Licensing Committee - 27/06/2013
At a MEETING of the LICENSING COMMITTEE held at Dundee on 27th June, 2013.
Present:-
COUNCILLORS
John ALEXANDER |
David BOWES |
Laurie BIDWELL |
Jimmy BLACK |
Stewart HUNTER |
Tom FERGUSON |
Councillor Stewart HUNTER, Convener, in the Chair.
The minute of meeting of this Committee of 6th June, 2013 was held as read.
Unless marked thus * all items stand delegated.
I DECLARATION OF INTEREST
Councillors Hunter and Bowes declared non-financial interests in relation to the matter at Article IX(e)(ii) of this minute, by virtue of the licence holder being known to them in a personal capacity and left the Chamber prior to its consideration, whereupon the Committee unanimously agreed that Councillor Black be elected to Chair the meeting in the absence of the Convener and the Depute Convener. Councillors Hunter and Bowes re-entered the Chamber prior to consideration of the item of business at Article IX(e)(iii) of this minute, whereupon Councillor Hunter resumed the Chair.
II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE
The minute of meeting of the Licensing Sub-Committee held on 6th June, 2013, was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix I.
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.
PUBLIC ENTERTAINMENT - NEW APPLICATIONS
No |
Name |
Address of Premises
|
1 |
Ardler Village Trust |
95 Turnberry Avenue (15th June, 2013) |
2 |
City Church Dundee |
The Friary, Tullideph Road (1st June, 2013) |
3 |
Landmark Hotel |
Landmark Hotel (16th June, 2013) |
4 |
Paola McLure |
Magdalen Green (9th June, 2013) |
5 |
Rena Smith |
Douglas Community Centre (16th June, 2013) |
6 |
Volunteer Centre Dundee |
Dundee High School Playground (1st July, 2013) |
TAXI DRIVER - NEW APPLICATIONS
No |
Name
|
1 |
Rachid Benmalek |
2 |
David H Buik |
3 |
Ryan Henderson |
4 |
John McKenzie |
5 |
Norwood Taxis(Dundee) Ltd |
6 |
Grant Oldham |
TAXI OPERATOR - NEW APPLICATIONS
No |
Name
|
1 |
Brian Anderson |
2 |
Foreigners Dundee Ltd (x 2) |
3 |
Robert Krol |
4 |
Iain A Low |
5 |
Brian Nicoll |
(b) STREET TRADERS LICENCE - RENEWAL AND REQUEST FOR VARIATION
Reference was made to Article VIII of the minute of meeting of this Committee held on 7th March, 2013, wherein it was agreed to grant the application for a period of three months, subject to dates being agreed by the City Development Department.
No |
Name |
Address
|
1 |
Daniel Asante |
Flat 1, 8 Brown Constable Street |
In the case of this application, having heard the applicant on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of two months from 1st August, 2013.
(c) LATE HOURS CATERING LICENCES POLICY REVIEW
Reference was made to Article I of the minute of meeting of this Committee held on 18th October, 2005, wherein it was agreed to adopt a policy with regard to the terminal hours of late hours catering premises in the City Centre (defined as the area encircled by the inner ring road), whereby such premises would normally be allowed to remain open until 2.30 am. It was reported that this policy had been applied in practice since the first applications affected thereby came before the Committee in March, 2006. A number of premises had continued to enjoy the benefit of longer opening hours (ie beyond 2.30 am) which they had before the policy was introduced. This was a result of an agreement with the operators concerned following appeals to the Sheriff Court against the reductions in hours which would otherwise have applied to them. However, such agreement only applied to the then current operators and would not apply if any of the businesses were sold and were the subject of new applications (the licences not being transferable under the 1982 Act). Equally, a number of other operators were subject to the policy hours since they were unable to persuade the Committee to relax the policy in their individual cases.
It was reported that the Licensing Board was currently consulting on possible changes to the policy on opening hours for liquor licensed premises, with which the Committees policy was closely related. There had also been a number of applications recently where the policy had been discussed. It was therefore suggested that this would be an opportune moment for the policy on late hours catering licence terminal hours to be reviewed. Such a review could deal specifically with the following issues (and any other issues which the Committee decided were relevant):-
- should the policy continue to apply and, if so, does the geographical area in which it applies need to be reduced or extended?
- is 2.30 am still an appropriate time for such establishments to close?
Following discussion and having considered the advice of the Legal Officer, the Committee agreed:-
(i) to review the policy in the manner set out above; and
(ii) that the Head of Democratic and Legal Services be remitted to carry out the appropriate consultation with interested parties and report back to the Committee at its meeting on 5th September, 2013, by which time the Board policy review on liquor premises licences should also have been completed.
