Licensing Committee - 29/09/2011
At a MEETING of the LICENSING COMMITTEE held at Dundee on 29th September, 2011.
Present:-
Bailie Roderick A J WALLACE
COUNCILLORS
|
David BOWES |
Craig MELVILLE |
Laurie BIDWELL |
|
Stewart HUNTER |
|
Tom FERGUSON |
Bailie Roderick A J WALLACE, Convener, in the Chair.
The minute of meeting of this Committee of 1st September, 2011 was held as read.
Unless marked thus * all items stand delegated.
I MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE
The minutes of meetings of the Licensing Sub-Committee held on 31st August, 1st September, 13th September and 19th September, 2011, were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II, III and IV.
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS
The Committee noted that the undernoted applications had been granted under delegated powers.
KNIFE DEALER
|
No |
Name |
Address
|
|
1 |
World of Survival |
3 Lintrathen Street |
LATE HOURS CATERING
|
No |
Name |
Address
|
|
1 |
Ilyes Mahmood |
Indian Spice 49 Dura Street |
PUBLIC ENTERTAINMENT
|
No |
Name |
Address
|
|
1 |
Dundee College Board of Management |
Gardyne Campus
|
|
2 |
Dundee City Council Leisure and Communities Department |
Camperdown Park (Date of Event - 4th September, 2011) |
SECOND HAND DEALER
|
No |
Name |
Address
|
|
1 |
Baluniefield Trading Company Ltd |
Ancrum Road Cars 2 Charleston Drive
|
|
2 |
Pinewoods Investments Ltd |
Trade Cars Direct 361 South Road
|
|
3 |
Pinewoods Investments Ltd |
Trade Cars Direct Aqua Car Wash Kingsway West Strathmartine Road
|
|
4 |
Stephen Henderson |
Henderson the Jewellers 1 Union Street |
SKIN PIERCING AND TATTOOING
|
No |
Name |
Address
|
|
1 |
Lee J Connel |
Ink Demons 42-44 Castle Street |
TAXI DRIVER - NEW APPLICATIONS
|
No |
Name
|
|
|
1 |
Graham McGuire |
|
|
2 |
Kenneth McHugh |
|
|
3 |
Ross McWalter |
|
TAXI OPERATOR - NEW APPLICATIONS
|
No |
Name
|
|
|
1 |
Johnathan Campbell |
|
|
2 |
David I Robbins |
|
THEATRE LICENCE - TRANSFER
|
No |
Name |
Address
|
|
1 |
Whitehall Theatre Licence |
Whitehall Theatre Ure Street |
WINDOW CLEANER - NEW APPLICATION
|
No |
Name
|
|
|
1 |
Anthony White |
|
(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
There were submitted the undernoted applications:-
|
No |
Name |
Person Responsible |
Address
|
|
1 |
Lee Chadwick |
West One Properties/ Lee Chadwick |
259E Blackness Road |
|
2 |
TA Investments Ltd |
Rent Flats Dundee/ Shazad Latif |
2/R, 2 Union Street |
|
3 |
Stuart A and Anne E Booth |
|
2/R, 142 Nethergate |
|
4 |
J D Brown Properties Ltd |
1/2, 32 Castle Street |
|
|
5 |
J D Brown Properties Ltd |
1/1, 32 Castle Street |
|
|
6 |
Lawrence Neville |
29 Lytton Street |
|
|
7 |
Carol L Jamieson and Lauren Bulter |
2/1, 2 Forebank Terrace |
|
|
8 |
Roma and Michael J French |
4/2, 84 Commercial Street |
|
|
9 |
Ibrahim D Buksh |
Flat D, 99 Seagate |
|
|
10 |
Gillian R and Steve G Henry |
1/0, 4 Laurelbank |
|
In the case of Application No 1, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.
In the case of Application No 2, the Committee noted that the applicant was not present and, having considered the advice of the Legal Officer, agreed that consideration of the application be deferred to the November meeting of the Committee, to allow the applicant to attend.
In the case of Application No 3, reference was made to Article IV(f)(i) of the minute of meeting of this Committee held on 1st September, 2011, wherein the application was granted subject to confirmation that a suitable day to day manager had been appointed. The Committee, having heard a representative of the Housing Department, and receiving confirmation that a suitable agent had been appointed by the applicant to act as day to day manager, agreed that the application be granted.
In the case of Application Nos 4 to 10, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.
