Licensing Committee - 02/11/2017

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

 

Present:-

 

COUNCILLORS

 

Kevin CORDELL

Ken LYNN

George McIRVINE

Stewart HUNTER

Alan ROSS

Margaret RICHARDSON

 

Charlie MALONE

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 5th October, 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) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

 

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

 

BOOKING OFFICE LICENCE - NEW APPLICATIONS

 

No

Name

Address

 

1

Dundee City Taxis Ltd

100 Caldrum Street

2

Dundee City Taxis Ltd

Office Suite 1, West Hendersons Wynd

 

CINEMA LICENCE - NEW APPLICATION

 

No

Name

Address

 

1

G1 Group plc

Forgans Brook Street, Broughty Ferry

 

SECOND HAND DEALER - NEW APPLICATIONS

 

No

Name

Address of Premises

 

1

Igors Andrejevs

38 Campbell Street

2

This Way Up

85B Perth Road

3

Thomas Swindells

Unit 13, Napper Mews, Kirk Street

4

John Clark Motor Group Ltd

Dryburgh Industrial Estate

5

Game Retail Ltd

51 Murraygate

 

TAXI DRIVER - NEW APPLICATIONS

 

No

Name

 

1

Steven Soutar

2

MD Zaman

 

WINDOW CLEANER - NEW APPLICATIONS

 

No

Name

 

1

Daniel R Wilson

2

Ryan Knight

3

Douglas Sutherland

 

PRIVATE HIRE OPERATORS LICENCE - NEW APPLICATION

 

No

Name

 

1

Allscotts Airport Transfers & Tours Ltd

 

III HOUSING (SCOTLAND) ACT 2006

 

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

 

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

 

No

Name

Address

 

1

Annabell Christie

Flat 1/R, 20 Perth Road

2

Christine & David Hastings

Flat 64, Horsewater Wynd

3

Artroyd Securities Ltd

6 Bellefield Avenue

 

(b) HOUSE IN MULTIPLE OCCUPANCY - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Person Responsible

Address

 

1

Simon Childs & Susan Clark

Simon Childs

Flat 4/2, 63 Gellatly Street

 

In the case of this application, having heard the Private Sector Services Manager and the applicant on their own behalf, and noting that the person responsible would be Simon Childs, the Committee agreed that the application be granted.

 

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

There was submitted the undernoted application.

 

(a) LATE HOURS CATERING - NEW APPLICATION

 

No

Name

Address

 

1

FN Retail Ltd

Chachi Spice, 315 Hilltown

 

In the case of this application, the Committee noted that a letter of objection had been submitted from the Licensing Standards Officer relevant to this application and that comments had also been received from Neighbourhood Services (Environment Section). The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard from the Licensing Standards Officer 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 in December, 2017 to allow the applicant to be in attendance.

 

 

(b) STREET TRADER - NEW APPLICATION AND REQUEST FOR VARIATION

 

There was submitted the undernoted application and request for variation.

 

No

Name

Nature of Application

 

1

Alan Horn

Car Valet Service

 

In the case of this application, the Committee noted that application had been made for a Street Trader's Licence and that a request for variation had also been made to remove Conditions 9 and 10 from the licence. The Committee gave consideration to the content of the applications. 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 the request for variation requesting the removal of Conditions 9 and 10 from the licence also be granted.

 

(c) SECOND HAND DEALER - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Address

 

1

Charles Sandeman

South Road Motors, 361 South Road

 

In the case of this application, the Committee noted that a letter of representation had been submitted by a member of the public relevant to this application. The Committee noted that the objector was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter of representation. Thereafter, having heard an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

 

(d) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

 

1

Hawkhill Taxi Company Ltd

2

Hawkhill Taxi Company Ltd

3

Kamran Kabs Ltd

 

In the case of Application No 1, the Committee noted that this was an application for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was Samuel Taylor (OP181). The Directors of Hawkhill Taxi Company Ltd were James Clark, James Marr and Samuel Taylor. 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 2, the Committee noted that this was an application for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was James Clark (OP796). The Directors of Hawkhill Taxi Company Ltd were James Clark, James Marr and Samuel Taylor. 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 3, the Committee noted that this was an application for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. The existing licence holder was Brian H Smith (OP472). The Directors of Kamran Kabs Ltd were Brian H Smith, Kamran Sattar and Sidra Asghar. 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.

 

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) LATE HOURS CATERING - NEW APPLICATION

 

Reference was made to Article V(a) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to refuse the application by Company B for renewal of their Late Hours Catering Licence and that should any new application for a Late Hours Catering Licence be received that it be submitted to a meeting of the Licensing Committee for determination.

 

There was submitted an application by Company N for a Late Hours Catering Licence.

