Licensing Committee - 27/04/2017

At a MEETING of the LICENSING COMMITTEE held at Dundee on 27th April, 2017.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 30th March, 2017 was held as read.

Unless marked thus * all items stand delegated.

Prior to commencement of the business the Convener paid thanks to the membership who had served on the Licensing Committee over the current term of the Council and offered his best wishes to those members who would be retiring from office and to those members who would be standing for election to the next term of the Council. The Convener also thanked the Clerk, the Legal Officer and Council Officers for their support over his period of Convenership.

I DECLARATIONS OF INTEREST

Councillor Ferguson declared a non-financial interest in the item of business at Article III(e) by virtue of a family member of the applicant being known to him in a personal capacity and took no part in the proceedings.

Councillor Lynn declared a non-financial interest in the item of business at Article III(f)(ii) by virtue of one of the applicants being known to him in a personal capacity and left the Chamber prior to its consideration. Councillor Lynn re-entered the Chamber prior to consideration of the item of business at Article III(f)(iii).

Councillor Lynn declared a non-financial interest in the item of business at Article V(b) by virtue of the representative of the applicant being known to him in a personal capacity and left the Chamber prior to its consideration. Councillor Lynn re-entered the Chamber prior to consideration of the item of business at Article V(c).

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

The minutes of meetings of the Licensing Sub-Committee held on 30th March, 2017 and 7th April, 2017, were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

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

LATE HOURS CATERING - NEW APPLICATIONS

PRIVATE HIRE DRIVER - NEW APPLICATION

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) PRIVATE HIRE DRIVER - NEW APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having noted that the applicant had failed to pass the street test within the prescribed period and had also failed to produce their medical certificate, the Committee agreed that the application be considered incompetent.

(c) TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Applications Nos 1, 2 and 6, the Committee noted that the applicants were not present and agreed that the applications be considered in their absence. Thereafter, having noted that the applicants had failed to produce their Unique Tax Reference Number to evidence that they were registered for tax purposes, the Committee agreed that the applications be considered incompetent.

In the case of Application Nos 3, 4 and 5, the Committee noted that the applicants were not present and agreed that the applications be considered in their absence. Thereafter, having noted that the applicants had failed to pass the street test within the prescribed period, the Committee agreed that the applications be refused.

(d) PRIVATE HIRE OPERATOR NEW APPLICATIONS AND VARIATION APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that requests for variation had been made to place special events discs on the vehicles involved in the operation of the licences in place of a white plate. Thereafter, there being no objections and having considered the advice of the Legal Officer, the Committee agreed that the applications be granted.

In the case of Application No 2, the Committee noted that a request for variation had been made to vary the condition requiring an electric vehicle to be placed on service in the operation of the licence. Thereafter, having noted that the applicant was not present and having considered the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of the Licensing Committee to be held on 15th June, 2017 to allow the applicant to be present.

In the case of Application No 3, 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 as the vehicle was to be used for airport transfers only. 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.

In the case of Application No 4, the Committee noted that a request for variation had been made to remove the condition requiring an electric vehicle to be placed on service in the operation of the licence. Thereafter, having heard a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the condition that an 8 seater electric vehicle be placed on service by the licence holder once one became available and had been approved for inclusion on the list of approved electric vehicles maintained by the Council for use as Taxis or Private Hire Cars and that should an application for renewal of licence be submitted, that that be submitted to a meeting of the Licensing Committee for determination.

(e) STREET TRADER NEW APPLICATION

There was submitted the undernoted application.

In the case of Application No 1, the Committee noted that a request for variation had been made to remove Conditions 9 and 10 from the licence which required the vehicle to be moved every 15 minutes and not to return within one hour. 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 Conditions 9 and 10 not be applied to the licence.

(f) ELECTRIC VEHICLE NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article IV(f) of the minute of meeting of this Committee held on 2nd March, 2017, wherein it was agreed to defer consideration of the application to allow for discussions with the applicants on the application. 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 application was deferred by the Licensing Committee at its meeting on 2nd March, 2017 as OP1921 had been granted to Panda Taxis Ltd. There was submitted a letter of objection from the Dundee Hackney Association relative to this application. The Committee noted that the applicants and the objector to the application were 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 an application had been made for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was Jacqueline Simpson OP172. Directors of Habib Cabs Ltd were Jacqueline Simpson, Qaiser Habib and Ambar Jabeen. Thereafter, having heard the applicant on their own behalf and having considered 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 an application had been made for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was Paul Soutar (OP608). Directors of Paul Soutar Taxis Ltd were Paul Soutar and Robert Whelan. Thereafter, having heard the applicant on their own behalf and 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, having considered the Houses in Multiple Occupation Provision Report submitted by the Private Sector Services Manager, Neighbourhood Services and having heard the Private Sector Services Manager and a representative on behalf of the applicant, the Committee agreed that the application be granted.