(d) LATE HOURS CATERING - REQUEST FOR VARIATION
Reference was made to Article IV(c)(ii) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to defer consideration of the undernoted request for variation to change the hours to 4am Mondays to Sundays to allow the applicant to be in attendance.
No |
Name |
Address of Premises
|
1 |
Francis Tindal |
Discovery Fish & Pizza Bar, 84 Nethergate |
In the case of this application, having noted that the request for variation was outwith the hours of operation in relation to the policy in late hours catering and having heard an agent on behalf of the applicant and consideration of 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, 2013.
(e) PUBLIC ENTERTAINMENT - NEW APPLICATION
Reference was made to Article IV(d)(i) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to defer consideration of the undernoted application in order that members could inspect the vehicle; Mr Stewart could review his risk assessment; Mr Stewart could obtain a permit from VOSA in regard to his restricted operating licence; Information could be provided by Mr Stewart regarding stopping places which would minimise noise to the public; and Mr Stewart could provide written information as to how he intends to operate the business.
No |
Name |
Address of Premises
|
1 |
John Stewart |
Party Bus |
In the case of this application, having heard the applicant on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to conditions that the CCTV installed within the vehicle for operation met with the approval of the Information Commissioner and Police Scotland and that no music be audible in nearby residential premises during the operation of the vehicle.
(f) SECOND HAND DEALERS LICENCE - NEW APPLICATION
There was submitted the undernoted application.
No |
Name |
Address of Premises
|
1 |
Kasim Urek |
14B Milton Street |
In the case of this application, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having noted that the licence was still awaiting inspection from the Environmental Health and Trading Standards Department and having considered the advice of the Legal Officer, the Committee agreed that the application be refused.
(g) TAXI DRIVER'S LICENCE - NEW APPLICATION
There were submitted the undernoted applications.
No |
Name
|
1 |
Kevin Gibb |
2 |
Melaine McComiskie |
3 |
Jacqueline Milne |
4 |
Balal M Anwar |
5 |
George Barker |
6 |
Greg E Baxter |
7 |
Edwin Brown |
8 |
Bruce Clark |
9 |
Milan Felix |
10 |
James Grant |
11 |
Andrew McKeever |
12 |
David R Paterson |
13 |
William Rattray |
14 |
Imran Razzaq |
15 |
Charles Riddell |
16 |
Colin Robertson |
17 |
Karl B Russell |
18 |
Harry G Scott |
19 |
Albert Thoms |
In the case of Application No 1, the Committee noted that the applicant had failed to produce their Unique Tax Reference Number. Thereafter, having heard a representative on behalf of the applicant, consideration of a letter of support submitted on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that a temporary licence be granted for a period of six weeks to allow for the applicant to submit their Unique Tax Reference Number.
In the case of Application No 2, having received confirmation that the applicant had now submitted their Unique Tax Reference Number to the satisfaction of the Licensing Department and having considered the advice of the Legal Officer, the Committee agreed that the application be granted.
In the case of Application No 3, 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 produce their medical certificate and Unique Tax Reference Number and having considered the advice of the Legal Officer the Committee agreed that the application be considered incompetent.
In the case of Application Nos 4, 5, 7, 9, 10, 11, 13, 14, 15, 16, 17, 18 and 19, 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 Nos 6, 8 and 12, the Committee noted that these applications had been withdrawn from consideration by the applicants.
(h) REQUEST FOR VARIATION - PRIVATE HIRE OPERATOR
There was submitted the undernoted request for variation.
No |
Name
|
1 |
Mr Suleman |
In the case of this application, the Committee noted that a request for variation had been submitted to vary the Private Hire Operators Licence to allow the sign which had been submitted to be displayed on the rear window of the vehicle.
The Committee noted that the applicant 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 consideration of the application be deferred to a future meeting of the Committee and that, in the meantime, the sign be submitted to translation services for translation as the script on the sign was in a foreign language.
(i) DEMAND FOR TAXIS - REPORT OF TAXI SURVEY
Reference was made to Article II of the minute of meeting of this Committee held on 23rd October, 2012, wherein it was agreed to commission a survey on the demand for the services of taxis in Dundee to determine if there was any significant unmet demand for the purposes of Section 10(3) of the Civic Government (Scotland) Act 1982.
It was reported that the final Taxi Survey Report had now been received, a copy of which was submitted, and had also been made available on the Licensing pages of the website of Dundee City Council.
