Licensing Committee - 04/12/2008

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

Present:-

COUNCILLORS

Bailie Roderick A J WALLACE, Depute Convener, in the Chair.

The minute of meeting of this Committee of 6th November, 2008 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 18th November, 2008 and 25th November, 2008 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendix I and Appendix II.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING - NEW APPLICATION

Bailie Roderick A J Wallace declared a non-financial interest in the undernoted application by virtue of a member of his family being in the employment of the company concerned.

There was submitted the undernoted application.

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

(b) PRIVATE HIRE CAR OPERATORS - NEW APPLICATIONS

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

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

There was submitted the undernoted application.

In the case of this application, the Committee agreed that consideration of the application be deferred to a future meeting of the Committee to allow further enquiries to take place with the Economic Development Department.

(d) LICENSING OF SKIN PIERCING AND TATTOOING ORDER 2006

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

(e) STREET TRADER'S LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee, having heard the applicant on their own behalf and after consideration of the advice of the Legal Officer, agreed that consideration of the application be deferred to a future meeting of the Committee to allow further enquiries to take place with the Economic Development Department.

(f) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 4, the Committee noted that these applications had been withdrawn from consideration by the applicants.

In the case of Application Nos 2 and 3, the Committee, having noted that the applicants had failed to pass a street test within the prescribed period, agreed that the applications be refused.

In the case of Application No 5, the Committee noted that a letter had been submitted by an agent acting on behalf of the applicant and having considered the content of the letter and having heard the applicant on their own behalf and after consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(g) TAXI OPERATOR'S LICENCE - NEW APPLICATIONS

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

(h) TAXI OPERATOR'S LICENCE

It was reported that Mr Norman Bland, Taxi Operator No 1050, was refused his Taxi Operator's Licence on 4th September, 2008 and that an appeal was subsequently lodged and the application remitted back to the Committee by the Sheriff for further consideration.

The Committee, having heard an agent on behalf of the applicant, a representative of Tayside Police and consideration of the advice of the Legal Officer, agreed that it be delegated to the Clerk to issue the licence depending upon the Cabs Enforcement Unit of Tayside Police being content with the content of the insurance documentation.

(i) USE OF MURRAYGATE - NEW APPLICATION

Reference was made to the minute of meeting of this Committee of 4th September, 2008, wherein the Gate Fellowship were granted use of the Murraygate on one Saturday in September, October and November and the City Centre Manager instructed to monitor the position and report back to this meeting.

There was submitted the undernoted application.

It was reported that in this regard, the City Centre Manager had indicated that there were no problems encountered and no adverse comments from local traders.

The Committee noted that the applicant had requested permission to use the Murraygate every Saturday and had submitted letters of support.

In the case of this application, the Committee, having given consideration to the content of the letter of support which had been submitted by the applicant and consideration of the advice of the Legal Officer, agreed that the application be granted for a six month period on the basis of two Saturdays a month and following a six month period, that a further report be submitted to the Committee.

(j) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 8 and 12, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

In the case of Application Nos 2, 3, 4, 6, 9 and 11, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application No 5, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the application be granted subject to a day to day manager being confirmed at a meeting of the Committee to be held in January 2009.

In the case of Application No 7, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the application be granted for a period of one year, subject to the applicant notifying the Housing Department of the list of their approved contractors.

In the case of Application No 10, the Committee, having heard a representative of the Housing Department and an agent on behalf of the applicants, agreed that the application be granted subject to helping in submitting the list of contractors to be used in an emergency basis to the Housing Department for record purposes.

(k) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee gave consideration to the letters of objection which had been submitted by members of the public along with a late objection. The Committee, having given consideration to the reasons why the late objection had been submitted late agreed that the objection be considered. Thereafter, having heard representatives of the objectors, a representative of the Housing Department, an agent on behalf of the applicants and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(l) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There was submitted the undernoted requests for variations.

(1) 1/1, 40 Union Street to change of day to day manager to Duncan Robertson.

(2) Basement, 44 Roseangle to change of day to day manager to Zakir Karim.

(3) Ground Floor, 44 Roseangle to change of day to day manager to Zakir Karim.

(4) 3/2, 259 Blackness Road to change of day to day manager to Angus Glen Properties/Ann McIntosh.

(5) 6 Garland Place to change of day to day manager to Ruth Rizza.

(6) 9 Springfield to change of day to day manager to Rossclare Lettings.

In the case of request Nos 1, 2, 3 and 4, there being no objections, the Committee agreed that the request be granted.

In the case of request No 5, the Committee, having heard the applicant on their own behalf, a representative of the Housing Department and consideration of the advice of the Legal Officer, agreed that the request be granted for a period of six months subject to monitoring by the Housing Department.

In the case of request No 6, the Convener had agreed that this matter be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved. Thereafter, there being no objections, the Committee agreed to grant the licence with the variation requested.

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 item of business on the grounds that it 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/TAXI LICENCE - SUSPENSION HEARING

There was submitted a letter of complaint by the Chief Constable relative to the alleged conduct of Mr L McI during the currency of his Taxi Driver and Taxi Operator's Licences. The Committee noted that the applicant was not present and having considered the reason for their non-attendance, agreed that the matter be deferred to a meeting of the Licensing Committee of 11th January, 2009.

Roderick A J WALLACE, Depute Convener.