Licensing Committee - 07/11/2013

At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th November, 2013.

 

Present:-

 

COUNCILLORS

 

John ALEXANDER

David BOWES

Georgia CRUICKSHANK

Jimmy BLACK

Stewart HUNTER

Tom FERGUSON

 

Laurie BIDWELL

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 3rd October, 2013 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATION OF INTEREST

 

There were no declarations of interest.

 

ll MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

 

The minutes of meetings of the Licensing Sub-Committee held on 5th September, 2013, 3rd October, 2013, 16th October, 2013 and 22nd October, 2013 were submitted for information and record purposes. (Appendices I, II, III and IV).

 

lll MINUTE OF TAXI LIAISON GROUP

 

The minute of meeting of the Taxi Liaison Group held on 21st May, 2013 was submitted for information and record purposes. (Appendix V).

 

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

 

LATE HOURS CATERING - NEW APPLICATIONS

 

No

Name

Address of Premises

 

1

Adam Pyrek

Food Temple, 124A Hilltown

 

PET ANIMALS - NEW APPLICATION

 

No

Name

Address of Premises

 

1

Pets at Home

Unit 3A, Kingsway East Retail Park

 

PRIVATE HIRE OPERATORS - NEW APPLICATION

 

No

Name

Address

 

1

Skycabs Direct

13 Bellisle Drive

 

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

 

No

Name

Address of Premises

 

1

James Dunlop

Kirkton Community Centre (18/10/2013)

2

James Dunlop

Kirkton Community Centre (21/10/2013)

3

DUSA

Heathfield Car Park (21/09/2013)

4

Charles Horne

Caird Park (26/09/2013 to 08/10/2013)

5

Charles Horne

Riverside (12/09/2013 to 22/09/2013)

6

Pachamama Productions

26A Lewis Terrace (20/09/2013 to 25/09/2013)

 

SKIN PIERCING AND TATTOOISTS - NEW APPLICATION

 

No

Name

Address

 

1

Margaret McManus

G/2, 38 Buttar's Place

 

TAXI DRIVER - NEW APPLICATIONS

 

No

Name

Address

 

1

Brian Currie

28 Bowbridge Place

2

Peter Duff

1/L, 2 Wiston Place

3

William Kelly

10 Clement Park Road

4

Craig Lafferty

21B Craigmount Place

5

Ian McKenzie

24 North Balmossie Street

5

Andrew Sturrock

99 Balunie Drive

6

Christopher Webster

11 Haddington Avenue

 

TAXI OPERATOR - NEW APPLICATION

 

No

Name

Address

 

1

William Kelly

10 Clement Park Road

 

(b) LATE HOURS CATERING - REQUEST FOR VARIATION

 

No

Name

Address of Premises

 

1

Sanat Ghatak

Shaheen, 102 Nethergate

 

The Committee agreed to grant a variation to amend opening hours to 3.30 am Mondays to Sundays.

 

(c) STREET TRADERS LICENCE - REQUEST FOR VARIATION

 

No

Name

Address

 

1

Eve-Lynn Fraser

42 Blacklock Crescent

 

The Committee agreed to grant a variation to remove Conditions 9 and 10 in relation to the stated location, Arrol Road, until May, 2014 only.

 

(d) TAXI DRIVER LICENCE - NEW APPLICATIONS

 

No

Name

Address

 

1

Mark Finnegan

44 Viewmount, Forfar

 

Reference was made to Article lll(e)(ii) of the minute of meeting of this Committee of 2nd May, 2013, wherein the applicant was granted a temporary licence for three months from receipt of his UTRN.

 

The Committee, having heard from the Clerk, agreed to grant the above application.

 

 

2

Farhan Saif

341 Craigie Drive

 

The Committee agreed to refuse the above application on the grounds that the above applicant had failed to pass his street test within the prescribed period.

 

V HOUSING SCOTLAND ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

The undernoted applications had been received:-

 

No

Name

Person Responsible

Address

 

1

Cameron Watson

Brian Webster

t/a Downfield Property Company

G/0, 10 Dudhope Street

 

The Committee, having heard from the applicant on their own behalf and the Director of Housings representative, agreed to grant the above application but to recall in six months for an update.

