Licensing Committee - 29/03/2018

At a MEETING of the LICENSING COMMITTEE held at Dundee on 29th March, 2018.

 

Present:-

 

Bailie Willie SAWERS

 

COUNCILLORS

 

Stewart HUNTER

Gregor MURRAY

Margaret RICHARDSON

 

Alan ROSS

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 1st February, 2018 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATION OF INTEREST

 

Councillor Hunter declared a non-financial interest in relation to the item of business at Article VIII(c)(ii) of this minute by virtue of the applicant being known to him in a personal capacity through the course of his duties as a Councillor and left the Chamber prior to its consideration, whereupon, in the absence of the Depute Convener, the Committee unanimously agreed that Councillor Ross take the Chair. Councillor Hunter re-entered the Chamber prior to consideration whereupon he resumed the Chair.

 

II TAXI LIAISON GROUP - MINUTES OF MEETINGS

 

The minutes of meetings of the Taxi Liaison Group held on 20th December, 2017 and 23rd January, 2018 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

 

III LICENSING SUB-COMMITTEE - MINUTES OF MEETINGS

 

The minutes of meetings of the Licensing Sub-Committee held on 11th January, 2018, 1st February, 2018 and 12th March, 2018 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices III, IV and V.

 

IV 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.

 

PRIVATE HIRE OPERATOR - NEW APPLICATION

 

No

Name

 

1

Pirate Boats Ltd

 

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

 

No

Name

Address

 

1

Forthside Leisure Ltd

11 Rollock Street, Stirling

2

DUSA

University of Dundee Campus

 

 

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

 

No

Name

Address

 

1

Meena Singh

East Coast Tattoo, 228-230 Blackness Road

2

Nadia Ramage

c/o 500 Strathmartine Road

 

TAXI DRIVER - NEW APPLICATIONS

 

No

Name

 

1

Lee Bunce

2

David A Fyffe

3

Lee-Ann Holdsway

4

Peter R Kelly

5

Kevin Kerrigan

6

Kevin J Leslie

7

Scott Meek

8

Saifel Zaveri

 

(b) FEES FOR PUBLIC ENTERTAINMENT AND OTHER CIVIC GOVERNMENT (SCOTLAND) ACT 1982 LICENCES - SUGGESTED AMENDMENTS

 

There was submitted Agenda Note AN17-2018 reporting that the fee for a Public Entertainment Licence was 275 irrespective of the size of the event or the work involved in processing the application. It was reported that in other Council areas, the fees were linked to the capacity of the event in question, since the larger the event the more likely it was that more extensive work would be required in dealing with the application.

 

Thereafter, having heard the Legal Officer, the Committee agreed:-

 

(i) that the following fee scale be adopted for public entertainment applications submitted on or after 29th March, 2018:-

 

- Under 200 persons attending 250

- From 201-1,500 persons attending 300

- From 1,501-5,000 persons attending 500

-                                              Over 5,000 persons attending 1,000

 

(ii) that charitable events continue not to be charged a fee;

 

(iii) that funfairs be charged a flat-rate fee of 150;

 

(iv) that the fees at (i) and (iii) above should include the cost of the necessary inspections by officers to ensure that the event was complying with the Councils requirements and this would include one inspection by each relevant department;

 

(v) that if it was necessary for any officers to attend an inspection on a second or subsequent occasion for any event, there would be a charge of 50 for each such additional attendance;

 

(vi) that this charge of 50 for each such additional inspection also be extended to any other Civic Government (Scotland) Act 1982 Licences (other than taxis and private hire cars) where further inspections were required;

 

(vii) to the undernoted new list of fees for certain types of applications for licences under the Civic Government (Scotland) Act 1982 received after 29th March, 2018:-

- Taxi advertising 20

 

- Variation to Taxi/Private Hire Licence other than adverts ie request to vary to a saloon vehicle 50

 

- Variations to material change to circumstances ie change of day to day manager or director 50

 

- Appointment of day-to-day manager 50

 

- Reprint of licence 20

 

- Taxi drivers application includes one test 20 per test within nine months can re-sit as many times as the applicant wishes.

