Licensing Committee - 06/02/2014

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th February, 2014.

 

Present:-

 

COUNCILLORS

 

Jimmy BLACK

Kevin CORDELL

Lesley BRENNAN

David BOWES

Stewart HUNTER

Tom FERGUSON

 

Laurie BIDWELL

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 9th January, 2014 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATION OF INTEREST

 

Councillor Jimmy Black declared a non-financial interest in respect of Articles V and VI(i) by virtue of the licence holders being known to him in a personal capacity and left the Chamber prior to their consideration. Councillor Black re-entered the Chamber prior to consideration of the item at Article VI(ii).

 

II MINUTE OF MEETING OF TAXI LIAISON GROUP

 

The minute of meeting of the Taxi Liaison Group held on 30th October, 2013 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

 

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

 

BOOKING OFFICE - NEW APPLICATION

 

No

Name

Address of Premises

 

1

Dundee Taxis Ltd

The Gatehouse, Mid Craigie Road

 

PRIVATE HIRE DRIVER - NEW APPLICATION

 

No

Name

 

1

Charles Markie

 

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

 

No

Name

 

1

Dundee Taxis Ltd

2

Peter Fraser

3

Beth Kilburn

 

PUBLIC ENTERTAINMENT - NEW APPLICATION

 

No

Name

Address of Premises

 

1

Charles Horne

City Centre (28/12/2013 - 31/12/2013)

 

 

TAXI DRIVER - NEW APPLICATIONS

 

No

Name

 

1

Sefi-Ullah Akram

2

John Hutchison

3

Craig Innes

4

Tariq Muhammed

5

Angela Turnbull

6

Michael Wemyss

 

WINDOW CLEANER - NEW APPLICATION

 

No

Name

 

1

Scott J Ronaldson

 

(b) CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - FEES

 

There was submitted Agenda Note AN13-2014 reporting that, following an exercise undertaken in conjunction with the Head of Corporate Finance, it was recommended that the undernoted fees be charged with effect from 1st April, 2014.

 

Licence Type

Previous Fee

New Fee

 

Boat Hire

110

120

Indoor Sports

245

255

Knife Dealers

110

120

Late Hours Catering

110

120

Market Operator (Annual)

245

255

Market Operators (Occasional)

105

110

Metal Dealer/Itinerant Metal Dealer

110

120

Metal Dealer - Exemption Warrant

110

120

Private Hire Drivers Licence

125

135

Private Hire Operators Licence

195

200

Public Entertainment - Charitable

5

5

Public Entertainment - Carnival Stall

15

15

Public Entertainment - Full

245

255

Second Hand Dealer

110

120

Sex Shop

245

255

Skin Piercing

110

120

Street Trader

75

100

Taxi and Private Hire Booking Office

110

120

Taxi Drivers Licence

125

135

Taxi Drivers Renewal

115

125

Taxi Operators Licence

195

210

Window Cleaner

75

100

 

Having noted that:-

 

(i) fees had not been increased since 2008;

 

(ii) taxi licence fees now had to include an allowance for the annual update survey in connection with the taxi limit; and

 

(iii) that discussions were ongoing with the Taxi Trade in regard to the provision of taxi marshals for Friday and Saturday evenings which, if introduced, would require taxi and taxi drivers licence fees to be reviewed to recover the costs

 

the Committee agreed the recommendation to charge the above fees with effect from 1st April, 2014.

 

(c) LATE HOURS CATERING - NEW APPLICATION

 

No

Name

Address of Premises

 

1

Mina Zilaoui

Curry Express, 8 Panmure Street

 

The Committee, having heard from a representative on behalf of the applicant, noted that the application had been withdrawn from consideration by the applicant.

 

(d) STREET TRADERS LICENCE - NEW APPLICATION

 

No

Name

 

1

John Pattie

 

The Committee, having noted that the applicant was not present, and having heard from the Clerk, declared the application incompetent.

 

(e) TAXI DRIVER LICENCE- NEW APPLICATIONS

 

No

Name

 

1

Darren McCallum

2

Mark Robbie

 

In the case of Application Nos 1 and 2, the Committee, having noted that the applicants were not present, and having further noted that the applicants had failed to pass their street tests within the prescribed period, agreed that the applications be refused.

