Licensing Committee - 03/09/2009

At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd September, 2009.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

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

The minute of meeting of this Committee of 2nd July, 2009 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING SUB-COMMITTEE - MINUTES OF MEETINGS

The minutes of meetings of the Licensing Sub-Committee held on 2nd July, 6th July and 17th July, 2009 (Appendices I, II and III), were submitted and noted for information.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

List of new applications granted under delegated powers (Appendix IV) was submitted and noted for information.

(b) LICENSING OF KNIFE DEALERS

There was submitted Report No 424-2009 by the Depute Chief Executive (Support Services) advising the Committee of the introduction of a mandatory scheme for the licensing of knife dealers in Scotland.

The Committee:-

(i) noted the introduction of the new scheme for the licensing of knife dealers;

(ii) approved the list of conditions at Appendix I of the report; and

(iii) further approved the fee for the grant or renewal of licences be fixed at 110 for a one year licence.

(c) PRIVATE HIRE CAR OPERATORS - NEW APPLICATIONS

There was submitted the undernoted applications:-

The Committee, having heard from the applicant on their own behalf, agreed to grant the above applications.

(d) APPLICATION FOR PUBLIC ENTERTAINMENT

The undernoted application had been submitted:-

The Committee agreed to grant the above application.

(e) SECOND HAND DEALER'S LICENCE - RENEWAL

The undernoted application had been submitted:-

The Committee, having heard from an agent on behalf of the applicant and considered objections, agreed to grant the above application subject to monitoring by the Licensing Standards Officers.

(f) APPROVED LIST OF ACCESSIBLE VEHICLES - ADDITIONS TO LIST

It was reported that the VW Caddy Maxi presented by the Taxi Centre and the Eurotaxi Dispatch presented by Cabs Direct had been assessed by the Plant and Vehicle Officer and the Cabs Enforcement Officer and having received appropriate certification, recommended that the vehicles be added to the list of accessible vehicles.

The Committee approved the above.

(g) REQUEST FOR VARIATION

The Committee agreed to a request for variation from Peter Fraser, 23 Clement Park Road, Dundee, DD2 3NF to vary the condition of his Private Hire Licence Number 030. The variation allows Mr Fraser to replace his current vehicle C17 TYS (Audi A6) with a 2007 Audi A6 Avant estate, with privacy glass.

(h) TAXI OPERATOR'S LICENCE - NEW APPLICATION

The undernoted application had been submitted:-

The Committee, having heard from the applicant on their own behalf, agreed to grant the above application.

(i) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications:-

In the case of Application No 1, the Committee, having heard from a representative of the Housing Department and from the applicant on their own behalf, agreed that the application be granted.

In the case of Application No 2, the Committee, having heard from a representative of the Housing Department and from the applicant on their own behalf, agreed that the application be granted subject to the completion of outstanding works.

In the case of Application Nos 3 and 5, the Committee noted that they had been withdrawn.

In the case of Application No 4, the Committee, having heard from a representative of the Housing Department and from the applicant on their own behalf, agreed that the application be granted subject to the completion of outstanding works within one month.

In the case of Application No 6, the Committee, having heard from a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

In the case of Application No 7, the Committee, having heard from 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 8 to 18, the Committee agreed to defer them to a future meeting of the Committee.

(j) HOUSES IN MULTIPLE OCCUPATION - RENEWALS

There were submitted the undernoted applications:-

In the case of Application Nos 1 to 3, the Committee noted that they had been withdrawn.

In the case of Application No 4, the Committee, having heard from a representative from the Housing Department and from the applicant on their own behalf, agreed to grant the application subject to necessary works being completed and monitoring by the Licensing Standards Officers.

(k) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

There were submitted the undernoted requests for variation:-

(1) 93 Nethergate (3/2) to change of day to day manager to Jack Reavley.

(2) 235 Perth Road to change of day to day manager to Grant Management.

(3) 93 Nethergate (3/1) to change of day to day manager to Jack Reavley.

(4) 358 Perth Road to change of day to day manager to Jack Reavley.

(5) Basement Flat, 54 Roseangle to change of day to day manager to Angus Glen Properties.

(6) 30 Cleghorn Street (G/F) to change of day to day manager to J & E Shepherd.

(7) 3 Bellefield Avenue to change of day to day manager to Rent Flats, Dundee.

(8) 1 Seafield Road (1/1) to change of day to day manager to Rent Flats, Dundee.

(9) 125 Perth Road (3/4) to change of day to day manager to Rent Flats, Dundee.

(10) 150 Perth Road (Second Floor) to change of day to day manager to Rent Flats, Dundee.

(11) 125 Perth Road (1/1) to change of day to day manager to Rent Flats, Dundee.

(12) 7 Daniel Place (2/1) to change of day to day manager to Jack Reavley.

