Licensing Committee - 01/03/2012

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st March, 2012.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

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

The minute of meeting of this Committee of 2nd February, 2012 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 2nd February, 2012 and 21st February, 2012 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

II 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

LATE HOURS CATERING - NEW APPLICATION

PRIVATE HIRE OPERATORS - NEW APPLICATION

SECOND HAND DEALER - NEW APPLICATION

SKIN PIERCING AND TATTOOISTS

TAXI DRIVERS - NEW APPLICATIONS

TAXI OPERATORS - NEW APPLICATIONS

(b) AUTHORISED OFFICERS - BENEFIT INVESTIGATION - FINANCE DEPARTMENT

The Committee agreed:-

(i) that the undernoted officers from Benefit Investigation, Finance Department, Dundee City Council be added to the list of officers authorised by the Council to act on its behalf in respect of all licences administered by the Council.

- Kevin Grubb

- Laura Campbell

(ii) that the following officers from Benefit Investigation, Finance Department, Dundee City Council be removed from the list as they were no longer carrying out the duties for which that authority was required.

- Avril Murray

- Donna Telfer

(c) TAXI DRIVERS LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 2 and 4, the Committee noted that these applications had been withdrawn from consideration by the applicants.

In the case of Application Nos 3 and 5, the Committee noted that the applicants were not present, and agreed that the matter be considered in their absence. Thereafter, the Committee noted that the applicants had failed to pass the street test within the prescribed period, and agreed that the applications be refused.

In the case of Application No 6, the Committee noted that the applicant had failed to produce his Unique Tax Reference Number (UTRN). Thereafter, having heard the applicant on his own behalf, and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed to grant an extension until the meeting of 29th March, 2012 to allow the applicant to produce their Unique Tax Reference Number (UTRN).

(d) TAXI OPERATORS LICENCE - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that this application had been withdrawn from consideration by the applicant.

(e) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed to grant the application, subject to a report being submitted by the Housing Department to the Committee after a period of six months on the operation of the licence.

In the case of Application No 2, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application No 3, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed that the application be granted, subject to the Housing Department submitting a report to the Committee in six months' time on the operation of the licence.

In the case of Application Nos 4 to 7, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(f) HOUSES IN MULTIPLE OCCUPATION - UPDATE

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article II(h) of the minute of meeting of this Committee held on 3rd November, 2011, wherein the application was granted, subject to recall in March, 2012, with an update from the Private Sector Services Unit. The Committee heard a representative of the Housing Department and an agent on behalf of the licence holders, and noted that there were no issues in relation to the operation of the premises.

Reference was made to Article II(h) of the minute of meeting of this Committee held on 3rd November, 2011, wherein the application was granted, subject to recall in March, 2012, with an update from the Private Sector Services Unit. The Committee heard the representative of the Housing Department and an agent on behalf of the licence holders and having given consideration to the content of photographic evidence submitted by the agent, agreed to a further report from the Housing Department on the operation of the licence to the Committee in 2012.

(g) HOUSES IN MULTIPLE OCCUPATION - VARIATION

There was submitted the undernoted request for variation.

In the case of this request, reference was made to Article II(h) of the minute of meeting of this Committee held on 3rd November, 2011, wherein the application was granted, subject to a suitable day to day manager being appointed. The Committee heard the representative of the Housing Department and an agent on behalf of the licence holder, and after consideration of the advice of the Legal Officer, agreed that the request 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) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) Reference was made to Article IV(b) of the minute of meeting of this Committee held on 2nd February, 2012, wherein the Committee agreed to grant a temporary licence to Mr G B to allow the applicant to provide their Unique Tax Reference Number (UTRN).

The Committee, having heard the applicant on their own behalf and consideration of the advice of the Clerk, agreed that consideration of the matter be deferred until the meeting of this Committee to be held on 29th March, 2012 to allow the licence holder to submit their Unique Tax Reference Number (UTRN).

(ii) There was submitted an application by Mr A G for a Taxi Driver's Licence.

The Committee gave consideration to the content of a letter of representation which had been submitted by the Chief Constable relevant to this application. Thereafter, the Committee, having heard a representative of Tayside Police, the applicant on their own behalf and consideration of the advice of the Clerk, and receiving confirmation that all supporting information in relation to the Unique Tax Reference Number (UTRN), and that a medical assessment had been received, agreed that the application be granted and in the interim, pending any possible appeal by the Chief Constable, a temporary Taxi Driver's Licence be granted.