 

2

Stephen Brown and Elizabeth Van Beek

2 Rent Me Property Ltd/

Richard Hawkins

4/2, 45 Commercial Street

 

The Committee, having heard from the Director of Housings representative and the applicant on their own behalf, agreed to grant the above application.

 

3

Alistair R J Dick

2 Rent Me Property Ltd/

Richard Hawkins

216 Perth Road

 

The Committee, having heard from the applicant on their own behalf and the Director of Housings representative, agreed to grant the above application.

 

4

Iain and

Susan MacLean

Rossclare Lettings/Neil Thomson

29 Springfield

 

The Committee, having heard from the applicant on their own behalf and the Director of Housings representative, agreed to grant the above application.

 

5

Duncan and

Christine Fitch

Grant Property Solutions Ltd/

Peter Grant

25 Union Place

 

The Committee, having heard from the applicants' representative and the Director of Housings representative, agreed to grant the above application.

 

6

Stephen and

Doreen Hainey

and Dermot Healy

Easylets Ltd/Jack Reavley

13 King Street

 

The Committee, having heard from the applicants representative and the Director of Housings representative, agreed to grant the above application.

 

The Committee agreed to defer the undernoted applications:-

 

No

Name

Address

 

7

Archibald and Anna Fleming

1st Floor, 1 South Tay Street

8

Julie Robertson

4/1, 93 Arbroath Road

9

Alistair Dalgleish

46 South Victoria Dock Road

10

West One Properties (UK) Ltd

Flat 10, 2 Blinshall Street

 

11

West One Properties (UK) Ltd

54 Horsewater Wynd

12

West One Properties (UK) Ltd

Flat 16, 2 Blinshall Street

13

West One Properties (UK) Ltd

Flat 4, 2 Blinshall Street

14

West One Properties (UK) Ltd

34 Horsewater Wynd

15

Barbara and Geoffrey Say

4/2, 94 Commercial Street

16

Maryann Burns

2/2, 94 Commercial Street

17

Gerard Burns

3/2, 94 Commercial Street

18

Tayside University Hospitals NHS Trust

Ninewells Hospital

19

Abdul A I Ibrahim

2/1, 40 Union Street

20

Muhammad Y Sorathia and

Muhammad Z Sorthya

2nd Floor, 8 Castle Street

21

Mahomed Amin Ossman Aziz Satar

2/0, 34 Forest Park Place

22

Mark and Ruth Bailey

2/2, 5 Baxter Park Terrace

23

Garry and Gordon Lees

Flat 1, Hillbank Halls, 1A Constitution Street

24

Garry and Gordon Lees

Flat 2, Hillbank Halls, 1A Constitution Street

25

Garry and Gordon Lees

Flat 3, Hillbank Halls, 1A Constitution Street

26

Garry and Gordon Lees

Flat 4, Hillbank Halls, 1A Constitution Street

27

Garry and Gordon Lees

Flat 5, Hillbank Halls, 1A Constitution Street

28

David Simpson

Flat J, 13 Dudhope Street

29

Balgowan Investments Ltd

3/1, 7 Roseangle

30

Balgowan Investments Ltd

3/2, 7 Roseangle

 

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

 

1

2/2, 58 Seafield Road

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

 

2

32 Lytton Street

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

 

3

6 Rankine Street

Change of day to day manager to Cornerstone/Freda Bennett.

 

4

1/2, 351 Clepington Road

Change of day to day manager to Finlayson Gore Ltd/Eilidh McLeod.

 

5

2/R, 351 Clepington Road

Change of day to day manager to Finlayson Gore Ltd/Eilidh McLeod.

 

6

3/1, 54 Bell Street

Change of day to day manager to Finlayson Gore Ltd/Eilidh McLeod.

 

7

3/2, 43 Union Street

Change of day to day manager to Nicholas Irwin.

 

8

Opal 1, 15 Parker Street,

Flats A1 - A7, B1 - B15, C3 - C17, D6 - D22, E1, E4 - E20 and F1 - F9

Change to day to day manager to CRM Parker Street/ Joanne Anderson.

 

In this case of Application Nos 1 to 6 and 8, there being no objections, the Committee agreed that the applications be granted.

 

In the case of Application No 7, the Committee agreed to defer the application to the December meeting of this Committee and requested the attendance of Mr Nicholas Irwin.

