Licensing Committee - 04/11/2010

At a MEETING of the LICENSING COMMITTEE held at Dundee on 4th November, 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 30th September, 2010 was held as read.

Unless marked thus * all items stand delegated.

I DEPUTATION

It was reported that a request for a deputation relative to Article IV(d) Taxi Fares had been received from Dundee Taxi Association.

The Committee heard the representative on behalf of the Dundee Taxi Association.

II LICENSING COMMITTEE - CHANGE OF MEMBERSHIP

Reference was made to Article III of the minute of meeting of the City Council held on 25th October, 2010, wherein the resignation of Councillor Andy Dawson, Depute Convener and member of the Licensing Committee, was reported.

The Committee agreed to note that the Council had agreed that the Depute Convener position be filled by Councillor Stewart Hunter and that the vacancy on the Committee be filled by Councillor Craig Melville, a trained substitute.

The Committee also agreed to note the Council had agreed that Councillor Bob Duncan be appointed to fill the vacancy created for a trained substitute.

III MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 30th September, 2010 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an appendix.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

PRIVATE HIRE OPERATOR

SECOND HAND DEALERS

SKIN PIERCING AND TATTOOISTS

STREET TRADER

TAXI DRIVERS

TAXI OPERATORS

(b) TAXI FARES

Reference was made to Article II(b) of the minute of meeting of this Committee of 2nd September, 2010, wherein it was agreed that the fares for taxis be varied as follows:-

Initial Charge

Amended from 2.40 for the first 704 yards or 169 seconds of waiting time to 3 for the first 1,204 yards.

Additional Yardage

Up to the first mile - for each 250 yards or 60 seconds of waiting time or part thereof - 20p (no change). After the first mile - yardage reduced to 233 yards or part thereof for 20p.

Festive Period

No change to existing tariffs or yardage.

There was submitted Agenda Note AN138-2010 reporting that the proposals were advertised and four representations had been received.

In addition, the City Development Department had intimated that they had contacted both a meter company down south and 123 (formerly DIS) in Old Glamis Road, Dundee regarding the proposal which was to move the initial charge yardage from 704 yards to 1,204 yards for a cost of 3.00. The yardage would be 250 yards or part thereof for a charge of 20p until the mile stage then 233 yards or part thereof thereafter. The meter companies had confirmed that this request was not specific enough and was open to interpretation as the request should have been for either 2 or 3 units of 250 yards or part thereof after the initial charge as the unit could be either a combination of distance and/or time. The current distances would be 1,204, 1,454, 1,704, 1,954 etc. The meter company would require to know at what yardage the meter change to the 233 yards tariff takes place.

It was reported that one option would be to amend the initial distance to 1,294 yards for 3.00 and go straight to the 233 yards after the initial charge which would have the desired effect of having the charge for the one mile distance of 3.40 eg 3.00 + 20p + 20p (1,294 yards + 233 yards + 233 yards). The benefit of this would be that the road test would be dramatically reduced and would require less distance poles to be located on the test routes and it may be that the current test sites could be amended to reflect this proposal without requiring to find a new test site which can cater for over one mile.

It was further reported that Dundee Contract Services had confirmed that, should the yardage remain as proposed, the existing test sites would need to be abandoned as the yardage could not be accommodated. A new site at Coupar Angus Road/Liff Road had been identified but this would mean that the test for new, existing or replacement vehicles would be increased from 1 hour 15 minutes to 1 hour 30 minutes and the fee would also have to rise to reflect this. Apart from the environmental factors, the resource implications of this change would also mean an increase in the retesting and bulk meter testing fees, with the possibility of charges having to be imposed for other testing station services currently provided free of charge to the trade. The amended yardages outlined by City Development could be accommodated at Dunsinane Avenue without any significant increase to the time taken for the test although, to avoid works entrances and road junctions, none of the existing markers could be used. New markers would need to be positioned.

A copy of the original Report No 389-2010 by the Director of City Development was also submitted.

The Committee had regard to the submissions made by the Deputation referred to at Article I above and gave consideration to the content of Agenda Note AN138-2010 and Report No 389‑2010 by the Director of City Development on the review of taxi fares. Thereafter, the Committee gave consideration to the content of the four representations which had been received and, having heard Jan Goodall, on behalf of Margaret Hume, Dundee Celebrate Age Network Forum, and Susan Gibb on behalf of Morna Wilson of Dundee Voluntary Action, and noting that the remaining members of the public who had submitted representations, namely, Philip Dowden and Agnes Wilson of Age Concern were not present, and, having heard the Head of Transportation, the Plant and Vehicle Officer, the Clerk, and consideration of the advice of the Legal Officer, agreed:-

(i) that the increase outlined in Paragraph 3.11 of Report No 389-2010 be approved;

(ii) that a short-term officer working group be established to consider the formula operated by Glasgow City Council on the review of taxi fares and that the outcome of that working group be reported to a meeting of the Taxi Liaison Group for consideration; and

(iii) to note the process which would now be activated as a result of the Committee decision, including notification to all individuals who had previously been consulted on the initial report on the review of taxi fares, including all taxi operators and taxi drivers, and the availability of a right of appeal to the Traffic Commissioners.

(c) STREET TRADER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee gave consideration to a letter of support submitted by the applicant, requesting a variation to Conditions 9 and 10. Thereafter, the Committee, having heard the applicant on their own behalf, and consideration of the advice of the Clerk and the Legal Officer, agreed that the application be granted and that the Conditions 9 and 10 be varied at the location applied for during the month of December 2010 only.

