Licensing Committee - 04/02/2016

At a MEETING of the LICENSING COMMITTEE held at Dundee on 4th February, 2016.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 7th January, 2016 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Hunter declared a non-financial interest in the item of business at Article V of this minute by virtue of his Council appointment to Leisure and Culture Dundee and left the Chamber prior to its consideration, whereupon the Chair was taken by Councillor Bowes, Depute Convener. Councillor Hunter re-entered the Chamber prior to consideration of the item of business at Article VI of this minute, whereupon he resumed the Chair.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 29th December, 2015 and 7th January, 2016 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

III MINUTE OF MEETING OF TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 2nd October, 2015 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix III.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

LATE HOURS CATERING - NEW APPLICATIONS

PRIVATE HIRE DRIVER - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATION

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) LATE HOURS CATERING - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that an application had been submitted to allow for opening until 2.00 am on Fridays and Saturdays and that this was outwith the hours of operation within the current policy on late hours catering.

There was tabled a letter of support from Broughty Ferry Community Council relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted with the hours of operation until 1.00 am within the policy on late hours catering and that the matter be recalled to the meeting of the Licensing Committee to be held on 31st March, 2016 at which time a report on the outcome of a review of the policy on late hours catering within the Broughty Ferry area was requested for submission.

(c) PRIVATE HIRE OPERATOR'S LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

The Committee noted that application had been made to amend the Private Hire Operator's Licence to limit the number of passengers travelling in the rear of the vehicle to which the licence referred to two people.

The Committee gave consideration to the application. Thereafter, having heard the licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(d) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, there was submitted a copy of the event plan and two letters of complaint which had been received from members of the public for this event in 2015. The Committee gave consideration to the content of the information submitted. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, and having noted that there were no objections to the application, the Committee agreed that the application be granted.

(e) SECOND HAND DEALER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant had now produced their Certificate of Compliance and had provided the name of the premises and that the application had been granted under delegated powers.

(f) TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1 and 2, the Committee noted that these applications had been withdrawn from consideration by the applicant.

(g) TAXI OPERATOR REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that application had been made to vary the Taxi Operator's Licence to allow for tinted windows in his vehicle. The Committee noted that the applicant was not present and agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 3rd March, 2016 to allow the licence holder to be present.

V ZOO LICENSING ACT 1981

(a) ZOO LICENCE - RENEWAL

There was submitted the undernoted application.

In the case of this application, there was submitted the Inspection Report and Improvement Plan. The Committee gave consideration to the content of the documentation. Thereafter, having heard the Legal Officer, the Committee agreed that the application be granted.

VI 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, 3, 4, 6 and 7, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application No 5, the Committee gave consideration to letters of objection which had been submitted by members of the public relevant to this application. Thereafter, having heard a representative of the Housing Department, objectors to the application, the applicant on their own behalf, a representative on behalf of the applicant, a representative of the Environmental Health Department, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to contact details being provided to neighbouring properties and that the application be recalled to the meeting of this Committee to be held in February, 2017 to allow for an update from the Housing Department on the operation of the licence to be submitted to the Committee.

In the case of Application Nos 8 to 11, 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

There was submitted the undernoted application.

Reference was made to Article V(b) of the minute of meeting of this Committee held on 5th November, 2015, wherein the Committee agreed to further recall the application to this meeting of the Committee for an update from the Housing Department on the operation of the licence.

In the case of this matter, having heard a representative of the Housing Department, a representative on behalf of the applicant and a representative of the Environmental Health Department, the Committee agreed that no further action be taken.

(c) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted applications for variation.

In the case of Application No 1, there being no objections, the Committee agreed that the application for variation be granted.

In the case of Application No 2, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted and to recall the matter in a year for an update from the Housing Department on the operation of the licence.

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.

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

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

VIII REGISTRATION OF CERTAIN LANDLORDS - SUSPENSION HEARINGS

Reference was made to Article V of the minute of meeting of this Committee held on 5th February, 2016, wherein it was agreed that Mr N be issued with a final written warning as to their future conduct as a registered landlord and that they attend housing meetings over a year as directed and that their attendance at these meetings be certified.

