Licensing Committee - 04/09/2014

At a MEETING of the LICENSING COMMITTEE held at Dundee on 4th September, 2014.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 26th August, 2014 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillors Alexander and Brennan declared non-financial interests in the item of business at Article IV(a)(i) by virtue of the applicant being known to them in a personal capacity and withdrew from the Chamber during their consideration.

Councillor Black declared a non-financial interest in the items of business at Articles VI and VII(ii) by virtue of the licence holder being known to him in a personal capacity and withdrew from the Chamber during its consideration.

Councillor Asif declared a non-financial interest in the items of business at Articles IV(a)(vi), (vii), (x), (xiii), (xiv) and IV(c)(i) by virtue of the agent being known to him in a personal capacity.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 26th June, 2014, 14th July, 2014, 21st July, 2014, 23rd July, 2014, 28th July, 2014 and 18th August, 2014 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I to VI.

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.

KNIFE DEALER - NEW APPLICATION

LATE HOURS CATERING - NEW APPLICATION

METAL DEALER - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) LATE HOURS CATERING - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that application had been made for hours of operation until 1am on Mondays to Sundays and that this was outwith the hours of operation for the current policy on late hours catering and that the Unique Tax Reference Number had now been submitted. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the hours of operation being compliant with the current policy on late hours catering.

In the case of Application No 2, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that application had been made for hours of operation until 2am on Mondays to Sundays and that this was outwith the hours of operation for the current policy on late hours catering. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the hours of operation being compliant with the current policy on late hours catering.

In the case of Application No 3, the Committee noted that the applicant was not present. The Committee was advised that the applicant had requested the matter be deferred and agreed to defer the application to the meeting of the Committee to be held in October, 2014.

(c) SKIN PIERCING AND TATTOOIST - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee gave consideration to the request for a variation which had been received from the applicant. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

(d) PRIVATE HIRE DRIVER LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant was not present and agreed that the application be considered in his absence. Thereafter, having noted that the applicant had failed to pass the Private Hire Street Test within the prescribed period, the Committee agreed that the application be refused.

(e) PRIVATE HIRE OPERATORS LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request for variation had been made to remove the Special Events Licence on the vehicle involved in operation and return it to a Private Hire Licence. Thereafter, there being no objections, the Committee agreed that the application be granted.

(f) STREET TRADERS LICENCE - NEW APPLICATIONS AND REQUESTS FOR VARIATIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article III(d)(i) of the minute of meeting of this Committee held on 5th June, 2014, wherein the Committee agreed to defer consideration of the application by Ms T D'C for a Street Trader's Licence to allow the applicant to contact the Planning Department and to allow the UTRN to be submitted.

Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the Unique Tax Reference Number being submitted to the satisfaction of the Licensing Department and receiving confirmation of the approval of the Planning Department.

In the case of Application No 2, reference was made to Article IV(d)(i) of the minute of meeting of this Committee held on 26th June, 2014, wherein the Committee agreed to defer consideration of the application by Mr A F for a Street Trader's Licence to allow the applicant to submit details regarding the vehicle he was going to use in the operation of the licence and to submit his Unique Tax Reference Number.

In the case of this application, 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 the application be considered incompetent.

In the case of Application No 3, reference was made to Article III(d)(iii) of the minute of meeting of this Committee held on 5th June, 2014, wherein the Committee agreed to grant the application by Mr A G for a Street Trader's Licence for a period of three months.

In the case of this application, the Committee gave consideration to the content of the information provided. The Committee, having heard the applicant on their own behalf, a representative of the Chief Constable and consideration of the advice of the Legal Officer, agreed that the application be granted until May, 2015 and that the hours of operation be extended until 12 midnight and that the licence be recalled to the meeting of this Committee to be held in December, 2014 for an update to be provided.

In the case of Application No 4, the Committee noted that the licence holder 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 the application be deferred to the meeting of this Committee to be held in October, 2014.

(g) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2, the Committee noted that the applicants were not present and agreed that the matters be considered in their absence. Thereafter, having noted that the applicants had not submitted their Unique Tax Reference Numbers or medical certificates, and having considered the advice of the Legal Officer, the Committee agreed that the applications be considered incompetent.

IV HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, having heard a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to the meeting of this Committee to be held in September, 2015 for an update to be provided.

In the case of Application Nos 2 to 9 and 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 10, having heard a representative of the Housing Department, a representative of the applicant, consideration of the content of a map tabled in support by the representative of the applicant and consideration of the advice of the Legal Officer, Councillor Bidwell seconded by Councillor Ferguson, moved that the application be refused.