 

IV HOUSING SCOTLAND ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION - REVIEW OF OVERPROVISION POLICY

 

There was submitted Report No 72-2014 by the Director of Housing reviewing the existing policy on overprovision in relation to applications for Licences for Houses in Multiple Occupation in order to determine the effectiveness of the existing policy and consider any other practical options.

 

The Committee agreed:-

 

(i) to maintain the existing policy and exemptions;

 

(ii) to the continued use of the 2001 Census Output area boundaries; and

 

(iii) to maintain the overprovision percentage at 12.5% city wide, with the exception of the city centre.

 

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

No

Name

Person Responsible

Address of Premises

 

1

Yasim Okhai

AKG Property Group/Zakir Gani

1/2, 142 Perth Road

2

Paula Murray

Paula Murray

2E Shaftesbury Place

3

Husefa F Hassam

2 Rent Me Property Ltd/Richard Hawkins

3/3, 31 Reform Street

4

Julie Robertson

Grant Property Solutions/Peter Grant

4/1, 93 Arbroath Road

5

Lee Chadwick

West One Property Management Ltd/

Lee Chadwick

6 Roseangle

 

In the case of Application Nos 1 to 5, the Committee, having heard from the Director of Housing's representative, agreed to grant the applications.

 

The Committee agreed to defer the undernoted applications:-

 

6

Top Kingdom Properties Ltd

3/1, 3 Seagate

7

Anthony P Smith and Samantha J Miller

9F Ellen Street

8

Doreen L Hainey and Stephen C Hainey

3/2, 1 Bank Street

 

(c) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

 

1

Strathmore Lodge, Ward Road

Change of day to day manager to Pamela A Grant.

 

The Committee agreed to grant the application.

 

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 HOUSING (SCOTLAND) ACT 2006 - REVOCATION HEARINGS

 

Reference was made to Article VI of the minute of meeting of this Committee of 9th January, 2014, wherein the Committee agreed that Mr P J was no longer a fit and proper person and that a decision on revocation of the licences be deferred to this meeting to allow alternative management arrangements to be explored.

 

The Committee, having heard from a representative of the Housing Department, agreed to defer the hearing until the meeting of this Committee to be held on 27th March, 2014 to allow outstanding matters to be resolved.

 

VI 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 of 9th January, 2014, wherein the Committee agreed that Mr P J was no longer a fit and proper person and deferred a decision on whether he should continue to be registered as a landlord to this meeting to enable alternative management arrangements to be explored.

 

The Committee, having heard from a representative of the Housing Department, agreed to defer consideration of the matter to the meeting of this Committee to be held on 27th March, 2014 to allow outstanding matters to be resolved.

 

(ii) Reference was made to Article VII(ii) of the minute of meeting of this Committee of 9th January, 2014, wherein the Committee agreed to defer consideration of the matter to this meeting to allow Ms M H to be present.

 

The Committee, having heard from the Committee's Legal Adviser, agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 6th March, 2014 to allow submissions from Ms M H's legal agent to be considered.

 

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

(i) Reference was made to Article VIII(a)(iii) of the minute of meeting of this Committee of 9th January, 2014, wherein the Committee agreed to defer consideration of the application to this meeting to allow Ms R S to submit further information.

 

The Committee, having noted that the applicant was not present, and having heard from the Clerk, declared the application incompetent.

 

(ii) Reference was made to Article VIII(a)(i) of the minute of meeting of this Committee of 9th January, 2014, wherein the Committee declared the application by Mr J K incompetent due to non-submission of documentation.

 

The Committee, having noted that the Unique Tax Reference Number and medical certification had been submitted, and having heard from the Chief Constable's representative and the applicant on their own behalf, agreed to grant the application until May, 2014 and to refer any renewal application to this Committee.

 

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

 

(i) Reference was made to Article VII(d)(i) of the minute of meeting of this Committee of 5th December, 2013, wherein the Committee agreed to defer the hearing and referred Mr M A to OHSAS.

 

The Committee agreed to defer the hearing to the meeting of this Committee to be held on 6th March, 2014 to await submission of the OHSAS report.