(c) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS
There was submitted the undernoted requests for variation:-
|
No |
Address |
Variation
|
|
1 |
2nd Floor, 53 Taylor's Lane |
Change the day to day manager to Rent Flats Dundee/Shazad Latif.
|
|
2 |
2/1, 37 St Andrew's Street |
Change the day to day manager to Rent Flats Dundee/Shazad Latif.
|
|
3 |
3/0, 68 Peddie Street |
Change the layout plan.
|
|
4 |
1/0, 68 Peddie Street |
Change the layout plan.
|
|
5 |
2/0, 68 Peddie Street |
Change the layout plan.
|
|
6 |
21 Friary Gardens |
Change the day to day manager to Downfield Property Company/Brian Webster.
|
|
7 |
3/2, Blackness Avenue |
Change the day to day manager to Grant Management/Peter Grant.
|
|
8 |
Taymills, 19 Brown Street |
Change the day to day manager to Crosslane Asset Management and Lettings Ltd/Thomas Styles.
|
|
9 |
18 Springfield |
Change the day to day manager to Rossclare Lettings/Neil Thomson.
|
|
10 |
T/L, 10 Garland Place |
Remove the existing day to day manager. This application was deferred from the Licensing Committee held on 30th June and 1st September, 2011 to allow the applicant to attend.
|
|
11 |
T/L, 5 Rustic Place |
To remove the existing day to day manager. This application was deferred from the Licensing Committee held on 30th June and 1st September, 2011 to allow the applicant to attend. |
In the case of Application Nos 1, 2, 6, 7, 8 and 9, there being no objections, the Committee agreed that the applications be granted.
In the case of Application Nos 3, 4 and 5, the Committee, having heard a representative of the Housing Department, and noting that there were no objections, agreed that the applications for variation be granted.
In the case of Application Nos 10 and 11, the Committee, having heard a representative of the Housing Department, the agent on behalf of the applicants, and consideration of the advice of the Legal Officer, agreed that the applications be granted and that a report be submitted to a meeting of this Committee following a period of six months of operation of the licences.
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 LICENCE - NEW APPLICATION
There was submitted an application by Mr I H for a Taxi Driver's Licence. Reference was made to Article IV(b) of the minute of meeting of this Committee held on 2nd June, 2011, wherein the application was refused. The Committee noted that this application had been remitted back to the Committee by the Sheriff for further consideration. The Committee noted that the applicant was not present, and having considered the advice of the Legal Officer, agreed that consideration of the application be deferred to the meeting of this Committee to be held in November 2011, to allow the applicant to attend.
(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS
(i) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 31st August, 2011, wherein the Taxi Driver's Licence held by Mr G A was suspended with immediate effect.
The Committee noted that the licence holder was not present and, having considered the advice of the Legal Officer, agreed to adjourn the hearing to a meeting of this Committee to be held in November 2011, and to continue the suspension of the Taxi Driver's Licence held by Mr G A with immediate effect during the intervening period.
(ii) There was submitted a letter of information from the Head of Accounts and Benefits, Dundee City Council, in relation to the alleged conduct of Mr J A during the currency of his Taxi Driver's Licence.
The Committee gave consideration of the content of the letter. Thereafter, having heard a representative of the Finance Department, and consideration of additional documentation tabled by the Finance Department, and having heard the licence holder on their own behalf, and the Clerk, and after consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing for a period of six months to allow a further report to be submitted by the Finance Department, that the licence holder was meeting with their requirements.
(iii) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D D during the currency of his Taxi Driver's Licence.
The Committee noted that the licence holder was not present, and having heard a representative of Tayside Police, and consideration of the advice of the Legal Officer, agreed to adjourn the hearing to the November meeting of this Committee.
(iv) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Ms M D during the currency of her Taxi Driver's Licence.
The Committee gave consideration of the content of the letter. Thereafter, having heard a representative on behalf of the Chief Constable and the licence holder on their own behalf, the Committee agreed that no further action be taken.
(v) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 2nd June, 2 011, wherein the Taxi Driver's Licence held by Mr M F was suspended with immediate effect. Reference was also made to Article V(g)(iv) of the minute of meeting of this Committee held on 1st September, 2011, wherein it was agreed to adjourn the hearing to 29th September, 2011 and to continue the immediate suspension during the intervening period.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M F during the currency of his Taxi Driver's Licence.
There was also submitted a letter of support from Mr M F's solicitor in support of the licence holder.
The Committee gave consideration to both documents. Thereafter, having heard a representative of Tayside Police, 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 the Taxi Driver's Licence held by Mr M F and to adjourn the hearing on a monthly basis thereafter at each meeting of this Committee, to allow court proceedings to be concluded.
The Committee also agreed to grant the application submitted by Mr M F for renewal of his Taxi Driver's Licence.
(vi) There was submitted a letter of information from the Environmental Compliance Manager in relation to the alleged activity of Mr B G during the currency of his Taxi Driver's Licence.
The Committee gave consideration of the content of the letter. Thereafter, having heard the Environmental Compliance Manager, an agent on behalf of the licence holder, the licence holder on their own behalf, and consideration of the advice of the Legal Officer, agreed that no further action be taken.
(vii) There was submitted a letter of information from the Head of Accounts and Benefits relevant to the alleged conduct of Mr G McH during the currency of his Taxi Driver's Licence.