In the case of Application No 2, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager, Neighbourhood Services relative to this application. Thereafter, having considered the Houses in Multiple Occupation Provision Report submitted by the Private Sector Services Manager and 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 application be granted, subject to the certificate of compliance being submitted to the satisfaction of the Private Sector Services Manager.

(b) HOUSES IN MULTIPLE OCCUPATION - UPDATE

There was submitted the undernoted application.

In the case of Application No 1, reference was made to Article VI of the minute of meeting of the Licensing Committee held on 28th April, 2016, wherein it was agreed to grant the 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. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Private Sector Services Manager and having noted that there were no adverse observations on the operation of the licence, the Committee agreed that no further action be taken.

(c) HOUSES IN MULTIPLE OCCUPATION - VALIDATIONS (RENEWAL) APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicant had also made application to remove the current day to day manager in order to manage the property herself. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of the Licensing Committee to be held on 15th June, 2017.

In the case of Application No 2, the Committee noted that a letter of objection had been submitted by West End Community Council relevant to the application. The Committee noted that the objectors to the application were not present. The Committee noted the advice of the Legal Officer in relation to the competency of the objections. The Committee gave consideration to the letter of objection which had been submitted by West End Community Council and a letter of support which had been submitted by the agent on behalf of the applicant. Thereafter, having heard the Private Sector Services Manager, 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 3, the Committee noted that letters of objection had been submitted by West End Community Council and a member of the public, relevant to the application. The Committee noted that the objectors to the application were not present. The Committee noted the advice of the Legal Officer in relation to the competency of the objections. The Committee gave consideration to the letter of objection which had been submitted by West End Community Council and the letter of objection which had been submitted by a member of the public and a letter of support which had been submitted by the agent on behalf of the applicant. Thereafter, having heard the Private Sector Services Manager, the representative of the Chief Constable, the Environmental Health Officer, 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 4, the Committee gave consideration to letters of objection which had been submitted by members of the public relevant to the application. Thereafter, having heard the Private Sector Services Manager, the representative of the Chief Constable, the Environmental Health Officer, an agent on behalf of the applicant and the objector to the application and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to the meeting of this Committee to be held on 5th October, 2017 for an update from the Private Sector Services Manager on the operation of the licence.

In the case of Application No 5, the Committee gave consideration to a letter of objection which had been submitted by a member of the public relevant to the application. Thereafter, having heard the Private Sector Services Manager, the objector to the application, an agent 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 matter be recalled to the meeting of this Committee to be held on 5th October, 2017 for an update from the Private Sector Services Manager on the operation of the licence.

In the case of Application No 6, the Committee gave consideration to a letter of objection which had been submitted by a member of the public relevant to the application and a letter of support which had been submitted on behalf of the applicant. Thereafter, having heard the Private Sector Services Manager, the objector to the application, 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 matter be recalled to the meeting of this Committee to be held on 5th October, 2017 for an update from the Private Sector Services Manager on the operation of the licence.

In the case of Application No 7, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager relevant to the application. Thereafter, having heard the Private Sector Services Manager, 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 8, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager relevant to the application. Thereafter, having heard the Private Sector Services Manager, 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 Applications Nos 9, 10, 11 and 12, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager relevant to these applications. Thereafter, having heard the Private Sector Services Manager, the applicants on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted.

In the case of Applications Nos 13, 14, 15 and 16, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager relevant to these applications. Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the applicants and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted.

In the case of Applications Nos 17 and 18, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager relevant to these applications. Thereafter, having heard the Private Services Manager, a representative on behalf of the applicants and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted.

In the case of Application No 19, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager relevant to the application. Thereafter, having heard the Private Sector Services Manager, 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 20, the Committee gave consideration to a letter of observation which had been submitted by the Private Sector Services Manager relevant to the application. The Committee also noted that a request for variation had been submitted to remove the day to day manager. Thereafter, having noted that the applicant was not present and having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the applications be deferred to the meeting of this Committee to be held on 15th June, 2017, to allow the applicant to be present.

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 CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER - NEW APPLICATION

There was submitted an application by Mr M C 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 representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constable's representative as to their age and nature, the Committee agreed that they be considered since justice could not otherwise be done. Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months, subject to the conditions that the licence holder submit their Unique Tax Reference Number (UTRN) and medical certification to the satisfaction of the Licensing Office and that an update on the operation of the licence and the completion of an approved Taxi Driver Training Course be provided at a meeting of the Committee to be held six months after receipt by the Licensing Office of the UTRN and medical certificate.

