Licensing Committee - 06/12/2012

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th December, 2012.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 1st November, 2012 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 25th October, 2012, 1st November, 2012 and 9th November, 2012 were submitted for information and record purposes, copies of which are attached to this as Appendices I, II and III.

III 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.

LATE HOURS CATERING - NEW APPLICATIONS

STREET TRADER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

TAXI OPERATOR - NEW APPLICATION

WINDOW CLEANER - NEW APPLICATION

(b) STREET TRADER'S LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant had now produced their Unique Tax Reference Number and agreed that the application be granted.

(c) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2, the Committee noted that the applications had been withdrawn from consideration by the applicant.

IV HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 7, 9 to 15 and 17 to 19, the Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

In the case of Application No 8, the Committee, having heard a representative of the Housing Department and a representative on behalf of the applicant, agreed that the application be granted.

In the case of Application No 16, the Committee, having heard a representative of the Housing Department, the applicant on their own behalf and a representative on behalf of the applicant, agreed that the application be granted.

In the case of Application Nos 20 to 33, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted applications.

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, there being no objections, the Committee agreed that the application 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.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SKIN PIERCING AND TATTOOING LICENCE - NEW APPLICATION

Reference was made to Article VI(b) of the minute of meeting of the Licensing Committee held on 6th September, 2012, wherein it was agreed to grant Mr F D a Skin Piercing and Tattooing Licence and that a report be submitted to the Committee after a period of three months on the operation of the licence.

There was submitted the original letter of objection which had been received from an objector to this application.

Thereafter, having heard the Clerk and the licence holder on their own behalf, the Committee agreed that the application be granted until May, 2013 and to recall the application upon application for renewal.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) Reference was made to Article IV(a)(i) of the minute of meeting of this Committee held on 1st November, 2012, wherein it was agreed to defer consideration of the application by Mr D G for a Taxi Driver's Licence as the medical report was still outstanding.

There was submitted a letter of objection from the Chief Constable relevant to this application.

The Committee noted that the applicant was not present and having received confirmation from the Clerk that the medical report remained to be submitted, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held in January, 2013.

(ii) Reference was made to Article IV(a)(ii) of the minute of meeting of this Committee held on 1st November, 2012, wherein it was agreed to defer consideration of the application by Mr A H for a Taxi Driver's Licence to allow the applicant to be in attendance.

There was submitted a letter of objection from the Chief Constable relevant to this application.

The Committee noted that the applicant 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 considered the advice of the Legal Officer, the Committee agreed that the application be refused.

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

There was submitted a letter of objection from the Chief Constable relevant to this application.

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 applicant, the applicant on their own behalf and consideration of the advice of the Clerk, the Committee agreed to grant a temporary licence and to delegate authority to the Clerk to grant a licence for a period of three months upon satisfactory receipt of the Unique Tax Reference Number and for the licence to be recalled to the Committee for consideration upon completion of the three month period of licence.

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

There was submitted a letter of representation from the Chief Constable relevant to this application.

The Committee gave consideration to the content of letter of representation.

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 to allow the applicant to submit a Unique Taxi Reference Number.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article IV(b)(iv) of the minute of meeting of the Licensing Committee held on 1st November, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr A A during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A A during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and after considering the advice of the Clerk, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in February, 2013.

(ii) Reference was made to Article VI(g)(v) of the minute of meeting of the Licensing Committee held on 6th September, 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 that to continue the suspension of the Taxi Driver's Licence held by Mr F A during the intervening period.

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 noted that the licence holder was not present and having considered the advice of the Clerk, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in February, 2013 and continue the immediate suspension of the Taxi Driver's Licence held by Mr F A during the intervening period with immediate effect.

(iii) Reference was made to Article VI(g)(vii) of the minute of meeting of the Licensing Committee held on 6th September, 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 to await the outcome of court proceedings. Reference was also made to Article II(a)(i) of the minute of meeting of the Licensing Sub-Committee held on 16th August, 2012, wherein it was agreed to hold a hearing in relation to a further letter of information which had been received from the Chief Constable relevant to the alleged conduct of Mr C D during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and having received confirmation that the Procurator Fiscal's Office were not proceeding with this matter, the Committee agreed that no further action be taken.

(iv) Reference was made to Article VI(g)(ix) of the minute of meeting of the Licensing Committee held on 6th September, 2012, wherein it was agreed to adjourn 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.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M F during the currency his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and after consideration of the advice of the Clerk, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in March, 2013.

(v) Reference was made to Article VI(g)(x) of the minute of meeting of the Licensing Committee held on 6th September, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Ms S G during the currency of her Taxi Driver's Licence to await the outcome of criminal proceedings.

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

The Committee noted that the licence holder was not present and having considered the advice of the Clerk, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in February, 2013.

(vi) Reference was made to Article III(d)(ii) of the minute of meeting of this Committee held on 1st March, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr B J during the currency of his Taxi Driver's Licence to allow the licence holder to pay the fixed penalty referred to.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr B J during the currency 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 suspend the Taxi Driver's Licence held by Mr B S for a period of three months.

