Licensing Committee - 05/11/2015

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

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 1st October, 2015 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTE OF MEETING OF THE LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 24th September, 2015, 29th September, 2015 and 1st October, 2015 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II and III.

III MINUTE OF MEETING OF THE TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 9th June, 2015 was submitted and noted for information and record purposes, a copy of which is attached to this minute and Appendix IV.

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.

LATE HOURS CATERING - NEW APPLICATIONS

PRIVATE HIRE DRIVERS - NEW APPLICATION

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATION

(b) ANIMAL BOARDING - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee gave consideration to a letter of information which had been submitted by the Environmental Health Department. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to allow planning matters to be resolved.

(c) LATE HOURS CATERING - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the hours of operation applied for were outwith current policy in relation to late hours catering. Thereafter, having heard a representative on behalf of the applicant, a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(d) LATE HOURS CATERING - RENEWAL APPLICATION

There was submitted the undernoted application.

In the case of this application, reference was made to Article IV of the minute of meeting of this Committee held on 1st October, 2015, wherein it was agreed to defer consideration of the application to allow the applicant to attend. There were submitted letters of objection from members of the public relevant to this application. The Committee noted that both the applicant and the objectors were not present and agreed that the matter be considered in their absence. Thereafter, having considered the content of the letters of objection and having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(e) SECOND HAND DEALER - 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 notification from the Environmental Health Department advising that they had been unable to contact the applicant to progress procedural matters in the processing of their application. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be refused.

(f) STREET TRADER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee noted that the application had been withdrawn from consideration by the applicant.

(g) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having noted that the applicant had failed to pass the street test within the prescribed period, the Committee agreed that the application be refused.

(h) TAXI FARES 2016/2017

There was submitted Agenda Note AN196-2015 reporting that the annual exercise using the agreed formula comprising transport indices of the Retail Price Index was in the negative due in the main to reduced fuel costs.

This was discussed with the Taxi Trade at the Taxi Liaison Group and the recommendation was that there be no increase in fares for the period April, 2016 to March, 2017.

The Committee agreed that there be no increase in fares for the period April, 2016 to March, 2017.

V HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 2, 4 and 5, 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 No 3, the Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant, the applicant on their own behalf and an objector to the application and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held in December, 2015 to allow a site visit to be undertaken by members of the Licensing Committee at the location applied for.

In the case of Application Nos 6 to 13, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

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

Reference was made to Article IV(b) of the minute of meeting of the Licensing Committee held on 5th February, 2015, wherein the Committee agreed to grant the application by Mr Ratnam for a Houses in Multiple Occupation Licence and to recall the matter in six months' time for an update from the Private Sector Services Manager on the operation of the licence.

Thereafter, having heard a representative of the Housing Department, a representative on behalf of the Chief Constable, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be recalled in three months' time for a further update from the Housing Department on the operation of the licence.

(c) HOUSES IN MULTIPLE OCCUPATION VARIATIONS

There were submitted the undernoted applications.

In the case of Applications Nos 1 and 2, the Committee noted that the applicants were not present and agreed that the matters be considered in their absence. Thereafter, having heard a representative of the Housing Department, the Committee agreed that the variations be granted.

In the case of Application No 3, the Committee noted that the application referred to the change of day to day manager to Braehead Lettings. Thereafter, having heard a representative on behalf of the applicant, the Committee agreed that the application be granted.

In the case of Application No 4, there being no objections, the Committee agreed that the application be granted.

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

VI HOUSING (SCOTLAND) ACT 2006

(a) REQUEST FOR EXTENSION - DECEASED HMO LICENCE OPERATOR

Reference was made to Article IV(a) of the minute of meeting of this Committee held on 21st July, 2015, wherein it was agreed to grant an extension to allow the estate of the late Ms M R to be wound up. There was submitted the original letter requesting an extension of time to allow the estate to be wound up. The Committee noted that a further request had been received. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed to further extend the period of time to allow the estate to be wound up up until February, 2016 and to grant powers to the Convener to deal with any further extension request which may be received.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

(i) There was submitted an application by Ms D for a Houses in Multiple Occupation Licence. There was submitted a letter of objection from the Housing Department relevant to this application. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(ii) There was submitted an application by Ms D for a Houses in Multiple Occupation Licence. There was submitted a letter of objection from the Housing Department relevant to this application. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(iii) There was submitted an application by Ms D for a Houses in Multiple Occupation Licence. There was submitted a letter of objection from the Housing Department relevant to this application. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for six months and that an update be provided to the meeting of the Committee to be held in December, 2015.

