Licensing Committee - 29/07/2010

At a MEETING of the LICENSING COMMITTEE held at Dundee on 29th July, 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 9th July, 2010 was held as read.

Unless marked thus * all items stand delegated.

I DEPUTATIONS

It was reported that requests for deputations relative to Article II (Review of Taxi Fares) had been received from the following organisations:-

(i) Dundee Taxi Association

(ii) Unite the Union

(iii) 505050 Taxis (on behalf of all taxi offices)

The Committee heard from representatives on behalf of the deputations listed at (i) to (iii).

II REVIEW OF TAXI FARES

There was submitted Report No 389-2010 by the Director of City Development on the Review of Taxi Fares following a written request from the Dundee Taxi Association and the Unite Union.

The Committee gave consideration to the requested taxi fares increase and the comments submitted by the Head of Transportation on behalf of the Director of City Development in relation to this request. Thereafter, the Committee agreed:-

(i) not to agree any increase at this stage and to undertake a broader consultation in terms of Section 17 of the Civic Government (Scotland) Act 1982 by seeking the views of all Taxi Operators and Private Hire Car Operators who had taxi meters to establish the consensus of opinion on the review of taxi fares; and

(ii) that, the Head of Transportation, City Development Department be remitted to bring forward a report to the next meeting of the Taxi Liaison Group which would review the methodology for the calculation of taxi fares and providing proposals for the simplification of the process for future fares reviews.

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 DRIVER'S/PRIVATE HIRE CAR LICENCES - SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S B during the currency of his Taxi Driver's Licence and Private Hire Car Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police, and receiving confirmation that court proceedings were still ongoing, and having heard the Clerk, the licence holder on their own behalf and representatives on behalf of the licence holder, and consideration of the advice of the Legal Officer, the Committee agreed to continue suspension of the Taxi Driver's Licence held by Mr S B with immediate effect and that a fresh suspension hearing be convened in relation to the fitness of Mr S B to be the holder of a Taxi Driver's Licence at the meeting of the Licensing Committee to be held on 2nd September, 2010 and that no further action be taken in relation to the Private Hire Car Licence held by Mr S B.

(b) TAXI DRIVER'S LICENCES - SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Environmental Compliance Manager in relation to the alleged conduct of Mr E C during the currency of his Taxi Driver's Licence. A copy of the Certificate of Execution of Charge of 20th April, 2010, which was issued by Sheriff Officers, was also submitted. The Committee gave consideration to the content of both documents. Thereafter, having heard the Legal Officer and the Clerk, and having received confirmation that the fixed penalty notice referred to had been paid, and having heard the licence holder on their own behalf, the Committee agreed that no further action be taken and that the licence holder be issued with a warning in relation to future conduct.

(ii) There was submitted a letter of information from Tayside Police relevant to the alleged conduct of Mr D L 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 licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr D L with immediate effect and that a fresh hearing in relation to the fitness of Mr D L to be the holder of a Taxi Driver's Licence be convened at the meeting of the Licensing Committee to be held on 2nd September, 2010.

Roderick A J WALLACE, Convener.