 

(ii) Reference was made to Article VII(d)(ii) of the minute of meeting of this Committee of 5th December, 2013, wherein the Committee agreed to defer the hearing and to continue the immediate suspension with regards to Mr M A.

 

The Committee, having heard from the Chief Constable's representative, agreed to defer the hearing to the meeting of this Committee to be held on 1st May, 2014 and to continue the immediate suspension.

 

(iii) Reference was made to Article VIII(b)(ii) of the minute of meeting of this Committee of 9th January, 2014, wherein the Committee agreed to defer the hearing and continue the immediate suspension with regard to Mr S D.

 

The Committee, having taken into account the report from OHSAS, agreed to take no further action, lift the immediate suspension and refer any renewal application to this Committee.

 

(iv) Reference was made to Article VII(d)(ix) of the minute of meeting of this Committee of 5th December, 2013, wherein the Committee agreed to defer the hearing and continue the immediate suspension with regard to Mr C S.

 

The Committee, having heard from the Chief Constable's representative, agreed to defer the hearing to the meeting of this Committee to be held on 27th March, 2014 and to continue the immediate suspension.

 

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

 

(i) Reference was made to Article VII(e)(i) of the minute of meeting of this Committee of 5th December, 2013, wherein the Committee agreed to defer the hearing and continue the immediate suspension with regard to Mr T F.

 

The Committee agreed to defer the hearing to the meeting of this Committee to be held on 27th March, 2014 and to continue the immediate suspension.

 

 

 

 

Stewart HUNTER, Convener.

 

APPENDIX I

 

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 30th October, 2013.

 

Present:-

 

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

 

Stuart GALLOWAY, Principal General Services Officer, Corporate Services Department

Brian WOODCOCK, Senior Solicitor, Licensing, Corporate Services Department

Fraser CRICHTON, City Development Department

 

TAXI TRADE REPRESENTATIVES

 

David YOUNG, Dundee Private Hire 203020 Ltd

Graeme STEPHEN, Dundee Taxi Association

Doug INGLIS, Handy Taxis

Geordie HARRIS, Tay Taxis

John CURRAN, Tele Taxis

Stuart ELDER, GMB

Chris ELDER, Unite The Union

 

POLICE SCOTLAND REPRESENTATIVES

 

John CALDWELL (Constable)

 

Stuart GALLOWAY, in the Chair.

 

I MINUTE OF PREVIOUS MEETING

 

The minute of previous meeting of the Taxi Liaison Group held on 21st May, 2013 was submitted and noted for information and record purposes.

 

II DUNDEE CITY COUNCIL

 

Items on agenda at request of Dundee City Council:-

 

(a) TAXI RPI - FARES

 

It was reported that the RPI increase was 1.35%. If taken this would equate to 4p on the drop (2.98 to 3.02). The running mile figure was currently 15p for 1/10 mile on Tariff 1. The increase was calculated on the actual figure from last year (15.58p) and would equate to 15.79p. The agreement was that there would be no increase under 0.7p. As it is over that the increase would apply, ie 15p to 16p on Tariff 1.

 

Following discussion, the Group agreed to accept fares increases indicated in (a) above.

 

In addition, the Group noted a request for the introduction of credit card payment facilities and that a recharge was placed upon the driver by the card company and that to cover this, a nominal recharge be placed upon the customer of 10% of the fare to cover this charge by credit companies and subject to further investigation, this be added to the fare card on the premise that this be levied upon use of credit cards only by customers and not debit cards.

 

Separate to this, Graeme Stephen reported on a letter received from Police Scotland confirming that if someone was to abscond from any taxi or private hire vehicle without payment, this was deemed as a criminal act. However, if someone was sick within the vehicle this was not deemed a crime.

 

In reply, Brian Woodcock advised that he would reply to the police reminding them that the soiling charge was within the fare structure tariff.

 

(b) SMOKING PROHIBITION LEGISLATION AND ELECTRONIC CIGARETTES

 

In the absence of Craig Sommers, there was discussion on amending the conditions to prevent the use of electronic cigarettes in taxis. Stuart Galloway explained the background to this and that many drivers had been reported to the Licensing Committee for smoking in taxis. The process of reporting and detection by smoking enforcement was outlined and it was requested that the use of electronic cigarettes by drivers and/or passengers in this respect be not permitted and this be added to the conditions for taxi drivers and private hire drivers.