(iv) There was submitted an application by Ms D for a Houses in Multiple Occupation Licence. There was submitted a letter of objection from the Housing Department relevant to this application. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for six months and that an update be provided to the meeting of the Committee to be held in December 2015.

(v) There was submitted an application by Ms D for a Houses in Multiple Occupation Licence. There was submitted a letter of objection from the Housing Department relevant to this application. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(vi) There was submitted an application by Ms D for a Houses in Multiple Occupation Licence. There was submitted a letter of objection from the Housing Department relevant to this application. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

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

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 R be registered as a landlord and that the matter be recalled to this meeting of the Committee for an update on the operation of the licence.

Thereafter, having heard a representative of the Housing Department, 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.

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI OPERATORS LICENCE REQUEST FOR VARIATION

There was submitted an application by Mr S T for a variation to his Taxi Operator's Licence. The Committee gave consideration to the content of the letter. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATION

There was submitted an application by Mr D J for a Taxi Driver's Licence.

There was submitted a letter of objection relevant to this application, part of the objection referred to convictions which were spent in terms of The Rehabilitation of Offenders Act. Thereafter, having heard the representative of the Chief Constable as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done. Thereafter, having heard the representative of the Chief Constable, a representative on behalf of the applicant, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months and that an update be submitted to a meeting of the Committee on the operation of the licence.

(c) PRIVATE HIRE DRIVER SUSPENSION HEARING

Reference was made to Article VII(c) of the minute of meeting of this Committee held on 3rd September, 2015, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr D N with immediate effect and to hold a fresh hearing at this meeting of the Committee.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr D N 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 Clerk, the Committee agreed to continue the suspension of the Taxi 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 in February, 2016 to allow a further matter to also be considered at that time.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 3rd September 2015, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr H B 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 H B during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Environmental Compliance Manager and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held in December, 2015.

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 3rd September, 2015, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr M F 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 M F during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Environmental Compliance Manager and consideration of the advice of the Legal Officer the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held in December, 2015.

(iii) Reference was made to Article VIII(d) of the minute of meeting of the Licensing Committee held on 3rd September, 2015, wherein it was agreed to adjourn the suspension hearing in relation to the alleged conduct of Mr R I during the currency of his Taxi Driver's Licence to this Committee to await the outcome of court proceedings.

Reference was also made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 3rd September, 2015, wherein it was agreed to hold a suspension hearing relevant to a further letter of complaint on the alleged conduct of Mr R I during the currency of his Taxi Driver's Licence.

The Committee agreed to hold a joint suspension hearing in relation to both complaints at the January, 2016 meeting of the Licensing Sub-Committee.

(iv) Reference was made to Article VII(d) of the minute of meeting of this Committee held on 3rd September, 2015, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr C S with immediate effect and to hold a fresh hearing at this meeting of the Committee.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr C 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 Clerk, 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 January, 2016.

(v) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 24th September, 2015, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr G 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 G S 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, the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held in December, 2015 to await the report from OHSAS and that the suspension of the Taxi Driver's Licence be recalled with immediate effect.

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

(i) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 24th September, 2015, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr S S with immediate effect and to hold a hearing in relation to the suitability of Mr S 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 S 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 an agent on behalf of the licence holder, the licence holder on his own behalf and consideration of advice of the Legal Officer and a letter in support of which had been submitted on behalf of the licence holder, the Committee agreed that no further action be taken and that the licence holder be issued with a final written warning as to their future conduct and that the suspension of the Taxi Driver's Licence be recalled with immediate effect and that an update be provided in six months' time.