 

(c) PROPOSED AMENDMENT TO RESOLUTION OF ACTIVITIES TO BE COVERED BY PUBLIC ENTERTAINMENT LICENCE

 

There was submitted a paper on the proposed amendment to resolution of activities to be covered by public entertainment licences.

 

The Committee gave consideration to the content of the document. Thereafter, having heard the Legal Officer, the Committee agreed:-

 

(i) to the paper as proposed subject to amendment to reflect that charitable events continue to be exempt from paying a fee, a copy of which is attached to this minute as Appendix VI; and

 

(ii) to note that the proposed amendment would be subject to public consultation for a period of one month and that, subject to no objections, the new licensing requirements would be effective from 1st April, 2019.

 

(d) FARES FOR HIRE OF TAXIS - ANNUAL REVIEW

 

There was submitted Agenda Note AN18-2018 reporting that in terms of the agreed formula, the proposed increase using transport indices was 2.69% which brought about the following changes to the tariffs for hire of taxis which were recommended for approval.

 

Thereafter, having heard the Legal Officer, the Committee agreed:-

 

(i) to the proposed tariffs for hire of taxis as follows:-

 

- Tariff 1 (daytime) 3.02 increasing to 3.10

- Tariff 2 (weekday evenings) 3.32 increasing to 3.41

- Tariff 3 (weekend evenings) 3.62 increasing to 3.72

- Tariff 4 (festive period) 4.23 increasing to 4.34

- Extras - All tariffs for each passenger and luggage 30p increasing to 40p

- Due to a recent change in legislation, the fee for the credit card payments would also be removed.

 

(ii) to note that proposals would have to be advertised and that subject to any public objections or appeal to the Traffic Commissioner, the new scales would take effect from 1st June, 2018;

 

(iii) to note that charges at the Testing Centre would also increase using the same formula; and

 

(iv) to note that the above increases in fares would apply to the initial charge only and that no increase was proposed to the mileage rates.

 

(e) TAXI CCTV - APPROVAL OF SYSTEM

 

There was submitted Agenda Note AN19-2018 reporting that the Taxi Liaison Group, at its meeting on 23rd January, 2018, reviewed two systems from Smartwitness and Matrix Telematics. At the meeting of the Group held on 13th March, 2018, the Group agreed after due consideration that Smartwitness was the one which they wish to be recommended for approval by the Licensing Committee.

 

Thereafter, having heard the Legal Officer, the Committee agreed:-

 

(i) to approve the Smartwitness CCTV system to be installed in taxis; and

 

(ii) that any application requests for variation of licence received for the installation of CCTV systems within the vehicle to be used in the operation of the licence be delegated to the Head of Democratic and Legal Services for determination in consultation with the Convener.

 

(f) TAXI TESTING CENTRE - PROPOSED FEES

 

There was submitted Agenda Note AN20-2018 proposing that the fees for the Taxi Testing Centre be as follows:-

 

Type

Current Fee

Proposed Fee

(from 29/03/2018)

Current Fee

+ 2.69%

Full Test

56

58

(57.51)

Full Electric Vehicle Test

46

47

(47.24)

Full Test Non-Attendance

27

28

(27.73)

Full Test Cancellation (24hrs)

27

28

(27.73)

Taxi Re-Test (Non-Paintwork)

18

18.50

(18.49)

Taxi Re-Test Non-Attendance

9

9

(9.24)

Taxi Re-Test Paintwork

18

18.50

(18.49)

Taxi Re-Test (3 Free re-test items only)

Free

Free

 

Pre-Test (Replacement Vehicles only)

41

42

(42.10)

Pre-Test Non-Attendance

20

20.50

(20.54)

Meter Test

27

28

(27.73)

Taxi Plate/Special Event Disc

16

16

(16.43)

Duplicate Certificate

9

9

(9.24)

MOT (Taxi Testing)

9

9

(9.24)

MOT Test

54.85

54.85

 

Duplicate MOT Certificate

10

10

 

Full Test + Plate

72

74

(73.94)

Full Test + Plate + MOT

81

83

(83.18)

 

Thereafter, having heard the Legal Officer, the Committee agreed that the above proposed fees be adopted and that these be effective from 29th March, 2018.

