Licensing Committee - 07/01/2016

At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th January, 2016.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 3rd December, 2015 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II TAXI DRIVER TRAINING

The Principal General Services Officer gave a verbal update on taxi driver training in Dundee.

Taxi Drivers were required to complete training by May, 2017. The completion of the SVQ was essential for those drivers who wished to renew their licences and the Council would not accept applications for renewal unless training had been completed.

It was reported that many drivers had still to undertake training.

The Committee agreed:-

(i) to note the position;

(ii) that the Principal General Services Officer be remitted to write to all licence holders to remind them that the completion of training by May, 2017 was mandatory should they wish to be considered for renewal of their licence;

(iii) to support the training of drivers and the taxi trade towards improving the experience of customers, as well as business for taxi operators, and also to attract more drivers with the right skills for the future;

(iv) to note that the training courses helped to develop skills of drivers and make the most of new opportunities offered by the regeneration of Dundee;

(v) to note that full details on the approved courses were available online at http://www.dundeecity.gov.uk/licensing/taxi licences or alternatively further information on the courses could be obtained from Dundee and Angus College (telephone 01382 834874) or Unite the Union (telephone 01382 227369);

(vi) to note that costs of attending the courses were recoverable by taxi drivers; and

(vii) that, there be no extension of the time by which the course must be completed nor any exemptions granted.

III 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.

PRIVATE HIRE DRIVER - NEW APPLICATION

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER'S LICENCE - NEW APPLICATION

(b) TAXI DRIVER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, having received confirmation that the applicant had submitted their medical certification to the satisfaction of the Licensing Department, the Committee noted that the application had been granted under delegated powers.

(c) LATE HOURS CATERING - RENEWAL APPLICATION

There was submitted the undernoted application.

Reference was made to Article IV(e) of the minute of meeting of this Committee held on 1st October, 2015, wherein the Committee granted the renewal of the Late Hours Catering Licence application submitted by Mr Mohammed Reza but to recall the application in six months time for an update from the Environmental Health Department.

The original letter of information from the Environmental Compliance Manager was submitted, together with a further letter from Environmental Health which was tabled. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Environmental Health Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(d) APPROVED LIST OF WHEELCHAIR ACCESSIBLE VEHICLES

There was submitted Agenda Note AN209-2015 reporting that the Ford Connect Journey, manufactured by Allied Vehicles Ltd, Glasgow had been assessed by staff in the Fleet Management Section and it was recommended that it be added to the list of approved accessible vehicles.

The Committee agreed that the vehicle be added to the list of approved accessible vehicles.

IV HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 4, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application Nos 5 and 6, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There was submitted the undernoted application for variation.

In the case of this application, there being no objections, and having heard the Private Sector Services Manager, the Committee agreed that the application for variation be granted.

(c) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article IV(f) of the minute of meeting of the Licensing Committee held on 3rd December, 2015, wherein the Committee agreed to defer consideration of the application to this meeting of the Committee to allow for the appointment of a managing agent.

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

In the case of this matter, having heard a representative of the Housing Department and receiving confirmation that EasyLets Ltd/Jack Reavley were to be appointed as managing agent, the Committee agreed that the application be granted.

In the case of Application No 2, reference was made to Article IV(c) of the minute of meeting of the Licensing Committee held on 3rd December, 2015, wherein the Committee agreed to defer consideration of the application to allow the applicant to attend.

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

In the case of this matter, having heard a representative of the Housing Department and an agent on behalf of the applicant, the Committee agreed that the application be granted.

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

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

Reference was made to Article V(ii) of the minute of meeting of this Committee held on 3rd September, 2015, wherein the Committee granted a further extension to the Houses in Multiple Occupation Licence application held by Mr D B but to recall the application to this meeting of the Committee 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. Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

VI HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

Reference was made to Article VI(b)(iii) of the minute of meeting of this Committee held on 5th November 2015, wherein the Committee agreed to grant the application by Ms D McK for a Houses in Multiple Occupation Licence, subject to the application being recalled to this meeting with an update from the Private Sector Services Manager on the sale of the property. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard a representative of the Housing Department, the Committee agreed to further defer consideration of the application to the meeting of this Committee to be held in February, 2016 for an update from the Housing Department.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SECOND HAND DEALERS LICENCE - NEW APPLICATION

There was submitted an application by Company B for a Second Hand Dealers Licence.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. There was submitted a letter of 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 and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred until the meeting of this Committee to be held on 4th February, 2016.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

(i) Reference was made to Article VI(c)(i) of the minute of meeting of this Committee held on 1st October, 2015, wherein the Committee agreed to grant an application by Mr L C for a Taxi Driver's Licence but to bring back the application to this meeting of the Committee for an update from Police Scotland on the operation of the licence.