It was further reported that the clear conclusion which could be drawn from the report was that there was no significant unmet demand for taxi services in the city with the current number of licences (as of 18th June, 2013, there were 674 taxi licences of which 283 (42%) were saloon vehicles and 391 (58%) were wheelchair accessible vehicles). At the time of the survey, there were 661 licences, but a number of these licence holders failed to renew their licences on 31st May, 2013. The report did not state a lowest number at which there would be no significant unmet demand because this could only be assessed against the number of licences in existence at the time the survey was conducted. However, the report did say that a number as low as 611 would have no effect on passenger delay and that any limit which may be introduced should not be lower than 611.
Following discussion and consideration of the advice of the Legal Officer, the Committee agreed:-
(i) that there was no significant unmet demand for taxis in terms of Section 10(3) of the said 1982 Act;
(ii) to resolve that no new licences be issued until the number of licences fell below 611, at which time a further survey would be undertaken to determine if that figure was still appropriate as an indicator of unmet demand, subject always to the Committees legal duty to consider, in individual cases, whether any exceptions should be made to that limit;
(iii) to instruct a further full survey in three years time, with interim or top up surveys annually; and
(iv) to instruct a further report to be prepared by officers to submit proposals for the maintenance of the 60/40 WAV/saloon split decided by the Committee at the meeting on 23rd October, 2012, with particular attention to how such licences would be allocated between operators, and also any other matters relevant to the quality and operation of taxis in Dundee.
The Committee further agreed to note that there were currently a number of applications for taxi licences where the applicants had been given temporary licences prior to this decision being taken and that the policy not be applied in the case of those applications, nor should it apply to any applications which had received confirmation from Police Scotland that no objection was to be made.
IV HOUSING SCOTLAND ACT 2006
(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
There were submitted the undernoted applications.
No |
Name |
Person Responsible |
Address
|
1 |
University of Abertay |
University of Abertay/ Hilary Smith |
7-29 Lyon Street |
2 |
Clive & Avril Waller |
Deirdre McKean |
2 Patrick Place |
3 |
Martin D & Julie M Dewar |
I B Murray & Sons/ Bryan Murray |
24 Springfield |
4 |
Iain & Susan MacLean |
Rossclare Lettings/ Neil Thomson |
13 Springfield |
5 |
Mark & Barbara Norris |
Rossclare Lettings/ Neil Thomson |
3/2, 132 Nethergate |
6 |
John Whetstone, Alan Paterson & John Brown |
Grant Property Solutions/ Peter Grant |
2/1, 20 Whitehall Street |
7 |
Amer Kashif & Shazia Naveed |
Easylets Ltd/Jack Reavley |
G/L, 1 Rustic Place |
8 |
Jennifer L Galloway |
Ian Galloway |
10 Constitution Crescent |
9 |
Hugh Cullens |
Hugh Cullens |
23E Step Row |
10 |
Eco Future Developments Ltd |
West One Properties (UK) Ltd/Lee Chadwick |
6 Roseangle |
11 |
ASD Property Ltd |
Grant Property Solutions Ltd/ Peter Grant |
2/F, 132A Nethergate |
12 |
Michael James |
Grant Property Solutions Ltd/ Peter Grant |
1/F, 132A Nethergate |
13 |
ASD Property Ltd |
Grant Property Solutions Ltd/ Peter Grant |
2/L, 132A Nethergate |
14 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
23A Perth Road |
15 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
23B Perth Road |
16 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
23C Perth Road |
17 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
23D Perth Road |
18 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
23E Perth Road |
19 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
23F Perth Road |
20 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
25A Perth Road |
21 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
25B Perth Road |
22 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
25C Perth Road |
23 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
25D Perth Road |
24 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
25E Perth Road |
25 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
25F Perth Road |
26 |
Hermonhill Apartments Ltd |
Glamis Investments Ltd/ Ronald Hughes |
19 Perth Road |
27 |
Samantha L Lenaghen |
Samantha L Lenaghen |
6 Milnbank Gardens |
28 |
Samantha Hynd |
|
31 Reform Street (2/2) |
29 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 66 Horsewater Wynd (Flat 1) |
30 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 66 Horsewater Wynd (Flat 2) |
31 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 66 Horsewater Wynd (Flat 3) |
32 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 66 Horsewater Wynd (Flat 4) |
33 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 66 Horsewater Wynd (Flat 5) |
