Licensing Committee - 03/09/2015

At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd September, 2015.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 10th August, 2015 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Asif declared a non-financial interest in the items of business at Articles IV(f) and V(a)(ii)(v) and (vi) by virtue of the applicant being known to him in a personal capacity and left the Chamber prior to its consideration.

II MINUTES OF MEETINGS OF THE LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 1st June, 2015, 4th June, 2015, 11th June, 2015, 15th June, 2015, 22nd June, 2015, 16th July, 2015, 21st July, 2015 and 10th August, 2015 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I to VIII.

III MINUTE OF MEETING OF THE TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 11th March, 2015 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix IX.

IV CIVIC GOVERNMENT (SCOTLAND) ACT

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

PRIVATE HIRE DRIVERS - NEW APPLICATIONS

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATION

(b) FOOD HYGIENE INFORMATION SCHEME (FHIS)

There was submitted Agenda Note AN173-2015 reporting that Dundee City Council had been a member of the Food Hygiene Information Scheme since 10th October, 2010. There were currently 1,307 premises covered by the scheme in Dundee and inspection results were given to places where you could eat out such as restaurants, takeaways, cafes, sandwich shops, pubs and hotels.

The scheme provided businesses with a certificate for display at their premises. A Pass Certificate confirmed that a food business had been inspected by the Council and had met the required legal standards. An Awaiting Inspection Certificate was provided for new businesses that had not yet been inspected. If a food business fell short of the legal standard it was classified as Improvement Required.

It was reported that 27% of Late Hours Caterers were listed on the Scheme as "Improvement Required".

The Committee agreed:-

(i) that a new condition be included on all Late Hours Catering Licences requiring that they achieved the FHIS pass standard within three months of the grant of the licence and that any whose rating subsequently became "Improvement Required" should rectify all contraventions within one month and request a re-inspection by Environmental Health Officers; and

(ii) to note that on an ongoing basis any businesses not achieving the pass standard within three months of opening or being rated "Improvement Required" would be reported to a meeting of the Licensing Committee to explain why the standard of hygiene had not improved.

(c) SKIN PIERCING AND TATTOOIST - 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 application be considered in their absence. Thereafter, having noted that the Environmental Health Department were unable to contact the applicant to conclude their assessment of the application and having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

In the case of Application No 2, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having noted Police Scotland were unable to contact the applicant to continue their assessment of the application and having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(d) STREET TRADER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Applications Nos 1 and 2, the Committee noted that application had been made for an exemption to allow the applicants to trade in the City Centre area.

The Committee gave consideration to the content of a letter submitted by the applicants. Thereafter, having heard the applicants on their own behalf and consideration of the advice of the Principal General Services Officer, the Committee agreed that the applications be granted and that the conditions in relation to the prohibition of trading in the City Centre and also the requirement to move location every 15 minutes be removed and that any future applications of this nature be added to the list to allow officers to consider them in terms of the Scheme of Delegation.

(e) 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, the Committee noted that the application had been withdrawn from consideration by the applicant.

(f) PUBLIC ENTERTAINMENT - RENEWAL APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted an application had also been submitted to allow for opening until 1.00 am on Fridays and Saturdays and that this part of the application was a variation on the hours previously operated at these premises.

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

The Committee gave consideration to the content of the application. Thereafter, having heard the Principal General Services Officer, the Committee agreed that consideration of the application be deferred for a month to allow the applicant to be present.

(g) SKIN PIERCING AND TATTOOIST - RENEWAL APPLICATION

There was submitted the undernoted application.

Reference was made to Article VII(b) of the minute of meeting of the Licensing Committee held on 4th December, 2014, wherein it was agreed to grant Ms S McLanders a Skin Piercing and Tattooist Licence and that any application for renewal of licence be submitted to the Committee for determination.

There was submitted an update from Environmental Health on the operation of the licence relevant to this application.

Thereafter, having considered the content of the report and having heard the Principal General Services Officer and the licence holder on their own behalf, the Committee agreed that the application be granted.

V HOUSING SCOTLAND ACT 2006

There were submitted the undernoted applications.

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

In the case of Application Nos 1, 2, 3, 5, 6, 7 and 9 to 13, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application Nos 4 and 14, having heard a representative of the Housing Department and a representative on behalf of the applicants, the Committee agreed that the applications be granted.

In the case of Application Nos 15 to 26, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

In the case of Application No 8, the Committee noted that the objector to this application was not present. The Committee gave consideration to the letter of objection which had been submitted by a member of the public, together with a further supporting e‑mail from the objector which was tabled. 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.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION - UPDATE

In the case of Application No 1, reference was made to Article IV(a) of the minute of meeting of this Committee held on 4th September, 2014, wherein the Committee granted the application for a Houses in Multiple Occupation Licence submitted by Mr Mansfield but to recall the application in six months time for an update from the Housing Department.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee noted that Easylets Ltd were no longer responsible for the day to day management of the property and that this was now Mr Mansfield. Thereafter, having heard the 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 V(b) of the minute of meeting of the Licensing Committee held on 26th March, 2015, wherein the Committee granted the application for a Houses in Multiple Occupation Licence submitted by Ms Darvandzadeh and to recall the matter in six months time with an update from the Private Sector Services Manager on the operation of the licence.