The original letter of information from the Private Sector Services Manager was submitted, together with a letter evidencing the attendance of the licence holder at meetings as requested.

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

IX HOUSES IN MULTIPLE OCCUPATION

(a) NEW APPLICATION UPDATE

Reference was made to Article VI(a) of the minute of meeting of this Committee held on 7th January, 2016, wherein the Committee agreed to defer the update from the Housing Department on the operation of the Houses in Multiple Occupation Licence held by Mr D McK to this meeting of the Committee.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the representative of the Housing Department, the Committee agreed that no further action be taken.

(b) REQUEST FOR EXTENSION - DECEASED HMO LICENCE OPERATOR

Reference was made to Article VI(a) of the minute of meeting of this Committee held on 5th November, 2015, wherein the Committee agreed to the request from the Executor of the late Mrs M R who had been a holder of a Houses in Multiple Occupation Licence for an extension of time to wind-up her estate until February, 2016.

The Committee noted that no further request for extension had been received. Thereafter, having heard the representative of the Housing Department and consideration of the advice of the Legal Officer, the Committee agreed to note that the licence would expire and would no longer be in operation.

X CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SECOND HAND DEALERS LICENCE - NEW APPLICATION

Reference was made to Article VII(a) of the minute of meeting of the Licensing Committee held on 7th January, 2016, wherein it was agreed to defer consideration of the application by Company B for a Second Hand Dealer's Licence to allow the applicant to attend.

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

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 letter. Thereafter, having heard the Legal Officer, the Committee agreed that the application be refused.

(b) TAXI DRIVER'S LICENCE - NEW APPLICATION

Reference was made to Article VII(b)(iii) of the minute of meeting of this Committee held on 7th January, 2016, wherein consideration of the application by Mr M T for a Taxi Drivers Licence was deferred to await the outcome of court proceedings.

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

There was submitted the original letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf, and receiving confirmation that the Procurator Fiscal would not be proceeding with one of the matters and consideration of the advice of the Legal Officer, the Committee agreed that the application be further deferred until the meeting of this Committee to be held on 31st March, 2016 to await the outcome of court proceedings in relation to the outstanding matter as narrated in the letter from Police Scotland.

(c) PRIVATE HIRE DRIVER - SUSPENSION HEARING

Reference was made to Article VIII(c) 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 D N during the currency of his Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr D N with immediate effect.

There was submitted the original letters of information from the Chief Constable relevant to the alleged 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 letters. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to call a fresh hearing at the meeting of this Committee to be held on 28th April, 2016 to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr D N with immediate effect.

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

(i) Reference was made to Article VII(c)(ii) of the minute of meeting of this Committee held on 7th January, 2016, wherein the Committee agreed to 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 the licence holder to attend to confirm their attendance and completion of an approved Taxi Driver Training Course.

There was submitted the original letter of information from Police Scotland in relation to the alleged conduct of Mr B G 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. Thereafter, having heard the Legal Officer, the Committee agreed that no further action be taken.

(ii) Reference was made to Article VII(c)(viii) of the minute of meeting of this Committee held on 7th January, 2016, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr R G during the currency of his Taxi Driver's Licence to allow the licence holder to submit documentation confirming his attendance at 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 R G 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 submitted by the Chief Constable. Thereafter, having heard the Legal Officer, the Committee agreed to suspend the Taxi Driver's Licence held by Mr R G for the unexpired portion of the licence.

(iii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 29th December, 2015, wherein the Taxi Driver's Licence held by Mr O L was suspended with immediate effect and that it was agreed that a hearing be held in due course in relation to the fitness of Mr O L to be the holder of a Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr O L during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder on their own behalf 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 on 2nd June, 2016 to await the outcome of court proceedings and to recall the suspension of the Taxi Driver's Licence held by Mr O L with immediate effect.

(iv) Reference was made to Article VII(c)(vii) of the minute of meeting of the Licensing Committee held on 7th January, 2016, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr G S to be the holder of a Taxi Driver's Licence to await the report from OHSAS on the medical fitness of Mr G S to be the holder of a Taxi Driver's Licence.