34 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 66 Horsewater Wynd (Flat 6) |
35 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 8 Blinshall Street (Flat 1) |
36 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 8 Blinshall Street (Flat 2) |
37 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 8 Blinshall Street (Flat 3) |
38 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 8 Blinshall Street (Flat 4) |
39 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 8 Blinshall Street (Flat 5) |
40 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 8 Blinshall Street (Flat 6) |
41 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 8 Blinshall Street (Flat 7) |
42 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 8 Blinshall Street (Flat 8) |
43 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 10 Blinshall Street (Flat 1) |
44 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 10 Blinshall Street (Flat 2) |
45 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 10 Blinshall Street (Flat 3) |
46 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 10 Blinshall Street (Flat 4) |
47 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 10 Blinshall Street (Flat 5) |
48 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 10 Blinshall Street (Flat 6) |
49 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 4 Blinshall Street (Flat 1) |
50 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 4 Blinshall Street (Flat 2) |
51 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 4 Blinshall Street (Flat 3) |
52 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 6 Blinshall Street (Flat 1) |
53 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 6 Blinshall Street (Flat 2) |
54 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 6 Blinshall Street (Flat 3) |
55 |
Victus (Guernsey) 3 Ltd |
|
Keiller Court 6 Blinshall Street (Flat 4) |
56 |
Alistair R J Dick |
|
216 Perth Road |
In the case of Application Nos 1, 3, 4, 5, 6, 7, 10, 11, 12 and 13, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.
In the case of Application No 2, the Committee noted that the person responsible was Deirdre McKean and the application had been submitted by Clive and Scott Waller. Thereafter, having heard a representative of the Housing Department and an agent on behalf of the applicant, the Committee agreed that the application be granted, subject to conditions and the granting of the variation of the change of the day to day manager.
In the case of the Application No 8, having heard a representative of the Housing Department, a representative on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the application be granted.
In the case of Application No 9, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.
In the case of Application No 14, having heard a representative of the Housing Department, a representative on behalf of the applicant and an agent on behalf of the applicant, the Committee agreed that the application be granted.
In the case of Application No 26, the Committee noted that this application had been withdrawn for consideration by the applicant.
In the case of Application No 27, having heard a representative of the Housing Department and a representative on behalf of the applicant, the Committee agreed that the application be granted.
In the case of Application Nos 28 to 56, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.
(b) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS
There were submitted the undernoted applications.
No |
Name |
Person Responsible |
Address
|
1 |
Cara L McDonald |
Martin & Co (Dundee)/ Iona McDonald |
30 Lytton Street |
2 |
Hillcrest Housing Association Ltd |
Transform/Bryan Smith |
East Flat, 2 Sugarhouse Wynd |
3 |
Karim S Saykali |
2 Rent Me Property Ltd/ Richard Hawkins |
2 Milnbank Gardens |
4 |
Hillcrest Housing Association Ltd |
Transform/Bryan Smith |
West Flat, 2 Sugarhouse Wynd |
5 |
Richard P Hawkins |
2 Rent Me Property Ltd/ Richard Hawkins |
9 Milnbank Gardens |
6 |
Ceol Na Mara Investments Ltd |
2 Rent Me Property Ltd/ Richard Hawkins |
174 Perth Road |
7 |
Peter S McLaren |
2 Rent Me Property Ltd/ Richard Hawkins |
2C Abbotsford Place |
8 |
Ceol Na Mara Investments Ltd |
2 Rent Me Property Ltd/ Richard Hawkins |
17 Constitution Crescent |
9 |
Ceol Na Mara Investments Ltd |
2 Rent Me Property Ltd/ Richard Hawkins |
8 Daniel Terrace |
10 |
Ceol Na Mara Investments Ltd |
2 Rent Me Property Ltd/ Richard Hawkins |
4 Daniel Terrace |
11 |
Ceol Na Mara Investments Ltd |
2 Rent Me Property Ltd/ Richard Hawkins |
46 Rosefield Street |
12 |
Ceol Na Mara Investments Ltd |
2 Rent Me Property Ltd/ Richard Hawkins |
54 Rosefield Street |
13 |
Ceol Na Mara Investments Ltd |
2 Rent Me Property Ltd/ Richard Hawkins |
14 Daniel Terrace |
14 |
Ceol Na Mara Investments Ltd |
2 Rent Me Property Ltd/ Richard Hawkins |
12 Daniel Terrace |
15 |
William & Pearl Stewart |
2 Rent Me Property Ltd/ Richard Hawkins |
5B Shepherd's Loan |
In the case of Application Nos 1 and 3, having heard representatives of the Housing Department, the Committee agreed that the applications be granted.
