Licensing Committee - 07/06/2012

At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th June, 2012.

 

Present:-

 

COUNCILLORS

 

John ALEXANDER

David BOWES

Laurie BIDWELL

Jimmy BLACK

Stewart HUNTER

Tom FERGUSON

 

Mohammed ASIF

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 29th March, 2012 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DEPUTATIONS

 

It was reported that deputations relevant to Article V(h) Use of City Square - Application from Scottish Defence League had been received from the following organisations:-

 

(a) Dundee TUC

 

(b) Tayside Fire Brigade Union

 

(c) Public and Commercial Services Union (Dundee Branch)

 

(d) Peoples' Charter

 

The Committee heard the deputations, apart from the Tayside Fire Brigade Union, who were not present.

 

II LICENSING SUB-COMMITTEE - ESTABLISHMENT

 

There was submitted Agenda Note AN82-2012 reporting that the Committee may wish to set up a Licensing Sub-Committee.

 

The Licensing Sub-Committee would comprise three members of the Licensing Committee on the basis of two members of the Administration and one member of the Labour Group. The powers of the Sub-Committee would be to:-

 

(i) decide whether or not to suspend a licence with immediate effect on the grounds of there being a serious threat to public order or public safety and that in the event that a licence was so suspended, it would only be until such time as the matter had been dealt with at a further hearing under Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982, which must be held within six weeks of the date of the initial suspension and to which all members of the Committee would be invited to attend; and

 

(ii) decide whether or not a suspension hearing should be held by the Licensing Committee following consideration and receipt of information relative to the conduct of any licence holder.

 

The Committee agreed to the establishment of the Licensing Sub-Committee on the terms as outlined in the note.

 

III TAXI LIAISON GROUP - RECONSTITUTION

 

Reference was made to Article IV of the minute of meeting of this Committee held on 31st March, 2011, wherein it was agreed that elected members no longer be members of the Taxi Liaison Group or attend any of the meetings of the Group.

 

There was submitted Agenda Note AN83-2012 reporting that the Committee would wish to set up a Taxi Liaison Group.

 

The Group would discuss issues of mutual interest to the Trade and the Council, as licensing authority, and the Group minutes would be submitted to the Licensing Committee for information. The Group would be prohibited from discussing individual applications for licences. The Group could be attended by relevant officers of Dundee City Council, Tayside Police and representatives of the Taxi Trade.

 

The Committee agreed to the reconstitution of the Taxi Liaison Group on the terms as outlined in the note.

 

IV LICENSING SUB-COMMITTEE - MINUTES OF MEETINGS

 

The minutes of meetings of the Licensing Sub-Committee held on 29th March, 2012 and 2nd May, 2012, were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

 

V 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 DEALERS - NEW APPLICATIONS

 

No

Name

Address

 

1

Blacks Outdoor Retail Ltd

47/49 Commercial Street

 

PRIVATE HIRE DRIVER - NEW APPLICATION

 

No

Name

 

1

Adam S Pyrek

 

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

 

No

Name

 

1

Dundee Private Hire 203020 Ltd (x 3)

2

Harry Furey

3

Kindertons Ltd

4

Proximo Ltd

5

Adam S Pyrek

 

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

 

No

Name

Address

 

1

Kirkton Community Centre

Local Management Group

Kirkton Community Centre, Derwent Avenue

(Date of Event - 30th March, 2012)

2

DCC City Development Department

City Square, High Street and Boots Corner (Date of Event - 21st April - 16th May, 2012)

3

DCC Environment Department

Camperdown Park

(Date of Event - 8th April, 2012)

4

Charles Horne

40A Cumbernauld Road, Glasgow

Riverside Park

(25th April - 7th May, 2012)

5

Charles Horne

40A Cumbernauld Road, Glasgow

Caird Park

(9th May - 13th May, 2012)

 

STREET TRADER - NEW APPLICATION

 

No

Name

 

1

Gail Blake

 

TAXI DRIVER - NEW APPLICATIONS

 

No

Name

 

1

Graeme M Brannan

2

Thomas Donnelly

3

Alexander Duncan

4

Thomas Greig

5

Alan Guild

6

Jacqueline Henderson

7

Jakub Koprowski

8

James S Louden

9

Duncan Mackie

10

Bryan McGuire

11

David McIntosh

12

John D F Mitchell

13

John T Molloy

14

Scott G Murphy

15

David J A Robertson

16

Paul Ross

17

Suleman

18

Ian A Valentine

19

Grant Wilson

 