The original letter of objection from the Chief Constable relevant to this application was submitted. Thereafter, having heard a representative of the Chief Constable, the Committee agreed that no further action be taken.

(ii) There was submitted an application by Mr P MacR 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. Part of the objection referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constable's representative as their age and nature, the Committee agreed that they be considered since justice could not otherwise be done. 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 for a period of six months once the medical certification and Unique Tax Reference Number (UTRN) had been submitted by the applicant to the satisfaction of the Licensing Department.

(iii) There was submitted an application by Mr M T 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 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 on 4th February, 2016, to await the outcome of court proceedings.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article VI(b)(i) of the minute of meeting of this Committee on 3rd December, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr H B during the currency of his Taxi Driver's Licence to allow for confirmation to be received that the fixed penalty had been paid.

There was submitted the original letter of information from the Environmental Compliance Manager. Thereafter, having heard the licence holder on their own behalf and having received confirmation from the Principal General Services Officer that Mr H B had now paid the outstanding smoking fixed penalty and Sheriff Officer costs incurred in pursuing payment, the Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct.

(ii) Reference was made to Article VI(b)(iii) of the minute of meeting of this Committee held on 3rd December, 2015, wherein the Committee agreed to further adjourn consideration of the hearing in relation to the alleged conduct of Mr B G during the currency of his Taxi Driver's Licence to allow for confirmation to be received that the licence holder had completed an approved taxi driver training course.

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

Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to further adjourn the hearing to this meeting of this Committee to be held on 4th February, 2016 to allow for the licence holder to submit certification from the training course provider on the position in relation to the completion of their training and any modules which remained to be completed.

(iii) Reference was made to Article VI(g)(i) of the minute of meeting of this Committee held on 21st July 2015, wherein it was agreed to recall the suspension of the Taxi Driver's Licence held by Mr R G with immediate effect and to adjourn the hearing to this meeting of the Committee for Mr R G to complete an approved taxi driver training course.

There was submitted the original letter of information from the Chief Constable relevant to the conduct of Mr R G 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 the Principal General Services Officer and consideration of the advice of the Legal Officer, the Committee agreed adjourn the hearing to the meeting of this Committee to be held on 4th February, 2016 to allow the licence holder to be present.

(iv) Reference was made to VII(d)(iii) of the minute of meeting of this 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 Driver's Licence to await the outcome of court proceedings and to continue the immediate suspension of the Taxi Driver's Licence held by Mr M I 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.

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to recall the suspension of the Taxi Driver's Licence held by Mr M I with immediate effect and that no further action be taken.

(v) Reference was made to Article VI(b)(v) of the minute of meeting of this Committee held on 3rd December, 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 were submitted the original letters of information from the Chief Constable relevant to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letters.

Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Principal General Services Officer and the Legal Officer, the Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct.

(vi) Reference was made to VIII(d)(iv) of the minute of meeting of this Committee held on 5th November, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C S during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and to continue the immediate suspension of the Taxi Driver's Licence held by Mr C S during the intervening period.

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

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the licence holder and consideration and advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Driver's Licence held by Mr C S with immediate effect and to adjourn the hearing to the meeting of this Committee to be held on 28th April, 2016 to await the outcome of court proceedings.

(vii) Reference was made to Article VIII(d)(v) of the minute of meeting of this Committee held on 3rd December, 2015, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr G S to be the holder of a Taxi Drivers Licence to await a report from OHSAS on his medical fitness and to recall the suspension of the Taxi Drivers Licence held by Mr G S with immediate effect.

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

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

The Committee gave consideration to the content of the letter.

Thereafter, having heard the Principal General Services Officer and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the fitness of Mr G S to be the holder of a Taxi Drivers Licence to the meeting of this Committee to be held on 4th February, 2016 to await the report from OHSAS on the medical fitness of the licence holder.

Stewart HUNTER, Convener.