 

(c) MANDATORY LICENSING OF HOUSES IN MULTIPLE OCCUPATION FEES

 

There was submitted Agenda Note AN123-2013 where reference was made to Article II(c) of this Committee of 28th March, 2013 when fees in respect of Houses in Multiple Occupation were approved with no increase for 2013/2014.

 

The fees for the licensing of HMOs included a fee payable to the then Tayside Fire and Rescue Service in respect of inspections carried out by them. The Scottish Fire and Rescue Service had however recently indicated that fees would no longer be charged by them in respect of these inspections, effective from the 1st April, 2013, although there would be no change to the inspection and reporting regime.

 

The Committee was asked to formally approve the following revised initial and validation fee scales for HMOs, for the remainder of this financial year, which had been reduced to take account of the previous Fire and Rescue Service fee:-

 

 

INITIAL FEE

VALIDATION FEE

Occupancy Level

Basic Fee

Additional Inspection Fee

Basic Fee

Additional Inspection Fee

Current

Proposed

Current

Proposed

3 to 5 persons

1,140

1,000

58

960

890

58

Up to 10 persons

1,240

1,060

58

960

890

58

Up to 20 persons

1,440

1,260

58

1,160

1,070

58

Up to 30 persons

1,640

1,360

58

1,160

1,070

58

Up to 40 persons

1,840

1,560

58

1,160

1,070

58

Up to 50 persons

2,040

1,760

58

1,160

1,070

58

Up to 75 persons

2,540

2,260

58

1,460

1,320

58

Up to 100 persons

3,040

2,670

58

1,460

1,320

58

Up to 200 persons

5,040

4,670

58

1,460

1,320

58

Over 200 persons

7,040

6,670

58

1,460

1,320

58

 

The Committee was further asked to formally approve the reimbursement of the relevant Fire and Rescue element of the fees paid by those applicants who had paid their fees since 1st April, 2013.

 

The Committee agreed to approve the above fees, subject to review for the 2014/2015 Financial Year.

 

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) REQUEST FOR VARIATION - TAXI OPERATOR

 

There was submitted a request for variation from Mr M S, together with a letter from the applicants GP.

 

The Committee, having heard from the applicant on their own behalf and the Committee's Legal Adviser, agreed to defer the above application to the December meeting of this Committee.

 

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

(i) The Committee agreed to defer the application in respect of Mr J I having noted that the applicant was not present.

 

(ii) The Committee, having heard from the Chief Constables representative and the applicants representative, agreed to defer the above application to the December meeting of this Committee in respect of Mr J K for the applicant to provide additional information regarding one of the incidents in the police letter, together with his medical certificate and UTRN.

 

(iii) The Committee, having heard from the Chief Constables representative, the applicants representative and the Committee's Legal Adviser, agreed to grant the above application for two months, subject to proof of UTRN being produced and to be referred back to the January, 2014 meeting of this Committee for an update in respect of Mr J McL.

 

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

 

(i) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee of 22nd October, 2013, wherein Mr S Ds licence was suspended with immediate effect.

 

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, having heard from the Chief Constables representative, an agent on behalf of the licence holder and the Committee's Legal Adviser, agreed to lift the immediate suspension, to take no further action with regard to the letter of complaint and refer the application back to this Committee at time of renewal of licence.

 

(ii) Reference was made to Article IX(d)(v) of the minute of meeting of this Committee of 27th June, 2013, wherein Mr D F was issued with a final written warning.

 

The Committee, having heard from the Director of Environments representative, the licence holder on his own behalf and the Committee's Legal Adviser, agreed to defer the hearing to the December meeting of this Committee.

 

(iii) Reference was made to Article V(d)(viii) of the minute of meeting of this Committee of 3rd October, 2013, wherein it was agreed to defer consideration of the hearing in respect of Mr J H.

 

Thereafter, the Committee, having taken into account the final report from OHSAS, heard from the Chief Constables representative, a representative on behalf of the licence holder and the Committee's Legal Adviser, agreed to lift the immediate suspension and recall to the January, 2014 meeting of the Committee for an update.

 

(iv) Reference was made to Article VII(d)(ix) of the minute of meeting of this Committee of 2nd May, 2013, wherein the Committee suspended Mr J J's Taxi Drivers Licence. The Sheriff had remitted the hearing back to be re-considered.

 

Thereafter, the Committee, having heard from the Chief Constables representative, the licence holder on their own behalf and the Committee's Legal Adviser, agreed to issue a written warning and refer the renewal application to the full Committee.