TAXI OPERATOR - NEW APPLICATIONS

 

No

Name

 

1

Roderick Balfour

2

Dundee Private Hire 203020 Ltd (x 5)

3

FMC Scotland Ltd

4

Iain Hoon

5

John McWalter

6

Charles Miller

7

John Paton

8

Craig T Wallace

 

 

WINDOW CLEANER - NEW APPLICATIONS

 

No

Name

 

1

Patrick McVeigh

2

Steven Selvey

 

(b) SECOND HAND DEALER'S LICENCE - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Address of Premises

 

1

Lee McMurchie

Auto Solutions, 5 Buchanan Street

 

In the case of this application, the Committee noted that the applicant was not present and having considered the advice of the Clerk, agreed that consideration of the matter be deferred until the meeting of this Committee to be held on 28th June, 2012, to allow the applicant to be present.

 

(c) SKIN PIERCING AND TATTOOING LICENCE - REQUEST FOR VARIATION

 

There was submitted the undernoted application.

 

No

Name

Address of Premises

 

1

Jillian Sharp

Dundee Academy of Beauty

23-25 Constitution Street

 

In the case of this application, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, the Committee gave consideration to the request for a variation which had been received from the applicant, and having considered the advice of the Clerk, agreed that the application be granted, subject to satisfactory inspection by the Environmental Health Department.

 

(d) STREET TRADER'S LICENCE - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

 

1

Barbara Speed

2

Christopher Speed

 

In the case of Application Nos 1 and 2, the Committee noted that application had also been made to vary Conditions 9 and 10, to allow the vehicle to be sited on Balgay Road between 7.00 am and 5.00 pm. The Committee gave consideration to the request for variation and the applications. Thereafter, having heard the applicants on their own behalf and consideration of the advice of the Legal Officer and consideration of the location plan of the area where the licence would be operated, the Committee agreed that consideration of the applications be deferred to the meeting of the Licensing Committee to be held on 28th June, 2012 to allow consultation with the City Development Department.

 

(e) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

There was submitted the undernoted application.

 

No

Name

 

1

Jonathan Scharf

 

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

 

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

 

There was submitted the undernoted request for variation.

 

No

Name

 

1

Ronald Adams

 

In the case of this application, the Committee, having heard the applicant on their own behalf, the Plant and Vehicle Officer, the representative of the Chief Constable and consideration of photographic evidence which had been submitted by the applicant in support of their application, the Clerk and consideration of advice of the Legal Officer, the Committee agreed that the application be deferred to the meeting of the Licensing Committee on 28th June, 2012 to allow for the car to be tested by the Plant and Vehicle Officer and to allow for Officers to check with manufacturers on policy in relation to tinted windows.

 

(g) INSULIN DEPENDENT DIABETICS

 

Reference was made to Article ll(e) of the minute of meeting of this Committee of 12th January, 2012, wherein it was agreed that a report by an independent diabetologist confirming that Group 2 standards had been met be sought prior to reinstating any licence suspended on medical grounds involving insulin dependent diabetics.

 

There was submitted Agenda Note AN84-2012 reporting that OHSAS had indicated that no consultants had offered their services and it was recommended that where a licence holder had been suspended, then a report from their own treating diabetologist be sought.

 

The Committee, having heard the Clerk, agreed with the terms of the note.

 

(h) USE OF CITY SQUARE - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Date of Event

 

1

Scottish Defence League

1st September, 2012

 

In the case of this application, the Committee, having heard a representative of the applicant and a representative of the Chief Constable, and having heard the deputations and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

 

(i) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Person Responsible

Address

 

1

Ibrahim D Buksh

Ibrahim D Buksh

99D Seagate

2

Lynne Finnerty

Grant Property Solutions Ltd/

Peter Grant

4/1, 12 Whitehall Crescent

3

Colette S Figes

Grant Property Solutions Ltd/

Peter Grant

69B Constitution Row

4

David & Gillian McGill

Grant Property Solutions Ltd/

Peter Grant

1/0, 16 City Road

5

John Dooey

John Dooey

24d Paton's Lane

6

Darryl Lemon

10 Urquhart Street

7

Iain Douglas Gardiner

3/2, 31 Reform Street

8

Asma Hussein

(Flat Q) 3 Victoria Road

9

Barbara Norris and Mark Norris

(Flat 10) 66 Seagate

10

Caledonia Housing Association

Servite Crt, 59 Magdalen Yard Road

11

Caledonia Housing Association

Priory Court Alloway Place

12

Jennifer Stewart

(1/1) 3 Roseangle

13

Galloway Property Holdings Ltd

The Hub 17 Hawkhill (C1)

