Licensing Committee - 01/12/2016

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st December, 2016.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 3rd November, 2016 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 6th October, 2016, 1st November, 2016, 3rd November, 2016 and 16th November, 2016 were submitted and noted, copies of which are attached to this minute as Appendices I, II, III and IV.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

DOG BREEDING - NEW APPLICATION

LATE HOURS CATERING - NEW APPLICATIONS

METAL DEALER - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

(b) LATE HOURS CATERING - 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 produce their Unique Tax Reference Number and having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(c) PRIVATE HIRE OPERATOR - NEW APPLICATION

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicant had failed to renew her licence by 31st May, 2016 and that the applicant had also requested that the condition in relation to placing an electric vehicle on service not be applied to this application. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the condition in relation to the placing on service an electric vehicle be applied on this application.

In the case of Application No 2, the Committee noted that the applicant had also requested a variation to allow privacy glass and to be permitted to replace the Private Hire Plate on the vehicle to be operated on the licence with a special events disc. 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 and that the policy in relation to the placing on service an electric saloon vehicle not be applied on this application.

(d) PRIVATE HIRE OPERATOR - REQUEST FOR VARIATION

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that a request for variation had been made to replace the Private Hire Plate on the vehicle in operation of the licence with a special events disc. The Committee gave consideration to the content of the application. 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.

In the case of Application No 2, the Committee noted that a request for variation had been made to replace the Private Hire Plate on the vehicle in operation of the licence with a special events disc and to also be permitted to add signage to the vehicle. The Committee gave consideration to the content of the application. 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, subject to the condition that the signage to be added to the vehicle be removed when the vehicle was not being operated on contracted business to the company identified by the signage or whilst passengers were being carried.

In the case of Application No 3, the Committee noted that a request for variation had been made to replace the Private Hire Plate on the vehicle in operation of the licence with a special events disc and to also be permitted to add signage to the vehicle. The Committee gave consideration to the content of the application. 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, subject to the condition that the signage to be added to the vehicle be removed when the vehicle was not being operated on contracted business to the company identified by the signage or whilst passengers were being carried.

(e) TAXI OPERATOR - NEW APPLICATION - ELECTRIC VEHICLE

There were submitted the undernoted applications.

In the case of Application No 1, there was submitted a request to replace an existing Taxi Operator's Licence with a new licence for an electric vehicle. The Committee noted that the existing licence holder was James Henderson (OP280) and that the Director of Henderson Taxis Ltd was James Henderson. 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.

In the case of Application No 2, there was submitted a request to replace an existing Taxi Operator's Licence with a new licence for an electric vehicle. The Committee noted that the existing licence holder was George Chmielewski and that the Directors of Nebmas Ltd were George Chmielewski, Scott Walker and Andrew Burke. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Clerk and the Legal Officer, the Committee agreed that the application be granted.

(f) WINDOW CLEANER - 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 produce their Unique Tax Reference Number and having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(g) TAXI DRIVER TRAINING PROVIDER APPROVAL

There was submitted an application from J & J Training Services seeking approval to be appointed as a provider for Taxi Driver Training.

In the case of this application, having considered the advice of the Legal Officer, the Committee agreed that the application be granted.

IV 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 gave consideration to a letter of representation which had been submitted by the Private Sector Services Manager, Neighbourhood Services, relative to these applications.

Thereafter, having heard the Private Sector Services Manager, Neighbourhood Services, a representative on behalf of the applicants and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the conditions that the outstanding works be completed and certification to this effect had been submitted to the satisfaction of the Private Sector Services Manager.

In the case of Application Nos 2 and 3, having heard the Private Sector Services Manager, Neighbourhood Services, and the applicants on their own behalf, the Committee agreed that the applications be granted.

In the case of Application Nos 4 and 5, having heard the Private Sector Services Manager, Neighbourhood Services, the Committee agreed that the applications be granted.

