tom Carroll, Committee Services Officer, who died on 14 August 2001 which was followed by a minute's silence.

I TAXI/PRIVATE HIRE TEST FEES

It was reported that a request had been received from the Plant and Vehicle Department for a review of Taxi/Private Hire Test fees.

The Committee agreed to refer this to the Taxi Liaison Committee for consideration.

II TAXI/PRIVATE HIRE DEFECT REPORTS

It was reported that a new defect report sheet had been produced which was approved by the Committee.

III REGISTRATION AS POOLS PROMOTER - APPOINTMENT OF ACCOUNTANT

The Committee agreed to defer consideration of this matter to its December meeting pending the outcome of the applicant's tendering process.

IV VEHICLE TESTING

It was reported that the licence holders listed below were the subject of reports by the Plant and Vehicle Department and that their vehicles were being tested more frequently than the normal testing schedule and that they had requested a return to the normal testing schedule.

1 David Dodds

2 Stephen Knox

3 Eric Milne

Having been advised that the Plant & Vehicle Officer had no objections the Committee approved the requests.

V LOTTERIES AND AMUSEMENTS ACT 1976

(a) APPLICATION FOR PERMIT FOR AMUSEMENTS WITH PRIZES - NEW APPLICATION

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

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

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

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION

The Committee agreed to defer consideration of the undernoted applications:-

(b) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

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

(c) LATE HOURS CATERING LICENCE - RENEWALS

There were submitted the undernoted applications:-

In the case of Application No 1 by Nin Y Shek, the Committee, after hearing from the objectors and an agent for the applicant, agreed that the application be granted.

In the case of Application No 2 by Altaf Yasin, the Committee, after hearing from an officer of the Environmental and Consumer Protection Department and the applicant, agreed that the application be granted.

(d) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(e) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATIONS

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

(f) PUBLIC PROCESSION

There was submitted an application for a public procession by the City of Dundee Campsie Club Apprentice Boys of Derry on 6th October 2001.

After hearing from the Chief Constable's representative and the applicant, the application was withdrawn.

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

The undernoted applications were received:-

In the case of Application No 1 by MDZ Limited, this was deferred at the request of the applicant.

In the case of Application No 2 by Dealfinder, the Committee after hearing from an officer from Building Quality and the applicant, agreed to grant a licence for a period of three months and for Building Quality to monitor the situation.

In the case of Application No 3 by Michael P Craig, the Committee agreed to defer the application.

In the case of Application No 5 by Clifford B Ferguson, the Committee after hearing an officer of the Environmental and Consumer Protection Department agreed that the application be granted subject to a satisfactory inspection by the appropriate officers.

In the case of Application No 6 by Glenvarigill Co Ltd, the Committee after hearing an officer of the Environmental and Consumer Protection Department, agreed that the application be deferred.

In the case of Application No 8, Councillor Fiona Grant declared an interest and took no part in the debate, thereafter the Committee agreed that the application be granted.

There being no objections, the Committee granted the remaining applications.

(h) SECOND HAND DEALER'S LICENCE - RENEWALS

The undernoted applicant requested a variation in conditions to allow computerised records and the Committee agreed that computerised records could be held but that the book referred to in the conditions must also be kept.

(i) STREET TRADERS - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 2, the Committee granted the application subject to the production of an Environmental and Consumer Protection Certificate for the vehicle.

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

(j) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 18 by Mr Gaston, the Committee noted that he had failed to pass the Street Knowledge Test within the prescribed period and agreed to refuse the application.

There being no objections, the Committee granted the remaining applications.

(k) TAXI LICENCES - NEW APPLICATIONS

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

(l) NEW LICENCES - RENEWALS

There was submitted the undernoted application:-

The Committee, after hearing from the Plant and Vehicle Officer, agreed to grant the application subject to three monthly testing for one year.

(m) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

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

VII THEATRES ACT 1968

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

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 I of Schedule 7A to the above Act.

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING LICENCE - NEW APPLICATION

There was submitted an application by Mr TK 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. 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 these be considered in the interests of justice.

Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that the application be granted.

(b) LATE HOURS CATERING - RENEWAL

The Committee noted that the application by Mr IHI had been withdrawn.

(c) SECOND HAND DEALER'S LICENCE - RENEWAL

There was submitted an application by Ms HMcC for the renewal of a second hand dealer's licence.

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

Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that the application be granted.

(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr JD for the grant of a taxi driver's licence.

The Committee gave consideration to a representation which had been submitted by the Chief Constable and a letter of support relative to the 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 GJPH for the grant of 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 these be considered in the interests of justice.

Thereafter, having heard the applicant on his own behalf, the Committee agreed to defer consideration of the application to its next meeting.

There was submitted an application by Mr MK for the grant of a taxi driver's 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 to refuse the application.

There was submitted an application by Mr RN for the grant of 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 they be considered in the interests of justice.

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

(e) TAXI LICENCES - RENEWALS

There was submitted an application by Ms McC for renewal of her taxi licence.

The Committee gave consideration to an objection which had been submitted by the Chief Constable relative to the application.

Thereafter, having heard the applicant on her own behalf, the Convener, seconded by Councillor Grant, moved that the application be refused.

As an amendment, Councillor Mackie, seconded by Councillor Petrie, moved that the application be granted until the 31st May, 2001.

On a division, there voted for the motion, the Convener and Councillors Grant and Powrie (3); and for the amendment, Councillors Petrie, Dawson and Mackie (3); whereupon there being a parity of votes the Convener gave her casting vote in favour of the motion and the application refused.

(f) WINDOW CLEANER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr RWH 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.

There was submitted an application by Mr JMF 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 been advised that the applicant was not present, the Committee agreed that the application be refused.

(g) SUSPENSION HEARING - TAXI DRIVER

There was submitted a letter of complaint by the Chief Constable relative to the conduct of Mr ALE during the currency of his taxi driver's licence.

After being informed that the licence holder was not present, the Committee agreed to suspend his licence for the unexpired portion of its duration.

JILL SHIMI, Convener.