Licensing Committee - 04/09/2008

At a MEETING of the LICENSING COMMITTEE held at Dundee on 4th September, 2008.

Present:-

Lord Provost John R LETFORD

Bailie Roderick A J WALLACE

COUNCILLORS

Lord Provost John R LETFORD, Convener, in the Chair.

The minute of meeting of this Committee of 24th July, 2008 was held as read.

Unless marked thus * all items stand delegated.

I MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 26th June, 2008 and 24th July, 2008 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) EXEMPTION FOR METAL DEALER'S LICENCE - NEW APPLICATIONS

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

(b) INDOOR SPORTS LICENCE

There were submitted the undernoted applications.

In the case of Application No 1, there being no objections, the Committee agreed that the application be granted.

In the case of Application No 2, the Committee noted that the correct hours of opening were Mondays to Sundays 9am to 11pm. Thereafter, having heard a representative of the Environmental Health Department, the Clerk, the agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be deferred to the next meeting of the Committee.

The Committee further agreed that future applications not be submitted for consideration of the Committee unless the Risk Management Policy document had been completed by the applicant to the satisfaction of the appropriate Officer of the Council.

(c) LATE HOURS CATERING LICENCE - NEW APPLICATIONS

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

(d) LATE HOURS CATERING LICENCE - RENEWAL APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant was not present, and having considered the advice of the Legal Officer, agreed that the application be deferred to a future meeting of the Committee.

(e) METAL DEALER'S LICENCE

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

(f) PRIVATE HIRE LICENCE - NEW APPLICATIONS

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

(g) SECOND HAND DEALER'S LICENCE

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

(h) LICENSING OF SKIN PIERCING AND TATTOOING ORDER 2006

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

(i) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

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

In the case of Application No 3, the Committee noted that the applicant had failed to renew his taxi licence on 31st May, 2008 and having heard the Clerk, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the policy in relation to the placing on service an accessible vehicle with whole volume type approval not be applied on this application.

(j) TAXI LICENCE - RENEWALS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of Tayside Police, the applicant on their own behalf and the consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 2, the Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of Tayside Police, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

In the case of Application No 3, the Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of Tayside Police, the applicant on their own behalf and consideration of a letter of support which had been tabled by the applicant and the advice of Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 4, the Committee noted that the applicant was not present and agreed that consideration of the application be deferred to a future meeting.

In the case of Application No 5, the Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of Tayside Police and the applicant on their own behalf, the Committee agreed that the application be granted.

In the case of Application No 6, the Committee noted that the applicant was not present and agreed that consideration of the application be deferred to a future meeting of the Committee.

(k) USE OF MURRAYGATE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee, having considered the content of the letter of support which had been submitted by the applicant and having heard the applicant on their own behalf, agreed that the application be granted for the use of the Murraygate on one day of each of the months of September, October and November 2008 subject to the approval of the Clerk. The Committee noted that the application would be recalled in December 2008 at which time the observations of the Licensing Department and the City Centre Manager would be submitted.

(l) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted the applicant was not present and agreed that the application be deferred until a future meeting of the Committee.

In the case of Application No 2, the Committee noted that the application was for grant management and not rent/property management as listed on the agenda, and after hearing a representative of the Housing Department, the Committee agreed that the application be granted.

In the case of Application No 3, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicant, agreed that the application be granted.

Councillor Helen Dick declared a non-financial interest in Application No 4 by virtue of the applicant being known to her in a personal capacity and took no part in the proceedings.

In the case of Application No 4, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application No 5, the Committee gave consideration to a letter of objection which had been submitted by the Private Sector Services Manager, and having heard a representative of the Housing Department and a representative on behalf of the applicant, the Committee agreed that the application be granted subject to the arrangement in relation to the day to day manager being confirmed to the Housing Department.

In the case of Application No 6, the Committee gave consideration to a letter of objection which had been submitted by a member of the public and a letter of support which had been submitted by the applicant. The Committee noted that the objector to the application was not present, and having heard a representative of the Housing Department and an agent on behalf of the applicant, the Committee agreed that the application be granted.

Lord Provost John R Letford declared a non-financial interest in Application No 7 by virtue of his Council appointment as a member of the Court of Dundee University and vacated the Chair during its consideration, whereupon, the Chair was taken by the Depute Convener, Bailie Roderick A J Wallace.

In the case of Application No 7, the Committee gave consideration to letters of objection which had been submitted by members of the public and also a letter of support which had been submitted on behalf of the applicant. The Committee noted that objectors to the application were not present and having heard a representative of the Housing Department, the Committee agreed that the application be deferred for consideration at a future meeting of the Committee.

Lord Provost John R Letford resumed the Chair prior to consideration of Application No 8.

In the case of Application No 8, the Committee noted that this application had previously been granted subject to the completion of works and a suitable manager being appointed, and after hearing a representative of the Housing Department and noting that there were no objections to the application continuing, the Committee agreed that the application be granted.