(vii) Reference was made to Article IV(b)(iii) of the minute of meeting of this Committee held on 1st November, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C L during the currency of his Taxi Driver's Licence to allow the licence holder to be in attendance.

There were submitted letters of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr C L during the currency 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, the Committee agreed that no further action be taken and that the licence holder be issued with a final written warning as to their future conduct.

(viii) Reference was made to Article VI(g)(i) of the minute of meeting of this Committee held on 6th September, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr J McG to allow the licence holder to pay the outstanding amount of the Fixed Penalty Notice.

There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr J McG during the currency his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Environmental Compliance Manager, the Committee agreed that no further action be taken and that the licence holder be issued with a final written warning as to their future conduct.

(ix) Reference was made to Article IV(c)(v) of the minute of meeting of this Committee held on 27th September, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr J R during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J R during the currency his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and the licence holder on their own behalf, the Committee agreed to adjourn the hearing for a period of six months to allow the licence holder to pay the outstanding amounts of the Fixed Penalty Notices and the Compensation Order.

(x) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 25th October, 2012, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr S S with immediate effect and to hold a hearing in relation to the fitness of Mr S S to be the holder of a Taxi Driver's Licence.

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

The Committee noted that the licence holder was not present and having considered the advice of the Clerk, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in March, 2013 and to continue the suspension of the Taxi Driver's Licence held by Mr S S during the intervening period with immediate effect.

(xi) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 6th September, 2012, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D S 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 D S during the currency his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and a representative on behalf of the licence holder, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in January, 2013 to allow the outcome of court proceedings.

(d) TAXI LICENCE - VARIATION

There was submitted an application by Mr B B to vary the conditions of a taxi licence to nominate Mr S C to be the person responsible for the day to day management of the business.

Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed to grant the variation as requested until May, 2014 and to instruct the licence holder to advise the Licensing Department of any change in circumstances during that period.

(e) WINDOW CLEANER'S LICENCE - SUSPENSION HEARING

Reference was made to Article VI(i) of the minute of meeting of this Committee held on 6th September, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G MacF during the currency of his Window Cleaner's Licence to await the outcome of court proceedings and to continue the suspension of the Window Cleaner's Licence held by Mr G MacF during the intervening period.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G MacF 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. Thereafter, having heard a representative of the Chief Constable, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in March, 2013 and to continue the immediate suspension of the Window Cleaner's Licence held by Mr G MacF during the intervening period.

Stewart HUNTER, Convener.

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

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Tom FERGUSON

Councillor Stewart HUNTER, 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 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 DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

(i) There was submitted a letter of information from a member of the public and a letter of information from the Chief Constable relevant to the alleged conduct of Mr D J during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of both documents. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that a hearing be held in due course in relation to the fitness of Mr D J to be the holder of a Taxi Driver's Licence.

The Convener agreed that the undernoted items of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

(ii) There was tabled a letter of information from the Head of Revenues and Customer Services relative to the alleged conduct of Mr D D during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Head of Revenues and Customer Services. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr D D to be the holder of a Taxi Driver's Licence.

(iii) There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr B McL 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 hearing be convened in due course in relation to the fitness of Mr B McL to be the holder of a Taxi Driver's Licence.

(iv) There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr S B 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 and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr S B to be the holder of a Taxi Driver's Licence.

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

There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr R G during the currency of his Taxi Operator's Licence and 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 hearing be convened in due course in relation to the fitness of Mr R G to be the holder of a Taxi Operator's Licence and Taxi Driver's Licence.

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

(v) There was tabled a letter of information from the Licensing Department relative to the alleged conduct of Company C during the currency of their Taxi Operator's Licence.

The Sub-Committee gave consideration to the content of the letter submitted by the Licensing Department. Thereafter, having heard a representative of the Licensing Department and consideration of the advice of the Legal Officer, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Company C to be the holder of a Taxi Operator's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 25th October, 2012.

APPENDIX II

Present:-

Councillor Stewart HUNTER

Councillor Kevin CORDELL

Councillor Richard McCREADY

Councillor Stewart HUNTER, 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 item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

I DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION

There was tabled a letter of information from the Chief Constable relevant to the alleged conduct of Mr S S during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the Committee agreed that the Taxi Driver's Licence held by Mr S S be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr S S to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 9th November, 2012.

APPENDIX III

Present:-

Lord Provost Bob DUNCAN

Councillor Stewart HUNTER

Councillor Tom FERGUSON

Councillor Stewart HUNTER, 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 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 DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI OPERATOR'S LICENCE AND TAXI DRIVER'S LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr C B 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. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed that the Taxi Driver's Licence held by Mr C B be suspended with immediate effect and that a suspension hearing be held at a future meeting of the Licensing Committee in relation to the fitness of Mr C B to be the holder of a Taxi Driver's Licence. No action would be taken in relation to the Taxi Operator's Licence held by Mr C B during the intervening period.

Stewart HUNTER, Convener.