Licensing Sub-committee - 26/01/2010
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 26th January, 2010.
APPENDIX II
Present:-
Bailie Roderick A J WALLACE
Councillor Andrew DAWSON
Councillor Tom FERGUSON
Bailie Roderick A J WALLACE, Convener, in the Chair.
Unless marked thus * all items stand delegated.
The Sub-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.
The Convener 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.
I CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI DRIVER'S LICENCE AND TAXI OPERATOR'S LICENCE - REQUEST FOR IMMEDIATE SUSPENSION
There was submitted a letter of complaint from the Chief Constable relative to the alleged conduct of Mr E L during the currency of his Taxi Driver's Licence and Taxi Operator's Licence.
The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, having heard the representative of the Chief Constable, and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the Taxi Driver's Licence held by Mr E L be suspended with immediate effect and that a Suspension Hearing be held in due course in relation to the fitness of Mr E L to be the holder of a Taxi Driver's Licence and Taxi Operator's Licence. No action would be taken in relation to the Taxi Operator's Licence held by Mr E L in the intervening period.
Roderick A J WALLACE, Convener.
APPENDIX III
TAXI AND PRIVATE HIRE CAR BOOKING OFFICE LICENCE
CONDITIONS
PART 1
1. A record shall be kept of every booking for the hire of a relevant vehicle taken at the relevant premises;
2. The record provided for by Condition 1 above shall contain -
(a) the registration number of the vehicle which was hired as the result of a booking taken at the relevant premises; and
(b) the name of its driver at the time of that hire.
3. The holder of the licence shall take all reasonable steps to ensure that any booking taken at the relevant premises from a member of the public for the hire of a relevant vehicle results in the hire of a vehicle which is -
(i) a relevant vehicle; and
(ii) being driven by a person who holds a licence granted under Section 13 of the Act and that licence is in effect.
PART 2
4. The licence holder or a person nominated by them, must be in charge of the premises at all times whilst being used for taking bookings.
5. The licence holder shall take reasonable steps to ensure that the premises are covered by a policy of Third Party Liability Insurance with a reputable company and shall exhibit to the Council, on or within 24 hours of demand, evidence that the premiums in respect of such policy have been timeously paid.
6. The licence holder shall take reasonable steps to ensure that the relevant premises are not used for any illegal purpose.
7. The licence holder shall produce a policy or procedure for dealing with complaints from members of the public in relation to the use of premises for taking bookings for relevant vehicles and from persons whose bookings have not been accepted or fulfilled. The licence holder shall take all reasonable steps to ensure that all staff are aware of this policy or procedure. The licence holder shall keep a record of all complaints made and how they were dealt with.
8. The licence holder shall not ask or knowingly allow the driver or operator of a taxi or private hire car made available for hire from the relevant premises to do anything which would result in him/her committing a breach of the conditions attached to their licence.
9. The records detailed in Conditions 1, 2, 10 and 11 may be kept electronically, but the licence holder shall ensure that there is a facility available for providing a printed extract upon or within 24 hours of request by an authorised officer of the Council or a Constable. Such records shall be retained for at least one year.
10.(1) The licence holder shall keep at the premises specified in this licence a record, containing the particulars set out in paragraph (2), of each taxi or private hire car which is available to him for carrying out bookings accepted by them at those premises.
(2) In relation to each vehicle the particulars referred to in paragraph (1) are -
(a) the make, model and colour;
(b) the registration mark.
11.(1) The licence holder shall keep at the premises specified in this licence a record, containing the particulars set out in paragraph (2), of each driver who is available to them for carrying out bookings accepted by them at those premises.
(2) In relation to each driver the particulars referred to in paragraph (1) are:-
(a) his surname, forenames, address and date of birth;
(b) the date on which he became available to the licence holder; and
(c) the date on which he ceased to be so available.
12. The records detailed in Conditions 10 and 11 above shall be regularly updated and any variation which requires to be made to the said records shall be recorded within a period of two working days of the information coming to the knowledge of the licence holder.
13. The licence holder shall take all reasonable steps to ensure that only relevant vehicles licensed by a licensing authority under the Civic Government (Scotland) Act 1982 operate from the premises, and that such vehicles are operated within the terms and conditions of their individual licences.