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

(c) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 19, there being no objections, the Committee agreed that the applications for variation be granted.

(d) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

Reference was made to Article IV(d) of the minute of meeting of the Licensing Committee held on 4th June, 2015, wherein the Committee agreed to defer consideration of the above application to this meeting of the Committee for an update from the Private Sector Services Manager on the operation of the licence.

Thereafter, having heard a representative from the Housing Department, a representative of Scottish Fire and Rescue, a representative of Building Control, the applicants on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted, subject to conditions that all works be completed to the satisfaction of relevant agencies and that the building not be occupied until a Building Completion Certificate was issued.

Councillor Bidwell left the Chamber prior to consideration of the following items of business and did not return.

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.

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

(i) Reference was made to Article V of the minute of meeting of this Committee held on 8th January, 2015, wherein it was agreed that consideration of the hearing in relation to the suitability of Mr R A to be registered as a landlord be adjourned to this meeting for an update from the Housing Department.

The original letter of information from the Private Sector Services Manager was submitted.

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 the hearing be adjourned to a future meeting of this Committee to enable the Housing Department to complete their enquiries into this matter.

(ii) Reference was made to Article V of the minute of meeting of this Committee held on 8th January, 2015, wherein it was agreed that consideration of the hearing in relation to the suitability of Company B to be registered as a landlord be adjourned to this meeting for an update from the Housing Department.

The original letter of information from the Private Sector Services Manager was submitted.

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 the hearing be adjourned to a future meeting of this Committee to enable the Housing Department to complete their enquiries into this matter.

(iii) Reference was made to Article VI(b) of the minute of meeting of this Committee held on 30th April, 2015, wherein it was agreed that Mr D B be registered as a landlord and that an update on the operation of the licence be provided by the Housing Department at this meeting of the Committee.

Thereafter, 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 to defer the update to the meeting of this Committee to be held in January, 2016.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PRIVATE HIRE DRIVER - NEW APPLICATIONS

There was submitted an application by Mr J M for a Taxi Drivers Licence.

There was submitted a letter of representation from the Chief Constable relevant to this application.

Thereafter, the Committee noted that the application had been withdrawn from consideration by the applicant.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) There was submitted an application by Mr M K for a Taxi Drivers Licence.

The Committee noted that the applicant had a residence permit until 15th July, 2016. 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 until 14th July, 2016 and that any subsequent renewal application be recalled to a meeting of this Committee should any extended resident's permit be obtained by Mr M K.

(ii) There was submitted an application by Mr D A for a Taxi Drivers 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, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(iii) Reference was made to Article VII(a) of the minute of meeting of this Committee held on 8th January, 2015, wherein the Committee agreed to defer consideration of the application by Mr R C for a Taxi Driver's Licence to await the outcome of court proceedings.

There was submitted an application by Mr R C for a Taxi Drivers 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, 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 applicant complete an approved taxi driver training course within the next six months and that the matter be recalled after six months for an update.

(iv) There was submitted an application by Mr J M for a Taxi Drivers Licence.

There was submitted a 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 Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held in October, 2015.

(v) There was submitted an application by Mr M McG for a Taxi Drivers 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, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(c) PRIVATE HIRE DRIVER - SUSPENSION HEARING

Reference was made to Article VI(a) of the minute of meeting of this Committee held on 4th June, 2015, wherein it was agreed to continue the suspension of the Private Hire Driver's Licence held by Mr D W with immediate effect and hold a fresh hearing at this meeting of the Committee.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr D W 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 continue the suspension of the Private Hire Driver's Licence held by Mr D W with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held in November, 2015 to await the outcome of court proceedings.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article VI(b) of the minute of meeting of this Committee held on 4th June, 2015, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr J H during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings and to recall the suspension of the Taxi Driver's Licence held by Mr J H with immediate effect during the intervening period.

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

The Committee noted that the licence holder was not present and agreed the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be further adjourned to the meeting of this Committee to be held in October, 2015 to await the outcome of court proceedings.

(ii) Reference was made to Article VII(c) of the minute of meeting of this Committee held on 30th April, 2015, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr R I during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings.

There was submitted the original letter of information from the Chief Constable relevant to the alleged 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 the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be further adjourned to the meeting of this Committee to be held in November, 2015 to allow a further report of misconduct by the licence holder to be considered.

(iii) Reference was made to Article VI(b) of the minute of meeting of this Committee held on 4th June, 2015, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M I during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings and to continue the immediate suspension of the Taxi Driver's Licence held by Mr M I with immediate effect during the intervening period.

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

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 that a fresh hearing be held at the meeting of this Committee to be held in January, 2016 to await the outcome of court proceedings and to continue the immediate suspension of the Taxi Driver's Licence held by Mr M I with immediate effect during the intervening period.

(iv) Reference was made to Article VI(b) of the minute of meeting of this Committee held on 4th June, 2015, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M J during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings.

