Licensing Committee - 03/03/2016

At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd March, 2016.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 4th February, 2016 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 LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 4th February, 2016 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

III DEMAND FOR TAXIS - REPORT OF TAXI SURVEY

Reference was made to Article III(i) of the minute of meeting of this Committee held on 27th June, 2013, wherein it was agreed inter alia to commission a survey on the demand for the services of taxis in Dundee to determine if there was any significant unmet demand for the purposes of Section 10(3) of the Civic Government (Scotland) Act 1982 if the number of taxis fell below 611.

It was reported that a request had been received from Willie Lees of the GMB to address the Committee as a deputation relevant to this item of business. The Committee agreed to hear the deputation.

There was submitted Agenda Note AN15-2016 reporting that the number of taxis fell to 605 in May, 2015 and that a fresh survey report had now been received and was submitted. A copy of the Taxi Survey Report had also been made available on the Licensing pages of the website of Dundee City Council.

It was reported that the clear conclusion which could be drawn from the report was that there was no significant unmet demand for taxi services in the city. At the time of the survey, there were 605 licences. There were currently 603 licences. The report did not state a lowest number at which there would be no significant unmet demand because this could only be assessed against the number of licences in existence at the time the survey was conducted. However, the report did say that a reduction of 10 to 595 taxis would have no effect on passenger delay (effectively meaning that there would still be no significant unmet demand with that number of licences) and that even a number as low as 562 was likely to mean a one minute delay for passengers.

Following discussion and having heard the deputation and the Principal General Services Officer, the Committee agreed:-

(i) that there was no significant unmet demand for taxis in terms of Section 01(3) of the said 1982 Act;

(ii) to resolve that no new licences be issued until the number of licences fell below 575, at which time a further survey would be undertaken to determine if that figure was still appropriate as an indicator of unmet demand, subject always to the Committee's legal duty to consider, in individual cases, whether any exceptions should be made to that limit;

(iii) that a full survey be held in three years' time with interim or top-up surveys annually; and

(iv) to note that the report to be prepared by officers containing proposals for the maintenance of the 60/40 Wheelchair Accessible Vehicle/Saloon split decided by the Licensing Committee at the meeting on 23rd October, 2012, with particular attention to how such licences would be allocated between operators would only be forthcoming as and when a report indicating that there was significant unmet demand was received.

IV POLICY ON TAXIS

There was submitted Agenda Note AN16-2016 reporting that discussions had taken place with the taxi trade at several Taxi Liaison Group meetings regarding air quality issues and company licences.

It was reported that a request had been received from Willie Lees of the GMB to address the Committee as a deputation relevant to this item of business. The Committee agreed to hear the deputation.

It was reported that electric vehicles had no emissions and a number of such vehicles were currently on service as private hire cars.

These vehicles were more expensive than a saloon car (although running costs were lower) and to encourage operators to invest, it was recommended that any existing operators who held taxi licences, or private hire car licences in their own name, be granted a licence in a corporate name, provided an electric vehicle was placed on service and the existing licences surrendered.

This would be on a like for like basis ie a wheelchair accessible vehicle for a wheelchair accessible vehicle or a saloon car for a saloon car.

The Nissan Leaf (with clear glass) and the Kia Soul EV were examples of saloon cars which would be acceptable and the Metrocab and TX5 were acceptable WAVs. These latter type of vehicles were extremely expensive but it was anticipated that the eNV2000 was likely to be available in the short term and this vehicle was expected to cost not much more than a Peugeot Premier.

This change would be purely on a voluntary basis, in other words, operators would not be compelled to take advantage of this, unless they wished to do so.

The City Development Department were currently progressing a bid for grant funding from the UK Government and it was envisaged that, if successful, this would result in funding for additional taxi related initiatives to be progressed.

Following discussion, and having heard the deputation, the Principal General Services Officer and consideration of the advice of the Legal Officer, the Committee agreed to the terms of the note and to adopt the policy as outlined.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee agreed to note that the undernoted applications had been granted under delegated powers.

LATE HOURS CATERING - NEW APPLICATION

PRIVATE HIRE DRIVERS - NEW APPLICATION

PRIVATE HIRE OPERATORS - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATION

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATION

(b) TAXI OPERATOR - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that this application had been withdrawn from consideration by the applicant.

(c) SECOND HAND DEALER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, there was submitted an objection which had been received from the City Development Department relative to this application. The Committee gave consideration to the content of the submission. Thereafter, having heard the Principal General Services Officer and an agent on behalf of the applicant, the Committee agreed that the application be granted subject to the applicant obtaining any necessary planning consent.

(d) SKIN PIERCING AND TATTOOIST - APPLICATION FOR VARIATION

There was submitted the undernoted application.

There being no objections, the Committee agreed that the application for variation of change of day to day manager be granted.

(e) TAXI OPERATORS LICENCE - REQUEST FOR VARIATION

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article IV(g) of the minute of meeting of this Committee held on 4th February, 2016, wherein the Committee agreed to defer consideration of the application to this meeting to allow the applicant to be in attendance, The Committee noted that a request for variation had been made to allow tinted windows on the vehicle involved in the operation of the licence. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be refused.

In the case of Application No 2, the Committee noted that a request for variation had been made in regard to the vehicles involved in the operation of Plate Numbers OP1795, OP1825, OP1826 and OP1840 being taken out of service for nine to 12 months but the plates retained.