In the case of Application Nos 2 and 4, the Committee gave consideration to a letter of representation which had been submitted by the Private Sector Services Manager relevant to these applications. Thereafter, having heard a representative on behalf of the applicants, the Committee agreed to the applications being granted, subject to conditions and the submission of Completion Certificates.
In the case of Application Nos 5 to 15, the Committee gave consideration to letters of representation which had been submitted to the Housing Department relevant to these applications. Thereafter, having heard a representative of the Housing Department and an agent on behalf of the applicants, the Committee agreed that the applications be granted, subject to conditions that all outstanding works were to be completed and the garden area to be maintained to the satisfaction of the Housing Department.
(c) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS
There were submitted the undernoted requests for variation.
1 |
Flat F, 24 Constitution Road |
Change of day to day manager to Easylets Ltd/Jack Reavley.
|
2 |
28 Lytton Street |
Change of day to day manager to 2 Rent Me Ltd/Richard Hawkins.
|
3 |
Courthouse Apts, 1-31 Johnston Street x 31 Applications |
Change of day to day manager to Virtualets.com Ltd/Suzanne Moore. |
In the case of Application Nos 1 and 2, there being no objections, the Committee agreed that the applications be granted.
In the case of Application No 3, the Committee, having heard an agent on behalf of the applicant, 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 REQUEST FOR VARIATION TO ADVERTISE SPONSORSHIP - PRIVATE OPERATOR
There was submitted an application by Mr P F, the holder of a Private Hire Operators Licence to advertise sponsorship on an electric vehicle to be operated as a private hire car. The Committee gave consideration to the content of the application. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, and art work submitted by the applicant in support of their application, Councillor Hunter, seconded by Councillor Bidwell, moved that consideration of the application be deferred to the special meeting of the Committee to be held in July, 2013 to allow the applicant to discuss his application further with sponsors and to allow officers to examine the matter further and submit an agenda note in relation to the application.
As an amendment, Councillor Black, seconded by Councillor Alexander, moved that consideration of the application not be deferred.
On a division, there voted for the motion - Councillors Hunter, Bowes, Ferguson and Bidwell (4); and for the amendment - Councillors Alexander and Black (2) - whereupon the motion was declared carried.
VI REQUEST FOR VARIATION - TAXI OPERATOR
Reference was made to Article X(a) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to defer consideration of the request for variation from Mr G M to allow for a report to be submitted from the Plant and Vehicle Officer. There was submitted a report from the Plant and Vehicle Officer. The Committee gave consideration to the content of the report and the request for variation submitted by Mr G M. Thereafter, having heard an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the request for variation be granted.
VII ANTI-SOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 - REGISTRATION OF CERTAIN LANDLORDS
(i) Reference was made to Article VII(i) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to defer consideration of the application by Mr A G for registration as a landlord to allow the applicant to be in attendance. There was submitted the original memorandum from the Housing Department relevant to this application. The Committee noted that the applicant was not present and having heard an agent on behalf of the applicant, agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 5th September, 2013.
(ii) Reference was made to Article VII(ii) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to defer consideration of the application by Mr A G for registration as a landlord to allow the applicant to be in attendance. There was submitted the original memorandum from the Housing Department relevant to this application. The Committee noted that the applicant was not present and having heard an agent on behalf of the applicant, agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 5th September, 2013.
VIII ANTI-SOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 - REVOCATION HEARING
Reference was made to Article XIII of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to defer the decision on what action should be taken in relation to Mr J C to allow for outstanding matters to be resolved. Thereafter, having a heard a representative of the Housing Department, an agent on behalf of Mr J C and consideration of the advice of the Legal Officer, the Committee agreed to defer the matter further until the meeting of this Committee to be held in September, 2013.
IX HOUSING (SCOTLAND) ACT 2006 - REVOCATION HEARINGS
Reference was made to Article IX of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to defer the decision on what action should be taken in relation to Mr J C to allow for outstanding matters to be resolved. Thereafter, having a heard a representative of the Housing Department, an agent on behalf of Mr J C and consideration of the advice of the Legal Officer, the Committee agreed to defer the matter further until the meeting of this Committee to be held in September, 2013.
(a) STREET TRADER - SUSPENSION HEARING
(i) Reference was made to Article II(c)(i) of the minute of meeting of the Licensing Sub‑Committee held on 6th June, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr F C during the currency of his Street Traders Licence. There was submitted a letter of information from the City Centre Ambassador in relation to the alleged conduct of Mr F C during the currency of his Street Traders 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 the City Centre Ambassador, consideration of the advice of the Legal Officer and consideration of further evidence submitted by the City Centre Ambassador, the Committee agreed that the Street Traders Licence held by Mr F C be suspended with immediate effect for the unexpired portion of the licence.
