Licensing Committee - 08/01/2015

At a MEETING of the LICENSING COMMITTEE held at Dundee on 8th January, 2015.

 

Present:-

 

COUNCILLORS

 

Jimmy BLACK

Stewart HUNTER

Laurie BIDWELL

David BOWES

Alan G ROSS

Tom FERGUSON

 

Mohammed ASIF

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 4th December, 2014 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATIONS OF INTEREST

 

Councillor Ferguson declared a non-financial interest in relation to the item of business indicated at Articles V(i) and V(ii) of this minute by virtue of the director of the property company involved in matters being known to him in a personal capacity and withdrew from the Chamber during their consideration.

 

Councillor Hunter declared a non-financial interest in relation to the item of business indicated at Article VII(b)(ii) of this minute by virtue of the licence holder being known to him in a professional capacity and withdrew from the Chamber during its consideration, whereupon the Chair was taken by the Depute Convener, Councillor David Bowes for this item.

 

Councillor Black declared a non-financial interest in relation to the item of business indicated at Article VII(b)(ii) of this minute by virtue of the licence holder being known to him in a professional capacity and withdrew from the Chamber during its consideration.

 

Councillor Hunter declared a non-financial interest in relation to the item of business at Article VII(c)(ii) of this minute by virtue of having been contacted by the complainer in this matter following the decision taken at the last meeting of the Committee.

 

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

 

The minutes of meetings of the Licensing Sub-Committee held on 25th November, 2014 and 4th December, 2014 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

 

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

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

 

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

 

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

 

No

Name

 

1

Sajid Ahmad

2

Foreigners Dundee Ltd (x 2)

3

Barry Short

 

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

 

No

Name

Address of Premises

 

1

Broughty Ferry Traders Association

Christmas Tree Light Switch On

(Date of Event: 27/11/2014)

2

Charleston Community Centre

Local Management Group

Charleston Community Centre

(Date of Event: 28/10/2014)

3

Charles Horne

City Centre

(Date of Event: 14/11/2014)

4

Kirkton Community Centre

Local Management Group

Kirkton Community Centre

(Date of Event: 23/10/2014)

5

Kirkton Community Centre

Local Management Group

Kirkton Community Centre

(Date of Event: 09/12/2014)

6

Menzieshill Community Centre

Local Management Group

Menzieshill Community Centre

(Date of Event: 01/11/2014)

 

SECOND HAND DEALER - NEW APPLICATIONS

 

No

Name

Address of Premises

 

1

Adenstone Ltd

Cash Convertors, 14-16 Whitehall Crescent

2

Duncan W Geekie

Hilltown Indoor Market, Main Street

3

Terncove Ltd

We Pay, 21 Haldane Avenue

 

TAXI DRIVER - NEW APPLICATIONS

 

No

Name

 

1

Drew Gilligan

2

Brian J Roberts

 

(b) ANIMAL BOARDING - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Address

 

1

Gary Lucas

54 Symers Street

 

In the case of this application reference was made to Article IV(b) of the minute of meeting of this Committee held on 4th December, 2014, wherein it was agreed to defer consideration of the application to the meeting of this Committee to be held in January, 2015 to allow the applicant to be present.

 

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee gave consideration to a letter of objection which had been submitted by the Environment Department relevant to this application. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be refused.

 

(c) TAXI FARES

 

There was submitted Agenda Note AN260-2014 reporting that following the Annual Review of Taxi Fares using the agreed methodology that the percentage increase on taxi related RPI was 0.69%. This represented a 2p increase on the initial fare and no increase on the rate for each additional 1/10 mile as the 0.7p threshold had not been reached.

 

It was reported that this was discussed with the Trade at the Taxi Liaison Group and the recommendation from that group was that there be no increase in fares for 2015/2016, it being noted that the 2p increase would be taken into account when the calculations were carried out at the next review.

 

The Committee agreed that there be no increase as indicated above and instructed the Head of Democratic and Legal Services to carry out the statutory advertising process.

 

(d) ELECTED MEMBER ATTENDANCE AT TAXI LIAISON GROUP MEETINGS

 

Reference was made to Article IV of the minute of meeting of this Committee held on 31st March, 2011, wherein it was agreed that elected members no longer also be members of the Taxi Liaison Group and that they do not attend meetings of the Group.

 

There was submitted Agenda Note AN259-2014 reporting that members of the Committee had expressed an interest in attending group meetings again. It was suggested that if members wished to attend meetings of this group, this be in a purely observer capacity only and that they do not take part in any discussions nor should they be members of the group. The Committee Services Section would also ensure that all Committee members received a copy of the group agenda and minutes in advance.

 

The Committee agreed the terms of the note.

 

(e) TAXI DRIVER - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

 

1

Mohammed Ibrar

 

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 the street test within the prescribed period, the Committee agreed that the application be refused.

 

(f) PRIVATE HIRE OPERATOR - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

 

1

Lee McMurchie

 

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 not made contact with Police Scotland to arrange an interview as part of the application process, the Committee agreed that the application be considered incompetent.