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.

Thereafter, having heard the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 3rd March, 2016 to await a report from OHSAS on the medical 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 29th December, 2015.

APPENDIX I

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.

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 O 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 consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Driver's Licence held by Mr O L be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr O L 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 7th January, 2016.

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) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article III(d)(i) of the minute of meeting of the Licensing Sub‑Committee held on 1st October, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr K C during the currency of his Taxi Driver's Licence.

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

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

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 Clerk, the Sub-Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 31st March, 2016 to allow the licence holder to be present.

(ii) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Committee held on 1st October, 2015, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr D D during the currency of his Taxi Driver's Licence to this meeting of the Licensing 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 D D 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 the licence holder be issued with a verbal warning as to their future conduct and to adjourn the hearing to the meeting of this Sub-Committee to be held on 31st March, 2016 for an update from the Chief Constable and to await the outcome of court proceedings.

(iii) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee held on 5th November, 2015, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr J D 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 J D during the currency of his Taxi Drivers Licence.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 31st March, 2016 to await the outcome of court proceedings.

(iv) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Committee held on 5th November, 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 this meeting of the Licensing Sub-Committee to allow the licence holder to be in attendance.

There was submitted the original letter of information in relation to the alleged conduct of Mr R I 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 that the Taxi Driver's Licence held by Mr R I be suspended with immediate effect for the unexpired portion of the licence.

(v) Reference was made to Article VI(f)(iv) of the minute of meeting of the Licensing Committee held on 1st October, 2015, wherein it was 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 this meeting of the Licensing Sub-Committee 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 M J 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, 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.

(vi) Reference was made to Article VI(c)(iv) of the minute of meeting of the Licensing Committee held on 1st October, 2015, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr J G during the currency of his Taxi Driver's Licence to this meeting of the Licensing Sub-Committee 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 J G 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, 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 verbal warning as to their future conduct.

(vii) Reference was made to II(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 1st October, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R P during the currency of his Taxi Drivers Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R P during the currency of his Taxi Drivers Licence. The Sub‑Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct.

(viii) Reference was made to II(b)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 1st October, 2015, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J T during the currency of his Taxi Drivers Licence.

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

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

Thereafter, having heard a representative of the Chief Constable and consideration of advice of the Legal Officer, the Sub-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.

(b) TAXI OPERATOR'S LICENCE AND 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 S E 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 S E 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 N 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 N S to be the holder of a Taxi Driver's Licence and Taxi Operators Licence.

(c) TAXI DRIVERS LICENCE - REQUEST FOR SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr R B 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 R B to be the holder of a Taxi Driver's 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.

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr D S to be the holder of a Taxi Driver's Licence.

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G C 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 G C 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 2nd October, 2015.

APPENDIX III

Present:-

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

Stuart GALLOWAY, Principal General Services Officer, Corporate Services Department

Brian WOODCOCK, Senior Solicitor, Licensing, Corporate Services Department

Fraser CRICHTON, City Development Department

Debbie CURRAN, City Development Department

CRAIG SOMERS, Environmental Department

TAXI TRADE REPRESENTATIVES

Erik THORESEN, Dundee Hackney Association

David YOUNG, Dundee Private Hire (203020) Ltd

George HARRIS, 450450

Graeme STEPHEN, Dundee Taxi Association

Willie LEES, GMB

Chris ELDER, Unite the Union

POLICE SCOTLAND REPRESENTATIVES

Cammy FORBES (Constable)

Sean SCANLON (Constable)

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 MINUTE OF PREVIOUS MEETING

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) ENFORCEMENT - VERBAL UPDATE OF PROPOSED CHANGES FROM 1ST APRIL, 2016

Stuart Galloway reported on the above.

