Licensing Committee - 02/03/2017

At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd March, 2017.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 2nd February, 2017 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 the meeting of the Licensing Sub-Committee held on 2nd February, 2017 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

III APPLICATIONS GRANTED UNDER DELEGATED POWERS

(a) HOUSING (SCOTLAND) ACT 2006 - HOUSES IN MULTIPLE OCCUPATION LICENCES

The Committee noted that the undernoted applications listed at (i) and (ii) had been granted under delegated powers.

(i) NEW APPLICATIONS

(ii) VARIATIONS

Change of day to day manager.

(b) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS UNDER CIVIC GOVERNMENT (SCOTLAND) ACT 1982 AND OTHER LEGISLATION

The Committee noted that the undernoted applications listed at (i) to (v) had been granted under delegated powers.

(i)                            PUBLIC ENTERTAINMENT - NEW APPLICATIONS

(ii)                           SECOND HAND DEALER - NEW APPLICATIONS

(iii)                          TAXI DRIVER - NEW APPLICATIONS

(iv) THEATRE LICENCE (TEMPORARY) - NEW APPLICATION

(v) WINDOW CLEANER - NEW APPLICATIONS

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SKIN PIERCING AND TATTOOIST - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request for variation had been made to allow the applicant to provide blusher and scalp micro-pigmentation at the licensed premises noted above.

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.

(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 within six months and having considered the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

(c) PUBLIC ENTERTAINMENT - NEW APPLICATIONS

There was submitted the undernoted application.

In the case of this application, the Committee noted that comments had been submitted by Environmental Health relevant to this application.

The Committee gave consideration to the submission from Environmental Health.

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 conditions as stipulated by Environmental Health.

(d) TAXI SURVEY

There was submitted a report by CH2M Ltd who had undertaken a survey to establish the level of unmet demand for taxis in Dundee. The Committee gave consideration to the content of the report. Thereafter, the Committee agreed to the content of the report and the findings and that the numerical limit for taxis be reduced from 575 taxi licences to 555 taxi licences as there was no evidence of significant demand in Dundee, and that a further survey would be instructed should the number of licences fall below 555.

(e) TAXI DRIVER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant had failed to produce their Unique Tax Reference Number. Thereafter, having heard the applicant on their own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 30th March, 2017 to allow for the applicant to submit their Unique Tax Reference Number.

(f) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that application had been made for a Taxi Licence to replace an existing Taxi Operator's Licence with an electric vehicle. The existing licence holder was Charles J Smith (OP145). Directors of Bilal Cabs Ltd were Charles J Smith, Farzana Z Hashmi, Maria Zubair and Mohammed Z Hashmi. The Committee gave consideration to a letter of objection which had been submitted by Dundee Hackney Association relevant to this application. Thereafter, having heard the applicants on their own behalf, the objector to the application 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 application had been made for a Taxi Licence to replace an existing Taxi Operator's Licence with an electric vehicle. The existing licence holder was Michael K J Leonard (OP663). Directors of JFK Taxis Ltd were Michael K J Leonard, Ms Fariha Zubair and Mr Muhammad Junaid. The Committee gave consideration to a letter of objection which had been submitted by Dundee Hackney Association relevant to this application. Thereafter, having heard the applicant on their own behalf, the objector to the application and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 3, the Committee noted that application had been made for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was Ronald A Adamson (OP104). Directors of Dundee Cabs were Ronald A Adamson, Wasif Khan and Mohammed Z Hashmi. The Committee gave consideration to a letter of objection which had been submitted by Dundee Hackney Association. Thereafter, having heard the applicant on their own behalf, the objector to the application and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 4, the Committee noted that application had been made for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was Douglas J Reid (OP179). Directors of Kaiser Taxis Ltd were Qaiser Habib, Douglas J Reid and Ambar Jabeen. The Committee gave consideration to a letter of objection which had been submitted by Dundee Hackney Association. Thereafter, having heard the applicant on their own behalf, the objector to the application and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 5, the Committee noted that application had been made for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was Robert Krol (OP1921). Directors of Dundee Waterfront Taxis Ltd were Wasif Khan, Robert Krol and Syed Uddin. The Committee gave consideration to a letter of objection which had been submitted by Dundee Hackney Association. Thereafter, having heard the applicant on their own behalf, the objector to the application and consideration of the advice of the Legal Officer, the Committee agreed that the application be deferred to the meeting of the Committee on 27th April, 2017 to allow for advice to be given by the Licensing Office to the applicants concerning the competency of this application.

