Licensing Committee - 06/11/2014

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

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 2nd October, 2014 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATIONS OF INTEREST

Councillor Alexander declared a non-financial interest in items of business at Article IV(i), VI(b) and VI(d)(i) of this minute by virtue of the applicant being known to him in a personal capacity and withdrew from the Chamber during their consideration.

Councillors Alexander, Brennan and Bidwell declared non-financial interests in item of business at Article V(i) of this minute by virtue of the licence holder being known to them in a personal capacity and withdrew from the Chamber during its consideration.

Councillor Brennan declared a non-financial interest in the item of business at Article V(ii) of this minute by virtue of constituency business and withdrew from the Chamber during its consideration.

Councillor Hunter declared a non-financial interest in item of business at Article VI(f)(viii) of this minute by virtue of the licence holder being known to him in a personal capacity and withdrew from the Chamber during its consideration.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 2nd October, 2014, 27th October, 2014 and 28th October, 2014, were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II and III.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

The Committee noted that the undernoted applications had been granted under delegated powers since the last meeting.

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

LATE HOURS CATERING - NEW APPLICATIONS

PRIVATE HIRE DRIVER - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST LICENCE - NEW APPLICATION

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

(b) STREET TRADERS LICENCE - NEW APPLICATION AND REQUEST FOR VARIATION

There was submitted the undernoted application:-

In the case of this application, the Committee gave consideration to a request for variation which had been submitted by the applicant for a Street Traders Licence to allow him to sell football souvenirs on Dens Road and Tannadice Street.

Thereafter, having heard the Clerk and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that subject to the condition that the hours of operation be an hour before commencement of the football match and that Conditions 9 and 10 in relation to the applicant being mobile every fifteen minutes, be not applied.

(c) AMENDMENT TO CONDITION 14 OF A TAXI DRIVER'S LICENCE

It was recommended that Condition 14 be amended to prohibit the use of electronic cigarettes as follows:-

14. The driver of a taxi, while plying for hire or carrying a passenger, shall be clean and tidy in his person and clothing and shall conduct himself in a proper and civil manner. The driver shall not smoke in the vehicle whilst it is being operated as a taxi. This applies whether or not passengers are in the vehicle at the material time. For the avoidance of doubt, the prohibition contained in this condition extends to the use by the driver of electronic (or e-) cigarettes.

The Committee agreed to the above.

(d) TAXI DRIVER'S LICENCE - NEW APPLICATION

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. Thereafter, having noted that the applicant had failed to pass his street test within the prescribed period, the Committee agreed that the application be refused.

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. Thereafter, having noted that the applicant had not submitted the Unique Tax Reference Number or medical certification, the Committee agreed that the application 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 and the applicant on their own behalf, the Committee agreed that the application be granted.

In the case of Application No 2, having heard a representative of the Housing Department, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application Nos 3 to 6, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application No 7, having heard a representative of the Housing Department and receiving confirmation that the Certificate of Compliance had now been submitted to the satisfaction of the Licensing Department, the Committee agreed that the licence be granted.

In the case of Application No 8, the Committee noted that this application had been withdrawn from consideration.

In the case of Application Nos 9 to 14, 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 application.

In the case of Application No 1, having heard a representative of the Housing Department, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the December meeting of this Committee to allow for the applicant to meet with the Housing Department to discuss the nature of their application further.

In the case of Application No 2, there being no objections, the Committee agreed that the application for variation be granted.

(c) HOUSES IN MULTIPLE OCCUPATION - APPLICATION - UPDATES

There were submitted the undernoted application.

In the case of Application No 1, reference was made to Article IV(a) of the minute of meeting of this Committee held on 1st May, 2014, wherein the application was granted and it was agreed that the matter be recalled to this meeting with an update from the Private Sector Services Manager. Thereafter, having heard a representative of the Housing Department, the Committee agreed that no further action be taken.