 

(g) TAXI DRIVER/PRIVATE HIRE CAR DRIVER - AMENDMENT TO CONDITION ON DRESS CODE

 

There was submitted Agenda Note AN21-2018 reporting that the current condition on dress code stated:- "The driver of a taxi or private hire car while plying for hire or carrying a passenger shall comply with the undernoted minimum dress requirements:-

 

- Dress type plain coloured shirt with collar or polo shirt.

 

- Dress type plain coloured blouse/shirt with collar.

 

- Dress type plain coloured trousers.

- Dress type plain coloured skirt or trousers.

 

- Dress type shoes, boots or dress sandals.

 

It was reported following discussion at the Taxi Liaison Group meeting on 13th March, 2018, it was recommended that the reference to plain blouses and shirts and polo shirts be amended to allow patterned blouses and shirts and polo shirts to be worn.

 

The Committee agreed:-

 

(i) to note the current conditions on dress code;

 

(ii) that the dress code be amended to allow patterned blouses and shirts and polo shirts to be worn; and

 

(iii) to note that training shoes, baseball caps, shorts, tracksuits, denim shirt/jeans, casual 'T' shirts and football attire were not permitted.

 

(h) STREET TRADER - NEW APPLICATIONS AND REQUESTS FOR VARIATION

 

There were submitted the undernoted applications.

 

No

Name

Nature of Application

 

1

Pauline Newins

Sale of hot food

2

Raymond Chisholm

Sale of hot food

 

In the case of Application Nos 1 and 2, the Committee noted that application had been made for Street Trader's Licences.

 

The Committee noted that an application had also been made to vary Conditions 9 and 10 which required the vehicle to be moved every 15 minutes and not to return within one hour to allow for the applicants to trade in the provision of hot food from a fixed location at the premises of RCCG House of Praise Car Park, 145 Kingsway. There was submitted a letter of objection from City Development relevant to this application as planning consent for change of use of land was required.

 

Thereafter, having heard the applicants on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted, subject to planning permission being obtained.

 

(i) APPROVED LIST OF ELECTRIC VEHICLES - ADDITION TO LIST

 

It was reported that the Nissan Leaf 40 KW presented by the Taxi Centre 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 approved list of electric vehicles. The Committee approved the above.

 

(j) PRIVATE HIRE OPERATOR - REQUEST FOR VARIATION

 

There was submitted the undernoted application.

 

No

Name

 

1

Alan Guild

 

In the case of this application, the Committee noted that a request for variation had been made to allow for a special events disc to be placed on the vehicle involved in the operation of the licence in place of the white private hire plate which was currently fitted.

 

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.

 

(k) TAXI DRIVER - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

 

1

Craig Lynch

2

Shaun Bryson

3

Richard Knight

4

Scott J Gollan

5

Asadur Rahaman

6

Sahin Rahman

 

In the case of Application No 1, reference was made to Article IV(d) of the minute of meeting of this Committee held on 11th January, 2018, wherein it was agreed to defer consideration of the application to allow the applicant to re-sit the Street Test. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having received confirmation that the applicant had failed to attend the test and having considered the advice of the Legal Officer, the Committee agreed that the application be refused.

 

In the case of Application Nos 2, 3 and 6, the Committee noted that the applicants were not present and agreed that matters be considered in their absence. Thereafter, having noted that the applicants had failed to pass the Street Test, submit their Medical Certificates, SVQ Certificates or provide evidence that they were registered for tax purposes, the Committee agreed that the applications be considered incompetent.