In the case of Application No 6, the Committee noted that an application had been made for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle and that the existing licence required a Wheelchair Accessible Vehicle to be placed on service. The existing licence holder was Iain F Duke (OP339). Directors of Tayside Cabs (339) Ltd were Iain F Duke, Farzana Z Hashmi and Maria Zubair. The Committee gave consideration to letters of objection which had been submitted by Dundee Hackney Association and the GMB. Thereafter, having heard the applicant on their own behalf, the objectors to the application and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

V HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION LICENCES - RENEWAL UPDATE

Reference was made to Article III(c) of the minute of meeting of the Licensing Committee held on 3rd March, 2016, wherein the Committee agreed to grant the undernoted application but to recall the matter to this meeting of the Committee for an update from the Private Sector Services Manager on the operation of the licence.

There was submitted the original letter of objection from a member of the public relevant to this application.

Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATION UPDATE

Reference was made to Article VI(c) of the minute of meeting of the Licensing Committee held on 4th February, 2016, wherein the Committee agreed to grant the variation of change to day to day manager to Jean Moyes but to recall the matter to this meeting of the Committee for an update from the Private Sector Services Manager on the operation of the licence.

The Committee gave consideration to the matter.

Thereafter, having heard the Private Sector Services Manager, the Committee agreed that no further action be taken.

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

VI HOUSING (SCOTLAND) ACT 2006

(a)                           HOUSES IN MULTIPLE OCCUPATION LICENCES - NEW APPLICATIONS

Reference was made to Article VI(b) of the minute of meeting of this Committee held on 5th November, 2015, wherein the applications by Ms McK for three Houses in Multiple Occupation Licences were refused. The Committee noted that these applications had been remitted back for re‑consideration by the Sheriff.

There was submitted the original letter of representation which had been submitted by the Private Sector Services Manager relevant to these applications.

The Committee gave consideration to the content of the documentation submitted. Thereafter, having heard the Private Sector Services Manager, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted until 30th September, 2017, subject to the condition that if there was not currently a tenant in the property at 29 Kinloch Place, Dundee, that it not be occupied until the Building Warrant was signed off and that the matter be recalled to the meeting of this Committee to be held on 7th September, 2017 at which time the licence holder was requested to be in attendance and that all issues are to be resolved to the satisfaction of the Private Sector Services Unit.

(b)                           HOUSES IN MULTIPLE OCCUPATION LICENCES - VALIDATION APPLICATIONS

Reference was made to Article VI(b) of the minute of meeting of this Committee held on 5th November, 2015, wherein, the six applications by Ms McK for Houses in Multiple Occupation Licences were deferred to await the outcome of the aforementioned appeal at Article VI(a) of this minute.

There was submitted the original letter of representation which had been submitted by the Private Sector Services Manager relevant to these applications.

The Committee gave consideration to the content of the documentation submitted. Thereafter, having heard the Private Sector Services Manager, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted until 30th September, 2017 and that the matter be recalled to the meeting of this Committee to be held on 7th September, 2017 at which time the licence holder was requested to be in attendance and that all issues were to be resolved to the satisfaction of the Private Sector Services Unit.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI OPERATORS LICENCE - REQUEST FOR EXTENSION

Reference was made to Article VI(a) of the minute of meeting of this Committee held on 1st December, 2016, wherein the Committee agreed to grant an extension to Mr A T to allow the licence holder to resolve matters with his insurance company and for an update to be provided at this meeting of the Committee.