In the case of Application No 2, reference was made to Article IV(a) of the minute of meeting of this Committee held on 1st May, 2014, wherein the application was granted and it was agreed that the matter be recalled to this meeting of the Committee for an update from the Private Sector Services Manager. Thereafter, having heard a representative of the Housing Department, the Committee agreed that consideration of the matter be deferred to a future meeting of the Committee to enable the licence holder to be present.

(d) SECOND HAND DEALERS LICENCE - RENEWAL

(i) Reference was made to III(c) of the minute of meeting of this Committee held on 3rd October, 2013, wherein the Committee granted the application by Mr John Marr for a Second Hand Dealers Licence and agreed that the matter be recalled to this meeting for an update from Police Scotland on the operation of the licence.

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

There was submitted the original letters of complaint from 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 Chief Constable, 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 ANTI-SOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 - REGISTRATION OF CERTAIN LANDLORDS

(i) Reference was made to Article III(i) of the minute of meeting of this Committee held on 2nd October, 2014, wherein it was agreed that a fresh hearing be heard in relation to the registration of Ms M H as a landlord.

There were submitted a letter of information from the Housing Department relevant to the registration of Ms M H as a landlord.

Thereafter, having heard a representative of the Housing Department, an agent on behalf of the licence holder and consideration and advice of the Legal Officer, the Committee agreed that no further action be taken, subject to the condition that the Council be notified of any changes to the number of properties under the control of Ms M H and the management arrangements of these properties.

(ii) Reference was made to Article II(iv) of the minute of meeting of the Licensing Sub‑Committee held on 4th September, 2014, wherein it was agreed to hold a hearing in relation to the registration of Mr C S as the landlord.

There were submitted a letter of information from the Housing Department relevant to the registration of Mr C S as a landlord.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be adjourned to the meeting of this Committee to be held on 4th December, 2014.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) LATE HOURS CATERING LICENCE - RENEWAL

(i) Reference was made to VIII(a) of the minute of meeting of this Committee held on 4th September, 2014, wherein consideration of the application by Mr M A for a Late Hours Catering Licence was deferred to await the outcome of court proceedings.

There was submitted an application by Mr M A for a Taxi Driver's Licence.

There was submitted the original letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(ii) Reference was made to IV of the minute of meeting of this Committee held on 5th December, 2013, wherein the Committee granted the application by Mr K A for a Late Hours Catering Licence and agreed to recall the renewal of the licence to this meeting of the Committee for an update from Police Scotland.

Thereafter, having heard the representative of Police Scotland and consideration and advice of the Legal Officer, the Committee agreed that the application be granted.

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

Reference was made to Article V(c) 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 C S during the currency of his Second Hand Dealers Licence.

There were submitted the original letter of complaint in relation to this matter from Trading Standards, a member of the public, a letter from HSE and Police Scotland. There was also submitted a letter of submission on behalf of the licence holder. There was also submitted a letter of objection from Police Scotland in relation to the renewal of this application.

Thereafter, having heard a representative of Police Scotland and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr C S during the currency of his Second Hand Dealers Licence to a future meeting of this Committee to await the outcome of court proceedings and to grant the renewal of the Second Hand Dealers Licence held by Mr C S during the intervening period.

(c) TAXI DRIVERS LICENCE - NEW APPLICATION

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

There was submitted a letter of representation from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that to grant a temporary licence for a period of six months, subject to conditions that the applicant submit their Unique Tax Reference Number and medical certification to the satisfaction of the Licensing Department and the they undertake and complete an approved Taxi Driver Training Course.

(ii) Reference was made to IV(c) of the minute of meeting of this Committee held on 2nd October, 2014, wherein consideration of the application by Mr R U for a Taxi Driver's Licence was deferred to await the outcome of court proceedings.

There was submitted an application by Mr R U for a Taxi Driver's Licence.

There was submitted the original letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 4th December, 2014 to await the outcome of court proceedings.

(d) TAXI DRIVER'S LICENCE - RENEWAL

(i) Reference was made to Article IV of the minute of meeting of this Committee held on 7th November, 2013, wherein the Committee granted the application by Mr J F for a Taxi Driver's Licence and to recall the renewal of the licence to this meeting of the Committee for an update from Police Scotland.