 

In the case of Application Nos 4 and 5, the Committee noted that these applications had been withdrawn from consideration by the applicants.

 

(l) TAXI LIAISON GROUP - REQUEST FOR MEMBERSHIP

 

There was submitted a request from Ryan Todd on behalf of the Dundee Electric Taxi Association requesting membership of the Taxi Liaison Group.

 

It was reported that a deputation request had been received from the GMB Union in relation to this item of business. The Committee agreed to hear the deputation. Thereafter, having heard the deputation, the applicant on his own behalf, and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 3rd May, 2018 to allow for a report to be submitted by the Head of Democratic and Legal Services on the membership and composition of the Taxi Liaison Group.

 

(m) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

 

1

VIP Taxis Ltd Dundee

2

B & C Dundee Ltd

3

CBF Transport Ltd

4

Jamz Taxis Ltd

5

Abertay Cabs Ltd

 

In the case of Application No 1, the Committee noted that an 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 Martin M Chalmers, OP296. Directors of VIP Taxis Ltd, Dundee were Martin M Chalmers, Mark Finnegan and Stephanie Finnegan. 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 an 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 James Sword, OP413. Directors of B & C Dundee Ltd were James Sword, James Stirling and Beth Reilly. 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 an 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 Findlay, OP443. Directors of CPF Transport Ltd were Charles Findlay and Richard Gordon. 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 an 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 Anna Falconer, OP6. Directors of Jamz Taxis Ltd were Anna Falconer, Mark Finnegan and Zoe Louise Finnegan. 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 5, reference was made to Article III(f) of the minute of meeting of this Committee held on 7th September, 2017, wherein the Committee agreed to declare the application incompetent. It was reported that the applicant had subsequently appealed to the Sheriff and that the Sheriff had remitted the matter back to the Committee for reconsideration. The Committee noted that an 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 the late Donald Hardie, OP74. Directors of Abertay Cars Ltd were Mohammed Zubair Hashmi and Quaiser Habib. 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.

 

(n) TAXI OPERATOR REQUESTS FOR EXTENSION - ELECTRIC VEHICLE

 

There were submitted the undernoted applications.

 

No

Name

 

1

Waterfront Taxis

2

WKF Taxis Ltd

 

In the case of Application No 1, reference was made to Article II(f) of the minute of meeting of this Committee held on 1st February, 2018, wherein the Committee agreed to defer the request for an extension of time to place an electric vehicle in service to allow the applicant to find out more details about ordering a vehicle. There was submitted the original request for an extension of the period of time allowed for placing an electric vehicle in service. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that a further extension of time amounting to 28 days for the placing on service of an electric vehicle be permitted and that, should the vehicle be submitted for the Taxi Test during that period and pass the required specifications, the matter be delegated to the Head of Democratic and Legal Services for determination in consultation with the Convener.

In the case of Application No 2, reference was made to Article III(d) of the minute of meeting of this Committee held on 5th October, 2017, wherein the Committee agreed to grant the application for a Taxi Licence to replace an existing Taxi Operators Licence with an electric vehicle. There was submitted an application by WKF Taxis Ltd for an extension of the period of time to place an electric vehicle in service as the vehicle to be placed in service had failed the requirements of the Taxi Test due to tinted windows being fitted to the vehicle. Thereafter, having heard a representative on behalf of the applicant and the applicant on their own behalf, the Committee agreed that the application be granted and that a further extension of time of 28 days for the placing of an electric vehicle in service in the operation of the licence be granted, subject to the applicant submitting evidence to the Licensing Office that the process of placing a vehicle in service was being progressed.