(iii) Reference was made to Article IV(b) of the minute of meeting of this Committee held on 2nd February, 2012, wherein the Committee agreed to grant a temporary licence to Mr M M to allow the applicant to provide their Unique Tax Reference Number (UTRN). The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Clerk, and receiving confirmation that all appropriate supporting documentation had now been received, the Committee agreed to grant the licence.

(iv) There was submitted an application by Mr P R for a Taxi Driver's Licence.

The Committee gave consideration of the content of a letter of representation which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and a representative on behalf of the applicant, the Committee agreed to grant a temporary Taxi Driver's Licence, subject to the licence holder submitting their Unique Tax Reference Number (UTRN). In respect of the Unique Tax Reference Number (UTRN), the Committee agreed to the Clerk granting the licence under delegated powers, subject to receipt of the required supporting information.

(v) Reference was made to Article IV(b) of the minute of meeting of this Committee held on 2nd February, 2012, wherein the Committee agreed to grant a temporary Taxi Driver's Licence to Mr G W, subject to the applicant providing their Unique Tax Reference Number (UTRN). The Committee, having heard the Clerk and the applicant on their own behalf, agreed to defer consideration of the matter until 29th March, 2012 to allow the applicant to obtain his Unique Tax Reference Number (UTRN).

(b) TAXI DRIVERS LICENCE - RENEWAL APPLICATION

Reference was made to Article V(c)(vii) of the minute of meeting of this Committee held on 1st September, 2011, wherein the Committee agreed to grant a Taxi Driver's Licence to Mr R R for a period of six months.

The Committee, having heard a representative of the Chief Constable and receiving confirmation that there were no adverse reports to be made in relation to the conduct of Mr R R during the currency of his Taxi Driver's Licence, agreed that no further action be taken.

(c) TAXI OPERATOR'S LICENCE - REQUEST FOR VARIATION

Reference was made to Article III(d) of the minute of meeting of this Committee held on 12th January, 2012, wherein it was agreed to defer consideration of the request by Mr B M to vary the conditions of his Taxi Operator's Licence and to obtain a report from the Plant and Vehicle Officer and OHSAS to submit a report also. The Committee noted that the reports from the Plant and Vehicle Officer and OHSAS were still awaited and agreed, having heard the Clerk, to defer consideration of the matter until the meeting of this Committee to be held on 29th March, 2012.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article III(c)(iii) of the minute of meeting of this Committee held on 3rd November, 2011, wherein it was agreed to a joint consideration of the hearing in relation to the alleged conduct of Mr M F during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard a representative of Tayside Police and consideration of the advice of the Legal Officer, the Committee agreed to further adjourn the hearing until the meeting of this Committee to be held in June, 2012.

(ii) Reference was made to Article I(b) of the minute of meeting of the Licensing Sub‑Committee held on 2nd February, 2012, wherein it was agreed that a suspension hearing be held in relation to the alleged conduct of Mr B J during the currency of his Taxi Driver's Licence.

The Committee gave consideration of the content of the letter of information submitted by the Chief Constable relative to the alleged conduct of Mr B J during the currency of his Taxi Driver's Licence. Thereafter, having heard a representative of Tayside Police and the licence holder on their own behalf, the Committee agreed to take no action at this moment in time and adjourn the hearing until the meeting of this Committee to be held on 6th December, 2012.

(iii) Reference was made to Article III(e) of the minute of meeting of this Committee held on 1st December, 2011, wherein it was agreed to issue Mr D McM, the holder of Taxi Driver's Licence, with a verbal warning and to adjourn the hearing until March, 2012.

The Committee noted that Mr D McM was not present and agreed that the matter be considered in his absence.

The Committee gave consideration of the content of the letter of information submitted by the Chief Constable relative to the alleged conduct of Mr D McM during the currency of his Taxi Driver's Licence.

Thereafter, having heard a representative of the Chief Constable, the Committee agreed that no further action be taken.

(e) TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

Reference was made to Article I(a) of the minute of meeting of the Licensing Sub-Committee held on 12th January, 2012, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr D A during the currency of his Taxi Operator's Licence.

The Committee gave consideration to the content of a letter of complaint submitted by a member of the public relevant to the alleged conduct of Mr D A during the currency of his Taxi Operator's Licence. The Committee noted that the complainer was not present and agreed that the matter be considered in their absence. Thereafter, having heard an agent on behalf of the licence holder, and consideration of a written submission tabled by the agent in support of the licence holder, and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

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

(i) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 23rd January, 2012, wherein the Taxi Driver's Licence held by Mr N McK was suspended with immediate effect and it was agreed that a suspension hearing be held in relation to the alleged conduct of Mr N McK during the currency of his Taxi Driver's and Taxi Operator's Licences.

