Licensing Committee - 05/03/2015

At a MEETING of the LICENSING COMMITTEE held at Dundee on 5th March, 2015.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 5th February, 2015 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MEMBERSHIP OF LICENSING COMMITTEE - RESIGNATION OF COUNCILLOR ALEXANDER

There was submitted Agenda Note AN22-2015 reporting that Councillor John Alexander had tendered his resignation as a member of the Licensing Committee with effect from 10th February, 2015 and his replacement would be Councillor Ken Lynn. In terms of Standing Order No 45(2) this change would have effect from the next meeting of the Licensing Committee.

The Committee noted that Councillor Lynn would replace Councillor Alexander as a member of the Licensing Committee and agreed to suspend Standing Order No 45(2) so that Councillor Lynn may take part in the business of the meeting of 5th March, 2015. Thereafter, Councillor Lynn took his place within the Committee.

III MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 30th January, 2015, 5th February, 2015 and 17th February, 2015 were submitted for information and record purposes, copies of which are attached to this minute as Appendices I, II and III.

IV 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.

METAL DEALER - NEW APPLICATION

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

SECOND HAND DEALERS - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATION

(b) LATE HOURS CATERING - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that an application had been submitted to allow for opening until 3.30 am Monday to Sunday.

There was submitted a letter of information from the Planning Department relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Principal General Services Officer, 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 planning approval being obtained by the applicant.

In the case of Application No 2, the Committee noted that an application had been submitted to allow for opening until 5.00 am Monday to Sunday and that this was outwith the hours of operation within the current policy on late hours catering.

The Committee gave consideration to the application. Thereafter, having heard the Principal General Services Officer, the 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 until 3.30 am only Monday to Sunday.

In the case of Application No 3, the Committee noted that an application had been submitted to allow for opening until 12.00 am Monday to Sunday and that part of the application in respect of Sunday to Thursday was outwith the hours of operation within the current policy on late hours catering.

The Committee gave consideration to the content of the application. Thereafter, having heard the Principal General Services Officer and the applicant on their own behalf, receiving confirmation that the applicant was content to keep the hours of operation within policy, the Committee agreed that the application be granted.

(c) SKIN PIERCING AND TATTOOIST - 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 matter be considered in their absence.

There was submitted a letter of information which had been submitted from the Environmental Health Department relevant to this application.

The Committee gave consideration to the letter.

Thereafter, having heard the Principal General Services Officer, the Committee agreed that the application be granted, subject to conditions as stipulated by the Environmental Health Department.

(d) TAXI DRIVER - 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 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.

V HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article IV(b) of the minute of meeting of this Committee held on 5th February, 2015, wherein it was agreed to defer consideration of the application to allow the applicant to be in attendance. Thereafter, having heard a representative of the Housing Department, a representative on behalf of the applicant and a representative of the Chief Constable, the Committee agreed that the application be granted.

In the case of Application Nos 2 and 4 to 9, 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 from a representative of the Housing Department, a representative on behalf of the applicant, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that a progress report be submitted to the meeting of the Licensing Committee to be held in six months' time.

In the case of Application No 10, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. The Committee noted that the objector was not present. The Committee gave consideration to the content of the objection. Thereafter, having heard a representative of the Housing Department, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, Councillor Ferguson, seconded by Councillor Bidwell, moved that consideration of the application be deferred to the meeting of this Committee to be held on 16th March, 2015 to allow for a site visit by members of the Committee to take place at the locality of the premises in the application.

As an amendment, Councillor Lynn, seconded by Councillor Cordell, moved that the application not be deferred for a site visit and that it be considered at the meeting.

On a division, there voted for the motion - Councillors Hunter, Ferguson and Bidwell (3); and for the amendment - Councillors Lynn and Cordell (2) - whereupon the motion was declared carried.

In the case of Application Nos 11 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 applications.

In the case of Application Nos 1, 2 and 4 to 15, there being no objections, the Committee agreed that the applications for variation be granted.

