Licensing Committee - 13/07/2017

At a MEETING of the LICENSING COMMITTEE held at Dundee on 13th July, 2017.

 

Present:-

 

COUNCILLORS

 

Kevin CORDELL

Alan G ROSS

Charlie MALONE

Stewart HUNTER

 

Margaret RICHARDSON

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 15th June, 2017 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATION OF INTEREST

 

No declarations of interest were made.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) APPROVED LIST OF WHEELCHAIR ACCESSIBLE TAXIS

 

It was reported that the Ford Transit Tourneo Pro Cab (Converted by Allied Vehicles) had been assessed by the Plant and Vehicle Officer and, having received appropriate certification, the Plant and Vehicle Officer recommended that the vehicle be added to the wheelchair accessible vehicle list.

 

The Committee agreed to the vehicle being added to the approved list of wheelchair accessible vehicles.

 

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.

 

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVERS LICENCE SUSPENSION HEARINGS

 

Reference was made to II(a) of the minute of meeting of the Licensing Sub-Committee held on 26th June, 2017, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr M A with immediate effect and to hold a hearing in relation to the fitness of Mr M 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 M 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, 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 in relation to the alleged conduct of Mr M A during the currency of his Taxi Drivers Licence until the meeting of this Committee to be held on 7th September, 2017 and to recall the suspension of the Taxi Drivers Licence held by Mr M A during the intervening period with immediate effect.

 

(ii) Reference was made to Article VIII(d)(vi) of the minute of meeting of this Committee held on 15th June, 2017, wherein it was agreed to continue the suspension of the Taxi Driver's Licence held by Mr D P with immediate effect and to hold a fresh hearing at the meeting of this Committee to be held on 7th September, 2017.

 

It was reported that on the 29th June, 2017, the Sheriff had granted an appeal which had been lodged by Mr D P against the immediate suspension of his Taxi Drivers Licence and had remitted the matter back to the Licensing Committee for reconsideration. The Sheriff had also ordered that the Taxi Drivers Licence held by Mr D P be restored to Mr D P in the intervening period.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr D P during the currency of his Taxi Drivers Licence, together with a copy of the criminal complaint.

 

The Committee gave consideration to the content of the documentation. 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 fitness of Mr D P to be the holder of a Taxi Drivers Licence to the meeting of this Committee to be held on 7th September, 2017 to await the outcome of court proceedings and that no further action be taken in relation to the Taxi Drivers Licence held by Mr D P during the intervening period.

 

(iii) Reference was made to Article ll(a) of the minute of meeting of the Licensing Sub‑Committee held on 15th June, 2017, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr I S with immediate effect and to hold a hearing at this meeting of the Committee in relation to the fitness of Mr I S to be the holder of a Taxi Drivers Licence.

 

Reference was also made to Article VIII(d)(iii) of the minute of meeting of this Committee held on 15th June, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr I S during the currency of his Taxi Driver's Licence as narrated in the letter of 13th July, 2016 from the Chief Constable to allow for further letters of complaint dated 3rd April, 2017 and 6th June, 2017 from the Chief Constable in relation to the alleged conduct of Mr I S during the currency of his Taxi Driver's Licence to be considered at the same hearing.

 

There were submitted letters of information from the Chief Constable relevant to the alleged conduct of Mr I S during the currency of his Taxi Drivers Licence. There was also submitted a letter of objection from the Chief Constable in relation to the application from Mr I S for the renewal of his Taxi Drivers 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 a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to continue the suspension of the Taxi Drivers Licence held by Mr I S with immediate effect and that a fresh hearing be held at the meeting of this Committee to be held on 5th October, 2017 to await the outcome of court proceedings at which time the Committee would also give consideration to the application submitted by Mr I S for renewal of his Taxi Drivers Licence.

 

 

 

 

Stewart HUNTER, Convener.