 

(g) PRIVATE HIRE CAR LICENCE - REQUEST FOR VARIATION

 

It was reported that an application had been made by George Scullion to vary the conditions of his licence to reduce the number of passengers from four to three. It was reported that, when taking a wheelchair passenger, this would be two passengers plus one wheelchair passenger. The vehicle was to be used mostly in connection with carrying wheelchair passengers.

 

In the case of this application, there being no objections and having heard the Principal General Services Officer and the applicant on their own behalf, the Committee agreed that the application be granted.

 

IV HOUSING (SCOTLAND) ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There was submitted the undernoted applications.

 

No

Name

Person Responsible

Address

 

1

Yusuf & Dilshad Okhai

Rent Flats Dundee/Shazad Latif

2/L, 378 Perth Road

2

Razco Ltd

Rent Flats Dundee/Shazad Latif

4/R, 19 Bank Street

 

3

Josephine A Hall

Joshua Hall

3/3, 1 Dudhope Street

4

Carol A & Stuart Pascoe

Grant Property Solutions Ltd/

Peter Grant

131A Albert Street

5

Tom Scoular

Rockford Properties/Natalie

Robertson

2/L, 74 Commercial Street

6

Robert Reekie

Alison Bruce Property

Management Ltd/Alison Bruce

99D Seagate

7

Anna-Lill & James Whittet

 

1/1, 7 Blackness Avenue

 

In the case of Application No 1, the Committee noted that the objector to the application was not present. The Committee gave consideration to a letter of objection which had been submitted by a member of the public relevant to this application. Thereafter, having heard a representative of the Housing Department, a representative on behalf of the applicant, 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 2 and 5, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

 

In the case of Application No 3, having heard a representative of the Housing Department, a representative on behalf of the applicant, the applicant on their own behalf and the representative of the Chief Constable, the Committee agreed that the application be granted.

 

In the case of Application No 4, the Committee gave consideration to letters of objection which had been submitted by members of the public relevant to this application. Thereafter, having heard a representative of the Housing Department, a representative on behalf of the applicant, the objectors to the application and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that a report be submitted by the Housing Department on the operation of the licence to the meeting of this Committee to be held in three months' time.

 

In the case of Application No 6, having heard a representative of the Housing Department and a representative on behalf of the applicant, the Committee agreed that the application be granted.

 

In the case of Application No 7, the Committee agreed that consideration of this application be deferred to a future meeting of the Committee.

 

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 V of the minute of meeting of this Committee held on 4th December, 2014, wherein it was agreed to defer the hearing in relation to the fitness of Mr R A to be registered as a landlord to this meeting of the Committee.

 

There was submitted a letter of information from the Housing Department relevant to the registration of Mr R A as a landlord.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the landlord, the landlord on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in September, 2015 for an update from the Housing Department and for the landlord to meet with the Housing Department.

 

(ii) Reference was made to Article V of the minute of meeting of this Committee held on 4th December, 2014, wherein it was agreed to defer the hearing in relation to the fitness of B to be registered as a landlord to this meeting of the Committee.

 

There was submitted a letter of information from the Housing Department relevant to the registration of B as a landlord.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the landlord, the landlord on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in September, 2015 for an update from the Housing Department and for the landlord to meet with the Housing Department.

 

(iii) Reference was made to Article V of the minute of meeting of the Licensing Sub‑Committee held on 4th December, 2014, wherein it was agreed to hold a hearing in relation to the fitness of J to be registered as a landlord.

 

There was submitted a letter of information from the Housing Department relevant to the registration of J as a landlord.

 

The Committee noted that the licence holder was not present and agreed to adjourn the hearing to allow the licence holder to be present.

 

VI HOUSING (SCOTLAND) ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION - HEARING

 

(i) Reference was made to Article II of the minute of meeting of the Licensing Sub‑Committee held on 6th November, 2014, wherein it was agreed to hold a hearing in relation to the suitability of D to be the holder of a Houses in Multiple Occupation Licence.

 

There was submitted a letter of information from the Housing Department relevant to the registration of D to be the holder of a Houses in Multiple Occupation Licence.

 

The Committee noted that the licence holder was not present and having considered the advice of the Legal Officer, the Committee agreed to adjourn the hearing to a future meeting of this Committee for legal matters to be resolved.

 

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

(i) Reference was made to Article V(a)(i) of the minute of meeting of this Committee held on 26th June, 2015, wherein consideration of the application by Mr R C for a Taxi Drivers Licence was deferred to await the outcome of court proceedings.

 

There was submitted an application by Mr R C for a Taxi Drivers 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, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the application for a period of six months once the applicant had submitted their Unique Tax Reference Number to the satisfaction of the Licensing Department.

 

(ii) Reference was made to Article VIII(c) of the minute of meeting of this Committee held on 4th December, 2014, wherein consideration of the application by Mr R U for a Taxi Drivers Licence was deferred to await the outcome of court proceedings.