In the case of Application No 3, having heard a representative of the Housing Department, the Committee agreed that the application be granted.

In the case of Application Nos 16 and 17, having heard a representative of the Housing Department and the applicants on their own behalf, the Committee agreed that the applications 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 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.

VI HOUSING (SCOTLAND) ACT 2006 - REVOCATION HEARINGS

(i) Reference was made to Article VI of the minute of meeting of this Committee held on 4th September, 2014, wherein it was agreed to take no further action in regard to the complaint from the Housing Department and to provide an update at this meeting.

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

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

Thereafter, having heard a representative of the Housing Department and the representative of the Chief Constable, the Committee agreed that no further action be taken.

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

(a) UPDATE

(i) Reference was made to Article VI of the minute of meeting of this Committee held on 4th September, 2014, wherein it was agreed to take no further action in regard to the complaint from the Housing Department and to provide an update at this meeting.

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

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

Thereafter, having heard a representative of the Housing Department and the representative of the Chief Constable, the Committee agreed that no further action be taken.

(b) REQUESTS FOR HEARINGS

(i) There was submitted a letter of information from the Housing Department relevant to the registration of Mr E A as a landlord.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, the Committee agreed that a hearing be held in relation to the fitness of Mr E A to be registered as a landlord.

(ii) There was submitted a letter of information from the Housing Department relevant to the registration of Mr R W as a landlord.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, the Committee agreed that a hearing be held in relation to the fitness of Mr R W to be registered as a landlord.

(iii) There was submitted a letter of information from the Housing Department relevant to the registration of Mr S P as a landlord.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, the Committee agreed that a hearing be held in relation to the fitness of Mr S P to be registered as a landlord.

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PRIVATE HIRE DRIVER - SUSPENSION HEARING

Reference was made to Article II of the minute of meeting of the Licensing Sub-Committee held on 30th January, 2015, wherein it was agreed that the Private Hire Driver's Licence held by Mr D N be suspended with immediate effect and a hearing be held in relation to the fitness of Mr D N to be the holder of a Private Hire Drivers Licence.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr D N during the currency of his Private Hire 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 continue the suspension of the Private Hire Drivers Licence held by Mr D N with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 30th April, 2015.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article V(d)(iii) of the minute of meeting of this Committee held on 5th February, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R I during the currency of his Taxi Drivers Licence to this meeting of the Committee 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 R I.

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 representative of the Chief Constable, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 30th April, 2015 to await the outcome of court proceedings and to allow the licence holder to be present.

(ii) Reference was made to Article II(d)(iv) of the minute of meeting of this Committee held on 5th February, 2015, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr G McN during the currency of his Taxi Drivers Licence to allow the licence holder to be present.

There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr G McN during the currency of his Taxi Drivers Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard the licence holder on their own behalf and consideration to the advice of the Legal Officer, the Committee agreed that the licence holder be given until 26th March, 2015 to pay the outstanding amount under the fixed penalty notice and that a final written warning be issued to the licence holder with regard to their future conduct. Should the amount due not be paid, the Committee directed that the hearing be recalled to a future meeting.

(iii) Reference was made to Article VII(c)(i) of the minute of meeting of 8th January, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M N 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 M N with immediate effect.

There was submitted a letter of information from the Chief Constable relevant to the alleged 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 the representative of the Chief Constable, the licence holder on their own behalf and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Committee agreed that no further action be taken.

(iv) Reference was made to Article VII(c)(iv) of the minute of meeting of this Committee held on 8th January, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C R during the currency of his Taxi Drivers Licence to this meeting of the Committee to await the outcome of court proceedings and to recall the immediate suspension and the Taxi Driver's Licence held by Mr C R with immediate effect.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr C R.

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 representative of the Chief Constable, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 30th April, 2015 to await the outcome of court proceedings.