14

Galloway Property Holdings Ltd

The Hub 17 Hawkhill (C2)

15

Galloway Property Holdings Ltd

The Hub 17 Hawkhill (C5)

16

Galloway Property Holdings Ltd

The Hub 17 Hawkhill (C8)

17

Galloway Property Holdings Ltd

The Hub 17 Hawkhill (C9)

18

Galloway Property Holdings Ltd

The Hub 17 Hawkhill (C10)

19

Galloway Property Holdings Ltd

The Hub 17 Hawkhill (C13)

20

Galloway Property Holdings Ltd

The Hub 17 Hawkhill (C14)

21

Galloway Property Holdings Ltd

The Hub 17 Hawkhill (C15)

22

Galloway Property Holdings Ltd

The Hub 17 Hawkhill (C16)

23

Galloway Property Holdings Ltd

The Hub 17 Hawkhill (C17)

24

Galloway Property Holdings Ltd

The Hub 17 Hawkhill (C20)

25

Richard Ian Jolliffe

(1/0) 31 Reform Street

 

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 that the application be granted.

 

In the case of Application Nos 2, 3 and 4, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted,

 

In the case of Application No 5, the Committee noted that this application had been withdrawn from consideration.

 

In the case of Application Nos 6 to 25, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

 

(j) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

 

There were submitted the undernoted applications.

 

No

Address

Nature of Variation

 

1

99 Magdalen Yard Road

Change the day to day manager to Easylets Ltd/Jack Reavley.

 

2

20 Ladywell Avenue

Change the day to day manager to SGL Property Ltd/Aimi Lewis.

 

3

2/1, 52 Seafield Road

Change the day to day manager to Tayforth Properties/Jillian Edwards.

 

4

10B Westfield Place

Change the day to day manager to Janis Forbes.

 

5

39 Coniston Terrace

Change the day to day manager to Social Work Department (Dundee Community Living)/Karen Penman.

 

6

1 Hillbank Road

Change the day to day manager to Gowrie Care Ltd/Carol Steedman.

 

7

3/2, 40 Union Street

Change the day to day manager to Tayforth Properties/Jillian Edwards.

 

8

2C Abbotsford Place

Change the day to day manager to 2 Rent Me Property Ltd/Richard Hawkins.

 

9

1/0, 223 Hilltown

Change the day to day manager to Easylets Ltd/Jack Reavley.

 

10

Flats 1, 2, 3 and

4 Commercial Street

Change the day to day manager to Tayforth Properties/Jillian Edwards.

 

11

3 Wolseley Street

Change the day to day manager to 2 Rent Me Property Management/Richard Hawkins.

 

12

3B Shepherd's Loan

Change the day to day manager to Pavilion Properties/Paul Letley.

 

13

29 Lytton Street

Change the day to day manager to Easylets Ltd/Jack Reavley.

 

In the case of Application Nos 1, 9 and 13, Councillor Mohammed Asif declared a non-financial interest in these applications by virtue of the management company referred to being known to him in a professional capacity.

 

In the case of Application Nos 1 to 13, the Committee, having heard representatives on behalf of the applicants, agreed that the applications be granted.

 

(k) HOUSES IN MULTIPLE OCCUPATION - UPDATE

 

There was submitted the undernoted update.

 

No

Name

Person Responsible

Address

 

1

Ruth Paton

Easylets Ltd/Jack Reavley

1/1, 35 Blackness Road

 

In the case of this application, Councillor Mohammed Asif declared a non-financial interest by virtue of the managing agent being known to him in a professional capacity.

In the case of this application, reference was made to Article II(f) of the minute of meeting of this Committee held on 1st March, 2012, wherein it was agreed to grant the application but to recall it in the months of March and June, 2012 for an update on the operation of the licence from the Private Sector Services Unit. Thereafter, having heard a representative of the Housing Department and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken for the duration of the licence.

 

(l) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Person Responsible

Address

 

1

Eric D and Donna M Chaloner

Easylets/Jack Reavley

130 Hill Street

 

In the case of this application, Councillor Mohammed Asif declared a non-financial interest by virtue of the managing agent being known to him in a professional capacity.

 

In the case of this application, the Committee agreed that consideration of the application be deferred to a future meeting of the Committee as requested by the applicant's agent.

 

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.