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

There was submitted the original letter of objection from the Chief Constable relevant to the alleged conduct of Mr M J during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and agreed the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be further adjourned to the meeting of this Committee to be held in October, 2015 to allow the licence holder to be present to explain the circumstances as narrated in the letter.

(v) Reference was made to Article VI(c) of the minute of meeting of this Committee held on 4th June, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C K during the currency of his Taxi Driver's 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 C K 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.

(vi) Reference was made to Article VII(b) of the minute of meeting of this Committee held on 26th March, 2015, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr I MacP during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings and to recall the immediate suspension of the Taxi Driver's Licence held by Mr I MacP with immediate effect during the intervening period.

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

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

(vii) Reference was made to Article VII(c) of the minute of meeting of this Committee held on 30th April, 2015, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr S McD during the currency of his Taxi Driver's Licence to await the outcome of criminal proceedings and to recall the suspension of the Taxi Driver's Licence held by Mr S McD with immediate effect during the intervening period.

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

The Committee noted that the licence holder was not present and agreed the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be further adjourned to the meeting of this Committee to be held in October, 2015 to await the outcome of court proceedings.

(viii) Reference was made to Article II(a) of the minute of meeting of this Committee held on 22nd April, 2015, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr G M to be the holder of a Taxi Drivers Licence to await a report from OHSAS on his medical fitness.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence, together with a further letter of complaint.

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 the 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 fitness of Mr G M to be the holder of a Taxi Drivers Licence to the meeting of this Committee to be held in December, 2015 to await the outcome of court proceedings.

(ix) Reference was made to Article VI(d) of the minute of meeting of this Committee held on 5th February, 2015, wherein it was agreed that Mr S M be issued with a final written warning and that the matter be recalled and that a report be submitted to the meeting for an update from Police Scotland.

There were submitted the original letters of information from the Chief Constable relevant to the conduct of Mr S M 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 both letters. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(x) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 29th June, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J M during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr J M during the currency of his Taxi Driver Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Environmental Compliance Manager, the licence holder on their own behalf and consideration of the advice of the Legal Officer, Councillor Lynn, seconded by Councillor Melville, moved that the licence be suspended for two months.

As an amendment, the Convener, seconded by Councillor Black, moved that the licence not be suspended.

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

As a counter amendment, the Convener, seconded by Councillor Black, moved that the licence holder be issued with a written warning as to their future conduct.

As an amendment, Councillor Brennan, seconded by Councillor Asif, moved that the licence holder be issued with a verbal warning.

On a division, there voted for the motion - Councillors Hunter, Black, Lynn, Bidwell and Ferguson (5); and for the amendment - Councillors Asif and Brennan (2) - whereupon the motion was declared carried and the licence holder was issued with a written warning as to their future conduct.

(xi) Reference was made to Article V(b) of the minute of meeting of this Committee held on 4th June, 2015, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr C S with immediate effect and hold a fresh hearing at this meeting of the Committee.

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.

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 to continue the suspension of the Taxi Drivers Licence held by Mr C S with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held in November, 2015 to await the outcome of court proceedings.

(xii) Reference was made to Article V(b) of the minute of meeting of this Committee held on 4th June, 2015, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr G S with immediate effect and hold a fresh hearing at this meeting of the Committee.

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 gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and noting that the Procurator Fiscal's Office would not be proceeding with the matter, the Committee agreed to recall the suspension of the Taxi Drivers Licence held by Mr G S with immediate effect and that no further action be taken.

(xiii) Reference was made to Article V(b) of the minute of meeting of this Committee held on 4th June, 2015, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr S T to be the holder of a Taxi Drivers Licence to await a report from OHSAS on his medical fitness.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr S T during the currency of his Taxi Driver's Licence. There was also tabled a report from OHSAS relevant to the medical fitness of Mr S T.

The Committee gave consideration to the content of the letter and the report.

Thereafter, having heard the representative of the Chief Constable, a representative of the licence holder and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed to suspend the Taxi Driver's Licence held by Mr S T for the unexpired portion of the licence with immediate effect.

(xiv) Reference was made to Article VIII(b) of the minute of meeting of this Committee held on 5th March, 2015, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr I W to be the holder of a Taxi Drivers Licence to await a report from OHSAS on his medical fitness.

Thereafter, having noted that the licence holder had not been required to be present and also taking consideration of the advice of the Clerk and the Legal Officer, the Committee agreed to adjourn the hearing in relation to the fitness of Mr I W to be the holder of a Taxi Drivers Licence to await the report from OHSAS on the medical fitness of the licence holder.

(xv) Reference was made to Article VIII(b) of the minute of meeting of this Committee held on 5th March, 2015, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr A R to be the holder of a Taxi Drivers Licence to await a report from OHSAS on his medical fitness.

Thereafter, having noted that the licence holder had not been required to be present and also taking consideration of the advice of the Clerk and the Legal Officer, the Committee agreed to adjourn the hearing in relation to the fitness of Mr A R to be the holder of a Taxi Drivers Licence to await the report from OHSAS on the medical fitness of the licence holder.