(ii) Reference was made to Article VII(g) of the minute of meeting of the Licensing Committee held on 3rd September, 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 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 M I 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 and that the licence holder be issued with a final verbal warning as to their future conduct.

(f) TAXI DRIVERS LICENCE REQUEST FOR UPDATE

Reference was made to Article VI(g) of the minute of meeting of this Committee held on 6th November, 2014, wherein it was agreed to grant the application by Mr F K for renewal of his Taxi Driver's Licence and issue Mr F K with a written warning as to his future conduct, and that the applicant also undertake an approved taxi driver training course within a period of one year.

Thereafter, having heard the licence holder on their own behalf, the Committee agreed that a further update on the operation of the licence be submitted in six months time and that, during that period, the licence holder undertake to submit proof of completion of an approved taxi driver training course.

(g) TAXI LICENCE REQUEST FOR VARIATION

There was submitted an application for variation of a Taxi Licence held by Mr N H requesting removal of Condition 32 to allow a saloon car to be placed on service instead of a wheelchair accessible vehicle. There was submitted copy letters from appropriate medical professionals relevant to this application. The Committee gave consideration to the content of the letters. Thereafter, having heard an agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, Councillor Hunter, seconded by Councillor Lynn, moved that consideration of the application not be deferred to a future meeting of the Committee for consideration.

As an amendment, Councillor Brennan, seconded by Depute Lord Provost Roberts, moved that consideration of the application be deferred to a future meeting of the Committee.

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

Thereafter, Councillor Hunter, seconded by Councillor Bowes, moved that the application be granted, subject to the applicant being the only driver for the licence.

As an amendment, Councillor Brennan, seconded by Depute Lord Provost Roberts, moved that the application be refused.

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

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 24th September, 2015.

APPENDIX l

Present:-

Councillor David BOWES

Councillor Kevin CORDELL

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 item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

I DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S 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, 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 29th September, 2015.

APPENDIX lI

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 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 G S during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Driver's Licence held by Mr G S be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr G S to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 1st October, 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 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 - SUSPENSION HEARINGS

(i) Reference was made to Article II(b)(i) of the minute of meeting of this Sub-Committee held on 4th June, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D D 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 D D during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter.

Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the Hearing be adjourned to the meeting of the Licensing Sub-Committee to be held in January 2016 to await the outcome of court proceedings.

(ii) Reference was made to II(c)(iv) of the minute of meeting of the Licensing Sub‑Committee held on 4th June, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr U K during the currency of this 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 conduct of Mr U K 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 the licence holder on their own behalf, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a written warning and that they complete an approved Taxi Driver training course to the satisfaction of the Licensing Department within the next six months.

(iii) Reference was made to Article II(c)(vi) 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 L during the currency of his Taxi Driver's Licence to this meeting of the Sub-Committee 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 the representative of the Chief Constable, and an agent on behalf of the licence holder, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a written warning and that they complete an approved Taxi Driver training course to the satisfaction of the Licensing Department within the next six months.

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

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr R P during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed that a hearing be held at the meeting of this Sub-Committee to be held in January 2016 in relation to the fitness of Mr R P to be the holder of a Taxi Driver's Licence.

(c) SECOND HAND DEALERS LICENCE REQUEST FOR SUSPENSION HEARING

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C S during the currency of his Second Hand Dealers 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 C S to be the holder of a Second Hand Dealers Licence.

The Convener agreed that the undernoted items of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

(d) TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr K 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, the Sub-Committee agreed that a suspension hearing be held in due course in relation to the fitness of Mr R C to be the holder of a Taxi Driver's Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J H during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed that no further action be taken and that in the event that the licence holder wished to resume operating as a Taxi Driver that the matter be referred to a meeting of the Licensing Committee for determination.

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J T during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed that a suspension hearing be held in due course in relation to the fitness of Mr J T to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 9th June, 2015.