 

(v) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee of 16th October, 2013, wherein the Taxi Drivers Licence held by Mr C S was suspended with immediate effect.

 

The Committee agreed to defer the hearing to the meeting of this Committee on 5th December, 2013, for the licence holder to appear.

 

 

 

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 5th September, 2013.

 

APPENDIX I

 

Present:-

 

Councillor Stewart HUNTER

Councillor John ALEXANDER

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 HEARINGS

 

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Ms H C during the currency of her 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 Ms H C to be the holder of a Taxi Drivers licence.

 

(ii) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr G M during the currency of his Taxi Drivers Licence.

 

The Sub-Committee gave consideration to the content of the letter submitted by the Environmental Compliance Manager. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr G M to be the holder of a Taxi Drivers Licence.

 

(iii) 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 submitted by the Environmental Compliance Manager. Thereafter, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr D F to be the holder of a Taxi Drivers Licence.

 

(iv) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S N 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 S N 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 M A A 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 M A 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 R R 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 R R to be the holder of a Taxi Drivers Licence.

 

(vii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Ms S G during the currency of her 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 Ms S G 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 N 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, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr N B to be the holder of a Taxi Drivers Licence.

 

(ix) 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 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 G B to be the holder of a Taxi Drivers Licence.

 

(b) TAXI DRIVER'S AND TAXI OPERATORS LICENCES - REQUEST FOR HEARINGS

 

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M A during the currency of his Taxi Driver's and Operator'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 M A to be the holder of a Taxi Drivers and Taxi Operators Licence.

 

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C W during the currency of his Taxi Driver's and Taxi Operators 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 C W to be the holder of a Taxi Drivers and Taxi Operators Licence.

 

III INDISCRIMINATE PARKING IN NETHERGATE

 

There was submitted a note of information from the Licensing Department relative to the conduct of Mr B G, Mr B R and Mr M M during the currency of their Taxi Driver's Licence.

 

The Sub-Committee gave consideration to the content of the note submitted by the Licensing Department. The Sub-Committee noted that the licence holders had been observed parking indiscriminately and they had been previously warned to stop the practice. Thereafter, the Sub‑Committee agreed that a final written warning be issued to Mr B G and Mr B R and to hold a hearing in respect of Mr M M.

 

IV ANTI-SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004 - REGISTRATION OF CERTAIN LANDLORDS

 

There was submitted a letter of information from the Chief Constable relative to the conduct of Mr P J during the currency of his HMO 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 P J to be the holder of an HMO Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 3rd October, 2013.

 

APPENDIX Il

 

Present:-

 

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Laurie BIDWELL

 

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) INDISCRIMINATE PARKING IN NETHERGATE

 

There was submitted a note of information from the Licensing Department relative to the conduct of the following taxi drivers during the currency of their Taxi Driver's Licences.

 

(i) Mr T A

(ii) Mr J D

(iii) Mr J D

(iv) Ms L S

(v) Mr D F

 

The Sub-Committee gave consideration to the content of the note submitted by the Licensing Department. The Sub-Committee noted that the licence holders had been observed parking indiscriminately and that they had all been previously warned top stop the practice. Thereafter, the Sub-Committee agreed:-

 

(i) that final written warnings be issued to Mr T A, Mr J D and Mr J D and to note that any further infringements would result in requests for hearings in relation to their fitness to be the holders of Taxi Driver's Licences; and

 

(ii) that hearings be held in relation to the fitness of Ms L S and Mr D F to be the holders of Taxi Drivers Licences.

 

(b) TAXI DRIVERS LICENCE - REQUEST FOR HEARINGS

 

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J H during the currency of his Taxi Driver'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 a hearing be held in due course in relation to the fitness of Mr J H to be the holder of a Taxi Driver's Licence.

 

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M P during the currency of his Taxi Driver'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 a hearing be held in due course in relation to the fitness of Mr M P to be the holder of a Taxi Driver's Licence.

 

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.

 

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr R I during the currency of his Taxi Driver's Licence.

 

The Sub-Committee gave consideration to the content of the letter. 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 held in due course in relation to the fitness of Mr R I 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 16th October, 2013.