The Group agreed to note:-

(i) that the Air Weapons and Licensing (Scotland) Act imposed duties on the Council and that the Council would employ two civic Licensing Standards Officers who would carry out tasks including taxi enforcement and that Craig Somers, Environmental Compliance Manager would be their manager;

(ii) that these officers would administer the taxi test currently operated by Police Scotland;

(iii) that applications would continue to be notified to Police Scotland for criminal record checks;

(iv) that the approach to be taken would be consistent with the current enforcement undertaken by the Council;

(v) that the intention of the Environmental Health Department would be to keep operators advised of any issues of concern which were observed by the civic Licensing Standards Officers as it was considered that this partnership approach with operators would be conducive towards maintaining the best possible service in the interest of the Taxi Trade in Dundee; and

(vi) that this method of working be supported by all members of the Trade present at the meeting.

(b) TAXI MARSHALS - VERBAL UPDATE

Stuart Galloway reported on the above.

The Group agreed to note:-

(i) that the security company who operated at the G Casino would be approached by the Council with a view to providing a further two security personnel at that location between the hours of 11.00 pm and 4.00 am at the weekends to assist with the safe operation of taxis at that location and fulfil what was previously envisaged by the agreed role of Taxi Marshals; and

(ii) to note that from April, 2016, Night Time Noise Team and Licensing Standards Officers would be empowered to undertake enforcement duties previously undertaken by the Cabs Enforcement Unit of Police Scotland (Tayside Division).

(c) DEMAND SURVEY - VERBAL UPDATE

Stuart Galloway reported on the above.

The Group noted that the company appointed to carry out the survey were commencing work over the following two weeks and that a report would be submitted to a future meeting of the Licensing Committee on the outcome.

(d) CCTV - VERBAL UPDATE

Stuart Galloway reported on the above.

The Group noted:-

(i) that following the meeting of the Tayside Procurement Consortium that a basic specification for CCTV systems had been developed and that Karen Lawson would take it out to the market for interests from any potential providers and to allow for any demonstrations on any particular system to a meeting of the Taxi Liaison Group;

(ii) that Police Scotland were apparently carrying out a crime prevention project in the Fife area which included provision of CCTV cameras in vehicles operated by taxis at a cost of 49 per system and that the Tayside Division of Police Scotland would make enquiries with Fife Police on the outcome of this project should any lessons be of benefit to the provision of a similar system within Dundee; and

(iii) that currently, the only approved CCTV system which operators may install in their cars was provided by a company called SIGNAS and any other cameras which may be installed had not been approved by Police Scotland or Dundee City Council and as such were in breach of conditions of licence.

(e) DRIVER TRAINING - PROGRESS REPORTS FROM TAXI OFFICES

Stuart Galloway and Dave Young of 203020 reported on the above.

The Group noted:-

(i) that application had been submitted to the Scottish Qualification Authority for a new course operated by the taxi offices to be provided for taxi training; and

(ii) the concern in relation to the number of taxi drivers who to date have not been signing up to courses required for taxi drivers training.

(f) NETHERGATE RANK - DRIVERS STANDING IN ROADWAY FORCING MOTORISTS TO SWERVE AROUND THEM

Stuart Galloway reported on the above.

The Group noted that there were ongoing concerns in relation to the conduct of certain taxi drivers at the Nethergate rank who had been observed standing in the roadway forcing other motorists to swerve around them and that this was an ongoing issue at the rank and that members of the Liaison Group were encouraged to liaise with their members and taxi drivers towards ending this practice.

III POLICE SCOTLAND (TAYSIDE DIVISION)

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

(a) CRIME PREVENTION

Constable Cammy Forbes reported on the above.

The Group noted that:-

(i) through the course of their work that taxi drivers had a major role to play in crime prevention through the safe passage of passengers and an interaction with vulnerable people who come into their contact and the occurrence of domestic incidents which may take place within their vehicle and also information which they may become aware of which would assist in the prevention of crime and measures which may take place towards preventing taxi drivers from becoming victims of crime themselves;

(ii) that Police Scotland may be in a position to provide the Trade with information on potential recognised hotspots within Dundee which had been known for taxi fraud with a view to keeping taxi drivers safe and also potential areas where their vehicles may become subject to vandalism; and

(iii) that CCTV in taxis would be of great assistance in this respect.