 

The Group agreed to this and recommended that this be submitted for the approval of the Licensing Committee and added to the conditions.

 

(c) POLICY ON ADVERTISING ON TAXIS AND PRIVATE HIRE CARS

 

There was discussion on the above policy specifically as to whether full wraps should be permitted and if any additional conditions should apply eg installation of CCTV. Stuart Galloway explained the current conditions on advertising on taxis and private hire cars and that any application be submitted to the Committee for variation. Concern was also expressed that any advertising on a private hire car may suggest to members of the public confusion as to whether or not it was a taxi or a private hire vehicle due to the commonality of advertising appearing on taxis. Further to this, it was highlighted that there may be benefits to allowing advertising on electric car vehicles to explain what they were in the interests of increasing awareness about the nature of the vehicles and the technology in general.

 

It was further highlighted that tinted windows may be acceptable for taxis and private hire vehicles subject to them having been installed at the manufacturing stage and not by the operator and with a caveat that CCTV be installed within that vehicle. This could extend to full body wrap advertising if applicable.

 

The Group agreed to the suggestions and noted that Stuart Galloway would prepare a notice for the approval of the Licensing Committee as necessary.

 

(d) CCTV

 

There was discussion on making installation of approved CCTV a condition of all taxi licences.

 

Stuart Galloway reported on suspension hearings for drivers in a historical context and explained the nature of incidents which may be reported by the police and or members of the public to the licensing authority and that such matters may have been quickly resolved and detected if those individual operators had CCTV within their vehicle. Graeme Stephen highlighted that the installation of CCTV had, from his experience, been a great deterrent and had led to more positive behaviour being witnessed from passengers who may have otherwise been troublesome, and that the TV screen in his vehicle also served to put passengers at ease as they could see the image which was being recorded. The benefits of CCTV were noted. However, there were concerns about the cost of installation. In this respect, Stuart Galloway advised that an approach had been made to Safer Cities, however no grant was available from that organisation at this time. Mr Galloway further highlighted that any installation of CCTV must be part of a system approved by the City Council and the police for installation and that any other private installation without approval of the police and City Council was not permitted. It was further highlighted that the use of CCTV within vehicles had been extended and that there was evidence that there was benefit in installing front-facing cameras as had been recommended by insurance companies to help prevent fraudulent claims in the event of staged accidents.

 

The Group noted and agreed that the use of CCTV not become mandatory at this time and that further information on CCTV be issued to taxi operators upon renewal to allow them to decide for themselves as to whether or not to install a Council approved system.

 

(e) TAXI TEST CONDITIONS

 

There was discussion on taxi testing following the recently introduced changes to the test.

 

Information was provided by members of the Group on their own experiences of submitting their vehicle for test and those of other operators who they may represent. Mr Galloway referred to guidance notes to operators on submission of their vehicle for test.

 

Following discussion, it was noted that management at the taxi test garage operated by Dundee City Council would be happy to meet with drivers to discuss individual circumstances. It was highlighted, however, that there had been increasing occasions where operators were submitting their taxi for test in a less presentable and functionable state.

 

III DUNDEE HACKNEY ASSOCIATION

 

Items on agenda at request of Dundee Hackney Association:-

 

(a) REPORT TO COMMITTEE ON MAINTENANCE OF 60/40WAV/SALOON SPLIT

 

It was highlighted that the maintenance of the 60/40WAV Saloon split would be examined in detail when the level of taxis within Dundee came down to the limit of 611 at which time there would be a further survey to ascertain demand and that this position may become more clearer after the renewal period in May, 2014.

 

(b) REINSTATE COUNCILLORS TO LIAISON GROUP MEETINGS

 

The Group noted the position in relation to Councillors not sitting on Liaison Group meetings had been established at the advice of the previous Depute Chief Executive (Support Services) and that this position remained the same.