(13) 2 Shaftesbury Road to change of day to day manager to Jack Reavley.

(14) 1 Hillbank Road to change of day to day manager to Hillcrest Housing.

(15) Flat 10, 66 Seagate to change of day to day manager to 2 Rent Me Property Management.

(16) 16 Milnbank Gardens to change of day to day manager to Jack Reavley.

(17) 17 Milnbank Gardens to change of day to day manager to Jack Reavley.

(18) 18 Milnbank Gardens to change of day to day manager to Jack Reavley.

(19) 19 Milnbank Gardens to change of day to day manager to Jack Reavley.

(20) 20 Milnbank Gardens to change of day to day manager to Jack Reavley.

(21) 21 Milnbank Gardens to change of day to day manager to Jack Reavley.

(22) 47 Milnbank Road (3/0) to change of day to day manager to Angus Glen Properties.

(23) 259 Blackness Road (3/2) to change of day to day manager to David Short.

(24) 60 Seafield Road to change of day to day manager to Rent Flats, Dundee.

(25) 2 Forebank Road to change of day to day manager to Jack Reavley.

In the case of request Nos 1 to 25, there being no objections, the Committee agreed that they 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.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI OPERATOR - REQUEST FOR VARIATION

There was submitted a request from Mr J J to vary the conditions of his Taxi Operator's Licence.

The Committee, having heard from the applicant on their on behalf, agreed to refuse the request for variation to their Taxi Operator's Licence.

(b) REQUEST FOR EXTENSION OF TIME TO WIND UP ESTATE

The Committee agreed to extend the period to December 2009.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr G McH for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation from Tayside Police relevant to this application.

The Committee, having heard from a representative of Tayside Police, a representative on behalf of the applicant and from the Legal Officer, the Convener, seconded by Councillor Ferguson, moved to grant the application for three months. As an amendment, Councillor Fordyce, seconded by Councillor Andrew Dawson, moved not to grant the application.

Thereafter, there voted for the motion - Bailie Wallace and Councillors Ferguson and Hunter (3); and for the amendment - Councillors Fordyce and Andrew Dawson (2) - whereby the motion was declared carried, granting the licence for three months.

(ii) There was submitted an application by Mr G McN for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation from Tayside Police relevant to this application.

Thereafter, having heard from a representative of Tayside Police, a representative on behalf of the applicant and the Legal Officer, the Committee agreed to refuse the application.

(iii) There was submitted an application by Mr R V S for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation from Tayside Police relevant to this application.

Thereafter, having heard from a representative of Tayside Police, a representative of the applicant and the Legal Officer, the Committee agreed to grant the above application for one year.

(iv) There was submitted an application by Mr A McI for a Taxi Driver's Licence.

The Committee gave consideration to a letter of objection from Tayside Police.

Thereafter, having heard from a representative of Tayside Police, a representative of the applicant and the Legal Officer, the Committee agreed to refuse the above application.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

There was submitted a letter from Tayside Police relevant to the conduct of Mr D P during the currency of his Taxi Driver's Licence.

The Committee, having been informed that the licence holder was not present, agreed to continue the suspension of the licence, and to adjourn the hearing to the October meeting.

(e) REQUEST FOR UPLIFT OF SUSPENSION - TAXI DRIVER

Councillor Fordyce declared a non-financial interest by virtue of knowing the licence holder and left the Chamber for the duration of the debate.

There was submitted a letter from Tayside Police relevant to the conduct of Mr P S during the currency of his Taxi Driver's Licence.

The Committee, having heard from a representative of Tayside Police and from the applicant on their own behalf, agreed not to uplift the suspension on the unexpired portion of their licence.

(f) TAXI DRIVER/TAXI LICENCE - SUSPENSION HEARINGS

Councillor Fordyce returned to the Chamber.

(i) There was submitted a letter from Tayside Police relevant to the conduct of Mr S E during the currency of his Taxi Driver and Taxi Operator's Licence.

The Committee, having heard from a representative of Tayside Police and the applicant on their own behalf, agreed to take no further action.

(ii) There was submitted a letter from Tayside Police relevant to the conduct of Mr S McI during the currency of his Taxi Driver and Taxi Operator's Licence.

The Committee, having heard from a representative of Tayside Police and the licence holder on their own behalf, agreed to issue a Clerk's warning letter.

(g) TAXI OPERATOR'S LICENCE - RENEWAL

There was submitted a letter of objection from the Head of Finance, Dundee City Council relevant to the renewal of Mr F B's Taxi Operator's Licence.

The Committee, having heard from a representative of the Head of Finance and the applicant on their own behalf, agreed to defer the application to the meeting of this Committee on 1st October, 2009, to enable the applicant to provide the requested information to the Finance Department.

Roderick A J WALLACE, Convener.