Licensing Committee - 27/09/2001

At a MEETING of the LICENSING COMMITTEE held at Dundee on 27th September, 2001.

Present:-

COUNCILLORS

Councillor SHIMI, Convener, in the Chair.

The minute of meeting of this Committee of 6th September 2001 was held as read.

Unless marked thus * all items stand delegated.

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(A) VARIATION OF TAXI DRIVER'S LICENCE CONDITIONS

Reference was made to Article I of the minute of meeting of this Committee of 3rd May 2001 where it was agreed to vary the conditions of all taxi driver's licences.

It was reported that in terms of the Civic Government (Scotland) Act 1982 all taxi drivers were given the opportunity to make a representation of which none were received.

The Committee approved the new conditions effective from 27th September 2001.

(B) PRIVATE HIRE CAR DRIVERS LICENCE CONDITIONS

It was reported that the existing conditions have been reviewed to reflect changes to legislation since 1982.

The Committee agreed to the changes subject to minor amendments as moved by Councillor Petrie. It was remitted to the Director of Support Services to deal with the consequential changes.

It was further agreed that the Director of Support Services would look at the operation of private hire cars generally and report thereon to a future meeting.

(C) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

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

(D) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

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

(E) PUBLIC PROCESSIONS (NOTICE UNDER SECTION 62)

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, that a route had been agreed upon, the Convener, seconded by Councillor Wright, moved that the application as applied for be granted.

As an amendment, Lord Provost Letford, seconded by Councillor Beattie, moved that the application be refused.

On a division there voted for the motion, the Convener and Councillors Regan, Rolfe, Wright, Petrie and Fordyce (6); and for the amendment Lord Provost Letford and Councillor Beattie (2) - whereupon the motion was declared carried and the application granted.

(F) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

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

The undernoted applications were received:-

In the case of Application No. 2 by Michael Craig, the Committee agreed to defer the application.

In the case of Application No. 3 by Glenvarigill Co Ltd the Committee, after hearing from an officer from the Environmental and Consumer Protection Department and an agent for the applicant agreed to grant the application subject to monitoring by the Environmental and Consumer Protection Department.

There being no objections the Committee granted the remaining application.

(H) STREET TRADERS - NEW APPLICATIONS

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

(I) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Applications 10, 11 and 12 by Messrs Robertson, Stewart and Turner, the Committee noted that they had failed to pass the Street Knowledge 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 I of Schedule 7A to the above Act.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(A) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr S B 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 the 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 in the interests of justice.

Thereafter, having heard the applicant on his own behalf, the Committee agreed to grant the application.

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

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

Thereafter, having heard the applicant on his own behalf, the Committee agreed to grant the application.

There was submitted an application by Mr SWG 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 the 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 in the interests of justice.

Thereafter, having heard the applicant on his own behalf, the Committee agreed to refuse the application.

Reference is made to Article VIII(D) of this Committee of 6th September 2001 where an application by Mr GJPH for a taxi driver's licence was deferred to the Licensing Committee of 27th September 2001 to allow the Chief Constable to complete enquiries.

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

Thereafter, having heard that the applicant was not in attendance the Committee agreed to refuse the application.

There was submitted an application by Mr DS 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 the application.

Thereafter, having heard the applicant on his own behalf, Councillor Petrie, seconded by Councillor Fordyce, moved that the application be refused.

As an amendment, Councillor Regan seconded by the Convener, moved that the application be granted.

On a division there voted for the motion Councillors Petrie and Fordyce (2); and for the amendment the Convener and Councillors Regan, Grant, Wright and Beattie (5) whereupon the amendment was declared carried and the application granted.

(B) LATE HOURS CATERING LICENCE - NEW APPLICATION

There was submitted an application by Mr KM for a late hours catering licence.

Having heard the applicant was not present the Committee agreed to defer the application.

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

There was submitted an application by Mr GM for 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 the applicant on his own behalf, the Committee agreed that the application be deferred.

There was submitted an application by Mr M P for a second hand dealer's licence.

Having heard that the applicant was not present the Committee agreed to defer the application.

(D) METAL DEALER'S LICENCE - NEW APPLICATIONS

There was submitted an application by Mr M P for a metal dealer's licence.

Having heard that the applicant was not present the Committee agreed to defer the application.

(E) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

There was submitted a letter of complaint from the Chief Constable relative to the alleged conduct of Mr S A during the currency of his taxi driver's licence.

After hearing from an agent on behalf of the applicant, the Convener, seconded by Councillor Regan, moved that consideration of the request to suspend the licence under Section 11 be deferred pending the outcome of the trial and that the Section 12 suspension be lifted.

As an amendment, Councillor Petrie, seconded by Councillor Fordyce, moved that the licence be suspended in terms of Section 11 pending the outcome of the trial and that the Section 12 suspension be lifted.

On a division there voted for the motion the Convener, and Councillors Regan, Grant and Beattie (4); and for the amendment Councillors Petrie and Fordyce (2); whereupon the motion was declared carried deferring the request to suspend the licence under Section 11 and lifting the Section 12 suspension.

JILL SHIMI, Convener