In the case of Application Nos 6 to 8, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

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 HOUSING (SCOTLAND) ACT 2006

(a) REQUEST FOR EXTENSION - DECEASED HMO LICENCE OPERATOR

Reference was made to Article VI(b) of the minute of meeting of this Committee held on 1st September, 2016, wherein the Committee agreed to the request from the Executor of the late Ms M R who had been a holder of House in Multiple Occupation Licences for an extension of time to wind-up her estate until 1st December, 2016.

The Committee heard from the representative of the late Ms M R. Thereafter, having heard the representative and noting that the House in Multiple Occupation Licences were no longer required, the Committee agreed that no further action be taken.

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

(i) Reference was made to Article VI(c) of the minute of meeting of the Licensing Committee held on 1st September, 2016, wherein it was agreed to defer consideration of the application by Mr J H in relation to his suitability to be registered as a landlord.

There was submitted the original letter of information from the Private Sector Services Manager relevant to the registration of Mr J H to be registered as a landlord.

Thereafter, having heard the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to further defer the hearing to the meeting of this Committee to be held in two months' time to allow for outstanding works to be completed.

(ii) Reference was made to Article Vl(c) of the minute of meeting of the Licensing Committee held on 1st September, 2016, wherein it was agreed to defer consideration of the application by Mr C W in relation to his suitability to be registered as a landlord.

There was submitted the original letter of information from the Private Sector Services Manager relevant to the registration of Mr C W to be registered as a landlord.

Thereafter, having heard the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to further defer the hearing to the meeting of this Committee to be held in two months' time to allow for outstanding works to be completed.

(iii) Reference was made to Article VII of the minute of meeting of the Licensing Committee held on 3rd November, 2016, wherein it was agreed that Company C be considered not fit and that registration was deferred to this meeting to allow a suitable agent to be appointed.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. There was submitted a letter of information from the Private Sector Services Manager relevant to the registration of Company C as a landlord. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that Company C be removed from the register of landlords.

(iv) Reference was made to Article VII of the minute of meeting of the Licensing Committee held on 3rd November, 2016, wherein it was agreed that the application by Mrs A MacF for registration as a landlord be deferred to the meeting to allow a suitable managing agent to be appointed.

Reference was also made to Article V of the minute of meeting of this Committee held on 6th October, 2016, wherein it was agreed that Mr G MacF be considered not a fit and proper person.

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 information from the Private Sector Services Manager relevant to the registration of Mrs A MacF and Mr C MacF as a landlord. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Private Sector Services Manager and a representative on behalf of the applicant, and consideration of the advice of the Legal Officer, the Committee agreed that Mrs A MacF and Mr C MacF be registered as a landlords subject to Mr L being the managing agent under a property management submitted to the satisfaction of the Private Sector Services Manager.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a)                           TAXI OPERATOR LICENCE - REQUEST FOR EXTENSION

There was submitted an application by Mr A T requesting an extension to the period for placing a vehicle on service under his Taxi Licence.

There was submitted a letter of information from the applicant relevant to this application. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the extension for three months up until March, 2017.

(b) TAXI DRIVER - NEW APPLICATION

Reference was made to Article VIII of the minute of meeting of this Committee held on 3rd November, 2016, wherein it was agreed that consideration of the application by Mr B M for a Taxi Driver's Licence be deferred to this meeting of the Committee to allow the applicant to be present.

There was submitted an application by Mr B M for a Taxi Driver's Licence.

There was submitted a letter of representation from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. 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 and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(c) TAXI DRIVER - SUSPENSION HEARING

(i) Reference was made to Article II of the minute of meeting of this Committee held on 12th August, 2016, wherein it was agreed to adjourn the hearing in relation to the Taxi Drivers Licence held by Mr N A to this meeting of the Committee and to continue the suspension of the Taxi Driver's Licence held by Mr N A with immediate effect during the intervening period.

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

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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr N A during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held in February, 2017 and to continue the suspension of the Taxi Drivers Licence held by Mr N A with immediate effect.