APPENDIX IV

Present:-

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

Stuart GALLOWAY, Principal General Services Officer, Support Services Department

Brian WOODCOCK, Senior Solicitor, Licensing, Support Services Department

Fraser CRICHTON, City Development Department

TAXI TRADE REPRESENTATIVES

Steve CASHLEY, Dundee 505050

David YOUNG, Dundee Private Hire (203020) Ltd

Graeme STEPHEN, Dundee Taxi Association

George HARRIS, Tay Taxis

Willie LEES, GMB

Chris ELDER, Unite the Union

POLICE SCOTLAND REPRESENTATIVE

Cammy FORBES (Constable)

ALSO IN ATTENDANCE

Geraldine BARFOUR, SQA

Councillor Jimmy BLACK

Councillor Tom FERGUSON

Stuart GALLOWAY, in the Chair.

l MINUTE OF PREVIOUS MEETING

The minute of meeting of the Taxi Liaison Group held on 11th March, 2015 was submitted and noted for information and record purposes.

II MATTERS ARISING

CCTV in taxis - Chris Elder reported that he would wish to take further discussion with his members on this particular matter and that he would make his position known and of his members at the meeting to be held on 2nd October, 2015.

III DUNDEE CITY COUNCIL

Items on agenda at request of Dundee City Council:-

(a) TRAINING UPDATE - (SQA)

Geraldine Balfour of SQA explained the evaluation of courses undertaken by the SQA and provided within Dundee for the training of taxi drivers.

The Group noted that the SQA were satisfied with the competency of the courses being provided within Dundee at Dundee College and also noted the action which may be taken by office within Dundee to encourage the participation of drivers in training courses.

(b) UPDATE FROM LAST MEETING

(i) Breakdown of income/expenditure.

The Group noted the content of the tabular information tabled by Stuart Galloway providing a breakdown of income and expenditure.

(ii) Testing of Angus Taxis

The Group noted that the testing of Angus Taxis was progressing and was not revealing any issues and that the fail rate of the condition of the vehicle was minimal in comparison to that of those vehicles presented for testing by Dundee licence holders and that, as such, the condition of vehicles may be reported to the Committee for their consideration.

(iii) Agenda and minutes of the Group

The Group noted that dates of meetings would be agreed in advance to allow more time for Trade representatives to discuss submissions with their members.

(iv) Drop-off zones in the Nethergate area - progress

The Group noted the position in relation to dropping-off passengers and, in particular, issues in relation to the Nethergate area in relation to drop-offs and also traffic light sequencing delays which had been incurred in the early morning which would be investigated as this had incurred additional costs to passengers.

(v) Extension to the Caird Avenue taxi rank

The Group noted that the bus stop had been deemed surplus and may now be allocated for rank space and that wardens would be advised accordingly and that the clearway sign would be removed.

(vi) Access to accident and emergency unit at Ninewells through bus lane

The Group noted that access was only suitable for buses and that the restriction on this would not be removed.

(vii) Changing of lane markings at St Andrew's Street

The Group noted that lane markings would be remarked during 2015.

(viii) Insurance replacement taxi concerns by the Trade

The Group noted that this matter would be examined by Stuart Galloway and would try to identify any options available to the Council in this particular regard.

(ix) SVQ Course guidelines

The Group noted that this matter was covered earlier in the agenda.

(c) NUMBER OF CURRENT TAXI LICENCES

The Group noted that the number of licences currently in operation in Dundee was at 607 and that Halcrow Fox would likely be engaged to undertake a full survey on demand.

(d) ONLINE RENEWAL PROCESS

The Group noted that 170 applications had been submitted using the online renewal process.

(e) BREACH OF NINEWELLS HOSPITAL SMOKING POLICY

A representative from the NHS was unable to attend to speak to this item, so this would be discussed at a future meeting of the Group.

IV POLICE SCOTLAND (TAYSIDE DIVISION)

Items on agenda at request of Police Scotland (Tayside Division):-

(a) The practice of drivers leaving keys in the visor for the next shift

The Group noted there had been a number of reported break-ins and thefts in relation to taxis as many drivers had been leaving their keys in their visor for the replacement driver and that this was evidenced as being noticed by criminals. The Trade were encouraged to advise their members to discontinue this practice in the interest of crime prevention.