(d) TAXI DRIVERS LICENCE NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having noted that the applicant had failed to pass the street test within the prescribed period, the Committee agreed that the application be refused.

(e) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 8, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application Nos 9 to 15, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

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.

V ANTI-SOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 - REGISTRATION OF CERTAIN LANDLORDS

There was submitted an application by Mr H C for registration as a landlord.

The Committee gave consideration to a letter of objection which had been submitted by the Private Sector Services Manager relevant to this application. Thereafter, having heard the Private Sector Services Manager and noting that there had been a request from an agent on behalf of the applicant that the matter be deferred, the Committee agreed that the matter be deferred.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) ITINERANT METAL DEALER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr C B for an Itinerant Metal Dealer's Licence.

The Committee gave consideration to a letter of objection which had been submitted on behalf of the Chief Constable relevant to this application. Part of the objection referred to convictions which were spent in terms of the Rehabilitation of Offenders' Act 1974 and the Committee, having heard their age and nature, agreed that they be considered since justice could not otherwise be done.

Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the applicant, and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

Councillor Tom Ferguson declared a non-financial interest in the undernoted matter by virtue of the licence holder being known to him in a personal capacity and left the Chamber prior to its consideration.

(b) METAL DEALER/SECOND HAND DEALER LICENCE - SUSPENSION HEARING

There was submitted a letter of information by the Chief Constable relevant to the alleged conduct of Mr M P during the currency of his Metal Dealer/Second Hand Dealer's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard an agent on behalf of the licence holder, a representative of the Chief Constable, and consideration of the advice of the Legal Officer, the Committee agreed to issue a warning as to the licence holder's future conduct and take no further action. The Committee also agreed that renewal of the licences be granted.

(c) PRIVATE HIRE OPERATOR'S LICENCE - SUSPENSION HEARING

Councillor Tom Ferguson re-entered the Chamber prior to consideration of this matter.

There was submitted a letter of information relevant to the alleged conduct of Company B during the currency of their Private Hire Operator's Licence.

The Committee gave consideration to the letters of complaint which had been submitted by members of the public and noted that the complainers were not present. Thereafter, having heard the representatives on behalf of the company, and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that no further action be taken.

(d) TAXI DRIVER'S LICENCE - RENEWAL

Reference was made to Article III(b) of the minute of meeting of this Committee held on 2nd September, 2010, wherein consideration of the complaint was deferred to await the outcome of Court proceedings. The Committee noted that this licence was initially granted for a period of six months.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Ms S G during the currency of her Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the licence holder on her own behalf, and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed to renew the licence until 31st December, 2010.

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article I(b) of the minute of meeting of Licensing Sub‑Committee held on 29th July, 2010, wherein the Taxi Driver's Licence held by Mr G A was suspended with immediate effect. Further reference was made to Article III(b)(i) of the minute of meeting of this Committee held on 2nd September, 2010, wherein the Committee agreed to continue the hearing to await the outcome of ongoing investigations.

There was submitted a letter of information on behalf of the Chief Constable relevant to the alleged conduct of Mr G 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 the Chief Constable, an agent on behalf of the licence holder, and consideration of the advice of the Legal Officer, the Committee agreed to recall the immediate suspension of his licence, to issue him with a verbal warning as to his future conduct and thereafter, to take no further action.

(ii) There was submitted a letter of information on behalf of the Chief Constable relevant to the alleged conduct of Mr M C 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 the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to postpone the hearing until April 2011.

(iii) Reference was made to Article IV(c)(ii) of the minute of meeting of this Committee held on 30th September, 2010, wherein the hearing in relation to the alleged fitness of Mr A D to be the holder of a Taxi Driver's Licence was postponed at the request of the licence holder's Solicitor. The Committee noted that the Taxi Driver's Licence held by Mr A D had been suspended with immediate effect on 16th June, 2010, as OHSAS had reported that he no longer met Group 2 standards. Reference was also made to Article I(a)(ii) of the minute of meeting of this Committee held on 9th July, 2010, wherein the Committee agreed to continue the suspension and hold a hearing on 2nd September, 2010, where Mr A D was to submit a Consultant's report. This hearing had been postponed until 30th September, 2010 at the request of Mr A D's Solicitor.

There was submitted a letter from OHSAS relative to the fitness of Mr A D to be the holder of a Taxi Driver's Licence. There was also submitted a Consultant's report on behalf of Mr A D.

The Committee gave consideration to the content of both submissions. Thereafter, having heard the Clerk, an agent on behalf of the licence holder, and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing to the December meeting of the Committee to allow further discussions with OHSAS and that, in the meantime, the licence continue to be suspended with immediate effect.

(iv) There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr D McC during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Environmental Compliance Manager, the licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing for a period of one month to allow payment of their outstanding Fixed Penalty Notice to be made.

(v) There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr F McK during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Environmental Compliance Manager, and the licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing for a period of one month to allow payment of their outstanding Fixed Penalty Payment Notice to be made.

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

Reference was made to Article IV(g)(i) of the minute of meeting of this Committee held on 1st July, 2010, wherein it was agreed that consideration of the complaint from the Environmental Compliance Manager relevant to the alleged conduct of Mr B A during the currency of his Taxi Driver's and Taxi Operator's Licence be deferred to allow the licence holder to enrol on an approved smoking cessation course.

There was submitted a copy of the original letter of complaint from the Environmental Compliance Manager, together with a report from the smoking cessation services.

The Committee gave consideration of the content of both submissions. Thereafter, having heard the Environmental Compliance Manager, and the licence holder of their own behalf, the Committee agreed that no further action be taken.

Roderick A J WALLACE, Convener.