As an amendment, Councillor Black, seconded by Councillor Asif, moved that the application be granted.

On a division, there voted for the motion - Councillors Hunter, Ferguson and Bidwell (3); and for the amendment - Councillors Bowes, Alexander, Black, Asif and Brennan (5) - whereupon the amendment was declared carried.

In the case of Application No 14, the Committee gave consideration to the content of a letter of objection which had been submitted by a member of the public relevant to this application and a letter of support which had been submitted on behalf of the applicant. Thereafter, having heard a representative of the Housing Department, the applicant on their own behalf, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application Nos 15 to 31, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 10, there being no objections, the Committee agreed that the applications for variation be granted.

In the case of Application No 11, the Committee noted that the applicant was not present and having heard the Legal Officer and receiving confirmation that the agent for the applicant had requested that the application be deferred, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held in October, 2014.

In the case of Application No 12, having heard the representative of the Housing Department, the Committee agreed that the application be granted.

(c) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that letters of objection had been submitted by members of the public relevant to this application.

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Housing Department, an agent on behalf of one of the objectors and an agent on behalf of the applicant, a representative on behalf of the applicant and a representative of the Chief Constable, an objector on their own behalf and consideration of the advice of the Legal Officer. Councillor Hunter, seconded by Councillor Black, moved that the application be refused.

As an amendment, Councillor Asif, seconded by Councillor Alexander, moved that the application be granted subject to improvements listed within documentation submitted being completed to the satisfaction of the Housing Department and an update be provided to the Committee in three months' time on the operation of the licence.

On a division, there voted for the motion - Councillors Hunter, Bowes, Black, Ferguson and Bidwell (5); and for the amendment - Councillors Alexander, Asif and Brennan (3) - whereupon the motion was declared carried.

In the case of Application No 2, the Committee noted that a letter of objection had been submitted by a member of the public relevant to this application.

The Committee, having considered the advice of the Legal Officer and the objector as to why the objection was submitted late, agreed that it be considered in the deliberations. The Committee gave consideration to the content of the letter. Thereafter, having heard the objector on their own behalf, a representative of the Housing Department, a representative of the Chief Constable, an agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

(i) There was submitted an application by Mrs D McK for renewal of her Houses in Multiple Occupation Licence.

There was submitted a letter of observation from the Private Sector Services Manager relative to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the Building Warrant Completion Certificate being lodged within two months.

(ii) There was submitted an application by Mrs D McK for renewal of her Houses in Multiple Occupation Licence.

There was submitted a letter of observation from the Private Sector Services Manager relative to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the Building Warrant Completion Certificate being lodged within two months.

(iii) There was submitted an application by Mr J C for renewal of his Houses in Multiple Occupation Licence.

There was submitted a letter of observation from the Private Sector Services Manager relative to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the Building Warrant Completion Certificate being lodged within two months.

VI HOUSING (SCOTLAND) ACT 2006 - REVOCATION HEARINGS

Reference was made to Article VI of the minute of meeting of this Committee held on 5th June, 2014, wherein it was agreed to take no further action but to recall the matter in three months' time with an update from the Private Sector Services Manager.

 

There was submitted the original letter of information from the Housing Department in relation to Mr P J.

 

Thereafter, having heard an agent on behalf of the licence holder, the licence holder, a representative for the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the matter be recalled for a further update to the meeting of this Committee to be held in March, 2015.

 

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

 

(i) Reference was made to Article V(ii) of the minute of meeting of this Committee held on 5th June, 2014, wherein it was agreed to defer consideration of the hearing in relation to the registration of Ms M H as a landlord to allow the licence holder 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 a representative of the Housing Department and an agent on behalf of the applicant, the Committee agreed that no further action be taken and that an update be provided to the next meeting of the Committee on the property management agreement.

 

(ii) Reference was made to Article VI of the minute of meeting of this Committee held on 5th June, 2014, wherein it was agreed to take no further action in relation to the registration of Mr P J as a landlord and to provide an update of this meeting. There was submitted the original memorandum from the Housing Department relevant to this application. The Committee agreed that no further action be taken and that the matter be recalled to the meeting of this Committee to be held in March, 2015.

 

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) LATE HOURS CATERING LICENCE - RENEWAL APPLICATION

 

There was submitted an application by Mr M A for renewal of his Late Hours Catering Licence.

 

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

 

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, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held in November, 2014 to await the outcome of court proceedings.

 

(b) SECOND HAND DEALERS LICENCE - RENEWAL APPLICATION

 

There was submitted an application by Mr J A for renewal of his Second Hand Dealers Licence.