There was submitted the original letter of information 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 considered the advice of the Legal Officer, the Committee agreed that the application be refused. The Committee also agreed that it would be prepared to consider the matter at its meeting on 30th March, 2017 should the licence holder submit a fresh application before then.

(b) TAXI DRIVER - SUSPENSION HEARING

(i) Reference was made to Article VI(c) of the minute of meeting of this Committee held on 1st December, 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 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers 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 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 representative of the Chief Constable, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 27th April, 2017 to await the outcome of court proceedings and to continue the suspension of the Taxi Driver's Licence held by Mr L R during the intervening period.

(ii) Reference was made to Article VII(d) of the minute of meeting of this Committee held on 12th January, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr J S 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 J S during the intervening period.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr J S 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 receiving confirmation that the licence holder had been found not guilty of the matter, the Committee agreed that no further action be taken and to recall the suspension of the Taxi Drivers Licence held by Mr J S.

(iii) Reference was made to Article VI(b) of the minute of meeting of this Committee held on 2nd February, 2017, wherein it was agreed to recall the suspension of the Taxi Driver's Licence held by Mr S U with immediate effect and hold a fresh hearing at this meeting of the Committee.

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 Drivers Licence.

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

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that a fresh hearing be held at the meeting of this Committee to be held on 30th March, 2017.

(iv) Reference was made to Article VI(b) of the minute of meeting of this Committee held on 1st December, 2016, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr N Y during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

There was submitted the original letter of objection from the Chief Constable relevant to the alleged conduct of Mr N Y 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 a 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 Committee agreed that no further action be taken.

(c) TAXI DRIVER/TAXI OPERATOR - SUSPENSION HEARINGS

(i) Reference was made to Article VI(b) of the minute of meeting of this Committee held on 2nd February, 2017, wherein it was agreed to adjourn the hearing in relation to the Taxi Driver's Licence and Taxi Operators Licence held by Mr P A 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 conduct of Mr P A during the currency of his Taxi Drivers Licence and Taxi Operator's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the Taxi Drivers Licence held by Mr P A to the meeting of this Committee to be held on 27th April, 2017 to await the outcome of court proceedings.

(ii) Reference was made to Article VI(b) of the minute of meeting of this Committee held on 1st December, 2016, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr K M during the currency of his Taxi Driver's Licence and Taxi Operators Licence to await the outcome of criminal proceedings and to recall the suspension of the Taxi Driver's Licence held by Mr K M during the intervening period.

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

The Committee noted that the licence holder was not present and agreed the matter be considered in their absence. 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 Taxi Driver's Licence and Taxi Operators Licence held by Mr K M to the meeting of this Committee to be held on 7th September, 2017 to await the outcome of court proceedings.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 2nd February, 2017.

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 - REQUEST FOR HEARING

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr K H 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 at the meeting of the Licensing Sub-Committee to be held on 30th March, 2017 in relation to the fitness of Mr K H to be the holder of a Taxi Driver's Licence.

(b) TAXI OPERATORS LICENCE - REQUEST FOR HEARING

(i)                            There was submitted a letter of information from the Assistant Corporate Fleet Manager relative to the alleged conduct of Mr G A 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 at the meeting of the Licensing Sub‑Committee to be held on 30th March, 2017 in relation to the fitness of Mr G A to be the holder of a Taxi Operators Licence.

(ii) There was submitted a letter of information from the Assistant Corporate Fleet Manager relative to the alleged conduct of Mr M K 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 at the meeting of the Licensing Sub‑Committee to be held on 30th March, 2017 in relation to the fitness of Mr G McN to be the holder of a Taxi Operators 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.

(c) 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 G McN 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 at the meeting of the Licensing Sub-Committee to be held on 30th March, 2017 in relation to the fitness of Mr G McN to be the holder of a Taxi Driver's Licence.

(d) SECOND HAND DEALERS LICENCE - REQUEST FOR HEARING

(i)                            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 Second Hand Dealers 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 at the meeting of the Licensing Sub-Committee to be held on 30th March, 2017 in relation to the fitness of Mr J M to be the holder of a Second Hand Dealers Licence.

Stewart HUNTER, Convener.