(b) TAXI DRIVER REQUEST FOR VARIATION

There was submitted a request for variation from Mr M J in relation to his Taxi Drivers Licence. The Committee gave consideration to the content of the application, together with supporting information submitted from the applicant's General Practitioner. Thereafter, having heard 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 the application be granted and that consideration of the matter be recalled to the meeting of this Committee to be held on 15th June, 2017, to obtain an update report from the licence holders General Practitioner on the requirement for the variation.

(c) TAXI DRIVER - SUSPENSION HEARINGS

(i) Reference was made to Article V(d) of the minute of meeting of this Committee held on 30th March, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G B during the currency of his Taxi Drivers Licence to await the outcome of court proceedings.

There were submitted letters of information from the Environmental Compliance Manager and the Chief Constable relevant to the alleged conduct of Mr G B during the currency of his Taxi Drivers Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letters. Thereafter, having heard 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 G B to the meeting of this Committee to be held on 15th June, 2017, to await the outcome of court proceedings.

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held 2nd February, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr K H 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 H 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, a representative on behalf of the licence holder and consideration of advice from the Legal Officer, the Committee agreed to adjourn the hearing to the meeting of this Committee to be held on 15th June, 2017 to await the outcome of court proceedings.

(iii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 30th March, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G McL during the currency of his Taxi Drivers Licence.

Reference was also made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 7th April, 2017, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr G McL with immediate effect and to hold a joint suspension hearing in relation to both matters.

There were submitted letters of information from the Chief Constable relevant to the alleged conduct of Mr G McL during the currency of his Taxi Driver's Licence. The Committee noted that the licence holder was not present and agreed that the matters be considered in their absence. The Committee gave consideration to the content of the letters. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the fitness of Mr G McL to be the holder of a Taxi Drivers Licence until the meeting of this Committee to be held on 15th June, 2017 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr G McL during the intervening period with immediate effect.

(iv) Reference was made to Article II(a) of the minute of meeting of this Committee held on 30th March, 2017, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr A P for the unexpired portion of the licence and that the licence holder be given the opportunity to attend this meeting so that consideration could be given as to whether or not suspension was required.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A P 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 and consideration of the advice of the Legal Officer, the Committee agreed that the suspension of the Taxi Driver's Licence held by Mr A P for the unexpired portion of the licence should now take effect.

(v) Reference was made to Article VI(i) of the minute of meeting of this Committee held on 6th October, 2016, wherein it was agreed to suspend Taxi Driver's Licence held by Mr J P for the unexpired portion of the licence.

The Committee noted that the Sheriff had remitted the matter back to the Committee for reconsideration. There was submitted the original information from the Licensing Office relevant to the conduct of Mr J P during the currency of his Taxi Driver's Licence. The Committee gave consideration to the content of the documents. 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.

(vi) Reference was made to Article VII(b) of the minute of meeting of this Committee held on 2nd March, 2017, 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 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 Driver's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the Taxi Driver's Licence held by Mr L R to the meeting of this Committee to be held on 15th June, 2017 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.

(c) TAXI DRIVER/TAXI OPERATOR - SUSPENSION HEARING

Reference was made to Article VIII(c) of the minute of meeting of this Committee held on 2nd March, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr P A during the currency of his Taxi Driver's Licence and Taxi Operators 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 P A during the currency of his Taxi Driver's Licence and Taxi Operators Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 15th June, 2017, to await the outcome of court proceedings and that should any application be submitted by Mr P A for renewal of his Taxi Drivers Licence that that also be submitted for consideration to that Committee on 15th June, 2017, at which time the position in relation to the requirement to complete an approved Taxi Driver Training Course would also be considered. No action would be taken in relation the Taxi Operators Licence held by Mr P A during the intervening period.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 30th March, 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 - SUSPENSION HEARINGS

(i) Reference was made to Article II(b)(iii) of the minute of meeting of this Sub‑Committee held on 12th January, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr D H 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 a letter of information from the Chief Constable relevant to the alleged conduct of Mr D H 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 29th June, 2017 to await the outcome of court proceedings.

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 2nd March, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G McL during the currency of his Taxi Driver's Licence.

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

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

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 29th June, 2017 to await the outcome of court proceedings.

(iii) Reference was made to Article II(c) of the minute of meeting of the Licensing Sub‑Committee held on 2nd February, 2017, wherein it was agreed that a hearing be held in relation to the alleged conduct of Mr G McN 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 McN 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, the Sub‑Committee agreed that no further action be taken and that a verbal warning be issued to the licence holder as to their future conduct.

(iv) Reference was made to Article II(a)(v) of the minute of meeting of the Licensing Sub‑Committee held on 12th January, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr A P 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 A P 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 submitted by the Chief Constable. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed to suspend the Taxi Driver's Licence held by Mr A P for the unexpired portion of the licence with effect from 28th April, 2017 and that the licence holder be given the opportunity to appear at the Licensing Committee on 27th April, 2017 so that a hearing may be held to consider if suspension of the licence should still apply.