 

APPENDIX Ill

 

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 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 DRIVER'S LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C S 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 the Taxi Drivers Licence held by Mr C S be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr C S to be the holder of a Taxi Drivers Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 22nd October, 2013.

 

APPENDIX IV

 

Present:-

 

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Lesley BRENNAN

 

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 IMMEDIATE SUSPENSION

 

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 Driver's Licence.

 

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

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 21st May, 2013.

 

APPENDIX V

 

Present:-

 

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

 

Stuart GALLOWAY, Principal General Services Officer, Corporate Services Department

Brian WOODCOCK, Senior Solicitor, Licensing, Corporate Services Department

Neil GELLATLY, City Development Department

 

TAXI TRADE REPRESENTATIVES

 

Steve CASHLEY, Dundee 505050 Taxis

Doug INGLIS (for David YOUNG, Dundee Private Hire 203020 Ltd)

Graeme STEPHEN, Dundee Taxi Association

Geordie HARRIS, Tay Taxis

John CURRAN, Tele Taxis

Chris ELDER, Unite The Union

 

POLICE SCOTLAND REPRESENTATIVES

 

Fiona JARRETT (Inspector)

Cammy FORBES (Constable)

John CALDWELL (Constable)

 

Also in attendance:-

 

Stewart MURDOCH, Director, Leisure and Communities, Dundee City Council

Stewart DODD, Environment Department, Dundee City Council

 

Stuart GALLOWAY, in the Chair.

 

l MINUTE OF PREVIOUS MEETING

 

The minute of meeting of the Taxi Liaison Group held on 18th December, 2012 was submitted and noted for information and record purposes.

 

II DUNDEE CITY COUNCIL

 

Items on agenda at request of Dundee City Council:-

 

(a) CITY OF CULTURE BID

 

Stewart Murdoch, Director, Leisure and Communities, Dundee City Council reported on the progress of the bid for Dundee to be named the City of Culture. Mr Murdoch advised of the help and assistance provided by members of the public in this regard and further advised the representatives of the Taxi Trade within Dundee that they too could make a positive contribution and to seek their assistance with the ambassadorial role they play for visitors to the City and the positive impressions they could convey. Mr Murdoch highlighted what the bid could mean for Dundee and the positive benefits by way of bringing increased income to the City. The Group noted the report and agreed that a review of the conditions for dress code be undertaken.

 

(b) TAXI TEST GUIDANCE

 

Stuart Galloway reported on Taxi Test Guidance. The Group noted the content of the guidance and that this would take effect from 1st June, 2013.

 

(c) METER TESTS

 

Stuart Galloway reported on meter tests.

 

The Group noted that feedback on the new arrangements had been positive.

 

(d) SURVEY

 

Stuart Galloway reported on the progress of the survey.

 

The Group noted that Halcrow had been awarded the contract as they provided the best value. Rank surveys and passenger questionnaires would be carried out. The final report would be available in time for the meeting on 27th June, 2013. An Annual update had also been completed and updates were on the website.

 

The Group noted the report.

 

(e) DRIVER TRAINING

 

Stuart Galloway reported on the progress of driver training.

 

The Group noted that feedback was awaited and that consultation on the content of the test had been undertaken with the Scottish Qualification Association and Napier University.

 

III POLICE SCOTLAND (TAYSIDE DIVISION)

 

Items on agenda at request of Police Scotland (Tayside Division):-

 

(a) THE ISSUE OF PLATES AT TIME OF VEHICLE TEST

 

Constable John Caldwell reported that some operators were not producing insurance documents when attending at the cabs office for paperwork prior to testing. In most of these occasions, the vehicles were tested and the relevant certificate of fitness were passed back to the cabs office for retention pending the production of required documentation. The plate was affixed to the vehicle and the operator could ply for hire.

 

In a number of occasions, the operator had to be reminded to attend at the cabs office to produce documentation and uplift certificate, some certificates lay for several months. It was accepted that V5 documents could take several weeks to be dispatched from DVLA. There would be no change to the current procedure in this case.

 

The Group agreed:-

 

(i) that in circumstances where no insurance was produced at the cabs office, the vehicle would proceed to the test as booked (avoiding any re booking or loss of revenue) and, at the conclusion of the test, it was proposed that the plate be retained by the test station/cabs office;

 

(ii) to note that this would ensure that the vehicle could not be put into service without there being in force a certificate of insurance. The onus would then be on the operator to return with relevant proof of insurance (which may be faxed) at which time the plate would be issued along with the certificate of fitness; and

 

(iii) to note this proposal was in the interests of keeping people safe and legal.