The Committee gave consideration to the content of the letter submitted by the Chief Constable relative to the alleged conduct of Mr N McK during the currency of his Taxi Driver's and Taxi Operator's Licences. Thereafter, having heard a representative of the Chief Constable, and consideration of additional submissions tabled in support of the licence holder, and receiving confirmation that no further proceedings were being held against the licence holder by the Procurator Fiscal, agreed that no further action be taken.

(ii) Reference was made to Article I(b) of the minute of meeting of this Committee held on 10th January, 2012, wherein it was agreed to adjourn consideration of the hearing to await the outcome of court proceedings and to recall the immediate suspension of the Taxi Driver's Licence held by Mr D M previously imposed.

The Committee gave consideration to the content of a letter submitted by the Chief Constable relative to the alleged conduct of Mr D M during the currency of his Taxi Driver's and Taxi Operator's Licences. The Committee also gave consideration to a letter of support which had been submitted on behalf of the licence holder. Thereafter, having heard a representative of the Chief Constable and receiving confirmation that no further proceedings would be taken by the Procurator Fiscal, the Committee agreed that no further action be taken.

Councillor Stewart Hunter declared a non-financial interest in relation to the undernoted item of business due to a personal approach made to him by the licence holder and left the Chamber during consideration of the matter.

(g) TAXI DRIVER'S LICENCE - REQUEST FOR DISPENSATION

There was submitted Agenda Note AN37-2012, providing background into the medical assessment of Mr O during the currency of his Taxi Driver's Licence and the request received from the licence holder in relation to the recommendation for the need for annual medical assessments.

The Committee gave consideration to the content of correspondence received from OHSAS. The Committee also gave consideration to a written submission tabled by the licence holder in their support. Thereafter, having heard the licence holder on their own behalf, the Clerk, and consideration of the advice of the Legal Officer, the Committee agreed that the request not be granted.

IV ANTI-SOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 - REGISTRATION OF CER

 

(i) There was submitted a letter of information from the Housing Department in relation to the registration of Mr S B as a Private Landlord.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, the licence holder on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed that registration be granted.

 

(ii) There was submitted a letter of information from the Housing Department relative to the registration of Mr S B as a Private Landlord.

 

The Committee noted that the applicant was not present and agreed to defer consideration of the application until the meeting of this Committee to be held on 29th March, 2012 to allow for the applicant to be present.

 

(iii) There was submitted a letter of information from the Housing Department relative to the application by Company C for registration as a Private Landlord.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department and the licence holder on their own behalf, the Committee agreed that registration be granted.

 

(iv) There was submitted a letter of information from the Housing Department relative to the application by Mr G R to be registered as a Private Landlord.

 

The Committee noted that the applicant was not present and agreed that consideration of the matter be deferred until the meeting of this Committee to be held on 29th March, 2012 to allow for the applicant to be present.

 

(v) There was submitted a letter of information from the Housing Department relative to the application by Mr G S to be registered as a Private Landlord.

 

The Committee gave consideration to the content of the letter. The Committee also gave consideration to the content of a letter of support which had been tabled by the agent on behalf of the applicant. Thereafter, having heard a representative of the Housing Department, the Committee agreed that the application for registration be granted.

 

 

 

 

Roderick A J WALLACE, Convener.

 

APPENDIX I

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 2nd February, 2012.

 

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 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 HEARINGS

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr B W and Mr S M during the currency of their Taxi Driver's Licences.

 

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable. Thereafter, having considered the advice of the Legal Officer, the Sub-Committee agreed that suspension hearings be convened at the next meeting of the Licensing Committee on 7th June, 2012.

 

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.

 

(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 B J 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 the representative of the Chief Constable, the Sub-Committee agreed that a suspension hearing be convened at the meeting of the Licensing Committee on 7th June, 2012.

 

 

 

 

Roderick A J WALLACE, Convener.

 

APPENDIX II

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 21st February, 2012.

 

Present:-

 

Bailie Roderick A J WALLACE

 

Councillor Stewart HUNTER

 

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 AND TAXI OPERATOR'S LICENCE - REQUEST FOR SUSPENSION

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A 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 A L be suspended with immediate effect and that a suspension hearing be convened in due course in relation to the fitness of Mr A L to be the holder of a Taxi Driver's Licence and Taxi Operator's Licence.

 

 

 

 

Roderick A J WALLACE, Convener.