(v) Reference was made to Article II(c) of the minute of meeting of the Licensing Sub‑Committee held on 12th January, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr T S during the currency of his Taxi Driver's Licence.

There was submitted a letter of information from the Chief Constable relevant to the conduct of Mr T 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 considered the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 29th June, 2017 to await confirmation as to whether or not the licence holder had submitted an application for renewal of his licence.

(b) TAXI DRIVER/TAXI OPERATOR - SUSPENSION HEARING

Reference was made to Article II(b)(i) of the minute of meeting of the Licensing Sub-Committee held on 12th January, 2017, 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 and Taxi Operator'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 Ms K C during the currency of her Taxi Driver's and Taxi Operators Licences.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Sub-Committee agreed that no further action be taken.

(c) TAXI OPERATOR - SUSPENSION HEARINGS

(i) Reference was made to Article II(b)(i) of the minute of meeting of the Licensing Sub‑Committee held on 2nd February, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G A during the currency of his Taxi Operator's Licence.

There was submitted a letter of information from the Plant and Vehicle Officer relevant to the alleged conduct of Mr G A during the currency of his Taxi Operator's Licence. There was also submitted documentation in support of the licence holder. The Sub-Committee gave consideration to the content of all of the documentation. Thereafter, having heard the Plant and Vehicle Officer, 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 Sub-Committee agreed to issue a verbal warning to the licence holder as to their future maintenance of the vehicles in question and any other vehicles operated by him and that the matter be recalled to the meeting of the Licensing Sub‑Committee to be held on 5th October, 2017 for an update on the operation of the licence.

(ii) Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 2nd February, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr M K during the currency of his Taxi Operator's Licence.

There was submitted a letter of information from the Plant and Vehicle Officer relevant 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 Plant and Vehicle Officer, an agent on behalf of the licence holder, the licence holder on his own behalf and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct and that the matter be recalled to the meeting of the Licensing Sub-Committee to be held on 5th October, 2017 for an update on the operation of the licence.

(d) TAXI DRIVER/PRIVATE HIRE OPERATOR - SUSPENSION HEARING

(i) Reference was made to Article II(d) of the minute of meeting of the Licensing Sub‑Committee held on 12th January, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr S during the currency of his Taxi Driver's Licence and Private Hire Operator's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S during the currency of his Taxi Driver's Licence and Private Hire Operator's Licence. The Sub‑Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Sub-Committee agreed to issue a verbal warning to the licence holder as to their future conduct.

(e) SECOND HAND DEALER'S LICENCE - SUSPENSION HEARING

Reference was made to Article II(d) of the minute of meeting of the Licensing Sub-Committee held on 2nd February, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr J M during the currency of his Second Hand Dealer'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 Second Hand Dealer'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, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 29th June, 2017 to await the outcome of court proceedings.

(f) WINDOW CLEANER'S LICENCE - SUSPENSION HEARING

Reference was made to Article II(b) of the minute of meeting of this Sub-Committee held on 2nd March, 2017, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D M during the currency of his Window Cleaner's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D M during the currency of his Window Cleaner'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, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 29th June, 2017 to await the outcome of court proceedings.

(g) TAXI DRIVER - REQUESTS FOR SUSPENSION HEARINGS

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

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

(h) TAXI DRIVER/TAXI OPERATOR - REQUESTS FOR SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Ms A 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 Ms A 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 M 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 M M to be the holder of a Taxi Driver's Licence and that the licence holder be referred to the PAM Group to establish his medical fitness to continue to be the holder of a Taxi Drivers Licence during the intervening period.

(i)                            TAXI DRIVER/PRIVATE HIRE OPERATOR REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C M during the currency of his Taxi Drivers Licence and Private Hire 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 a hearing be held in due course in relation to the fitness of Mr C M to be the holder of a Taxi Driver's Licence and Private Hire Operator's 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.

(j) TAXI OPERATOR'S LICENCE REQUEST FOR HEARING

There was submitted a letter of information from the Plant and Vehicle Officer relative to the alleged conduct of Company F during the currency of their Taxi Operator's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the Plant and Vehicle Officer, the Sub-Committee agreed that a hearing be held in due course in relation to the fitness of Company F to be the holder of a Taxi Operators Licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 7th April, 2017.

APPENDIX II

Present:-

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Alan G ROSS

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 item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

I DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 30th March, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G McL during the currency of his Taxi Drivers Licence to the meeting of the Licensing Sub‑Committee to be held on 29th June, 2017 to await the outcome of court proceedings.

There was submitted a further letter of information from the Chief Constable relative to the alleged conduct of Mr G McL during the currency of his Taxi Driver's Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Driver's Licence held by Mr G McL be suspended with immediate effect and that a joint suspension hearing be held at the meeting of the Licensing Committee to be held on 27th April, 2017 in relation to the fitness of Mr G McL to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.