 

(b) CARRIAGE OF CHILDREN UNDER THREE YEARS OF AGE IN TAXIS AND PRIVATE HIRE CARS

 

Constable John Caldwell reported on the content of the information sheet submitted and provided by Police Scotland (Tayside Division) to highlight the responsibilities of carrying children under three years of age in taxis and private hire cars.

 

The information sheet outlined the law in summary for ease of interpretation with a further reference to the primary legislation should anyone wish to refer to it in closer detail. The information sheet emphasised that the driver, in all circumstances, was responsible for passenger safety.

 

The Group noted the report.

 

IV DUNDEE TAXI ASSOCIATION

 

Items on agenda at request of Dundee Taxi Association:-

 

(a) WE WOULD LIKE TO SEE MORE ENFORCEMENT ON BUS/TAXI LANES

 

Graeme Stephen reported that the DTA would like to see more enforcement on bus/taxi lanes.

 

Inspector Jarrett advised that the concerns expressed would be made known to operational policing.

 

(b) SOME WAY TO EDUCATE THE PUBLIC AS TO DIFFERENCE WITH PRIVATE HIRE AND TAXIS

 

Graeme Stephen reported on the wish to educate the public as to difference with private hire and taxis with a view to having individual numbers for taxis and private hire vehicles which may be operated from the same office.

 

The Group noted that Brian Woodcock would check with other Councils as to what the position was within their local authority area.

 

(c) MORE TAXI RANKS AND SOME WAY IF POSSIBLE TO HAVE TAXIS SIT CLOSER TOGETHER ON TANKS (OFFICE CARS TAKING TOO MUCH SPACE)

 

The Group noted that this matter would be covered at Article V(c).

 

(d) TAXI MARSHALLS ON RANKS (CASINO)

 

The Group noted that this matter had been covered at Article IV(a).

 

(e) WOULD LIKE TO SEE COUNCIL LOOK FOR FUNDING FOR CCTV IN TAXIS

 

Graeme Stephen reported on the possibility of the Council investigating funding for CCTV in taxis.

 

Stuart Galloway commented that this matter would be investigated through the Community Safety Partnership. Neil Gellatly advised that parking attendants had CCTV and it had prevented physical abuse on many occasion.

 

Stuart Galloway passed round a notice for CCTV for displaying in taxis which was agreed by the Group for insertion in taxis.

 

The Group noted the update and also agreed to the notice with regard to CCTV for display in taxis.

 

(f) NO ADDITIONAL PLATES AT MOMENT AS WE DO NOT NEED SURVEY TO TELL US THAT THERE IS NO RANK SPACE

 

Graeme Stephen reported that it was considered that no additional plates be issued at the moment as it was considered that there was insufficient rank space.

 

In reply, Stuart Galloway advised that the position on the number of taxis would be known by the end of May and Brian Woodcock also explained the current position.

 

(g) MORE TAXI ENFORCEMENT AND WHEN CAB OFFICERS SUSPECT A CRIME HAS TAKEN PLACE IT SHOULD BE SENT ON TO POLICE SCOTLAND, TAYSIDE DIVISION, BELL STREET, DUNDEE

 

Graeme Stephen reported that it was considered that the above proposal would make more efficient use of the time of the cabs officer.

 

(h) TESTING OF TAXIS THAT DRIVERS GET ON LOAN FROM THEIR INSURANCE WHEN THEIR TAXI HAS BEEN SMASHED

 

Graeme Stephen reported on the above.

 

The Group noted the position on cars being transported between various areas and, as a result, could be operational within different local authority boundaries and what this meant for the testing of the vehicle.

 

The Group noted that Stuart Galloway would look into this matter and whether or not the vehicle in question was actually private hire.

 

V UNITE THE UNION

 

Items on agenda at request of Unite the Union:-

 

(a) TINTED WINDOWS

 

Chris Elder reported that he and Roger Paterson were discussing the present situation and Chris came up with a suggestion, if all taxis, whether they be carrying a full body wrap advert or in the case of the private hire who were allowed tinted windows, if it were made compulsory to having Council approved CCTV being fitted to either type of vehicle whether it be a full body wrap advert or tint, if this became compulsory this could eradicate all the Council and Tayside Police fears regards safety.

