Licensing Committee - 19/07/2012

At a MEETING of the LICENSING COMMITTEE held at Dundee on 19th July, 2012.

 

Present:-

 

COUNCILLORS

 

John ALEXANDER

David BOWES

Mohammed ASIF

Jimmy BLACK

Stewart HUNTER

Tom FERGUSON

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 28th June, 2012 was held as read.

 

Unless marked thus * all items stand delegated.

 

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.

 

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) STREET TRADER'S LICENCE - NEW APPLICATION

 

Councillor Mohammed Asif declared a financial interest in relation in this item of business by virtue of having a business interest within the vicinity of the location applied for and left the Chamber prior to its consideration.

 

Reference was made to Article II(c) of the minute of meeting of this Committee held on 28th June, 2012, wherein the Committee agreed to defer consideration of the application of a Street Trader's Licence by Mr I G to allow the applicant to attend.

 

There was submitted an application by Mr I G for a Street Trader's Licence. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted the application had been made to vary Conditions 9 and 10 to allow the vehicle to be placed in the Broughty Ferry area. The Committee further noted that a variation would be required to Condition 22 of the licence. There was submitted a further letter from Mr I G in support of his application. The Committee gave consideration to the content of both the application and letter of support and a letter dated 6th July, 2012 which was tabled by the Clerk. Thereafter, following consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the application by Mr I G for a Street Trader's Licence to a future meeting to allow the applicant to submit their Unique Tax Reference Number and to refuse the applications to vary Conditions 9, 10 and 22.

 

Councillor Mohammed Asif was not present during consideration of the remaining items of business.

 

(b) TAXI DRIVER'S LICENCE - APPLICATION FOR RECALL OF SUSPENSION HEARING

 

Councillor John Alexander declared a non-financial interest in this item of business by virtue of the licence holder being known to him in a personal capacity and left the Chamber prior to its consideration.

 

Reference was made to Article IV(f)(ii) of the minute of meeting of this Committee held on 28th June, 2012, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M G during the currency of his Taxi Driver's Licence and continue the immediate suspension of the Taxi Driver's Licence held by Mr M G to await the outcome of criminal proceedings.

 

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 Mr M G during the currency of his Taxi Driver's Licence and the content of the letter of support which had been submitted by the agent on behalf of the licence holder requesting that the suspension of the Taxi Driver's Licence held by Mr M G be recalled with immediate effect. The Committee gave consideration to a further letter of support which had been tabled by the agent on behalf of the licence holder. 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 and receiving confirmation that the Procurator Fiscal would be taking no further proceedings in this matter, the Committee agreed that the suspension of the Taxi Driver's Licence held by Mr M G be recalled with immediate effect.

 

(c) WINDOW CLEANER'S LICENCE - SUSPENSION HEARING

 

Councillor John Alexander re-entered the Chamber prior to consideration of the undernoted item of business.

 

Reference was made to Article I(a) of the minute of meeting of the Licensing Sub-Committee held on 4th July, 2012, wherein the Window Cleaner's Licence held by Mr G M was suspended with immediate effect and it was agreed that a hearing be held in relation to the fitness of Mr G M to be the holder of a Window Cleaner's Licence.

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G M during the currency of his Window Cleaner's Licence. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr G M during the currency of his Window Cleaner's Licence to the meeting of the Licensing Committee to be held on 6th September, 2012 to await the outcome of criminal proceedings and to continue the suspension of the Window Cleaner's Licence held by Mr G M with immediate effect during the intervening period.

 

 

 

 

Stewart HUNTER, Convener.