(b) Complaint 723 - Problems at Dundee Airport

The Group noted that following on from the extreme bad weather in March, 2015 which saw air traffic being diverted from Aberdeen Airport to Dundee Airport that a number of complaints had been received in relation to the alleged conduct of drivers towards travelling public obtaining taxis at the airport who were seeking to travel locally within Dundee and not to go to Aberdeen.

V DUNDEE HACKNEY ASSOCIATION

Items on agenda at request of Dundee Hackney Association:-

(a) We understand that there will be incentives for WAV operators who put on electric hybrid or other similar type vehicles. Can we have an update please?

The Group noted that this matter had been covered elsewhere on the agenda.

(b) WAV operators feel that they have been left out of any meetings or consultations regarding the 60/40 split policy the Council are proposing and would require to have talks with Council leaders.

The Group noted that this matter would be explained again during the future development of policy.

VI DUNDEE TAXI ASSOCIATION

Items on agenda at request of Dundee Taxi Association:-

(a) Left hand drive London taxis

The Group agreed that left hand drive London taxis operation within Dundee not be supported for safety reasons in relation to passenger safety, loading luggage from the roadside and also safety of wheelchair passengers entering and exiting vehicles.

(b) Hilltown Taxi rank cars/vans parking. Sign at Whitehall Crescent rank

The Group noted that Neil Gellatly would examine this particular matter and arrange for appropriate information to be displayed and that he would consult with the Planning Department on this.

(c) Can we have update on test fees for 2nd and 3rd tests?

The Group noted that Stuart Galloway would look at this matter and provide a report to the next meeting of the Group.

(d) Company licence for all but with a few conditions attached.

The Group noted that this proposal would be examined by Stuart Galloway in relation to criteria for corporate plates as part of the development of policy.

(e) Whats happening about Taxi Marshalls?

The Group noted that this item would be continued to the next meeting of the Group.

(f) Update on position of Cab Officers?

The Group noted that there was funding up until March, 2016 and that legislation was placing a duty on the Council to provide Civic Licensing Standard Officers who may then undertake duties provided by the cab officers. Further information would be provided by Stuart Galloway in due course.

(g) One Cab Officer is retiring will he be replaced and if not do Council plan to take over the job or part of it?

The Group noted that this matter was covered earlier in the agenda.

(h) Update on SVQ.

The Group noted that this matter was covered earlier in the agenda.

(i) Electric car charging points.

The Group noted the update by Fraser Crichton on potential Government Grant Aid which may be available for the promotion of the use of electric cars and the installation of additional infrastructure.

(j) When will we get breakdown on costs?

The Group noted that this matter was covered earlier in the agenda.

VII UNITE THE UNION

Items on agenda at request of Unite the Union:-

(a) UNITE the Union taxi members were asking the Licensing Committee for a corporate/company operators licence, ie a variation to their current taxi licence without having to put on an electric vehicle.

The Group noted that this proposal would be examined as part of the future development of taxi licence policy.

(b) It is regarding the way school contracts are issued to drivers without escorts in some of the school contracts and this is leaving drivers and children at risk.

The Group noted that Neil Gellatly would discuss this matter further with the Education Department and the Risk Assessment Team.

(c) At a the taxi national Unite meeting in Birmingham there was an advertising company looking to advertise on the tx range of taxis working in partnership with unite taxi branches throughout the country they are using this advertising method which is a screen fitted to the roof of the tx taxi would it be possible for me to arrange for the companys reps to do a presentation i.e. bring the taxi up to Dundee to let yourself and the Committee see exactly what it is as this would benefit the taxi driver financially and help with paying for his taxi.

The Group noted that a demonstration would hopefully be provided at a future meeting.

VIII GMB

(a) Electric cars start now on saloons new cars at next meeting of Council

The Group noted that this proposal would be examined as part of the future development of Taxi Licence policy.

(b) Medical for drivers. At certain age a medical should be introduced

The Group noted that this matter would be given consideration by Stuart Galloway.

Stuart GALLOWAY, Chair.