(ii) Reference was made to Article II of the minute of meeting of the Licensing Sub‑Committee held on 16th November, 2016, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr P A with immediate effect and to hold a hearing in relation to the fitness of Mr P A 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 P A during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letter.

Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr P A during the currency of his Taxi Drivers Licence until the meeting of this Committee to be held in February, 2016 to await the outcome of court proceedings and to recall the immediate suspension of the Taxi Drivers Licence held by Mr P A during the intervening period, subject to the condition that the licence holder not carry any passengers who were considered vulnerable people or unaccompanied children.

(iii) Reference was made to Article VIII(f) of the minute of meeting of this Committee held on 3rd November, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G B during the currency of his Taxi Driver's Licence to allow the licence holder to be present.

There was submitted the original letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr G B 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 Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in February, 2017 to allow a further matter in relation to the alleged conduct of Mr G B to be considered at the same time.

(iv) Reference was made to Article VI of the minute of meeting of this Committee held on 6th October, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Ms P D during the currency of her Taxi Driver's Licence to await the outcome of court proceedings and to recall the immediate suspension of the Taxi Driver's Licence held by Ms P D during the intervening period.

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Ms P D during the currency of her Taxi Driver's Licence.

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, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in February, 2017 to await the outcome of court proceedings.

(v) Reference was made to Article II of the minute of meeting of the Licensing Sub‑Committee held on 1st November, 2016, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr K M with immediate effect and to hold a hearing in relation to the fitness of Mr K M 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 K M during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letter.

Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr K M during the currency of his Taxi Drivers Licence until the meeting of this Committee to be held in March, 2017 and to recall the immediate suspension of the Taxi Drivers Licence held by Mr K M during the intervening period to await the outcome of court proceedings.

(vi) Reference was made to Article VI of the minute of meeting of this Committee held on 6th October, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr L R during the currency of his Taxi Driver's Licence to this meeting of the Committee and to continue the suspension of the Taxi Driver's Licence held by Mr L R during the intervening period.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr L R 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 and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held in March, 2017 and to continue the suspension of the Taxi Driver's Licence held by Mr L R with immediate effect.

(vii) Reference was made to Article VIII(l) of the minute of meeting of this Committee held on 3rd November, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R S during the currency of his Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R 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 the licence holder on their own behalf, the Committee agreed that no further action be taken and that the licence holder be issued with a written warning as to their future conduct.

(viii) Reference was made to Article VII(e) of the minute of meeting of this Committee held on 1st September, 2016, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr S U during the currency of his Taxi Driver's Licence to allow the licence holder to be present and to continue the suspension of the Taxi Driver's Licence held by Mr S U during the intervening period.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S U 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 and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held in February 2017 to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr S U during the intervening period with immediate effect.

(ix) Reference was made to Article VIII(f) of the minute of meeting of this Committee held on 3rd November, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr N Y during the currency of his Taxi Driver's Licence to this meeting of the Committee to await the outcome of court proceedings.

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

The 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 Committee agreed to further adjourn the hearing until the meeting of this Committee to be held in March, 2017 to await the outcome of court proceedings.

(d) TAXI DRIVER - UPDATES

(i) Reference was made to Article V(g) of the minute of meeting of this Committee held on 6th October, 2016, wherein the Committee agreed to grant the application by Mr J B for a further period of three months to allow the licence holder to complete an approved Taxi Driver Training Course.

There was submitted the original letter of objection from the Chief Constable relative to this application. Thereafter, having heard a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, and receiving assurance that the licence holder had completed an approved Taxi Driver Training Course, the Committee agreed that no further action be taken.

(ii) Reference was made to Article VI(g) of the minute of meeting of this Committee held on 6th October, 2016, wherein the Committee agreed to grant the application by Mr P H for a further period of three months to allow the licence holder to complete an approved Taxi Driver Training Course.

There was submitted the original letter of objection from the Chief Constable relative to this application. Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to delegate consideration of the matter to the Head of Democratic and Legal Services, in consultation with the Convener, subject to confirmation of completion of an approved Taxi Driver Training Course failing which the matter would be resubmitted to the meeting of this Committee to be held in January, 2017.