(ii) Reference was made to Article II(c)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 6th June, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr I C during the currency of his Street Traders Licence. There was submitted a letter of information from the City Centre Ambassador in relation to the alleged conduct of Mr I C during the currency of his Street Traders 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 the City Centre Ambassador, consideration of the advice of the Legal Officer and consideration of further evidence submitted by the City Centre Ambassador, the Committee agreed that the Street Traders Licence held by Mr F C be suspended with immediate effect for the unexpired portion of the licence.
(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
Reference was made to Article X(b) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to grant a temporary Taxi Drivers Licence to Mr S U and to obtain confirmation from the UK Borders Agency in relation to his immigration status. The Committee noted that Mr S U had still to submit his Unique Tax Reference Number and that the UK Border Agency had confirmed he had the right to remain in the country until October, 2014. There was also submitted a copy statement obtained from the applicants solicitor. Thereafter, having heard the applicant on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that a further temporary licence be granted and to delegate authority to the Head of Democratic and Legal Services to consider any further request for temporary grants pending receipt of the Unique Tax Reference Number and to recall the licence to the meeting of this Committee to be held in September, 2013.
(c) TAXI DRIVERS LICENCE - UPDATE
Reference was made to Article VII(c)(i) of the minute of meeting of this Committee held on 7th March, 2013, wherein it was agreed to grant Mr M McN a Taxi Drivers Licence for three month periods with an update and to recall the licence with an update from Police Scotland on each occasion.
There was submitted the original letter of objection from Police Scotland in relation to the application by Mr M McN for a Taxi Drivers Licence. The Committee noted that the licence holder was not present and agreed that this matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that a further licence be granted until September, 2013.
(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS
(i) Reference was made to Article II(b)(iv) of the minute of meeting of the Licensing Sub‑Committee held on 6th June, 2013, wherein it was agreed to hold a hearing in relation to the fitness of Mr G B to be the holder of a Taxi Drivers Licence.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G B during the currency of his Taxi Drivers Licence.
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 until the meeting of this Committee to be held in September, 2013 to allow the licence holder to be present.
(ii) Reference was made to Article VII(d)(vi) of the minute of meeting of this Committee held on 2nd May, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr A C during the currency of his Taxi Drivers Licence to await the outcome of court proceedings and to continue the immediate suspension of the Taxi Drivers Licence held by Mr A C with immediate effect during the intervening period.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A C during the currency of his Taxi Drivers 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 receiving confirmation that no further proceedings would be taken by the Procurator Fiscals Office and consideration of the advice of the Legal Officer, the Committee agreed to further adjourn the hearing in relation to the alleged conduct of Mr A C during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 3rd October, 2013 and that it be suggested to the licence holder that he install a CCTV system within his vehicle to the satisfaction of Police Scotland and the Licensing Department and to recall the suspension of the Taxi Drivers Licence held by Mr A C with immediate effect.
(iii) Reference was made to Article X(d)(vi) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr S D to be the holder of a Taxi Drivers Licence to await a report from OHSAS and to continue the immediate suspension of the Taxi Drivers Licence held by Mr S D with immediate effect during the intervening period.
The Committee gave consideration to the matter.
Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to continue suspension of the Taxi Drivers Licence held by Mr S D with immediate effect and to adjourn the hearing until the meeting of this Committee to be held in September, 2013.
(iv) Reference was made to Article II(b)(v) of the minute of meeting of the Licensing Sub‑Committee held on 6th June, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr S D during the currency of his Taxi Drivers Licence.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S D during the currency of his Taxi Drivers Licence.
The Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable and an agent on behalf of the licence holder, the licence holder on his own behalf and consideration of advice of the Legal Officer and a letter in support of which had been submitted on behalf of the licence holder, 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.
(v) Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 6th June, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D F during the currency of his Taxi Drivers Licence.
There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr D F during the currency of his Taxi Drivers Licence.
The Committee gave consideration to the content of the letter.
Thereafter, having heard the Environmental Compliance Manager, the licence holder on their own behalf 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 final written warning as to their future conduct.
(vi) Reference was made to Article VII(d)(viii) of the minute of meeting of this Committee held on 2nd May, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M F during the currency of his Taxi Drivers 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 of his Taxi Drivers Licence.