The Committee gave consideration of the content of the letter and further documentation which had been tabled by the Finance Department. Thereafter, having heard a representative of the Finance Department, 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 meeting of this Committee to be held in December 2011, to allow for payments to be concluded to the satisfaction of the Finance Department.
(viii) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 13th September, 2011, wherein the Taxi Driver's Licence held by Mr D M was suspended with immediate effect.
The Committee gave consideration to a letter of information from the Chief Constable relevant to the alleged conduct of Mr D M during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter of support from the licence holder's partner and the letter from the Crown Office, both of which were tabled by the agent on behalf of the licence holder. Thereafter, having heard a representative of Tayside Police, an agent on behalf of the licence holder, and consideration of the advice of the Legal Officer, the Convener, seconded by Councillor Bowes, moved that the Taxi Driver's Licence held by Mr D M be reinstated and that a written warning be issued to the licence holder as to his future conduct. As an amendment, Councillor Melville, seconded by Councillor Hunter, moved that the Taxi Driver's Licence held by Mr D M be reinstated and that no further action be taken. On a division, there voted for the motion - the Convener, Councillors Bowes, Bidwell and Ferguson (4); and for the amendment - Councillors Hunter and Melville (2) - whereupon the motion was declared carried.
(ix) Reference was made to Article V(c)(viii) of the minute of meeting of this Committee held on 1st September, 2011, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr J S during the currency of his Taxi Driver's Licence.
The Committee gave consideration of the content of the letter submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable, and the licence holder on his own behalf, the Committee agreed to further adjourn the hearing for a period of six months to allow a report to be submitted to the Committee in relation to the conduct of the licence holder. The Committee noted that application was also made for renewal of the Taxi Driver's Licence held by Mr J S and agreed that this application be granted.
(x) Reference was made to Article IV(d)(vi) of the minute of meeting of this Committee held on 3rd February, 2011, wherein the Taxi Driver's Licence held by Mr T S was suspended with immediate effect for the duration of his licence. The Committee noted that Mr T S had submitted an application for renewal of his Taxi Driver's Licence in May 2011, and as such, a further medical request was made to OSHAS, a copy which was submitted for consideration of the Committee.
The Committee noted that the applicant was not present and, having considered the advice of the Legal Officer, agreed to adjourn the hearing to the meeting of this Committee to be held in December 2011.
Roderick A J WALLACE, Convener.
APPENDIX I
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 31st August, 2011.
Present:-
Bailie Roderick A J WALLACE
Councillor David BOWES
Councillor Laurie BIDWELL
Bailie Roderick A J WALLACE, Convener, in the Chair.
Unless marked thus * all items stand delegated.
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.
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.
I CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION
There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr G A during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable.
Thereafter, having heard a 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 G A be suspended with immediate effect and that a hearing be held at the meeting of the Licensing Committee on 29th September, 2011 in relation to the fitness of Mr G A to be the holder of a Taxi Driver's Licence.
Roderick A J WALLACE, Convener.
APPENDIX II
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 1st September, 2011.
Present:-
Bailie Roderick A J WALLACE
Councillor Stewart HUNTER
Councillor Tom FERGUSON
Bailie Roderick A J WALLACE, Convener, in the Chair.
Unless marked thus * all items stand delegated.
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.
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 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.
I CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI DRIVER'S LICENCE - REQUEST FOR HEARING
There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr B G during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter submitted by the Environmental Compliance Manager. Thereafter, the Sub-Committee agreed that a suspension hearing be convened at the next meeting of the Licensing Committee on 29th September, 2011.
(b) TAXI DRIVER'S LICENCE - REQUEST FOR HEARING
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J R during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, the Sub-Committee agreed that a suspension hearing be convened at the meeting of the Licensing Committee on 11th January, 2012.
Roderick A J WALLACE, Convener.
APPENDIX III
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 13th September, 2011.
Present:-
Councillor Stewart HUNTER
Councillor Elizabeth F FORDYCE
Councillor Laurie BIDWELL
Councillor Stewart HUNTER, Vice-Convener, in the Chair.
Unless marked thus * all items stand delegated.
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.
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.
I CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION
There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr D M during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable.
Thereafter, having heard a 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 D M be suspended with immediate effect and that a hearing be held at the meeting of the Licensing Committee on 29th September, 2011 in relation to the fitness of Mr D M to be the holder of a Taxi Driver's Licence.
Stewart HUNTER, Vice-Convener.
APPENDIX IV
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 19th September, 2011.
Present:-
Bailie Roderick A J WALLACE
Councillor Dave BOWES
Councillor Tom FERGUSON
Bailie Roderick A J WALLACE, Convener, in the Chair.
Unless marked thus * all items stand delegated.
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.
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.
I CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION
There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr S W during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable.
Thereafter, having heard a representative of the Chief Constable, the Sub-Committee agreed that the Taxi Driver's Licence held by Mr S W be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr S W to be the holder of a Taxi Driver's Licence.
Roderick A J WALLACE, Convener.