(iii) Reference was made to Article VI of the minute of meeting of this Committee held on 2nd June, 2016, wherein the Committee agreed to grant the application by Mr K H until 31st May, 2016, subject to the applicant completing an approved Taxi Driver Training Course by December, 2016.

There was submitted the original letter of representation from the Chief Constable relative to this application. 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 matter to the meeting of this Committee to be held in January, 2017 to allow the licence holder to be present and to allow for confirmation of completion of an approved Taxi Driver Training Course to be received.

(iv) Reference was made to Article VI of the minute of meeting of this Committee held on 2nd June, 2016, wherein the Committee agreed to issue Mr O L a written warning to their future conduct during the currency of his Taxi Driver's Licence and that Mr O L complete an approved Taxi Driver Training Course by December, 2016.

There was submitted the original letter of information from the Chief Constable relative to this matter. Thereafter, having heard 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 as confirmation of the completion of an approved Taxi Driver Training Course had been submitted.

(v) Reference was made to Article VII(d) of the minute of meeting of this Committee held on 1st September, 2016, wherein the Committee agreed to defer consideration of the update in relation to the Taxi Driver's Licence held by Mr P MacR 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 objection from the Chief Constable relative to this application. Thereafter, having heard 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, subject to the licence holder submitting confirmation of completion of an approved Taxi Driver Training Course to the satisfaction of the Licensing Section.

(e) WINDOW CLEANER - NEW APPLICATION

There was submitted an application by Mr B M for a Window Cleaners Licence.

There was submitted a letter of representation from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constables representative 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, the applicant on his own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted due to the Procurator Fiscal taking no further proceedings on the matter as narrated in the letter from the Chief Constable and that, should any application for renewal of licence be received, this be submitted to a meeting of the Licensing Committee for consideration.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 6th October, 2016.

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 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 VII(d)(i) of the minute of meeting of the Licensing Sub‑Committee held on 1st September, 2016, 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 allow the licence holder to be present.

There was submitted the original letter of information from the Chief Constable relevant to the application by Mr J D for a Taxi Driver's Licence. The Licensing Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Principal General Services Officer and consideration of the advice of the Legal Officer, the Licensing Sub-Committee agreed to suspend the Taxi Driver's Licence held by Mr J D with immediate effect for the unexpired portion of the licence.

(ii) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 1st September, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R A 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 A during the currency of his Taxi Drivers Licence.

The Committee gave consideration to the content of the letter.

Thereafter, having heard a representative of the Chief Constable, the licence holder on his own behalf 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.

(iii) Reference was made to Article II(b)(ii) of the minute of meeting of this Sub-Committee held on 31st March, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G C 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 G 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 the representative of the Chief Constable, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 12th January, 2017 to await the outcome of court proceedings.

(iv) Reference was made to Article VI(f)(i) of the minute of meeting of this Sub-Committee held on 2nd June, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R C during the currency of his Taxi Driver's Licence.

There was submitted the original letter of information from the Chief Constable relevant to the application by Mr R C for a Taxi Driver's Licence. Thereafter, having heard the Principal General Services Officer and consideration of the advice of the Legal Officer, the Sub-Committee agreed to suspend the Taxi Driver's Licence held by Mr R C with immediate effect for the unexpired portion of the licence.

(v) Reference was made to Article II(b)(i) of the minute of meeting of this Sub-Committee held on 2nd June, 2016, 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 await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J D during the currency of his Taxi Driver's 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 representative of the Chief Constable and consideration of the advice of the Legal Officer, and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub‑Committee agreed that no further action be taken.

(vi) Reference was made to II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 12th August, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr K E 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 K E 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, the licence holder on his own behalf 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.

(vii) Reference was made to Article II(d)(i) of the minute of meeting of this Sub‑Committee held on 2nd June, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D G 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 G 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 Principal General Services Officer and the representative of the Chief Constable, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 12th January, 2017.