IV DUNDEE TAXI ASSOCIATION

Items on agenda at request of Dundee Taxi Association:-

(a) Would it be possible to give all taxi operators a company licence in existing licence name but with conditions. Such as if the first name (existing name) changed then at next test an electric vehicle would be required?

Graeme Stephen reported on the above.

The Group noted the wish of Mr Stephen that this particular item of business be deferred to a future meeting of the Group.

(b) any progress in reducing test fee for vehicles being subject to more than one test.

Graeme Stephen reported on the above.

The Group noted:-

(i) that it was perceived that test frequencies and the fee should remain as they were at present as a deterrent;

(ii) that currently any vehicle over eight years had to come in every four months for a test;

(iii) that a future report would be submitted on the frequency of meter testing to the Group;

(iv) that monitoring would be carried out of testing of Angus vehicles over a full calendar year before any evaluation was made;

(v) the recognition that was given to Dundee City Council from towns and cities within England on having a Taxi Liaison Group as a means of meeting the Trade and they saw this as a positive measure and had indicated that they would wish to implement something similar in their area and that they may wish to observe a meeting of the Taxi Liaison Group in Dundee at a future occasion.

(c) Is it possible for anyone with suspension then found not guilty by the court to be given licence back immediately even if only temporarily till a hearing is convened or by three person committee?

Graeme Stephen reported on the above.

The Group noted:-

(i) the wish for the recall of a taxi driver's licence to be operated on the same lines as the immediate suspension of a taxi drivers licence and that this be part of the terms of reference for the Licensing Sub-Committee;

(ii) the current processes for the Sub-Committee would be looked at and a further discussion would take place towards establishing whether or not this would be suitable for adoption as a remit for the Licensing Sub-Committee;

(iii) that it was the responsibility for any particular taxi operator to ensure that any particular driver of their vehicle was a licensed taxi driver;

(iv) that the Council would examine the possibility of providing some kind of notification which may be placed within the vehicle about who the particular driver on duty was in the interests of public confidence and security and that this would be undertaken by Fraser Crichton as his section would be taking over the responsibility of issuing badges to licence holders; and

(v) that this initiative could be also easily enforced by members of the trade as they would be able to observe any particular drivers whose badge was not on display and, as a result, prevent improper operation of vehicles as taxis in the interest of public confidence and safety.

(d) Assuming Dundee is successful in electric funding bids, would it be possible to install more rapid chargers than the slower ones in and around the City as 2/3/4 hour charging would be no use to the Taxi Trade?

Graeme Stephen reported on the above.

The Group noted:-

(i) that 44 rapid chargers had been bid for and it was envisaged that these would be placed in strategic areas and that full details of the bid would be provided to a future meeting of the Taxi Liaison Group.

(e) Is it possible to have something done about cars, vans, etc that park on Hilltown taxi rank while going in to shops particularly in the afternoon?

Graeme Stephen reported on the above.

The Group agreed to note:-

(i) that officers from Police Scotland, Tayside Division, had spoken to road policing and also staff at Gellatly Street and it was important to report such instances at the time;

(ii) that this particular incident indicated that Hilltown area would be reported to Neil Gellatly as he was responsible for parking attendants;

(iii) that more buses were coming around by the museum and traffic at the High School could potentially mean that someone might get hurt in that area; and

(iv) that there was a problem with the sequencing of traffic lights at that location;

(v) Stuart Galloway would advise Neil Gellatly of this.

(f) Is it possible to limit new Private Hire Licences to putting on electric vehicles only. This would help with emissions and help control the number mean time?

Graeme Stephen reported on the above.

The Group noted:-

(i) that the Council did not have a problem with the proposal and that any new private hire being put in operation be put on as an electric vehicle; and

(ii) that this particular matter be examined further by Fraser Crichton and that with the new Act being passed, it would probably mean new private hire provisions coming into force within the next twelve months and, as such, it may be better to revisit this matter once the position was known.

(g) It is about time to be looking at the annual fare increase although wages have started to rise, fuel has fallen so would not expect any large increase.

Stuart Galloway reported on the above.

