Licensing Committee - 01/04/2010

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st April, 2010.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

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

The minute of meeting of this Committee of 4th March, 2010 was held as read.

Unless marked thus * all items stand delegated.

I DEPUTATION

It was reported that a late request for a deputation from Dundee Taxi Association relative to Item 2(e) Signs on Taxis and Private Hire Cars had been received.

The Committee agreed to hear the representative on behalf of the deputation for Dundee Taxi Association and also heard the Legal Officer relevant to this deputation. Thereafter, the Committee noted the submission made on behalf of the deputation.

II LICENSING SUB-COMMITTEE - MINUTES OF MEETINGS

The minutes of meetings of the Licensing Sub-Committee held on 26th February and 19th March, 2010, were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) CONSIDERATION OF APPLICATIONS

It was reported that changes to court dates etc had resulted in consideration of applications and requests to suspend licences being deferred on the day of the Committee, resulting in the time of the members, applicants and agents being wasted with applicants also incurring costs for the appearance of agents.

The Committee agreed:-

(i) to note that the Clerk had agreed with Tayside Police that updates would be obtained in the week leading up to each Committee meeting; and

(ii) that the Convener, in consultation with the Depute Chief Executive (Support Services), be authorised to defer consideration of any such applications/hearings, as appropriate, and to advise applicants and agents accordingly.

(b) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted applications had been granted under delegated powers.

Late Hours Catering

Pet Animals

Private Hire Operator

Second Hand Dealer

Skin Piercing and Tattooing

Street Trader

Taxi Drivers

Taxi Operators

Window Cleaner

(c) FEES

The Committee noted that following an exercise conducted by the Director of Finance, there would be no increase in fees in 2010/2011 with the exception of Houses in Multiple Occupation Licences which would be reported to the Committee at a later date.

(d) APPROVED LIST OF ACCESSIBLE VEHICLES - ADDITION TO LIST

It was reported that the Peugeot Partner/Premier presented by Cabs Direct, Glasgow had been assessed by the Plant and Vehicle Officer and the Cabs Enforcement Officer and that having received the appropriate certificate, they had recommended that this vehicle be added to the list of accessible vehicles.

The Committee agreed that consideration of this matter be deferred pending discussion at a meeting of the Taxi Liaison Group.

(e) SIGNS ON TAXIS AND PRIVATE HIRE CARS

There was submitted Report No 197-2010 by the Depute Chief Executive (Support Services) seeking approval for amendments to the conditions attached to Taxi and Private Hire Car Licences regarding the display of the operator's details on the front driver and passenger doors and to introduce a new requirement for private hire cars to display a sign in the prescribed form stating that they are available for advanced booking only.

The Committee agreed:-

(i) to the amendment of Condition 10 of Taxi Licences by substituting the words "DUNDEE TAXI" for the words "the name of the operator of every licensed taxi" in the first line of the second paragraph thereof and the substitution of the word "letters" for the word "names" in the final two sentences of the second paragraph thereof;

(ii) to the amendment of Condition 10 of Private Hire Licences by substituting the words "DUNDEE PHC" for the words "the name of the operator of every licensed private hire car" in the first line of the second paragraph thereof and the substitution of the word "letters" for the word "names" in the final two sentences of the second paragraph thereof and the addition of a third paragraph as follows:- "The holder of a private hire car licence shall display a sign in the prescribed form advertising that the vehicle is for advance booking only. The sign shall be displayed on the outside of the driver's and front passenger's doors below the lettering referred to in the preceding paragraph of this Condition."; and

(iii) that the sign at APPENDIX 1 to the report be approved as the prescribed form for the purposes of Paragraph 2.2 above.

(f) REQUEST FOR VARIATION - SECOND HAND DEALER

There was submitted the undernoted request for variation.

There being no objections, the Committee agreed the request for variation to Condition 5 as submitted.

(g) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2, the Committee noted that the applicants had failed to pass the street test within the prescribed period and agreed that the applications be refused.

(h) TAXI DRIVER'S LICENCE - RENEWALS

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

(i) TAXI AND PRIVATE HIRE BOOKING OFFICE LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 3, 4 and 5, the Committee, having heard a representative on behalf of the applicants, agreed that consideration of these applications be deferred to a future meeting of the Committee.

In the case of Application No 2, the Committee agreed that the application be granted subject to the deletion of Condition No 5 of the standard list of conditions.

(j) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2, the Committee, having heard the Housing Officer and a representative on behalf of the applicants, agreed that the applications be granted.

In the case of Application Nos 3 to 13, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(k) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee gave consideration to letters of objection which had been submitted by members of the public and a letter of support which had been submitted on behalf of the applicants. Thereafter, having heard the Housing Officer, the objectors and an agent on behalf of the applicants and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of one year, subject to the condition that suitable carpeting be installed within three months.

In the case of Application No 2, after having noted that the objector was not present, the Committee gave consideration to the letter of objection which had been submitted by a member of the public.

Thereafter, having heard the Housing Officer and an agent on behalf of the applicant, the Committee agreed that the 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.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION

Reference was made to Article IV(a) of the minute of meeting of this Committee held on 4th March, 2010, wherein the Committee had agreed that Application Nos 1 to 15 which had been submitted for renewal of Houses in Multiple Occupation Licence in relation to Company J be deferred to allow the applicant to provide details of the person who would have management of the properties. The Committee, having heard the Housing Officer, an agent on behalf of the applicant and receiving confirmation of the person who would have management of the properties, and after consideration of the advice of the Legal Officer, agreed that the applications be granted.

(b) SECOND HAND DEALER'S LICENCE - SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Head of Environmental Health and Trading Standards in relation to the alleged conduct of Mr A B during the currency of his Second Hand Dealer's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Environmental Health and Trading Standards Department, an agent on behalf of the applicant, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that a further report be submitted to the Committee when the licence was due for renewal.

(ii) There was submitted a letter of information from the Director of Finance in relation to the alleged conduct of Mr G Mack during the currency of his Second Hand Dealer's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Finance Department, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the licence be suspended with immediate effect until 31st May, 2010.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) There was submitted a letter of information from a member of the public in relation to the fitness of Mr A C to be the holder of a Taxi Driver's Licence.

The Committee agreed that consideration of the matter be deferred to a future meeting to allow the complainant to be in attendance.

(ii) There was submitted a letter of information from Tayside Police in relation to the alleged conduct of Mr J K 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. The Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr J K with immediate effect and that a further suspension hearing be convened at the June meeting of the Committee.

(iii) There was submitted a letter of information from the Occupational Health and Safety Advisory Service in relation to the fitness of Mr D S to be the holder of a Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the licence holder on their own behalf, the representative of Tayside Police, the Clerk and consideration of the advice of the Legal Officer, the Committee agreed to continue suspension of the Taxi Driver's Licence held by Mr D S with immediate effect until 31st May, 2011.

(iv) There was submitted a letter of information from Tayside Police in relation to the alleged conduct of Mr R S 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, the Clerk, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed to recall the immediate suspension of the licence and hold a further suspension hearing in September 2010.

(d) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

There was submitted a letter of information from Tayside Police in relation to the alleged conduct of Mr K L during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police and receiving confirmation that the Procurator Fiscal's office would not be proceeding with this matter, the Committee agreed that no further action be taken.

(e) TAXI AND PRIVATE HIRE BOOKING OFFICE - NEW APPLICATION

There was submitted an application by Company B for a Taxi and Private Hire Booking Office Licence.

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

Roderick A J WALLACE, Convener.