(viii) Reference was made to Article II(a)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 1st September, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr S L 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 S L 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, the licence holder on his own behalf, the Principal General Services Officer and consideration of advice of the Legal Officer, the Sub-Committee agreed that no further action be taken.

(ix) Reference was made to Article II(a)(iv) of the minute of meeting of this Sub‑Committee held on 1st September, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J M during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J M 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 Principal General Services Officer and the representative of the Chief Constable, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 12th January, 2017 to await the outcome of court proceedings.

(x) Reference was made to Article II(d)(ii) of the minute of meeting of this Sub-Committee held on 2nd June, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr W 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 W S 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 representative of the Chief Constable, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 12th January, 2017 to await the outcome of court proceedings.

(xi) Reference was made to Article II(b)(viii) of the minute of meeting of this Sub‑Committee held on 2nd June, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr R 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 R S 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 Principal General Services Officer, and the representative of the Chief Constable, the Sub-Committee agreed to adjourn the hearing until the meeting of the Licensing Committee to be held on 3rd November, 2016 to await the outcome of court proceedings.

(b) TAXI DRIVERS LICENCE AND TAXI OPERATORS LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article II(c)(i) of the minute of meeting of this Sub-Committee held on 2nd June, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Ms K C during the currency of her Taxi Driver's Licence to this meeting of the Sub-Committee to await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Ms K C during the currency of her 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 Principal General Services Officer, the Sub-Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 12th January, 2017 to await the outcome of court proceedings.

(ii) Reference was made to Article II(b) of the minute of meeting of this Sub-Committee held on 12th August, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr C F 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 C F 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 representative of the Chief Constable, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 12th January, 2017 to await the outcome of court proceedings.

(iii) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub-Committee held on 1st September, 2016, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr  G L 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 L 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 Principal General Services Officer and the representative of the Chief Constable, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 12th January, 2017.

(iv) Reference was made to Article II(c)(iii) of the minute of meeting of this Sub-Committee held on 2nd June, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr D McM during the currency of his Taxi Driver's Licence to the meeting of this Sub-Committee to await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D McM 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 Principal General Services Officer and the representative of the Chief Constable, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 12th January, 2017 to await the outcome of court proceedings.

(v) Reference was made to Article II(b)(vii) of the minute of meeting of this Sub‑Committee held on 2nd June, 2016, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr N S during the currency of his Taxi Drivers Licence to the meeting of this Sub-Committee to await the outcome of court proceedings.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr N S 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 a representative on behalf of the licence holder 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.

(c) TAXI DRIVERS LICENCE - REQUEST FOR HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr G 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 G B 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 B 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 B D 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 J S 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 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 November, 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 Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they 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 DRIVERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr K M during the currency of his Taxi Driver's Licence and Taxi Operator's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal officer, the Sub‑Committee agreed that the Taxi Drivers Licence held by Mr K M be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr K M to be the holder of a Taxi Drivers Licence. No action would be taken in relation to the Taxi Operator's Licence held by Mr K M during the intervening period.

Stewart HUNTER, Convener.

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

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 DRIVERS LICENCE - REQUEST FOR HEARINGS

(i) There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr A M during the currency of his Taxi Drivers Licence.

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

(ii) There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr R R during the currency of his Taxi Drivers Licence.

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

(iii) There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr B A during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Clerk, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Mr B A 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 16th November, 2016.

APPENDIX IV

Present:-

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Tom FERGUSON

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

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

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they 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 DRIVERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr P A during the currency of his Taxi Drivers Licence and Taxi Operators Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the Principal General Services Officer and consideration of the advice of a Legal Officer, the Sub‑Committee agreed that the Taxi Drivers Licence held by Mr P A be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr P A to be the holder of a Taxi Drivers Licence. No action would be taken in relation to the Taxi Operators Licence held by Mr P A during the intervening period.

Stewart HUNTER, Convener.