(xvi) The Committee, having noted that the licence holder, Mr N C, had not been required to be present and also taking consideration of the advice of the Clerk and the Legal Officer, the Committee agreed to adjourn the hearing in relation to the fitness of Mr N C to be the holder of a Taxi Drivers Licence to await the report from OHSAS on the medical fitness of the licence holder.

(xvii) The Committee, having noted that the licence holder Mr J C had not been required to be present and also taking consideration of the advice of the Clerk and the Legal Officer, the Committee agreed to adjourn the hearing in relation to the fitness of Mr J C to be the holder of a Taxi Drivers Licence to await the report from OHSAS on the medical fitness of the licence holder.

(e) TAXI DRIVERS LICENCE - REQUEST FOR UPDATE

(i) Reference was made to Article VII(a) of the minute of meeting of this Committee held on 8th January, 2015, wherein the Committee agreed to grant the application by Mr R U and to recall the application to this meeting of the Committee for an update from Police Scotland.

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 licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(ii) Reference was made to Article III(a) of the minute of meeting of this Committee held on 26th August, 2014, wherein the Committee agreed to recall the suspension of the Taxi Driver's Licence held by Mr G M with immediate effect, that the licence holder be issued with a verbal warning, that the licence holder complete an approved taxi driver training course within a year and that the matter be recalled to this meeting of the Committee for an update from Police Scotland. There was submitted the original letter of representation from the Chief Constable relative to this application.

Thereafter, having heard the Clerk and a representative on behalf of the applicant, the Committee agreed that no further action be taken, subject to the licence holder providing the Licensing Department with a copy of the Certificate of Completion of the taxi driver training course.

(f) TAXI OPERATORS LICENCE - REQUEST FOR VARIATION - UPDATE

Reference was made to Article V(e) of the minute of meeting of this Committee held on 4th June, 2015, wherein there was submitted a request for variation from Mr J G in relation to his Taxi Operator's Licence. The Committee gave consideration to the content of the application. Thereafter, the Committee agreed that the variation be granted until the meeting of this Committee to be held in May, 2016, when the matter would be re-visited.

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

(i) Reference was made to Article V(d) of the minute of meeting of this Committee held on 4th June, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M I during the currency of his Taxi Driver's 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 M I 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 until the meeting of this Committee to be held in November, 2015 to await the outcome of court proceedings.

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 21st July, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr T S during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr T S 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 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 1st June, 2015.

APPENDIX I

Present:-

Councillor David BOWES

Councillor Jimmy BLACK

Councillor Tom FERGUSON

Councillor David BOWES, 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 items of business on the grounds that they involve 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 AND TAXI OPERATORS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J G during the currency of his Taxi Driver and Taxi Operators Licences.

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 J G be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr J G to be the holder of a Taxi Driver's Licence. No action would be taken in relation to the Taxi Operators Licence held by Mr J G in the intervening period.

David BOWES, Depute Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 4th June, 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) REQUEST FOR SUSPENSION HEARING - INDISCRIMINATE PARKING

There was submitted a note of information from the Licensing Department relative to the conduct of Mr B B and Mr I M during the currency of their Taxi Driver's 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 that they had all been previously warned to stop the practice. Thereafter, the Sub-Committee agreed that final written warnings be issued to Mr B B and Mr I M and to note that any further infringements would result in requests for hearings in relation to their fitness to be the holders of Taxi Driver's Licences.

(b) TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D D during the currency of his Taxi Drivers 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 a hearing be held in due course in relation to the fitness of Mr D D to be the holder of a Taxi Driver's Licence.

(c) TAXI AND DRIVERS LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub-Committee held on 26th March, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M A during the currency of his Taxi Driver's Licence.

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

The Committee noted that the licence holder was not present and agreed 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 that the hearing be further adjourned until the meeting of the Committee to be held on 29th June, 2015.

(ii) Reference was made to Article II(a)(iii) of the minute of meeting of the Licensing Sub-Committee held on 26th March, 2015, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr A B during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

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

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 Sub-Committee agreed that no further action be taken and that the licence holder be issued with a written warning as to their future conduct.

(iii) Reference was made to Article II(a)(iv) of the minute of meeting of the Licensing Sub-Committee held on 26th March, 2015, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M C during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

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

The Sub-Committee noted that the licence holder was not present and agreed the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to further adjourn consideration of the hearing in relation to the alleged conduct of Mr M C during the currency of his Taxi Driver's Licence to the meeting of the Licensing Committee to be held on 29th June, 2015 to await the outcome of court proceedings.

(iv) Reference was made to Article II(a)(v) of the minute of meeting of the Licensing Sub-Committee held on 26th March, 2015, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr U K during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

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

The Sub-Committee noted that the licence holder was not present and agreed the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr U K during the currency of his Taxi Driver's Licence to the meeting of this Sub-Committee to be held in October, 2015 to await the outcome of court proceedings.

(v) Reference was made to Article II(a)(vi) of the minute of meeting of this Sub-Committee held on 26th March, 2015, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr C K during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

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

The Sub-Committee noted that the licence holder was not present and agreed the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr C K during the currency of his Taxi Driver's Licence to the meeting of the Licensing Committee to be held in September, 2015 to await the outcome of court proceedings.