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 further adjourn the hearing in relation to the alleged conduct of Mr M F during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held in October, 2013 to await the outcome of court proceedings.
(vii) Reference was made to Article VIII(d)(vi) of the minute of meeting of this Committee held on 7th March, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Ms S G during the currency of her Taxi Drivers 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 Ms S G during the currency of her Taxi Drivers Licence.
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 that the Taxi Drivers Licence held by Ms S G be suspended for a period of three months and to hold a fresh hearing in relation to the alleged conduct of Ms S G at the meeting of this Committee to be held in October, 2013.
(viii) Reference was made to Article X(e)(vii) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr J H to be the holder of a Taxi Drivers Licence and to wait a report from OHSAS on the medical fitness of Mr J H to be the holder of a Taxi Drivers Licence.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J H during the currency of his Taxi Drivers Licence.
The Committee gave consideration to the content of the letter.
Thereafter, having heard the licence holder on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the fitness of Mr J H to be the holder of a Taxi Drivers Licence until the meeting of this Committee to be held in July, 2013 and to continue the suspension of the Taxi Drivers Licence to be held by Mr J H with immediate effect during the intervening period.
(ix) Reference was made to Article X(e)(i) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr S McI to be the holder of a Taxi Drivers Licence to allow the licence holder to be in attendance.
There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr S McI during the currency of his Taxi Drivers Licence.
The Committee gave consideration to the content of the letter.
Thereafter, having heard the Environmental Compliance Manager and consideration of the advice of the Legal Officer, the Committee agreed to suspend the Taxi Drivers Licence held by Mr S McI for a period of one month.
(x) Reference was made to Article X(e)(x) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to recall the immediate suspension of the Taxi Drivers Licence held by Mr R McL and to adjourn the hearing on a monthly basis.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R McL during the currency of his Taxi Drivers Licence.
The Committee gave consideration to the content of the letter.
Thereafter, having considered the advice of the Legal Officer, the Committee agreed to further adjourn the hearing in relation to the conduct of Mr R McL during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held in September, 2013.
(xi) Reference was made to Article II(b)(vii) of the minute of meeting of the Licensing Sub‑Committee held on 6th June, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J McL during the currency of his Taxi Drivers Licence.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J McL during the currency of his Taxi Drivers Licence.
The Committee gave consideration to the content of the letter.
Thereafter, having considered the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr J McL during the currency of his Taxi Drivers Licence until the meeting of this Committee to be held in September, 2013 to allow the licence holder to be present and to await the outcome of criminal proceedings.
(xii) Reference was made to Article X(e)(ii) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G McN during the currency of his Taxi Drivers Licence to allow the licence holder to pay the outstanding Fixed Penalty Notice.
There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr G McN during the currency of his Taxi Drivers Licence.
The Committee gave consideration to the content of the letter.
Thereafter, having considered the advice of the Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in September, 2013 to allow the licence holder to be present.
(xiii) Reference was made to Article V(d)(v) of the minute of meeting of this Committee held on 7th February, 2013, wherein it was agreed to issue Ms C P with a warning and to adjourn the hearing until the meeting of this Committee.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Ms C P during the currency of her Taxi Drivers Licence.
The Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable, the Committee agreed that no further action be taken.
(xiv) Reference was made to Article VIII(c)(vii) of the minute of meeting of this Committee held on 28th March, 2013, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R R during the currency of his Taxi Drivers Licence to allow the licence holder to source areas of support.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R R during the currency of his Taxi Drivers Licence.
The Committee gave consideration to the content of the letter.
Thereafter, having heard the licence holder on their own behalf and consideration of a letter of support submitted on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that should an application be submitted by Mr R R for renewal of his Taxi Drivers Licence in 2014 that this be submitted to the Committee for consideration.
(xv) Reference was made to Article II(a) of the minute of meeting of this Committee held on 28th May, 2013, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr S U with immediate effect and to hold a hearing in relation to the fitness of Mr S U to be the holder of a Taxi Drivers Licence.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S U during the currency of his Taxi Drivers Licence.
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 S U during the currency of his Taxi Drivers Licence until the meeting of this Committee to be held in September, 2013 and to continue the immediate suspension of the Taxi Drivers Licence held by Mr S U during the intervening period with immediate effect.
(xvi) Reference was made to Article II(b)(i) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr C G during the currency of his Taxi Drivers Licence.
There was submitted information from the Licensing Office relevant to the alleged conduct of Mr C G during the currency of his Taxi Drivers Licence.