 

Chris advised that it was his understanding that the CCTV systems store the sound and visions for up to three weeks, if a situation arose the CCTV being made compulsory may allay fears regards public safety.

 

Unfortunately some of the newer estate cars came with tinted windows from the C pillar back; this was due to security in the luggage area, if this being the case in the future with certain car manufacturers maybe the choice of larger higher spec vehicles would become limited. Chris felt putting on higher end spec vehicles was good for the image of the city and comfort for the passenger/driver. Dundee with the V&A on the horizon, and the new railway station, and soon to be refurbished Tay Hotel by the Malmaison Hotel Group, one of the first images visitors would come in contact with was the public transportation system, having higher spec taxis could only be a good thing for the image of the City.

 

The Group noted the position and that any change in the policy would have to be agreed by Committee.

 

(b) PRIVATE HIRE

 

Chris Elder reported that any new private hire licence should be wheelchair accessible. Chris did not know if this was in the documents to go in front of the Licensing Committee as part of the capping of the town etc. Unite felt that once the cap on the hackneys was implemented, the private hire would escalate. Also, at the moment, any new hackney coming on had to be wheelchair accessible, same should apply to private hire.

 

The Group noted the position in other local authorities would be investigated.

 

(c) TAXI RANKS AND TAXI CARD SCHEME

 

(i) Chris Elder reported that there had been consultation regarding the taxi card scheme/DRT with pensioners groups and other disability groups. Unite wanted to raise our concerns that if the taxi operators, many who have gone to great expense to put on wheelchair accessible taxis, found that they no longer had the money from the taxi card scheme (250,000) and also the money that the passenger pays on top of that 250,000 could be in the region of over a million pounds, the Taxi Trade could not survive that kind of loss. This would reduce the amount of work from offices and these office cars would be sitting on taxi ranks creating more overspill on the ranks. Also, the public would get a lesser service using the DRT system.

 

The Group noted that this would be reported to the Committee in June, 2013.

 

(ii) Chris Elder reported that more ranks space situated in the heart of the City Centre was required. Possible areas the Trade would like to discuss as future taxi ranks, rank at Barrhead Travel, rank at the Registrars, Commercial Street, Reform Street located in the pedestrian area at Samuels as spoken about by Chris Elder, extend the front of the Nethergate Rank. The Trade would also like Dundee City Council to defer all future taxi licence applications until the provision of sufficient ranks were put in place for the taxi fleet at present, this would not be a deviation from the Council's present policy but the Council providing sufficient rank space for the present fleet and any future grant of a licence.

 

The Group noted that a rank at the Registrars was possible but the traffic was facing the wrong way and that a rank at Reform Street was not possible. In addition, a review of the parking team was also being undertaken with the possibility of implementing taxi marshals and the review be undertaken in January, 2014.

 

The Group agreed to taxi driver marshals being financed.

 

(iii) Chris Elder reported any new taxi granted a licence or any licence already in service who change their vehicle and present it for testing should, in our opinion, have a separate luggage compartment for the safe carriage of goods and passengers.

 

The Group noted that Stuart Galloway would look into that.

 

(iv) Chris Elder reported new badge holders to be formally interviewed by the Council prior badge application.

 

The Group noted that Brian Woodcock would check the operations of this system in Fife Council.

 

(v) Chris Elder reported taxi and private hire to be operated separately on different telephone numbers - this would eradicate confusion over public perception of what a taxi and private hire vehicles are. If the public phoned for a taxi they should be sent a taxi and if they phone a private hire number they should be sent a private hire.

 

The Group noted that this item had been covered.

 

(vi) Tax Reference number, we believe that some drivers are putting any number down and if this is the case is the Council corroborating these numbers with the tax office.

 

The Group noted that drivers had to submit HMRC documentation.

 

(vii) Chris Elder reported taxi card regards the removal of the taxi card scheme to DRT.

 

The Group noted this item had been covered.

(viii) Chris Elder reported the Council 50 page document to restructure the trade is long overdue and the Trade should have access to such document and be consulted on the contents, after all it is the Trade who will be affected by this document.

 

The Group noted the report by Stuart Galloway that no document existed at this time.

 

 

 

 

Stuart GALLOWAY, Chair.