Thereafter, having heard the applicant on their own behalf, the Principal General Services Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

In the case of Application No 3, the Committee noted that a request for variation had been made in regard to the vehicle involved in the operation of Plate Number OP1720 being taken out of service for nine to 12 months but the plates retained.

Thereafter, having heard the applicant on their own behalf, the Principal General Services Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

VI HOUSING SCOTLAND ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Application Nos 2, 3, 4, 7, 9 and 10, having heard a representative of the Housing Department, the Committee agreed that the applications be granted.

In the case of Application No 5, there was submitted a letter of objection from members of the public. The Committee noted that the objectors were not present. The Committee gave consideration to the content of the letter of objection. Thereafter, having heard a representative of the Housing Department, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to conditions.

In the case of Application No 6, the Committee gave consideration to a letter of information which had been submitted by the Private Sector Services Manager of the Housing Department relative to this application.

Thereafter, having heard from a representative of the Housing Department, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 11, having received confirmation that the certificate of compliance had now been submitted and having heard a representative of the Housing Department, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application Nos 12 and 13, 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, the Committee agreed that the application for variation be granted.

(c) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the objector to this application was not present. The Committee gave consideration to the letter of objection which had been submitted by a member of the public. Thereafter, having heard a representative of the Housing Department, a representative on behalf of the applicant, a representative of Environmental Health, a representative of Police Scotland and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that a report on the operation of the licence be submitted to the meeting of this Committee to be held in March, 2017.

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 CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - NEW APPLICATION

Reference was made to Article VII(b)(iii) of the minute of meeting of this Committee held on 3rd September 2013, wherein the application by Mr R C for a Taxi Drivers Licence was granted together with the requirement that the licence holder complete an approved Taxi Driver Training Course during the following six months.

There was submitted an application by Mr R C for a Taxi Drivers Licence.

There was submitted the original letter of representation from the Chief Constable relevant to this application. Thereafter, having heard the Principal General Services Officer and the applicant on their own behalf, the Committee agreed that the application be granted and that the matter be called back to the meeting of this Committee to be held on 2nd June, 2016 for an update on the completion of the Taxi Driver Training Course.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to the decision taken in terms of delegated authority on 11th February, 2016, wherein the Taxi Driver's Licence held by Mr G A was suspended with immediate effect and it was agreed that a hearing be held in relation to the medical fitness of Mr G A to be the holder of Taxi Driver's Licence.

There was submitted a letter from OHSAS relevant to the suitability of Mr G A to be the holder of a 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, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in April, 2016 and to continue the suspension of the Taxi Driver's Licence held by Mr G A during the intervening period with immediate effect.

(ii) There was submitted a letter from OHSAS relevant to the suitability of Mr J C to be the holder of a Taxi Driver's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard the Principal General Services Officer and the representative on behalf of the licence holder, the Committee agreed that no further action be taken and that the licence holder undertake an annual medical examination at OHSAS to establish their continued fitness to meet Group 2 Standards.

(iii) There was submitted a letter from OHSAS relevant to the suitability of Mr N C to be the holder of a Taxi Driver's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard the Principal General Services Officer and the representative on behalf of the licence holder, the Committee agreed that no further action be taken and that the licence holder undertake an annual medical examination at OHSAS to establish their continued fitness to meet Group 2 Standards.

(iv) Reference was made to Article VII(c)(iii) 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 R G during the currency of his Taxi Driver's Licence to allow the licence holder to submit evidence of their 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.

Thereafter, having heard 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 Drivers Licence held by Mr R G subject to the licence holder submitting verification of completion of the course to the satisfaction of the Licensing Section.

(v) Reference was made to Article II(c)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 7th January, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D S during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Environmental Compliance Officer relevant to the alleged conduct of Mr D 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 the Principal General Services Officer, the Environmental Compliance Manager and consideration of the advice of the Legal Officer, the Committee agreed that the Taxi Drivers Licence held by Mr D S be suspended for the unexpired portion of the licence with immediate effect.

(vi) Reference was made to Article X(d)(iv) of the minute of meeting of the Licensing Sub‑Committee held on 4th February 2016, wherein 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 await a further OHSAS to establish his fitness to be the holder of a Taxi Driver's Licence and to recall the suspension of the Taxi Drivers Licence held by Mr G S with immediate effect during the intervening period.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr G S during the currency of his Taxi Drivers Licence and a report from OHSAS on the fitness of Mr G S to be the holder of a 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 both documents. Thereafter, having heard the Principal General Services Officer, the Committee agreed to adjourn the hearing to a date to be advised pending submission of the further report from OHSAS.

Stewart HUNTER, Convener.

APPENDIX I

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

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 - REQUEST FOR HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D D during the currency of his Taxi Drivers Licence.

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

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr J M 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 J M to be the holder of a Taxi Driver's Licence.

(b) TAXI OPERATOR'S LICENCE - REQUEST FOR HEARING

(i) There was submitted a letter of information from the Licensing Department relative to the alleged conduct of Mr J P during the currency of his Taxi Operator's Licence.

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

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

(c) TAXI OPERATORS LICENCE AND TAXI DRIVERS LICENCE - REQUEST FOR HEARING

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr W C and Ms K C during the currency of their 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 and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that hearings be held in due course in relation to the fitness of Mr W C and Ms K C to be the holders of Taxi Driver's Licences and Taxi Operators Licences.

Stewart HUNTER, Convener.