The Group noted:-

(i) the content of the report on annual calculations tabled by Mr Galloway;

(ii) that an increase this year was not required; and

(iii) the formal process which would now be undertaken involving a report to the Committee and advertising of the position within Dundee.

V GMB UNION

Items on agenda at request of GMB:-

(a) SVQ QUESTIONS

The participants of the SVQ training receive a booklet about the UK & Scottish Law that covers the Taxi Trade. A number of things seem to contradict what happens in Dundee. Can you explain why?

Willie Lees reported on the above.

The Group noted:-

(i) that the Council had previously agreed to adopt Group 2 standards for medicals which would not involve the enforcement of annual medicals at the age of 65;

(ii) that the issue of medicals may be further reviewed throughout Scotland following the outcome of the fatal accident enquiry following the bin lorry crash in Glasgow;

(iii) the current procedure for reporting to OHSAS and the onus on the taxi driver to notify the Council of medical conditions they had to ensure that these did not impair their driving and how these fitted against Group 2 standards and it was not for any particular driver to determine that their condition did not impair them from driving a taxi on the basis that it may not impair them driving their own personal car;

(iv) that the advice in relation to the safe transportation of children within taxis was that the children be removed from buggies; and

(v) the requirements for the picking up of passengers within the boundaries and outside the boundaries of the city for which they are licensed and the requirements in this regard that the journey either must commence or end within the Council area for which the particular driver is licensed.

(b) WHITE PLATES

White plates continue to sit near ranks, why? Also who is policing the white plate drivers and what is Dundee City Council doing about capping the number of white plates in Dundee?

Willie Lees reported on the above.

The Group noted:-

(i) that members of the Trade should advise Police Scotland if they witness the illegal picking up of any passengers by private hire in the street to allow for them to investigate the matter.

(c) DROP-OFF POINTS

Severe lack of safe drop-off points in Dundee City Centre, particularly the High Street. What is being done to address this?

Willie Lees reported on the above.

The Group noted that this was not possible due to the potential misuse of bus-stop areas and locations by taxi drivers as had been experienced at the Nethergate.

(d) CORPORATE PLATES

GMB feel the proposal to introduce corporate plates must be stopped.

Willie Lees reported on the above.

The Group noted that there were no changes to be reported to the Group at this time on this particular matter.

VI UNITE THE UNION

Items on agenda at request of Unite the Union:-

(a) Street Test Abertay University computerised street test to make the test completely random.

Chris Elder reported on the above.

The Group noted that Stuart Galloway would look at this and if any change was required.

(b) Offices out of town, ie Tayport to Newport, working out with your licensed areas to inform the Trade and the licensed offices what you can and can't do with regards operating outwith your licensed area.

Chris Elder reported on the above.

The Group noted that this matter had been covered at Article V(b) of the minute of this meeting.

(c) Command of the English language to become part of the requirements for a taxi badge.

Chris Elder reported on the above.

The Group noted:-

(i) that in terms of equal opportunities legislation the Council did not have authority for licence holders to have a certain level of command of the English language; and

(ii) that with regard to anecdotal evidence of the request by drivers of passengers for postcodes of the particular location that they were travelling to that training may hopefully resolve this particular matter.

(d) The body of the hall was against Council proposals for a complete electric taxi fleet in the future, the argument against is due to the fact there is not a car that would meet the fleet's requirements especially for double-shifted taxis and limitations when going out of town.

Chris Elder reported on the above.

The Group noted that technology in relation to electric vehicles was continually advancing and that particular concerns noted at this time may be resolved in the future.

VII TAY TAXIS

Items on agenda at request of Tay Taxis:-

(a) TAXI DRIVER'S TEST

Proposal that we initially fast track a badge that the driver can drive a taxi without a meter and if they pass a full test within 12 weeks there would be no extra charge.

George Harris reported on the above.

The Group noted that Stuart Galloway would examine this particular matter in conjunction with Brian Woodcock, Senior Solicitor, Licensing.

VIII DATE OF NEXT MEETING

The Group noted that the next meeting of the Group may be held during January, 2016.

Stuart GALLOWAY, Chair.