In the case of Application Nos 9 to 31, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(m) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR VARIATIONS

There were submitted the undernoted requests for variation:-

In the case of Application Nos 1 to 25 and 27, there being no objections, the Committee agreed that the requests for variation be granted.

In the case of Application No 26, the Committee noted that this application had been withdrawn from consideration by the applicant.

(n) HOUSES IN MULTIPLE OCCUPATION - OVER-PROVISION

Reference was made to Article III(o) of the minute of meeting of the Licensing Committee of 14th June, 2007, wherein the Committee adopted in principle, a policy on the issue of over-provision of Houses in Multiple Occupation (HMO's). This policy was to the effect that if there was a concentration of HMO's in any particular Census Output Area (COA) in excess of 12.5% of qualifying residential properties in the COA, then the Committee would consider this to amount to an over-provision of HMO's in that COA. The Committee also resolved that this would not apply in the City Centre.

The Committee had remitted to the Depute Chief Executive (Support Services) and the Director of Housing to report back to it once the necessary database had been developed to enable the system to be implemented. Members of the Committee were given the opportunity to see this system at a seminar and the Committee's instructions with regard to the following aspects of the policy were requested.

(1) There were three options for the introduction of the policy:-

(a) to apply to all applications for licences coming before the Committee from this meeting onwards;

(b) to apply only to new applications received from the date of this meeting onwards, with any applications currently being processed to be subject to the former policy based on the density of HMO's per street; and

(c) to apply to all applications coming before the Committee at any future meetings, but not including this meeting.

(2) A number of developments in the City were covered by Section 75 Agreements under the Town and Country Planning (Scotland) Act 1997 which prohibited their use as HMO's. It was proposed that the Committee included such properties amongst those considered to be non-qualifying, together with purpose built HMO accommodation and non-mainstream housing. It was also suggested that the Committee remitted to the Director of Housing and the IT Division to make the necessary changes to the database to reflect this.

(3) Where there was more than one application in the same COA for consideration at the same meeting, it was proposed that these be considered in the order in which the applications were lodged. Applications would be submitted to the Committee for determination once the subject premises were compliant with the required standards for HMO's.

The Committee agreed to accept the proposals at paragraphs (2) and (3) above and in relation to paragraph (1) that option (c) be adopted with effect from the October 2008 Committee.

(o) HOUSE IN MULTIPLE OCCUPATION - FEES

It was reported that House in Multiple Occupation fees required to be reviewed to take into account increased charges from Tayside Police, Tayside Fire and Rescue and Building Standards and the decision to inspect all renewal applications previously the subject of self-certification.

The Committee agreed that fees be applied as indicated above from 5th September, 2008.

(p) REQUEST FOR VARIATION

There was submitted a letter from Dundee Private Hire Ltd requesting a variation on the condition that requires all vehicles that have a meter to be calibrated with the fare increase to be implemented from 1st September, 2008.

Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer and consideration of the content of supporting documentation tabled by the applicant, the Committee agreed that the request be refused.

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 they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr J B for his Taxi Driver's Licence. The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police and a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(b) TAXI DRIVER'S LICENCE - RENEWAL

There was submitted an application by Mr K D for renewal of his Taxi Driver's Licence. The Committee gave consideration to a letter of information which had been submitted by the Corporate Food Safety Adviser and Tobacco Control Officer relevant to this application. Thereafter, having heard a representative of the Environmental Health and Trading Standards Department and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(c) TAXI DRIVER/TAXI LICENCE - RENEWAL

There was submitted an application by Mr S B for renewal of his Taxi Driver's and Taxi Licence.

The Committee gave consideration to a letter of objection which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police and the agent on behalf of the applicant, the Committee agreed that the application be granted.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

There was submitted a letter of information from the Corporate Food Safety Adviser and Tobacco Control Officer relevant to the alleged conduct of Mr M B during the currency of his Taxi Driver's Licence.

The Committee noted the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having given consideration to the content of the letter and having heard a representative of the Environmental Health Department and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the Taxi Driver's Licence held by Mr M B be suspended for the unexpired portion of the licence.

Bailie Roderick A J Wallace left the meeting prior to consideration of the following items of business and did not return.

(e) TAXI DRIVER/TAXI LICENCE - SUSPENSION HEARING

There was submitted a letter of information from Tayside Police relative to the conduct of Mr S E during the currency of his Taxi Driver and Taxi Licence.

Thereafter, having given consideration to the content of the letter and having heard a representative of Tayside Police, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that a fresh hearing be held in 12 months' time.

(f) WINDOW CLEANER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr S S for a Window Cleaner'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, the Committee, having heard a representative of Tayside Police and the applicant on his own behalf, agreed that the application be refused.

Lord Provost John R LETFORD, Convener.