Thereafter, having considered the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the fitness of Mr C G to be the holder of a Taxi Drivers Licence until the meeting of this Committee to be held in September, 2013 to allow both the licence holder and the complainer to be present.
(xvii) Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 6th June, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr C K during the currency of his Taxi Drivers Licence.
There was submitted information from the Licensing Office relevant to the alleged conduct of Mr C K during the currency of his Taxi Drivers Licence.
Thereafter, having considered the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the fitness of Mr C K to be the holder of a Taxi Drivers Licence until the meeting of this Committee to be held in September, 2013 to allow both the licence holder and the complainer to be present.
(xviii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 6th June, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr C S during the currency of his Taxi Drivers Licence.
There was submitted information from the Licensing Office relevant to the alleged conduct of Mr C S during the currency of his Taxi Drivers Licence.
Thereafter, having heard the licence holder on their own behalf 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 their future conduct.
(xix) Reference was made to Article II(b)(iii) of the minute of meeting of this Committee held on 6th June, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr M A during the currency of his Taxi Drivers Licence.
There was submitted information from the Licensing Office relevant to the alleged conduct of Mr M A during the currency of his Taxi Drivers Licence.
Thereafter, having considered the advice of the Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in September, 2013 to allow the licence holder to be present.
Stewart HUNTER, Convener.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 6th June, 2013.
APPENDIX I
Present:-
Councillor Stewart HUNTER
Councillor Dave 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 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 DECLARATION OF INTEREST
No declarations of interest were made.
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI DRIVERS LICENCE - REQUEST FOR HEARINGS
(i) Reference was made to Article II(b) of the minute of meeting of the Licensing Sub‑Committee held on 23rd January, 2013, wherein it was agreed that Mr C S be issued with a final written warning in relation to his conduct during the currency of his Taxi Drivers Licence.
There was submitted a note of information from the Licensing Department relative to the conduct of Mr C S during the currency of his Taxi Drivers Licence.
The Sub-Committee gave consideration to the content of the note submitted by the Licensing Department. The Sub-Committee noted that the licence holder had been observed parking indiscriminately and that he had been warned to stop the practice and that he had also been issued with a written warning as to his future behaviour. Thereafter, the Sub-Committee agreed that a hearing be held in relation to the fitness of Mr C S to be the holder of a Taxi Drivers Licence.
(ii) There was submitted a note of information from the City Development Department relative to the conduct of Mr C G during the currency of his Taxi Drivers Licence.
The Sub-Committee gave consideration to the content of the note submitted by the City Development Department. The Sub-Committee noted the content of the note and that the licence holder had been observed parking indiscriminately and that he had been warned to stop the practice. Thereafter, the Sub-Committee agreed that a hearing be held in relation to the fitness of Mr C G to be the holder of a Taxi Drivers Licence.
(iii) There was submitted a letter of information from the City Development Department relative to the conduct of Mr C K during the currency of his Taxi Drivers Licence.
The Sub-Committee gave consideration to the content of the letter. Thereafter, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr C K to be the holder of a Taxi Drivers Licence.
(iv) There was submitted a letter of information from the City Development Department relative to the conduct of Mr M A during the currency of his Taxi Drivers Licence.
The Sub-Committee gave consideration to the content of the letter. Thereafter, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr M A to be the holder of a Taxi Drivers Licence.
(v) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G B during the currency of his Taxi Drivers 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 a hearing be held in due course in relation to the fitness of Mr G B to be the holder of a Taxi Drivers Licence.
(vi) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S D during the currency of his Taxi Drivers 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 a hearing be held in due course in relation to the fitness of Mr S D to be the holder of a Taxi Drivers Licence.
(vii) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr D F during the currency of his Taxi Drivers Licence.
The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr D F to be the holder of a Taxi Drivers Licence.
(viii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J McL during the currency of his Taxi Drivers 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 a hearing be held in due course in relation to the fitness of Mr J McL to be the holder of a Taxi Drivers 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.
(ix) There was submitted a further letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr D F during the currency of his Taxi Drivers Licence.
The Sub-Committee gave consideration to the content of the letter. Thereafter, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr D F to be the holder of a Taxi Drivers Licence to take place at the same time as the hearing referred to at Article II(vii) of this minute in relation to the same licence holder.
(b) STREET TRADER'S LICENCE - REQUEST FOR HEARING
(i) There was submitted a letter of information from the City Development Department relative to the alleged conduct of Mr F C and Mr I C during the currency of their Street Traders Licence.
The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr F C and Mr I C to be the holders of Street Traders Licences.
Stewart HUNTER, Convener.