 

V 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

Netherlea Properties Ltd

1/0, 105B Nethergate

2

Netherlea Properties Ltd

2/0, 105B Nethergate

3

Norwood Properties Ltd

G/2, 5 Roseangle

4

Anthony James Stewart Stockan

232 Perth Road

 

(b) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Person Responsible

Address

 

1

Deirdre L M McKean

Deirdre L M McKean

6 Larch Street

2

Deirdre L M McKean

Deirdre L M McKean

9 Larch Street

3

Deirdre L M McKean

Deirdre L M McKean

Flat 2/1, 142 Perth Road

4

Deirdre L M McKean

Deirdre L M McKean

Flat 1/1, 166 Perth Road

5

John B Cape

Deirdre L M McKean

1 Daniel Place

6

John B Cape

Deirdre L M McKean

5 Larch Street

7

John B Cape

Deirdre L M McKean

20 Larch Street

8

Amelia J L Kennedy

Deirdre L M McKean

41 Windsor Street

 

In the case of Application Nos 1 to 8, reference was made to Article III(d) of the minute of meeting of this Committee held on 1st February, 2018, wherein the Committee agreed to defer consideration of the applications to allow the agent to take instructions from their client. Reference was also made to Article VII(a) of the minute of meeting of this Committee held on 15th June, 2017, wherein Application Nos 1 to 8 were granted, subject to the condition "that RCD protection be provided in accordance with the requirements contained in the attached memoranda within a timescale to be agreed with the Private Sector Services Unit". There was submitted the relevant memoranda from the Private Sector Services Manager relevant to this application. It was reported that the applicants had appealed to the Sheriff against the wording of the condition and that the Sheriff had agreed to remit the matter back to the Committee for reconsideration of the wording of the condition. It was reported that the original decision on 15th June, 2017 to grant the licences was otherwise unaffected. Thereafter, having heard the Private Services Sector Manager, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that an amended condition be attached to the licences.

 

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.

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted six applications for Houses in Multiple Occupation Licences which would be managed by Company R. In the case of the first application, the Committee noted that a letter of objection had been received from a member of the public relevant to this application and that a letter of support had been submitted by the managing agent. Observations had also been submitted by the Private Sector Services Manager relevant to all six applications. The Committee noted that the objector to the first application was not present and agreed that the matter be considered in their absence. There being no objectors to the remaining applications, the Committee gave consideration to the content of the objection and the letter of support submitted to the application. 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, subject to the condition that remedial repair be made to fix the hole in the brickwork as narrated in the observations from the Private Sector Services Manager.

 

 

(a) REMOVAL FROM LANDLORD REGISTRATION

 

Reference was made to Article IV(b) of the minute of meeting of this Committee held on 1st February, 2018, wherein it was agreed to defer the hearing in relation to the fitness of Mr S McM to be registered as a landlord to this meeting of the Committee.

 

There was submitted a letter of information from the Private Sector Services Manager relevant to the registration of Mr S McM as a landlord.

 

The Committee noted that the licence holder was not present although he was represented by an agent and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter and a letter of support submitted by the agent advising that a managing agent had been appointed to manage the properties.

 

Thereafter, having heard the Private Sector Services Manager and an agent on behalf of the licence holder, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 3rd May, 2018, subject to the managing agent submitting a Property Management Agreement to the satisfaction of the Private Sector Services Manager and that the properties not be let until the properties were maintained to the required standards and that funding be made available by the licence holder to the Property Management Agent for this purpose and that a programme of works be established for repairs be done.

 

(b) APPLICATIONS FOR LANDLORD REGISTRATION

 

(i) Reference was made to Article IV(a) of the minute of meeting of this Committee held on 1st February, 2018, wherein it was agreed to defer the hearing in relation to the fitness of Mr K OH to be registered as a landlord to this meeting of the Committee to allow outstanding debt to be checked with the Finance Department.

 

The original letter of complaint submitted by the Private Sector Services Manager was submitted.

 

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 Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that Mr K OH be considered not fit and proper and agreed to defer a decision as to whether he should be registered as a landlord to the meeting of this Committee to be held on 3rd May, 2018, to allow the applicant to be present and advice to be given to the agent for the applicant that the Committee had considered the licence holder to be not fit and proper to be registered as a landlord and that refusal of the application would be considered should they not attend in person at the meeting of the Committee to be held on 3rd May, 2018.