 

There was submitted a letter of objection from the Chief Constable relative to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the Committee agreed to defer consideration of the application until the meeting of this Committee to be held in October, 2014 to await the outcome of court proceedings.

 

(c) SECOND HAND DEALERS LICENCE - SUSPENSION HEARING AND RENEWAL

 

(i) Reference was made to Article VIII(c)(i) of the minute of meeting of the Licensing Sub‑Committee held on 26th June, 2014, wherein it was agreed to adjourn the hearing in relation to the Second Hand Dealers Licence held by Mr C S.

 

There was submitted the original letter of complaint from Police Scotland. There was also submitted a letter of objection from the Chief Constable relevant to the application, together with letters from Trading Standards and the Health and Safety Executive.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing and the application be adjourned until the meeting of the Committee to be held in November, 2014 to await the outcome of court proceedings.

 

(d) TAXI DRIVER'S LICENCE - NEW APPLICATION

 

Reference was made to Article V(ii) of the minute of meeting of this Committee held on 26th June, 2014, wherein the Committee agreed to defer consideration of the application by Mr R U to await the outcome of court proceedings.

 

There was submitted the original letter of objection from the Chief Constable relative to this application. Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the application until the meeting of this Committee to be held in October, 2014 to await the outcome of court proceedings.

 

(e) TAXI DRIVER'S LICENCE - RENEWAL APPLICATION

 

Reference was made to Article IV of the minute of meeting of the Licensing Sub-Committee held on 4th September, 2014, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr S D with immediate effect.

 

There was submitted an application by Mr S D for renewal of his Taxi Drivers Licence.

 

There was submitted a letter of objection from the Chief Constable relative to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the Committee agreed to defer consideration of the application to the meeting of the Committee to be held on 2nd October, 2014 to be dealt with at the same time as the outstanding suspension proceedings in relation to the licence.

 

(f) TAXI DRIVER'S LICENCE - UPDATE

 

Reference was made to Article Vl(b)(i) of the minute of meeting of this Committee held on 6th March, 2014, wherein the Committee agreed to grant the application by Mr P F for a period of three months.

 

There was submitted the original letter of objection from the Chief Constable relative to this application. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to grant the application and to recall the matter in a year for an update to be provided on the operation of the licence.

 

(g) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

 

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 18th August 2014, wherein it was agreed that the Taxi Driver's Licence held by Mr S McD be suspended with immediate effect and a hearing be held in relation to the fitness of Mr S McD to be the holder of a Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S McD 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, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until December, 2014 and to recall the immediate suspension during the intervening period.

 

(h) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS AND RENEWALS

 

(i) Reference was made to Article V(b)(iv) of the minute of meeting of the Licensing Committee held on 26th June, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr A P during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and to recall the immediate suspension of the Taxi Driver's Licence held by Mr A P.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A P during the currency of his Taxi Drivers Licence. There was also submitted a letter of objection to the renewal of the licence date 1st July, 2014 from the Chief Constable.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

 

(ii) Reference was made to Article VII(c)(ii) of the minute of meeting of the Licensing Committee held on 5th June, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C S during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and to continue the immediate suspension of the Taxi Driver's Licence held by Mr C S.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr C S during the currency of his Taxi Drivers Licence. There was also submitted a letter of objection to the renewal of the licence dated 30th June, 2014 from the Chief Constable.

 

The Committee noted that the licence holder was not present and agreed that the matters be considered in their absence.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused and that the Taxi Drivers Licence held by Mr C S be suspended for the unexpired portion of the licence with immediate effect.

 

(iii) Reference was made to Article III(c)(iv) of the minute of meeting of the Licensing Committee held on 28th July, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr S U during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S U during the currency of his Taxi Drivers Licence. There was also submitted a letter of objection to the renewal of the licence dated 8th June, 2014 from the Chief Constable.

 

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 letters. Thereafter, having heard a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that the application be refused.

 

(i) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARING AND RENEWAL

 

(i) Reference was made to Article III(a)(xii) of the minute of meeting of the Licensing Committee held on 28th July, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr J McL during the currency of his Taxi Driver's Licence to allow a further complaint in relation to the alleged conduct of Mr J McL to be considered together with the original complaints.

 

There were submitted letters of information from the Chief Constable relevant to the alleged conduct of Mr J McL during the currency of his Taxi Drivers Licence. There was also submitted a further letter of information from the Chief Constable, together with a letter of objection to the renewal of the licence dated 11th June, 2014 from the Chief Constable.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing and applications be adjourned until the meeting of the Committee to be held on 2nd October, 2014 to await the outcome of court proceedings.