(v) Reference was made to Article II of the minute of meeting of the Licensing Sub‑Committee held on 27th January, 2015, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr B S with immediate effect and to hold a hearing in relation to the fitness of Mr B S 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 B 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 B S during the currency of his Taxi Drivers Licence until the meeting of this Committee to be held on 30th April, 2015 and to continue the immediate suspension of the Taxi Drivers Licence held by Mr B S during the intervening period with immediate effect.

(vi) Reference was made to Article VII(c)(iii) of the minute of meeting of this Committee held on 8th January, 2015, wherein it was agreed to continue the suspension of the Taxi Drivers Licence held by Mr G S with immediate effect and adjourn the hearing in relation to the fitness of Mr G S to be the holder of a Taxi Drivers Licence to this meeting 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 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, 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 until the meeting of this Committee to be held on 26th April, 2015 and to continue the immediate suspension of the Taxi Drivers Licence held by Mr G S during the intervening period with immediate effect.

(vii) Reference was made to Article II of the minute of meeting of the Licensing Sub‑Committee held on 16th February, 2015, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr D C with immediate effect and to hold a hearing in relation to the fitness of Mr D C 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 D C 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, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr D C during the currency of his Taxi Drivers Licence until the meeting of this Committee to be held on 26th March, 2015 and to continue the immediate suspension of the Taxi Drivers Licence held by Mr D C during the intervening period with immediate effect.

(viii) There was submitted a report from OHSAS relevant to the medical fitness of Mr A R to be the holder of a Taxi Drivers Licence. The Committee gave consideration to the content of the report. Thereafter, having heard the Principal General Services Officer, a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until 3rd September, 2015 pending a review of the Committee's policy on the medical standards for taxi drivers.

There was submitted a report from OHSAS relevant to the medical fitness of Mr I W to be the holder of a Taxi Drivers Licence. The Committee gave consideration to the content of the report. Thereafter, having heard the Principal General Services Officer, a representative on behalf of the licence holder, the licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until 3rd September, 2015 pending a review of the Committee's policy on medical standards for taxi drivers.

(c) TAXI DRIVERS/TAXI OPERATORS LICENCE - SUSPENSION HEARING

Reference was made to Article VI(e) of the minute of meeting of this Committee held on 5th February, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr S T during the currency of his Taxi Drivers Licence to this meeting of the Committee to await the report from OHSAS on the medical fitness of Mr S T 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 T. There was also submitted a report from OHSAS.

The Committee gave consideration to the content of the documents. Thereafter, having heard the representative of the Chief Constable, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 26th March, 2015 to await an updated OHSAS report and to continue the suspension of the licence with immediate effect.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 30th January, 2015.

APPENDIX I

Present:-

Councillor Craig MELVILLE

Councillor Kevin CORDELL

Councillor Norma McGOVERN

Councillor Craig MELVILLE, 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.

In the absence of the Convener and Depute Convener, the Sub-Committee agreed to elect Councillor Craig Melville as Chair of the Sub-Committee for this meeting.

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 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 D N during the currency of his Private Hire 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 Private Hire Driver's Licence held by Mr D N be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr D N to be the holder of a Private Hire Driver's Licence.

Craig MELVILLE, Chair.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 5th February, 2015.

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 K H 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 and that he had been previously warned to stop the practice on two occasions. Thereafter, the Sub-Committee agreed that a hearing in relation to the fitness of Mr K H to be the holder of a Taxi Driver's Licence be held in due course.

(b) HOUSES IN MULTIPLE OCCUPATION LICENCE - REQUEST FOR REVOCATION

There was submitted a verbal report by the Legal Officer relative to the alleged conduct of W during the currency of their Houses in Multiple Occupation Licence.

Thereafter, having heard the Legal Officer, the Sub-Committee agreed that a revocation hearing in terms of Section 39 of the Housing (Scotland) Act 2006 be held in due course.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 17th February, 2015.

APPENDIX III

Present:-

Lord Provost Bob DUNCAN

Councillor Stewart HUNTER

Councillor Craig MELVILLE

Councillor Stewart HUNTER, Depute 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 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 D 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 D C be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr D C to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.