 

(ii) There was submitted an application by Mr A T for registration as a landlord.

 

There was submitted a letter of observation from the Private Sector Services Manager relevant to this application.

 

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

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

 

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) REQUEST FOR EXTENSION - DECEASED HOUSES IN MULTIPLE OCCUPATION LICENCE OPERATOR

 

Reference was made to Article V(a) of the minute of meeting of this Committee held on 1st February, 2018, wherein the Committee agreed to the request from the Executor of the late Mr C W who had been a holder of a Houses in Multiple Occupation Licence for an extension of time to wind-up his estate until the meeting of this Committee to allow the managing agent to establish the position in relation to the winding up of the Estate.

 

The Committee gave consideration to the grounds of the application.

 

Thereafter, having heard the managing agent and consideration of the advice of the Legal Officer, the Committee agreed a further extension of time to wind up the estate of the late Mr C W be granted until the meeting of this Committee to be held on 28th June, 2018.

 

(b) ITINERANT METAL DEALER - NEW APPLICATION

 

There was submitted an application by Mr M P for an Itinerant Metal Dealer Licence.

 

There was submitted a letter of objection from the Chief Constable relevant to the application by Mr M P for an Itinerant Metal Dealer Licence.

 

There was submitted a letter of objection from the City Development Department relevant to the application by Mr M P for an Itinerant Metal Dealer Licence.

 

There was submitted a letter of information from the Licensing Standards Officer relevant to the application by Mr M P for an Itinerant Metal Dealer Licence.

 

There was submitted a letter of information from SEPA relevant to the application by Mr M P for an Itinerant Metal Dealers Licence.

 

The Committee gave consideration to the content of the letters.

 

Thereafter, having heard a representative of the Chief Constable, a Licence Standards Officer, an agent on behalf of the applicant, 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 until the meeting of this Committee to be held on 7th June, 2018 to await the outcome of court proceedings and to clarify the involvement of SEPA in the proposed authority for which a licence had been applied.

(c) SECOND HAND DEALER - NEW APPLICATIONS

 

(i) There was submitted an application by Mr A B for a Second Hand Dealer's Licence.

 

There was submitted a letter of objection from the City Development Department relevant to the application by Mr A B for a Second Hand Dealers Licence.

 

There were also submitted comments from the Trading Standards and Building Control relevant to the application by Mr A B for a Second Hand Dealers Licence.

 

The Committee gave consideration to the content of the letters.

 

Thereafter, having heard a Trading Standards Officer, 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 regarding consumer complaints, and that Mr M S and D S do not have any involvement in the business subject to planning approval being obtained and that the application be granted for a period of six months and be effective from when planning and building matters are finalised.

 

(ii) There was submitted an application by Mr D M for a Second Hand Dealer's Licence.

 

There were submitted letters of information from the Building Standards and Neighbourhood Services (Environment) relevant to the application by D M for a Second Hand Dealers Licence.

 

There was submitted the original letter of objection from the Chief Constable relevant to the application by Mr D M for a Second Hand Dealers Licence.

 

The Committee gave consideration to the content of the letters.

 

Thereafter, having heard a Trading Standards Officer, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to the condition that the concerns narrated in the letter from Building Standards be resolved and that a building warrant be granted and that once confirmation had been received from Building Control to Licensing that they have signed off the Building Warrant, the licence would be effective from that time.

 

(d) SECOND HAND DEALER - SUSPENSION HEARING

 

Reference was made to II(a) of the minute of meeting of the Licensing Sub-Committee held on 12th March, 2018, wherein it was agreed to suspend the Second Hand Dealers Licence held by Mr S M with immediate effect and to hold a hearing in relation to the fitness of Mr S M to be the holder of a Second Hand Dealers Licence.

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S M during the currency of his Second Hand Dealers Licence.