 

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) ITINERANT METAL DEALER - NEW APPLICATION

 

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

 

The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relevant to this application. Part of the application referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and having heard the age and nature of the convictions, the Committee agreed to admit them since justice could not otherwise be done. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held in September, 2012.

 

(b) PRIVATE HIRE OPERATOR'S - RENEWAL APPLICATION

 

Reference was made to Article VI(a) of the minute of meeting of this Committee held on 31st March, 2011, wherein it was agreed to grant a Private Hire Operator's Licence to Mr G A for the period of one year. There was submitted a copy of the original letter of representation from the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Clerk, the Committee agreed that the application be granted until 31st May, 2013.

 

(c) REQUEST FOR EXTENSION OF TIME TO WIND-UP ESTATES OF LICENCE HOLDERS

 

(i) There was submitted a request from the Executor of the late Taxi Operator, Mr J G, for extension of the three month period to wind-up the Estate. There being no objections, the Committee agreed to grant the extension as requested.

 

(ii) There was submitted a request from the Executor of the late Taxi Operator, Mr G S, for extension of the three month period to wind-up the Estate. The Committee gave consideration to the request, and having heard an agent on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the request be granted as requested.

 

(d) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

(i) There was submitted an application by Mr F C for a Taxi Driver's Licence.

 

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the application be deferred until the meeting of this Committee to be held on 28th June, 2012 to allow the applicant to submit supporting medical evidence.

 

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

 

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the application be refused.

 

(iii) There was submitted an application by Mr D F for a Taxi Driver's Licence.

 

The Committee gave consideration to 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, a representative on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant a Temporary Licence for a period of six weeks to allow the applicant to submit their Unique Tax Reference Number.

 

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

 

The Committee gave consideration to 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, a representative on behalf of the applicant and consideration of the advice of the Clerk, the Committee agreed to grant a Temporary Licence for a period of six weeks, subject to the applicant submitting their Unique Tax Reference Number to the satisfaction of the Clerk and to further delegate authority to the Clerk to grant the application on this basis.

 

(v) There was submitted an application by Mr J I for a Taxi Driver's Licence.

 

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the application be refused.

 

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

 

(i) Reference was made to Article IV(e)(iii) of the minute of meeting of this Committee held on 29th March, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr F A during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and to continue with the immediate suspension of the Taxi Driver's Licence held by Mr F A in the intervening period with immediate effect.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr F A during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable, the Committee agreed to adjourn the hearing until the September meeting of the Committee to allow for court proceedings to be concluded and to continue with the suspension of the Taxi Driver's Licence held by Mr F A in the intervening period with immediate effect.

 

(ii) Reference was made to Article IV(e)(vi) of the minute of meeting of this Committee held on 29th March, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C D during the currency of his Taxi Driver's Licence and to continue with the suspension of the Taxi Driver's Licence held by Mr C D in the intervening period with immediate effect.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr C D during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable, the Committee agreed to further adjourn the hearing until the September meeting of the Committee to await the outcome of court proceedings and to continue with the immediate suspension of the Taxi Driver's Licence held by Mr C D in the intervening period with immediate effect.

 

(iii) Reference was made to Article I(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 29th March, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr F K during the currency of his Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr F K during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that the licence holder be issued with a warning as to his future conduct.

 

(iv) Reference was made to Article IV(e)(viii) of the minute of meeting of this Committee held on 29th March, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G K during the currency of his Taxi Driver's Licence and to continue with the immediate suspension of the Taxi Driver's Licence held by Mr G K in the intervening period with immediate effect.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G K during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable, the Clerk, and consideration of the advice of the Legal Officer, the Committee agreed to suspend the Taxi Driver's Licence held by Mr G K for the unexpired portion of the licence until 31st May, 2014.

 

(v) Reference was made to Article I(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 29th March, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr M M during the currency of his Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M M during the currency of his Taxi Driver's Licence. The Committee noted that the licence holder was not present and agreed to adjourn the hearing until the meeting of this Committee to be held on 28th June, 2012 to allow the licence holder to be present.

 

(vi) Reference was made to Article I(a) of the minute of meeting of the Licensing Sub‑Committee held on 2nd February, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr S M during the currency of his Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S M during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable, the Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct.

 

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

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr B W during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable and a representative on behalf of the licence holder, the Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning.

 

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

 

(i) Reference was made to Article IV(e)(i) of the minute of meeting of this Committee held on 29th March, 2012, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr B A during the currency of his Taxi Driver's Licence and Taxi Operator's Licence to allow a further complaint from the Environmental Compliance Manager to be heard at the same time.