(vi) Reference was made to Article II(a)(iii) of the minute of meeting of the Licensing Sub-Committee held on 8th January, 2015, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr C L during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

There was submitted the original letter of information from the Chief Constable relevant 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr C L during the currency of his Taxi Driver's Licence to the meeting of this Sub-Committee to be held in October, 2015 to await the outcome of court proceedings.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 11th June, 2015.

APPENDIX III

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 involve the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part 1 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 G during the currency of his Taxi Drivers 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 Drivers Licence held by Mr R G be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr R G to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 15th June, 2015.

APPENDIX IV

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 involve the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part 1 of Schedule 7A of the Act

I DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

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

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 22nd June, 2015.

APPENDIX V

Present:-

Councillor David BOWES

Councillor Alan G ROSS

Councillor Tom FERGUSON

Councillor David BOWES, 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 items of business on the grounds that they involve 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 AND TAXI OPERATOR'S LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A G during the currency of his Taxi Driver's Licence and Taxi Operator'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 A G be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr A G to be the holder of a Taxi Driver's Licence. No action would be taken on the Taxi Operator's Licence held by Mr A G during the intervening period.

David BOWES, Depute Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 16th July, 2015.

APPENDIX VI

Present:-

Councillor David BOWES

Councillor Alan G ROSS

Councillor Lesley BRENNAN

Councillor David BOWES, 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 items of business on the grounds that they involve 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 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 S S be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr S S 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 21st July, 2015.

APPENDIX VII

Present:-

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Lesley BRENNAN

Councillor Stewart HUNTER, Convener, in the Chair.

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 AND TAXI OPERATOR'S LICENCE - REQUEST FOR HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J P during the currency of his Taxi Drivers Licence and Taxi Operator'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 a hearing be held in due course in relation to the fitness of Mr J P to be the holder of a Taxi Driver's Licence and Taxi Operators Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr T S during the currency of his Taxi Drivers Licence and Taxi Operator'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 a hearing be held in due course in relation to the fitness of Mr T S to be the holder of a Taxi Driver's Licence and Taxi Operators Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 10th August, 2015.

APPENDIX VIII

Present:-

Councillor Stewart HUNTER

Councillor Alan G ROSS

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) TAXI DRIVER'S LICENCE - REQUEST FOR HEARINGS

(i) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr J McA during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr J McA to be the holder of a Taxi Drivers Licence.

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.

(ii) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr D F during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr D F to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 11th March, 2015.

APPENDIX IX

Present:-

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

Stuart GALLOWAY, Principal General Services Officer, Support Services Department

Brian WOODCOCK, Senior Solicitor, Licensing, Support Services Department

Neil GELLATLY, City Development Department

Mark DEVINE, City Development Department

Gerry CONNOLLY, City Development Department

Fraser CRICHTON, City Development Department

TAXI TRADE REPRESENTATIVES

Erik THORESEN, Dundee Hackney Association

David YOUNG, Dundee Private Hire (203020) Ltd

Graeme STEPHEN, Dundee Taxi Association

Wayne O'HARE, Dundee Taxi Ltd

Willie LEES, GMB

Doug INGLIS, Handy Taxis

John CURRAN, Tele Taxis

Chris ELDER, Unite the Union

POLICE SCOTLAND REPRESENTATIVES

Ian BETHWAY (Sergeant)

ALSO IN ATTENDANCE

Councillor David BOWES

Councillor Tom FERGUSON

Stuart GALLOWAY, in the Chair.

Apologies for absence were submitted on behalf of Doug Inglis, Handy Taxis.

l MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of the Taxi Liaison Group held on 20th January, 2014, 17th February, 2014 and 26th May, 2014 were submitted and noted for information and record purposes.

II DUNDEE CITY COUNCIL

Items on agenda at request of Dundee City Council:-

(a) PROPOSALS FOR FINAL STAGE OF DEVELOPMENT OF TAXI LICENCE POLICY

Stuart Galloway reported that the first two stages of the Councils policy on the grant of Taxi Licences were:-

(i) the decision to seek to maintain a balanced taxi fleet made up, as far as practicable, of 60% wheelchair accessible vehicles (WAVs) and 40% saloon cars (adopted 23/10/2012);

(ii) the re-imposition of the numerical limit based upon the significant unmet demand test contained in Section 10(3) of the Civic Government (Scotland) Act 1982. This creates a presumption against the Committee granting any more licences until the number of vehicles falls below the limit of 611, whereupon a fresh full survey will be carried out to determine if that figure of 611 can still be relied upon as meeting the demand for taxis in Dundee (adopted 27/06/2013).