 

(j) TAXI OPERATORS LICENCE - REQUEST FOR VARIATION

 

(i) There was submitted an application by Mr D H for a variation to his Taxi Operators Licence.

 

There was also submitted supporting documentation from the applicants GP, a report from OHSAS and a written submission from the applicant.

 

The Committee gave consideration to the content of the documentation. Thereafter, having heard the representative of the Chief Constable, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, Councillor Hunter, seconded by Councillor Brennan, moved that the application be refused.

 

As an amendment, Councillor Black, seconded by Councillor Alexander, moved that the application be granted.

 

On a division, there voted for the motion - Councillors Hunter, Ferguson and Brennan (3); and for the amendment - Councillors Bowes, Alexander, Black, Bidwell and Asif (5) - whereupon the amendment was declared carried and the application was granted.

 

(ii) Reference was made to Article VI(a)(i) of the minute of meeting of this Committee held on 6th March, 2014, wherein it was agreed to grant the request from Mr J G for variation to his Taxi Operators Licence for a period of six months.

 

There was submitted an application by Mr J G for variation to his Taxi Operators Licence.

 

The Committee noted that the licence holder was not present and agreed that the matter be deferred to the next meeting of the Committee to allow the licence holder to be present.

 

(k) WINDOW CLEANERS LICENCE - NEW APPLICATION

 

There was submitted an application by Mr A C for a Window Cleaners licence.

 

There was submitted a letter of objection from the Chief Constable relative to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the application until May, 2015 and to recall the matter in December, 2015 to provide an update on the outcome of court proceedings.

 

(l) WINDOW CLEANERS LICENCE - RENEWAL APPLICATION

 

There was submitted an application by Mr G A for renewal of his Window Cleaners Licence.

 

There was submitted a letter of objection from the Chief Constable relative to this application. The Committee gave consideration to the contents of the letter. Thereafter, having heard a representative of the Chief Constable and an agent on behalf of the applicant, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held in October, 2014 to await the outcome of court proceedings.

 

 

 

 

Stewart HUNTER, Convener.

 

APPENDIX I

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 26th June, 2014.

 

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

 

There were no declarations of interest.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCE - INDISCRIMINATE PARKING IN NETHERGATE

 

There was submitted a note of information from the Licensing Department relative to the conduct of Mr C W during the currency of his 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 holder had been observed parking indiscriminately on two occasions and that he had been previously warned to stop the practice. Thereafter, the Sub-Committee agreed that a final written warning be issued to Mr C W and to note that any further infringements would result in a request for a hearing in relation to his fitness to be the holder of a Taxi Driver's Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

APPENDIX II

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 14th July, 2014.

 

Present:-

 

Councillor Craig MELVILLE

Councillor John ALEXANDER

Councillor Tom FERGUSON

 

Councillor Craig MELVILLE, in the Chair.

 

Unless marked thus * all items stand delegated.

 

The Sub-Committee unanimously elected Councillor Craig Melville to chair this meeting in the absence of the Convener and Depute Convener.

 

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.

 

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) SECOND HAND DEALER'S LICENCE - REQUEST FOR HEARING

 

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 Second Hand Dealer's Licence.

 

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable, together with further supporting information submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to note that a hearing was scheduled to take place in September, 2014 in relation to the fitness of Mr C S to be the holder of a Second Hand Dealer's Licence and that the matters narrated in the submissions to this meeting be submitted for consideration at that hearing. The Sub‑Committee did not consider that the material before it justified immediate suspension of the licence.

 

 

 

 

Stewart HUNTER, Convener.

 

APPENDIX III

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 21st July, 2014.

 

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 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.

 

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 SUSPENSION

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G M during the currency of his 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 G M be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr G M to be the holder of a Taxi Driver's Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

APPENDIX IV

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 23rd July, 2014.

 

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 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.

 

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

 

There were no declarations of interest.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCE - REQUESTS FOR IMMEDIATE SUSPENSION

 

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C L 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 C L be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr C L 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 G S 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 G S be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr G S to be the holder of a Taxi Driver's Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

APPENDIX V

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 28th July, 2014.

 

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) PRIVATE HIRE OPERATOR'S LICENCE - REQUEST FOR HEARING

 

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 Private Hire 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 J McL to be the holder of a Private Hire Operator's Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

APPENDIX VI

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 18th August, 2014.

 

Present:-

 

Councillor David BOWES

Councillor Alan ROSS

Councillor Tom FERGUSON

 

Councillor David BOWES, Depute 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 M 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 the Taxi Driver's Licence held by Mr S M be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr S M to be the holder of a Taxi Driver's Licence.

 

 

 

 

David BOWES, Depute Convener.