 

IV DUNDEE PRIVATE HIRE (203020) LTD

 

Items on agenda at request of Dundee Private Hire (203020) Ltd:-

 

(a) It was highlighted that it would be of benefit to receive input from Neil Gellatly in his position of Head of Transportation on electric vehicles. The Group noted that it would be preferable for Mr Gellatly to attend a future meeting of the Group to speak to this particular item. In the meantime, it was highlighted by the representative of the taxi test centre that he would be happy to meet with members of the Trade to discuss electric vehicles in the interest of both the Council and the operators, should they so wish.

 

(b) DUNDEE CITY COUNCILS LOW CARBON INITIATIVE, THE LATEST SCOTTISH GOVERNMENT THINKING

 

The Group noted that information would be provided on this particular item by Neil Gellatly, Head of Transportation, to a future meeting of the Group.

 

V DUNDEE TAXI ASSOCIATION

 

Items on agenda at request of Dundee Taxi Association:-

 

(a) TAXI TEST FEES

 

The Group noted that this matter had been covered at Article II(a) of this minute.

 

(b) TAXIS TAKING MORE PASSENGERS THAN PLATED FOR

 

Following discussion, the Group noted that this matter was separate to that of information on the carriage of children within vehicles and that the number of people indicated on a licence plate for carriage was not adult specific. However, should any members of the Trade be aware of concerns in this respect, they should make it known to appropriate authorities.

 

(c) INSURANCE COMPANIES

 

The Group noted that it was incorrect to state that only private hire car vehicles had been provided and not taxis and that a number of WAVs were licensed in the name of these companies.

 

(d) TAXI RANKS

 

Concerns were raised that some taxi ranks need painted and proper signage. The Group noted that traffic wardens had raised concerns about taxis parking within rank areas whilst they were not on service and perhaps in engaging in other activities. In addition, the benefits and progress in relation to the Hilltown rank had been explained and the route may be beneficial to this being made permanent and also the possibility of the South Tay Street rank being made 24 hours. The Group noted the report and that these matters would be presented to Neil Gellatly for his consideration.

 

(e) COMPANY LICENCE

 

The Group noted a request by Graeme Stephen that operators should be allowed to apply in corporate names.

 

VI UNITE THE UNION

 

Items on agenda at the request of Unite the Union:-

 

(a) TAXI BADGES

 

Following discussion, it was noted that only numerical ID may cause confusion with members of the public and difficulty in identification of any driver should that become necessary and that at this moment in time, dashboard notification explaining who the driver was was being looked at.

 

(b) TAXI RANKS

 

The Group noted that Neil Gellatly was looking into this matter.

 

(c) PVG CHECK

 

Concern was raised that individual drivers and escorts should go through a PVG check to ensure that any contract jobs given were properly allocated to drivers who were given PVG accreditation.

 

(d) CHAUFFEUR DRIVERS AND AIRPORT TRANSPORTS

 

It was explained to the Group that there was some concern that some airport transfers were perceived to be doing more jobs not dissimilar to taxis.

 

Mr Galloway explained the current position and that although a number of other authorities did not go down the route of licensing such vehicles, they were licensed as private hire vehicles in Dundee and that this matter was being examined on a national level.

 

(e) TAXI TEST

 

It was highlighted that it was perceived that there was difficulty to get slots for taxi tests.

 

The Group noted the position and that the garage were looking at adjusting the pattern within the testing and MOT station and that all operators themselves should be the ones who were submitting their vehicle for test and not any driver who may be driving for them.

 

VII GMB

 

Items on agenda at request of GMB:-

 

(a) EQUALITY ACT 2010

 

GMB requested more information about how the Equality Act 2010 duties imposed on Dundee City Council were being dealt with and how we could improve the service we provide to disadvantaged groups in Dundee.

 

The Group noted that no formal list of accessible vehicles under the 2010 Act was in place so that people could apply for a formal exemption from assisting wheelchair passengers. Reference was also made to the taxi drivers licence conditions and that currently, a medical certificate submitted by a doctor was kept on record for reference should a complaint be received in relation to that particular driver. In the meantime, the position would be examined with other local authorities in Scotland for a report to the future meeting of the Group.

 

 

 

 

Stuart GALLOWAY, Chair.