 

The Committee gave consideration to the content of the application. Thereafter, having heard the Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

 

(b) ELECTRIC VEHICLE - NEW APPLICATIONS

 

(i) Reference was made to Article V(e) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to defer consideration of the application by Company D to this meeting of the Committee to allow the applicant and the day-to-day manager to come to an agreement.

 

There was submitted an application by Company D for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. There were also submitted letters of objection and a request for variation of the conditions of the licence in relation to this application.

 

The Committee gave consideration to the content of the documentation submitted.

 

Thereafter, having heard an objector on their own behalf, the applicant and the representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application to replace an existing Taxi Operators Licence with an electric vehicle be agreed, subject to the vehicle to be used in operation of the licence being placed on service in March or April, 2018 and that the request for variation for change of day-to-day manager in the operation of the licence not be applied meantime and that the matters be called back to the meeting of this Committee to be held in April, 2018.

 

(ii) There was submitted an application by Company P for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle.

 

There was submitted a letter of information from the Licensing Standards Officer relevant to this application.

 

The Committee gave consideration to the application and the content of the letter received from the Licensing Standards Officer.

 

Thereafter, having heard the Licensing Standards Officer, 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 in December, 2017 to allow the applicant the opportunity to discuss matters with a representative from Legal Services.

 

(iii) There was submitted an application by Company A for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle.

 

There was submitted a letter of information from the Licensing Standards Officer relevant to this application.

 

The Committee gave consideration to the application and the content of the letter.

 

Thereafter, having heard the Licensing Standards Officer, the representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

 

(c) TAXI DRIVER'S LICENCE - RENEWAL APPLICATION

 

Reference was made to Article V(i) of the minute of meeting of this Committee held on 5th October, 2017, wherein it was agreed to defer consideration of the application by Mr R C for renewal of his Taxi Drivers Licence to allow the applicant to attend.

 

There was submitted the original letter of objection from the Chief Constable relevant to the conduct of Mr R C 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.

 

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 refused.

 

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 21st September, 2017, wherein the Taxi Drivers Licence held by Mr S A was suspended with immediate effect and it was agreed that a hearing be held in due course in relation to the fitness of Mr S 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 S 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 his 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 January, 2018 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by Mr S A during the intervening period.

 

(ii) Reference was made to the decision taken by the Head of Democratic and Legal Services in consultation with the Convener on 13th October, 2017, wherein it was agreed to suspend the Taxi Drivers Licence held by Mr T D with immediate effect as he did not meet Group 2 Standards of medical fitness required to be the holder of a Taxi Drivers Licence.

 

There was submitted a copy of the medical report from the PAM Group relevant to the medical fitness of Mr T D to be the holder of a Taxi Drivers Licence.

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having heard the licence holder on his 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 T D to be the holder of a Taxi Drivers Licence to the meeting of this Committee to be held in October, 2018, to await a further report by the PAM Group and that should a further report be received by the PAM Group prior to that date that the matter be delegated to the Head of Democratic and Legal Services in consultation with the Convener to deal with.

 

(iii) Reference was made to Article V(k) of the minute of meeting of this Committee held on 5th October, 2017, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr B L to be the holder of a Taxi Drivers Licence to this meeting of the Committee to await the outcome of the report from the PAM Group on the medical fitness of Mr B L to be the holder of a Taxi Driver's Licence and to continue the immediate suspension of the Taxi Drivers Licence held by Mr B L during the intervening period.

 

There was submitted the original report from the PAM Group on the medical fitness of Mr B L to be the holder of a Taxi Drivers Licence, together with a further report from the PAM Group.

 

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 reports.

 

Thereafter, having considered the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held in January, 2018 to await a report from the PAM Group and if that report indicated that the licence holder now met Group 2 standards, that it be delegated to the Head of Democratic and Legal Services in consultation with the Convener to deal with.

 

(iv) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 5th October, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G M during the currency of his Taxi Drivers Licence to this meeting of the Committee to allow the licence holder to be in attendance.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G 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, 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 and that the licence holder be issued with a verbal warning as to their future conduct.

 

(e) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS AND RENEWAL APPLICATIONS

 

(i) Reference was made to Article V(l) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to defer consideration of the application by Mr M A for renewal of his Taxi Drivers Licence to this meeting of the Committee and to adjourn the hearing in relation to the alleged conduct of Mr M A during the currency of his Taxi Drivers Licence to the meeting of this 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 M A during the currency of his Taxi Drivers Licence, together with a letter of objection which was received from the Chief Constable relevant to the application by Mr M A for 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.

 

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 M A during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held in January, 2018 to await the outcome of court proceedings and to grant the application by Mr M A for renewal of his Taxi Drivers Licence during the intervening period.

 

(ii) Reference was made to Article V(l) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to defer consideration of the application by Mr M A for renewal of his Taxi Drivers Licence to this meeting of the Committee and to adjourn the hearing in relation to the alleged conduct of Mr M A during the currency of his Taxi Drivers Licence to the meeting of this 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 M A during the currency of his Taxi Drivers Licence, together with a letter of objection which was received from the Chief Constable relevant to the application by Mr M A for 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.

