Licensing Committee - 03/12/2009

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

 

Present:-

 

Bailie Roderick A J WALLACE

 

 

 

COUNCILLORS

 

Andrew DAWSON

Laurie BIDWELL

Tom FERGUSON

Stewart HUNTER

 

Helen DICK

 

Bailie Roderick A J WALLACE, Convener in the Chair.

 

The minute of meeting of this Committee of 5th November, 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 18th and 20th November, 2009 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) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

 

The Committee noted the applications which had been granted under the delegated powers as follows:-

 

Late Hours Catering

 

No

Name

Address of Premises

 

1

Margaret Akhtar

102 Nethergate

2

Cheng K Chen

112 Lochee Road

3

Sanat Ghatak

67 Perth Road

 

Private Hire Operators

 

No

Name

 

1

Touseef Ahmed

2

John Drummond

3

Stephen Gilham

4

Francis Sloan

 

Second Hand Dealers

 

No

Name

Address of Premises

 

1

Ancrum Electronics Ltd/

David Urquhart

28 Tannadice Street

2

Michelle Carroll

256A Hilltown

 

Skin Piercing and Tattooing

 

No

Name

Address of Premises

 

1

Cameron Stewart

39 Dock Street

2

Beatriz Villacorta

10 Westport

 

Taxi Drivers

 

No

Name

 

1

Francis Bell

2

Brian Craik

3

Ross Hanna

4

Irene Stewart

 

Taxi Operators

 

No

Name

 

1

David Allan

2

Hugh Dempsey

3

John Esson

4

Alison Fraser

5

Thomas Sandeman

6

Francis Sloan

 

(b) LATE HOURS CATERING - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Address

Hours of Opening

 

1

Agreeg Al-Khajafi

31 Union Street

Dundee

Mondays to Fridays 11pm to 2am and Saturdays and Sundays 11pm to 2.30am.

 

In the case of this application, the Committee, having heard a representative of the Waste Management Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Convener, seconded by Councillor Andrew Dawson, moved that the application be deferred to the next meeting of the Committee to allow all outstanding issues to be resolved to the satisfaction of the Waste Management Department.

 

As an amendment, Councillor Helen Dick, seconded by Councillor Laurie Bidwell, moved that the application not be deferred.

 

On a division, there voted for the motion - the Convener, Councillors Andrew Dawson, Hunter and Ferguson (4); and for the amendment - Councillors Bidwell and Dick (2) - whereupon the motion was declared carried and the application was deferred.

 

(c) TEMPORARY SECOND HAND DEALER'S LICENCE - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Address of Premises

Type of Goods

 

1

Gold Star Trading Associates Ltd/

t/a Cash Your Gold/

Charles Oliver

Suite 154

17 Union Street

Jewellery consisting wholly or partly of gold, silver and/or platinum. Other articles consisting wholly or partly of said metals and other quality second hand goods.

 

In the case of this application, the Committee noted that the applicant had also requested a variation to Conditions 1(a) and 10. Thereafter, having heard the applicant on their own behalf, a representative of Tayside Police and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted. In respect of the request for variation to Conditions 1(a) and 10, the Committee noted the advice of the Legal Officer that only condition 1(a) needed to be amended and the licence was varied accordingly.

 

(d) APPLICATION FOR TAXI DRIVER'S LICENCE - RENEWAL

 

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

 

No

Name

 

1

Gareth McHugh

 

(e) REQUEST FOR VARIATION - PRIVATE HIRE OPERATOR

 

There was submitted a request for variation from Steven Gilham to allow tinted windows.

 

There being no objections, the Committee agreed that the request for variation be granted in respect of the vehicle to which the licence related.

 

(f) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Address

 

1

Elizabeth T and Anthony J McDonald

3 Fyffe Street (G/1)

2

Helen S Angell-Preece/Lee Chadwick

25 Seymour Street

3

Richard M Bailey

10 Barrack Road (B/2) Garland Place

4

Richard M Bailey

11 Morgan Place (1/1)

5

Richard M Bailey

1 Raglan Street (2/0)

6

Richard M Bailey

62 Peddie Street (3/0)

7

Richard M Bailey

10 Barrack Road (1/1) Garland Place

8

Richard M Bailey

32 Springhill

9

Robert P Allan/Helen L Allan

281 Perth Road

10

West One Properties (UK) Ltd

2 Blinshall Street (Flat 23) Campus Apartments

11

Richard M Bailey

250 Blackness Road (3/2)

12

Esme C McDonald

43 Union Street (3/2)

13

Louise T Kay

17 Larch Street

14

Robert A Thomson

45 Commercial Street

 

In the case of Application No 1, 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 No 2, the Committee noted that a letter of objection which had been submitted by a member of the public had been withdrawn from consideration. Thereafter, having heard a representative of the Housing Department and a representative on behalf of the applicant, the Committee agreed that the application be granted.

 

In the case of Application Nos 3 to 14, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

 

(g) HOUSES IN MULTIPLE OCCUPATION - RENEWAL

 

There was submitted the undernoted application.

 

No

Name

Address

 

1

Marie T and Paul Garvey

344 Perth Road (2/1)

 

In the case of this application, the Committee noted that a letter of objection had been submitted by a member of the public and that the objector was not present. The Committee noted that a letter of support had also been submitted. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf, and consideration of the content of the letter of objection and letter of support and the advice of the Legal Officer, the Committee agreed that the application be granted.

 

(h) HOUSES IN MULTIPLE OCCUPATION - REQUESTS FOR VARIATION

 

There were submitted the undernoted requests for variation:-

 

(1) 52 Seafield Road to change of day to day manager to 2 Rent Me Property Management Ltd.

 

(2) 38 Seafield Road to change of day to day manager to 2 Rent Me Property Management Ltd.

 

(3) Flat 2, 30 Perth Road to change to day to day manager to Robertson Property Management.

 

(4) (2/1) Victoria Chambers, 10 Victoria Road to change of day to day manager to J & E Shepherd.

 

(5) (3/2) Victoria Chambers, 10 Victoria Road to change of day to day manager to J & E Shepherd.

 

(6) 13 Panmure Street (3/L) to change of day to day manager to Easylets Ltd.

 

(7) 4 Gowrie Street (1/2) to change of day to day manager to Easylets Ltd.

 

In the case of Request Nos 1 to 7, the Committee noted that there were no objections to these requests and that after hearing a representative of the Housing Department, the Committee agreed that the requests 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) REQUESTS FOR EXTENSION OF TIME TO WIND UP ESTATE

 

(i) It was reported that a further request had been received from the Executor of the late J B for extension to the three month period.

 

The Committee, having heard the Clerk, agreed that a further extension be granted until 31st May, 2010, when it was noted that the licence would then expire.

 

(ii) It was reported that a further request had been received from the Executor of the late S M for extension to the three month period.

 

The Committee, having heard the Clerk, agreed that a further extension be granted until 31st May, 2010, when it was noted that the licence would then expire.

 

(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 D A during the currency of his Taxi Driver's Licence.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police who advised that no further proceedings were being taken against the licence holder, agreed that no further action be taken in relation to the licence held by Mr D A and that the suspension be removed with immediate effect.

 

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

 

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police who advised that no further proceedings were being taken against the licence holder, and an agent on behalf of the applicant, agreed that no further action be taken in relation to the Taxi Driver's Licence held by Mr A G and that the suspension be removed with immediate effect.

 

 

 

 

Roderick A J WALLACE, Convener.