There was submitted an application by Mr J F for renewal of his Taxi Driver's Licence.

There was submitted the original letter of information from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARING AND RENEWAL

(i) Reference was made to Article II(c) of the minute of meeting of the Licensing Sub‑Committee held on 2nd October, 2014, wherein it was agreed that the Taxi Driver's Licence held by Mr S D be suspended with immediate effect and a hearing be held in relation to the fitness of Mr S D to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr S D during the currency of his Taxi Driver's Licence. There was also submitted a letter of objection from the Chief Constable relative to the renewal of the Taxi Drivers Licence held by Mr S D.

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder and consideration of letters of support which were tabled by an agent on behalf of the licence holder, and having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr S D with immediate effect and that the application for renewal be refused.

(ii) Reference was made to Article IV of the minute of meeting of Licensing Sub‑Committee held on 1st May, 2014, wherein it was agreed that the no further action be taken in relation to the Taxi Drivers Licence held by Mr B G but to recall the matter to the meeting of this Committee for an update from Police Scotland and for the licence holder to undertake and complete an approved Taxi Driver Training Course.

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

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 4th December, 2014 to allow the licence holder to complete an approved Taxi Driver Training Course.

(iii) Reference was made to Article IV(d) of the minute of meeting of the Licensing Sub‑Committee held on 2nd October, 2014, wherein it was agreed to renew the application for a Taxi Drivers Licence from Mr R I and to an adjourned hearing in relation to the alleged conduct of Mr R I during the currency of his Taxi Drivers Licence to the meeting of this Committee to meet the outcome of court proceedings.

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

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to Mr R I during the currency of the Taxi Drivers Licence until the meeting of this Committee to be held in February, 2015 to await the outcome of court proceedings.

(iv) Reference was made to Article IV(d) of the minute of meeting of the Licensing Committee held on 2nd October, 2014, wherein it was agreed that the immediate suspension of the Taxi Drivers Licence held by Mr L McP be recalled with immediate effect and to adjourn the hearing in relation to the alleged conduct of Mr L McP during the currency of his Taxi Drivers Licence to the meeting of this Committee to await the outcome of court proceedings.

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

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr L McP to the meeting of this Committee to be held on 4th December, 2014 to await the outcome of court proceedings.

(v) Reference was made to Article III of the minute of meeting of the Licensing Sub‑Committee held on 4th September 2014, wherein it was agreed that a hearing be held in relation to the alleged conduct of Mr M M during the currency of his Taxi Drivers Licence.

It was reported that Mr M M had been observed waiting in the bus stop and unloading opposite the Nethergate rank on various occasions and that he had previously been given a final written warning. The Committee gave consideration to photographic evidence which had been submitted, together with a letter of support from the licence holder. Thereafter, having heard a representative on behalf of the licence holder, the licence holder on their own behalf and consideration and advice of the Clerk, Councillor Hunter, seconded by Councillor Bowes, moved that the Taxi Drivers Licence held by Mr M M be suspended for a period of two weeks.

As an amendment, Councillor Black, seconded by Councillor Alexander, moved that the Taxi Drivers Licence held by Mr M M be suspended for one week.

On a division, there voted for the motion - Councillors Hunter, Bowes, Ferguson and Brennan (4); and for the amendment - Councillor Alexander, Black and Bidwell (3) - whereupon the motion was declared carried.

(vi) Reference was made to Article IV(c) of the minute of meeting of the Licensing Committee held on 2nd October, 2014, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr M N during the currency of his Taxi Drivers Licence to the meeting of this Committee to await the outcome of court proceedings and to continue immediate suspension of the Taxi Drivers Licence held by Mr M N during the intervening period with immediate effect.

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr M N with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held in January, 2015 to await the outcome of court proceedings.

(vii) Reference was made to Article III of the minute of meeting of Licensing Sub‑Committee held on 26th August, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G S during the currency of his Taxi Drivers Licence to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr G S with immediate effect.

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the Licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr G S during the currency of his Taxi Drivers Licence to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr G S with immediate effect.

