Licensing Committee - 05/03/2009

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th March, 2009.

Present:-

COUNCILLORS

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

The minute of meeting of this Committee of 5th February, 2009 was held as read.

Unless marked thus * all items stand delegated.

I MINUTE OF MEETING OF TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 22nd December, 2008 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 5th and 10th February, 2009 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices II and III.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PRIVATE HIRE CAR OPERATORS - NEW APPLICATIONS

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

(b) RIDING ESTABLISHMENT ACT 1964 - NEW APPLICATION

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

(c) TAXI LICENCE - NEW APPLICATIONS

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

(d) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Number 1, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Applications Numbers 2 to 12, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the applications be granted.

In the case of Application Number 13, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed that the application be granted subject to the representative submitting the name of contact person to the Housing Department.

In the case of Applications Numbers 14 to 27, the Committee, having heard a representative of the Housing Department and the applicants on their own behalf, agreed that the applications be granted.

In the case of Application Number 28, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application Number 29, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted subject to the applicant submitting details of contractors to the satisfaction of the Housing Department.

In the case of Application Number 30, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed that the application be granted subject to the submission of name of contact person and details of contractors to the satisfaction of the Housing Department.

In the case of Application Numbers 31 to 34, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

Councillor Helen Dick declared a non-financial interest in Application Number 35 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 Number 35, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, and consideration of additional information which had been submitted in support of the application and consideration of the advice of the Legal Officer, agreed that the application be granted.

In the case of Application Numbers 36 to 38, the Committee noted that consideration of this application had been deferred from the Licensing Committee held on 15th January, 2009 to enable further enquiries to be made by the Planning and Transport Department. Thereafter, the Committee, having considered the advice of the Legal Officer and having heard the representative of the Housing Department, an objector who was present, and an agent on behalf of the applicants, agreed that the applications be granted.

(e) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation.

No 1 6 Daniel Place to change of day to day manager to RPM Robertson Property Management.

No 2 216 Perth Road to change of day to day manager to Rossclare Lettings.

No 3 Basement, 44 Roseangle to change of day to day manager to Zakir Karim.

No 4 Ground Floor, 44 Roseangle to change of day to day manager to Zakir Karim.

In the case of request numbers 1 and 2, the Committee agreed that these requests be granted.

In the case of request numbers 3 and 4, the Committee, having heard the advice of the Legal Officer, and the applicant on their own behalf, agreed that consideration of the request be deferred to a future meeting of the Committee.

The Committee agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

(f) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATION

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

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.

2 CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION

There was submitted an application by Mr W R for renewal of a Houses in Multiple Occupation Licence.

The Committee agreed that consideration of this matter be deferred to a future meeting of the Committee.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J B during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter and with the agreement of the licence holder also gave consideration to the content of a further letter which initial letter referred to. Thereafter, having heard a representative of the Chief Constable the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that a final written warning be issued to the licence holder.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G L during the currency of his Taxi Driver's Licence.

The Committee noted that 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 submitted by the Chief Constable and having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer and the Clerk, the Committee agreed that suspension be continued until May 2009.

(c) TAXI DRIVER/PRIVATE HIRE LICENCE - SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C D during the currency of his Taxi Driver and Private Hire Licence.

The Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, the Committee having heard a representative of the Chief Constable and the licence holder on their own behalf, agreed that no further action be taken.

(d) TAXI DRIVER/TAXI LICENCE - SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D O'C during the currency of his Taxi Driver and Taxi Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, an agent on behalf of the applicant, the licence holder on his own behalf, consideration of documentation which had been submitted in support of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

Lord Provost John R LETFORD, Convener.