 

The Committee gave consideration of the content of the letters of information which had been submitted by a member of the public and 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 Licences. The Committee noted that the member of the public who had complained was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that no action be taken on the complaint submitted. Thereafter, the Committee, having heard the Environmental Compliance Manager, the licence holder on their own behalf and consideration of the advice of the Legal Officer in relation to the complaint submitted by the Environmental Compliance Manager, agreed to suspend the Taxi Driver's Licence held by Mr B A for a period of three months and that no further action be taken in relation to the Taxi Operator's Licence held by Mr B A.

 

(ii) Reference was made to Article I(a)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 29th March, 2012, wherein the Committee agreed to hold a hearing in relation to the alleged conduct of Mr J C during the currency of his Taxi Driver's and Taxi Operator's Licences.

 

The Committee gave consideration to the content of the letter of information which had been submitted by the Chief Constable relevant to the alleged conduct of the licence holder. Thereafter, having heard a representative of the Chief Constable, the Committee agreed that no further action be taken.

 

(iii) Reference was made to Article I(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 29th March, 2012, wherein the Committee agreed to hold a hearing in relation to the alleged conduct of Mr C K during the currency of his Taxi Driver's and Taxi Operator's Licences.

 

The Committee noted that the licence holder was not present and agreed to adjourn the hearing until the meeting of this Committee to be held on 28th June, 2012 to allow the licence holder to be present.

 

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

 

Reference was made to Article IV(g) of the minute of meeting of this Committee held on 29th March, 2012, wherein it was agreed to defer consideration of the application by Mr B M for variation to his Taxi Licence conditions to allow the Plant and Vehicle Officer to comment and for OHSAS to submit a report.

 

There was submitted a report from the Plant and Vehicle Officer and OHSAS relevant to this application. There was also submitted an ergonomics report by the applicant in support of their application. The Committee gave consideration to the content of all documentation submitted. Thereafter, having heard the Legal Officer, an agent on behalf of the licence holder, the Plant and Vehicle Officer, the licence holder on their own behalf and consideration of documentary evidence submitted in support of the application, the Committee agreed that the application for variation be granted as requested, subject to the condition that the licence holder be the only driver of the vehicle whilst it was operated as a taxi.

 

(h) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted two applications for a Houses in Multiple Occupation Licence, one application was submitted by Miss I G and the other was submitted by Miss I G and Miss C D. The Committee, having heard an agent on behalf of the applicants, a representative of the Housing Department, a representative on behalf of the applicants and consideration of the advice of the Clerk and the Legal Officer, agreed that the applications be granted.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 29th March, 2012.

 

APPENDIX I

 

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 AND TAXI OPERATOR'S LICENCES - REQUESTS FOR HEARINGS

 

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr T A 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, the Sub-Committee agreed that a suspension hearing be convened in due course in relation to the fitness of Mr T A to be the holder of a Taxi Driver's Licence and Taxi Operator's Licence.

 

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C K 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 a suspension hearing be convened in due course in relation to the fitness of Mr C K to be the holder of a Taxi Driver's Licence and Taxi Operator's Licence.

 

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J C 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a suspension hearing be convened in due course in relation to the fitness of Mr J C to be the holder of a Taxi Driver's Licence and Taxi Operator's Licence.

 

(iv) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr B A 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, having heard the Environmental Compliance Manager, the Sub-Committee agreed that a suspension hearing be convened in due course in relation to the fitness of Mr B A to be the holder of a Taxi Driver's Licence.

 

(b) TAXI DRIVER'S LICENCE - REQUEST FOR HEARING

 

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr F K 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 a suspension hearing be convened in due course in relation to the fitness of Mr F K to be the holder of a Taxi Driver's Licence and Taxi Operator's Licence.

 

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order Number 17(b) in view of the timescales.

 

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M 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, the Sub-Committee agreed that a suspension hearing be convened in due course in relation to the fitness of Mr M M to be the holder of a Taxi Driver's Licence.

 

 

 

 

Roderick A J WALLACE, Convener.

 

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

 

APPENDIX ll

 

Present:-

 

Bailie Roderick A J WALLACE

 

Councillor Elizabeth F FORDYCE

 

Councillor Ken LYNN

 

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 on behalf of the Chief Constable relative to the alleged conduct of Mr G F 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 F be suspended with immediate effect and that a hearing be held at the meeting of the Licensing Committee on 7th June, 2012 in relation to the fitness of Mr G F to be the holder of a Taxi Driver's Licence.

 

 

 

 

Roderick A J WALLACE, Convener.