(viii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 2nd October, 2014, wherein it was agreed that a medical report be received from OHSAS on the medical fitness of Mr A W to be the holder of a Taxi Drivers Licence.

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

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

The Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk, the Committee agreed to adjourn the hearing in relation to the fitness of Mr A W to be the holder of a Taxi Drivers Licence to the meeting of this Committee to be held on 4th December, 2014 to await the report from OHSAS.

(f) TAXI DRIVER'S LICENCE - SUSPENSION HEARING AND RENEWAL

(i) Reference was made to Article III(a) 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 C during the currency of his Taxi Drivers Licence to await the outcome of court proceedings.

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

There was also submitted a letter of objection from the Chief Constable relevant to the renewal of the Taxi Drivers Licence held by Mr S C.

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 of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr S C during the currency of his Taxi Drivers Licence to await the outcome of court proceedings and to grant the renewal of a Taxi Drivers Licence held by Mr S C during the intervening period.

(ii) Reference was made to Article III(a) of the minute of meeting of the Licensing Sub‑Committee held on 28th July, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr F K during the currency of his Taxi Divers Licence to await the outcome of court proceedings.

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

There was also submitted a letter of objection from the Chief Constable relevant to the application for renewal of a Taxi Drivers Licence held by Mr F K.

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to take no further action and to issue the licence holder with a written warning as to their future conduct and to require the licence holder to undertake and complete a recognised Taxi Driver Training Course within the next year and to grant the renewal of a Taxi Drivers Licence held by Mr F K.

(g) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - RENEWALS

(i) Reference was made to Article IX(e) of the minute of meeting of the Licensing Committee held on 5th September, 2013, wherein it was agreed to take no further action in relation to the suspension of the Taxi Drivers Licence held by Mr A M and to recall any application for renewal of the Taxi Drivers Licence held by Mr A M to the meeting of this Committee for an update from Police Scotland.

There was submitted the original letters of information from the Chief Constable relevant to the conduct of Mr A M during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to take no further action and to grant the application for renewal of a Taxi Drivers Licence by Mr A M.

(ii) Reference was made to Article II of the minute of meeting of the Licensing Sub‑Committee held on 27th November, 2013, wherein it was agreed to take no further action regarding the Taxi Driver's Licence held by Mr C W but to recall any application for renewal of the Taxi Drivers Licence held by Mr C W to the meeting of this Committee for an update from Police Scotland.

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to grant the renewal of the Taxi Drivers Licence held by Mr C W, subject to the licence holder completing a recognised Taxi Drivers Training Course within the next three months.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 2nd October, 2014.

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Tom FERGUSON

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted 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 HEARING

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr A W to be the holder of a Taxi Driver's Licence.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee held on 27th March, 2014, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr J A during the currency of his Taxi Driver's Licence to allow the licence holder to pay the outstanding monies.

There was submitted a letter of information from the Head of Accounts and Benefits relative to the conduct of Mr J A during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub‑Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held in March, 2015, to allow the licence holder to pay the outstanding monies.

(ii) Reference was made to Article II(a)(viii) of the minute of meeting of this Sub‑Committee held on 27th March, 2014, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr J McG during the currency of his Taxi Driver's Licence to allow the licence holder to continue to pay the outstanding monies.

There was submitted a letter of information from the Head of Accounts and Benefits relative to the conduct of Mr J McG during the currency of his Taxi Driver's Licence.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Sub-Committee agreed to take no further action and to issue the licence holder with a written warning as to their future conduct.

(iii) Reference was made to Article II(a)(ix) of the minute of meeting of this Sub‑Committee held on 27th March, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr S M 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 relative to the conduct of Mr S M during the currency of his Taxi Driver's Licence.

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

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 to suspend the Taxi Drivers Licence held by Mr S M for the unexpired portion with immediate effect.

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.

(c) 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 LICENSING SUB-COMMITTEE held at Dundee on 27th October, 2014.

APPENDIX II

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 item 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 IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr M C 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 M C be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr M C 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 28th October, 2014.

APPENDIX III

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 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.

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 R R 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 R R be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr R R to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.