The final stage of the policy process covers issues such as the allocation of licences to enable the balance in different types of vehicles to be maintained, that such allocation of licences be fair and take account of elements in the previous policy whereby some operators were required to place more expensive vehicles on service and, finally, the general quality and operation of taxis and private hire cars going forward. Consideration has also been given to the developments in the field of electric vehicles. A move towards an electric taxi and private hire car fleet would be in accord with proposals for electric public transport vehicles being promoted at both UK and Scottish Government level and the city already has significant charging infrastructure to enable it to benefit from such a move. There is also a substantial financial assistance potentially available to taxi and private hire operators who are prepared to place electric vehicles on service and this was discussed at the meeting. To that end, the following proposals were submitted to the Group for initial discussion. It was intended that a full report would thereafter be put before the Licensing Committee to enable it to decide which (if any) of these proposals to adopt for the purposes of consultation. There would then be a further more formal consultation with all interested parties before any final policy is implemented.

LIST OF PROPOSALS

- it is not intended to seek to require existing saloon car operators to place a WAV on service or vice versa;

- the presumption against new licences being issued is continued until a fresh full survey shows that there is unmet demand for such licences;

- should any such licences become available they would be allocated as follows:-

- if a saloon car licence is identified as being required to maintain the 60/40 balance, this be open to applications from existing WAV operators based upon the length of time they have held a taxi licence for a WAV (any WAV licence vacancies would then be filled by anyone on a first come, first served basis);

- if a WAV is required to maintain the balance, then this be open to application from anyone on a first come, first served basis,

PROVIDED HOWEVER THAT ANY SUCH NEW LICENCE (FOR EITHER SALOON CAR OR WAV) WILL BE GRANTED ONLY IF THE APPLICANT IS PREPARED TO PLACE AN ELECTRIC VEHICLE ON SERVICE.

- existing saloon car operators be allowed to apply for saloon car taxi licences in corporate names if they are prepared to place an electric vehicle on service and surrender their existing licence;

- from a future date to be agreed, any replacement vehicles on both saloon and WAV taxi licences and also private hire operators licences to be electric;

- any new private hire operators licences to be granted for electric vehicles only.

Following discussion of the content of the Agenda Note and the proposals listed, the Group agreed:-

(i) to note that the number of taxi licences in Dundee were currently above the 611 limit and that the fuller picture may be realised by the end of May, 2015 following the process of renewals;

(ii) that the 60/40 split ratio was the policy of the Council and that details on the formulation of this policy and the background to being established were readily available through accessing the reports on the website of Dundee City Council;

(iii) air quality continued to be a factor for resolution and that the cab industry, in recognition of this factor, were continuing to make rapid developments in the use of electronic technology within vehicles as a replacement for petrol and diesel driver vehicles and that the taxi industry was actively encouraged to embrace this new technology towards making a better and improved environment for the citizens of Dundee and Scotland as a whole and providing the city as a more attractive destination for visitors in light of the Waterfront Development including the V & A Museum;

(iv) to note the benefits of electric vehicles as explained by Fraser Crichton of the Transportation Department, both from an operational, mechanical and financial point of view;

(v) that such electric vehicles may serve to reduce running costs both from the cost of the charge versus cost of fuelling and mechanical repair costs;

(vi) to note that funding was available to cities to lower emissions;

(vii) the continuing expansion of infrastructure to maintain effective service and operation of electric vehicles within the city and outwith the city; and

(viii) the benefits of bulk purchase rather than individual purchase should taxi operators seek to group together to make a group purchase approach to a particular manufacturer, and the potential savings that they may make by developing such a business approach.

The Group further agreed to note that Stuart Galloway would welcome feedback and ideas from any members of the Taxi Liaison Group on the issues discussed and proposed.

(b) TAXI DRIVER TRAINING

Stuart Galloway reported on the progress of taxi driver training within Dundee. The Group agreed:-

(i) to note that the Dundee College course had commenced on Friday, 6th March, 2015;

(ii) that Unite the Union had so far put 80 drivers through the training course initiated by themselves and a further 26 would be going through in April, 2015;

(iii) the advice of Dave Young that various taxi offices had met together and may produce a training course suitable for all taxi drivers within Dundee and that those drivers who did not attend would be put out of service by taxi offices and that discussion was ongoing with the Scottish Qualifications Agency towards certification of the single course;

(iv) that all taxi drivers were required to have completed their training prior to renewal of their licence in 2017;

(v) that the World Host module came into being following the Unite the Union course being established;

(vi) that Unite may incorporate World Host into their course;

(vii) that the GMB course was based on NVQ City and Guilds; and

(viii) to note that the content of any courses require to be submitted to the Taxi Liaison Group for approval prior to their implementation.

(c) CCTV IN TAXIS AND PRIVATE HIRE CARS

Stuart Galloway reported on current issues in relation to CCTV and private hire cars and, in particular, the number of instances that had been reported to the Licensing Committee predominantly from Police Scotland in relation to matters of alleged conduct of taxi drivers which had resulted in action requiring to be taken by the Licensing Committee which may have otherwise been easily resolved if those particular licence holders had had CCTV within their taxi vehicles. As such, it was reported that the Licensing Committee were examining the possibility of CCTV in taxis becoming a mandatory policy requirement.