 

There was submitted an application by Mr R U for a Taxi Drivers 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, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the application for a period of six months and that an update on the operation of the licence be provided by the Chief Constable in six months' time.

 

(b) TAXI DRIVER'S LICENCE - RENEWAL

 

(i) Reference was made to Article III(c)(ii) of the minute of meeting of this Committee held on 28th July 2014, wherein the Committee granted the application by Mr D F for renewal of his Taxi Drivers Licence and to recall the matter to this meeting of the Committee for an update from Police Scotland.

 

The Committee noted that the licence holder was not present and agreed that consideration of the matter be deferred for a month to allow the licence holder to be present.

 

(ii) Reference was made to IV(e)(ii) of the minute of meeting of this Committee held on 2nd October 2014, wherein the Committee granted the application by Mr G B for renewal of his Taxi Drivers 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 G B for renewal of his Taxi Drivers Licence.

 

There was submitted the original letter of information from the Chief Constable relevant to this matter. 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 that no further action be taken and that the application be granted.

 

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article VI(f)(vi) of the minute of meeting of the Licensing Committee held on 6th November, 2014, wherein it was agreed that the immediate suspension to the Taxi Drivers Licence held by Mr M N be continued with immediate effect and 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.

 

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 Drivers 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 Convener, seconded by Councillor Bowes, moved that the hearing in relation to the alleged conduct of Mr M N be adjourned to the meeting of this Committee to be held in two months' time to wait the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr M N with immediate effect during the intervening period.

 

As an amendment, Councillor Asif, seconded by Councillor Black, moved that the hearing in relation to the alleged conduct of Mr M N during the currency of his Taxi Drivers Licence be adjourned until the meeting of this Committee held in two months' time to wait the outcome of court proceedings and to recall the suspension of the Taxi Drivers Licence held by Mr M N with immediate effect during the intervening period.

 

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

 

(ii) Reference was made to Article VIII(d)(vi) of the minute of meeting of the Licensing Committee held on 4th December, 2014, wherein it was agreed that the immediate suspension to the Taxi Drivers Licence held by Mr R R be recalled with immediate effect and to adjourn the hearing in relation to the alleged conduct of Mr R R during the currency of his Taxi Drivers Licence to the meeting of this Committee to allow the taxi operator for whom Mr R R drives for to be in attendance.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R R during the currency of his Taxi Drivers Licence.

 

Thereafter, having heard the Principal General Services Officer, the representative of the licence holder, the licence holder on their own behalf, the Taxi Operator and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken subject to the Taxi Operator's Licence being varied to allow the installation of an approved CCTV system and Mr R Rs Taxi Drivers Licence being varied so that he may only drive taxis with approved CCTV installed.

 

(iii) Reference was made to Article VI(f)(vii) of the minute of meeting of the Licensing Committee held on 6th November, 2014, wherein it was agreed that the immediate suspension to the Taxi Drivers Licence held by Mr G S be continued with immediate effect and to adjourn the hearing in relation to the alleged conduct of Mr G S 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 G S during the currency of his Taxi Drivers Licence.

 

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

 

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and 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 to the meeting of this Committee to be held in two months' time 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.

 

(iv) Reference was made to Article II of the minute of meeting of the Licensing Sub‑Committee held on 22nd December, 2014, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr C R with immediate effect and to hold a hearing in due course in relation to the alleged conduct of Mr C R during the currency of his Taxi Drivers Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr C R 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 in relation to the alleged conduct of Mr C R to the meeting of this Committee to be held in two months' time to await the outcome of court proceedings and to recall the immediate suspension of the Taxi Driver's Licence held by Mr C R.

 

(d) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

 

Reference was made to Article IV(g) of the minute of meeting of the Licensing Committee held on 2nd October, 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 Drivers Licence and Taxi Operator's 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 J McL 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, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 25th November, 2014.

 

APPENDIX I

 

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

 

 

 

 

David BOWES, Depute Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 4th December, 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 Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

 

I DECLARATION OF INTEREST

 

No declarations of interest were made.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) INDISCRIMINATE PARKING IN NETHERGATE

 

There was submitted a note of information from the Licensing Department relative to the conduct of Mr R C, Mr R G and Mr R L during the currency of their Taxi Drivers Licences.

 

The Sub-Committee gave consideration to the content of the note submitted by the Licensing Department. The Sub-Committee noted that the licence holders had been observed parking indiscriminately and they had all been previously warned to stop the practice. Thereafter, the Sub‑Committee agreed that final written warnings be issued to Mr R C, Mr R G and Mr R L and to note that any further infringements would result in requests for hearings in relation to their fitness to be the holders of Taxi Drivers Licences.

 

III ANTI-SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004

 

(a) REQUEST FOR REMOVAL OF REGISTRATION HEARING - REGISTRATION OF CERTAIN LANDLORDS

 

There was submitted a letter of information from the Housing Department relevant to the registration of Company J as a landlord.

 

The Sub-Committee gave consideration to the content of the letter. Thereafter, having considered the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Company J to be registered as a landlord.

 

 

 

 

Stewart HUNTER, Convener.