 

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 M A during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held in January, 2018 to await the outcome of court proceedings and to grant the application by Mr M A for renewal of his Taxi Drivers Licence during the intervening period.

 

(iii) Reference was made to Article V(l) of the minute of meeting of this Committee held on 5th October, 2017, wherein it was agreed to defer consideration of the application by Mr P A for renewal of his Taxi Drivers Licence to this meeting of the Committee and to adjourn the hearing in relation to the alleged conduct of Mr P A during the currency of his Taxi Drivers Licence to the meeting of this 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 P A during the currency of his Taxi Drivers Licence, together with a letter of objection which was received from the Chief Constable relevant to the application by Mr P A for renewal of his Taxi Drivers Licence.

 

The Committee gave consideration to the content of the letters.

 

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 that no further action be taken and that the application submitted by Mr P A for renewal of his Taxi Drivers Licence be granted with the conditions that he should not pick up or carry vulnerable passengers removed.

 

(iv) Reference was made to Article V(l) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to defer consideration of the application by Mr G B for renewal of his Taxi Drivers Licence to this meeting of the Committee and to adjourn the hearing in relation to the alleged conduct of Mr G B during the currency of his Taxi Drivers Licence to the meeting of this 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 B during the currency of his Taxi Drivers Licence, together with a letter of objection which was received from the Chief Constable relevant to the application by Mr G B for 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.

 

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 G B during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held in January, 2018 to await the outcome of court proceedings and to grant the application by Mr G B for renewal of his Taxi Drivers Licence during the intervening period.

(v) Reference was made to Article V(l) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to defer consideration of the application by Mr R K for renewal of his Taxi Drivers Licence to the meeting of this Committee and to adjourn the hearing in relation to the alleged conduct of Mr R K during the currency of his Taxi Drivers Licence to the meeting of this 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 R K during the currency of his Taxi Drivers Licence, together with a letter of objection which was received from the Chief Constable relevant to the application by Mr R K for 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.

 

Thereafter, having heard a representative of the Chief Constable, and consideration of the advice of the Legal Officer, the Committee agreed to note that no further action was required as the Taxi Drivers Licence held by Mr R K ceased to have effect and also agreed that the application by Mr R K for renewal of his Taxi Driver's Licence be refused.

 

(vi) Reference was made to Article V(l) of the minute of meeting of this Committee held on 7th September, 2017, wherein it was agreed to defer consideration of the application by Mr D P for renewal of his Taxi Drivers Licence to the meeting of this Committee and to adjourn the hearing in relation to the alleged conduct of Mr D P during the currency of his Taxi Drivers Licence to the meeting of this 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 D P during the currency of his Taxi Drivers Licence, together with a letter of objection which was received from the Chief Constable relevant to the application by Mr D P for renewal of his Taxi Drivers Licence.

 

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 that no further action be taken and that the application by Mr D P for renewal of his Taxi Drivers Licence be granted.

 

(f) SKIN PIERCING AND TATTOOIST - SUSPENSION HEARING

 

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 17th October, 2017, wherein it was agreed to suspend the Skin Piercing and Tattooist Licence held by Mr K C with immediate effect and that a hearing be held in due course in relation to the fitness of Mr K C to be the holder of a Skin Piercing and Tattooist Licence.

 

There was submitted a letter of information from the Licensing Standards Officer relevant to the alleged conduct of Mr K C during the currency of his Skin Piercing and Tattooist 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 of the content of the letter.

 

Thereafter, having heard from the Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the Skin Piercing and Tattooist Licence held by Mr K C be suspended for the unexpired portion of the licence with immediate effect.

 

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.

 

VI HOUSING (SCOTLAND) ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION LICENCE - REQUEST BY THE EXECUTOR FOR EXTENSION OF TIME TO WIND UP THE ESTATE OF DECEASED HOUSE IN MULTIPLE OCCUPATION LICENCE HOLDER

 

Reference was made to Article V(c) of the minute of meeting of this Committee held on 5th October, 2017, wherein it was agreed to defer the request from the Executor of the late Mr C W who had been the holder of a Houses in Multiple Occupation Licence for an extension of time to wind up the estate to the meeting of this Committee to allow the agent to be present.

 

There was submitted a request from the Executor of the Estate for an extension of time to wind-up the estate of the late Mr C W who had been the holder of a Houses in Multiple Occupation Licence.

 

Thereafter, having heard an agent on behalf of the Executor and consideration of the advice of the Legal Officer, the Committee agreed to grant a further extension of time to wind up the Estate of the late Mr C W of three months until the meeting of this Committee to be held in February, 2018.

 

 

 

 

Stewart HUNTER, Convener.