Graeme Stephen reported that he had CCTV installed in his vehicle for the past 6? years and he explained the benefits that he had personally experienced as a result and the crime prevention and personal safety that this had given him as a result. Mr Stephen reported that on the basis of what he would normally expect the cost to be from those people who would evade the taxi fare to that of the cost of the maintenance of the CCTV system was negligible and that the installation could also be claimed against their tax which would then give you 22% reduction on the cost of the system. On the whole, Mr Stephen highlighted that this was a small price to pay for safety and security. It was reported that CCTV systems were continuing to advance their technology and cheaper systems may become available. There was currently only one system which was approved by the Council for installation within the vehicle and that each and every time any taxi licence holder wished to have CCTV installed they would have to approach the Council for approval. No subsidies were currently available from the Council through Safer Cities, the funds of which were fully committed. It was noted, however, that the funds which were provided by Safer Cities were significantly lower than those costs for installation of CCTV within vehicles. There were options to pay for monthly hire of a CCTV system or to pay for the system on its own. Bulk buy might be of benefit in reducing costs. Forward facing cameras were also available which could result in 15% reduction on a taxi insurance policy. Bulk buying of systems might be of benefit in reducing costs. The monetary requirement for installation of CCTV might also attract other companies to provide equipment and be in competition with each other. Dunfermline had mandatory CCTV and it was recognised that the crime rate within taxi vehicles had dropped by 92%. Mr Stephen reported that his vehicle also had a screen display within his vehicle which allowed passengers to be aware of what was being recorded and he had noted that this had had a dramatic difference in the behaviour of people travelling in his vehicle who may have otherwise potentially been disruptive.

The Group noted the position as outlined and that a tender process within Dundee City Council would be initiated through the Procurement Section which may generate significant savings and that a report would be submitted to the Committee and a further report would be submitted to the Liaison Group. The specification of the requirements of the CCTV system to be operated were particularly important and that the requirement to install CCTV within vehicles would be initiated over a period of time which had been established in due course.

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

III DUNDEE HACKNEY ASSOCIATION

Items on agenda at request of Dundee Hackney Association:-

(a) ELECTRIC WAVS

The Group noted that this item had been covered.

(b) TAXI SURVEYS

Eric Thoresen suggested that Napier University be given the opportunity to carry out the taxi survey for Dundee.

The Group noted that Halcrow had been a successful tenderer previously for this survey for which Napier had also submitted their tender and that as this was a three yearly process that Napier University would get a further opportunity to bid for this at the next survey time.

(c) CAB UNIT COSTS AND DUTIES

Eric Thoresen reported that it was considered that traffic police had been witnessed to be out in force up until Christmas time and questioned how this affected the Cab Unit's operations.

The Group noted that this particular operation had been a national operation and had not affected the individual operation of the Cabs Unit over Christmas. There was, however, a reduction in staffing within the Cabs Enforcement Unit at that time due to the personal circumstances of a member of staff who is not currently at work due to ill health. The Group further noted that by 30th March, 2015, all paperwork currently provided and processed by the Cabs Enforcement Unit would now be progressed by Contract Services and that the safety checks over Christmas were a national initiative for people to take taxis.

IV DUNDEE PRIVATE HIRE (203020) LTD

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

(a) "At the last Liaison meeting, Mr Steven raised a very important question, "Whom do I (David Young) represent"? It may be long overdue, but who represents whom at these meetings, and when do they meet and discuss relevant topics with their members and or their drivers? As well as a list of our own drivers, I can help Graeme and Eric with theirs, not a very long couple of lists, but I do have their respective members in case they forget anyone!.

The Group noted the current membership of the Group and the rationale behind their representation.

(b) "Is there scope for an electric vehicle pick up point in or round the City Centre, perhaps the Seagate where the Nitrogen Dioxide emissions are three times higher than permissible levels. The existing taxi rank in the Seagate might be an option as it is only used by taxi drivers going to the 'bookies' and not the purpose it was designed for. The pick-up point can be well advertised and vehicles can be accessed via a call to our office or by, our soon to be launched, The Dundee Electric Vehicle App. There would be plenty signage and public information at the point, and going by the response so far to the electric vehicles it would be a great success.

The Group noted the position and the opportunity for investigation for other areas within the city of Dundee where charging facilities may be installed, including the Seagate area. Brian Woodcock advised that there may be a legal obstacle to having a private hire pick-up area since this may amount to an illegal rank.

V DUNDEE TAXI ASSOCIATION

Items on agenda at request of Dundee Taxi Association:-

(a) TAXI NUMBERS - SURVEY SPLIT

At the last Liaison meeting you asked for some ways of keeping taxi numbers with 60/40 split when survey numbers are reached would it be possible to put this proposal forward from the DTA.

When reaching the survey limit all taxi operators are given the opportunity of a company licence (Companies House). Although a few may not take this up but it would do a lot to keep the number and 60/40 split. A few licences could still come back in and a later survey could show more licences are required. If this was to be the case then we suggest any new licences should be wheelchair type and offered to private hire operators first. Any saloon licences required to keep the 60/40 split could come from w/c taxi licences. This could be seen as a progressive step up into the taxi trade just as I did some 30 years ago. Taxi driver, private hire operator, taxi operator.

The Group noted that proposals for company licences may be included in a future report to the Council.

(b) TAXI DRIVER AND PRIVATE HIRE DRIVERS - IDENTIFICATION

With CCTV footage now in room where the taxi knowledge test is done. We are fearful that more people will go for private hire badges and take a chance driving taxis. With no road tax disc required and disc holders plentiful, it could be helpful if two badges were issued with TAXI DRIVER and PRIVATE HIRE printed larger and more BOLD. One to be displayed by the in service driver in front windscreen. This would also help to prevent suspended drivers from operating as both badges would have to be handed in.

The Group noted that the provision of badges may become part of the service provided by Fraser Crichton of the City Development Department.

(c) COSTINGS

Without going to freedom of information as this costs the Council money, is it possible to have a breakdown since May, 2011, or as near to that as possible, of how much money has been taken in from taxi and private hire licences and badges and how much money has been distributed, eg total cost to run cab office, the cost of all taxi, private hire, licensing meetings, including Sub-Committee meetings, Council support services and any other costs involved to the taxi, private hire trade? This would assist me to answer questions often asked by DTA members.

The Group noted that Stuart Galloway would seek to provide costings as far back as he possibly could.

(d) TESTING OF VEHICLES - PERIOD OF TESTING

I ask again for the four monthly tests to be abolished as my members felt it would be unfair when Angus taxis start being tested in the same premises and the same testers testing them but the Dundee taxi gets four months and Angus taxi gets one year with both taxis the same age doing the same job and I am sure both taxis passed fit and safe to do the job. Could I also ask if we could have a small test fee reduction on six monthly tests when the meters don't have to be checked?

The Group noted that there were currently no proposals to alter the period of testings.

(e) SVQ COURSE

Would it be possible for the Council to put a notice in the public area of the taxi testing office advising of the SVQ course at Kingsway campus as there is one from Unite the Union there and would help make drivers aware of both courses.

The Group noted that arrangements would be made to advertise all current taxi driver training courses at the testing centre.

VI GMB

Items on agenda at request of GMB:-

(a) REGULAR MEETINGS

The Taxi Liaison Group appears to be called at the needs of the Council which can make planning for these meetings difficult. To ensure everyone has the chance to prepare and make suitable diary commitments can the date of the next meeting be agreed at the end of each meeting. We would expect a meeting at least quarterly (four a year) with the knowledge that if Council officials had something urgent that could not wait until the next meeting the current notice of two weeks would be suitable.

The Group noted that Stuart Galloway would examine the proposals and report back to a future meeting of the Group.

(b) ACCESSIBLE VEHICLE ONLY RANKS

To ensure compliance with the public sector equality duty and to assist towards the unfairness of the drivers of accessible vehicles, we believe that Dundee City Council should change the current taxi ranks at Ninewells Hospital and at Dundee Train Station to wheelchair accessible vehicles only with immediate effect.

The Group noted that this proposal was not practical to implement and would be discriminatory to other operators.

(c) WHITE PLATES

Reports of white plate drivers sitting beside ranks. When is it likely that a cap will be put on the number of white plates in operation in Dundee?

The Group noted that there were no restrictions on where a white plate vehicles may park other than normal traffic restrictions and that there were currently no legislative powers to cap the number of private hire licences granted but that the Act is likely to be revised at a later date and that the Council had indicated their support to this.

(d) SURVEY

What is the number of taxi operator licences sitting at currently? As it approaches the figure of 611 will the Council be conducting a full survey to look at the potential unmet demand within the city? If so can we ensure that the survey also looks at the number of white plate vehicles that have been granted and the effect they are having on demand.

The Group noted that this item had been covered and that the number of licences against type of vehicle or nature of licence may be examined.

VII UNITE THE UNION

Items on agenda at request of Unite the Union:-

(a) Breakdown of costs, why bring in other Council taxi testing when there isnt any profit to be made?

The Group noted that this item had been covered.

(b) Drop-off zones in the Nethergate area.

The Group noted that the Transportation Department were examining this issue.

(c) Extend the Caird Avenue rank due to no bus use at bus stops.

The Group noted that the Transportation Department were examining this issue and other school contract transport matters at this area.

(d) Company licence for all taxis.

The Group noted that this item had been covered.

(e) Access to A&E for taxis for bus lane and ambulance at Ninewells.

The Group noted that Stuart Galloway would look at this and check if it was a public road.

(f) Taxi Rank in St Andrews Street becoming dangerous with buses due to widened pavement at the bottom of King Street.

The Group noted that the Transportation Department would arrange to have the lane markings made more clearer.

(g) Move away from the three test a year and revert back to one test.

The Group noted that this item had been covered.

(h) Insurance hired cars must be re-tested before the vehicle is passed to the operator to ensure the vehicle is in a fit and proper condition as these vehicles are operating all‑round the UK and may have covered an excess of miles and the vehicle arrives without the plate being attached as the plates and meters being swapped from licence authority to licence authority, some vehicles are not road worthy according to person's who have had to use these vehicles.

The Group noted that this item would be looked at.

(i) Drivers with a private hire badge must only be operating private hires without a meter.

The Group noted that this item would be considered.

Stuart GALLOWAY, Chair.