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to call a fresh hearing in relation to the alleged conduct of Mr S M during the currency of his Second Hand Dealers Licence at the meeting of this Committee to be held on 7th June, 2018 and to continue the immediate suspension of the Second Hand Dealers Licence held by Mr S M during the intervening period with immediate effect.

 

(e) TAXI OPERATOR REQUESTS FOR VARIATION

 

(i) There was submitted a request for variation from Company T in relation to their Taxi Operator's Licence for an extension of time to place vehicles on the road.

The Committee gave consideration to the grounds of the application.

 

Thereafter, having heard a representative on behalf of the applicant, consideration of the advice of the Legal Officer and noting that the applicant had been previously granted two extensions, the Committee agreed that a further extension of time for placing the vehicles on service amounting to a period of 28 days be permitted.

 

(ii) There was submitted a request for variation from Ms P M in relation to her Taxi Operator's Licence to enable her to substitute a saloon car for an existing wheelchair accessible vehicle.

 

The Committee gave consideration to the grounds of the application, together with supporting information submitted from the applicant and 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 that the application be granted.

 

(f) TAXI OPERATOR REQUEST FOR EXTENSION - ELECTRIC VEHICLE

 

Reference was made to Article III(f) of the minute of meeting of this Committee held on 1st February, 2018, wherein the Committee agreed to defer the request for an extension of time to place the vehicle on service to allow the applicant to find out more details about ordering a vehicle.

 

There was submitted the original request from the applicant for an extension of time to place a vehicle on service.

 

The Committee noted that this request had been withdrawn for consideration by the applicant as they had now placed a vehicle on service.

 

(g) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to VI(f) of the minute of meeting of this Committee held on 11th January, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M A during the currency of his Taxi Driver's Licence 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 Driver's Licence.

 

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

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 3rd May, 2018 to await the outcome of court proceedings.

 

(ii) Reference was made to Article III(f) of the minute of meeting of this Committee held on 11th January, 2018, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr S A 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 S A with immediate effect during the intervening period.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr S A 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 and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter and 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 and to recall the immediate suspension of the Taxi Driver's Licence held by Mr S A.

 

(iii) Reference was made to III(f) of the minute of meeting of this Committee held on 11th January, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G B during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

 

There were submitted the original letters of information from the Chief Constable relevant to the alleged conduct of Mr G B during the currency of his Taxi Driver's Licence.

 

There was also submitted the original letter of information from a member of the public relevant to the alleged conduct of Mr G B during the currency of his Taxi Driver's Licence.

 

There were also submitted letters of support on behalf of the licence holder.

 

The Committee gave consideration to the content of the letters.

 

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, and consideration of the letters of support which had been submitted by the licence holder, the Committee agreed that no further action be taken.

 

(iv) Reference was made to Article III(f) of the minute of meeting of this Committee held on 11th January, 2018, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr M D to be the holder of a Taxi Drivers Licence to await a report from the PAM Group on his medical fitness.

 

There was submitted a letter of information from the PAM Group relevant to the fitness of Mr M D to be the holder of a Taxi Drivers Licence.

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having heard a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing in relation to the fitness of Mr M D to be the holder of a Taxi Driver's Licence and that Mr M D also be required to attend the PAM Group for a further medical to establish his medical fitness to be the holder of a Taxi Drivers Licence, in terms of Section 13(4) of the Civic Government (Scotland) Act 1982 and to continue the suspension of the Taxi Drivers Licence held by M D during the intervening period with immediate effect.

 

(h) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article V(f) of the minute of meeting of this Committee held on 14th December, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Ms A B during the currency of her Taxi Driver's Licence 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 Ms A B during the currency of her Taxi Driver's Licence to await the outcome of court proceedings.

 

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 hearing be adjourned until the meeting of the Committee to be held on 28th June, 2018 to await the outcome of Court proceedings.

 

(ii) Reference was made to Article V(f) of the minute of meeting of this Committee held on 14th December, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr K M during the currency of his Taxi Driver's Licence 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 K M during the currency of his Taxi Driver's Licence.

 

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

 

The Committee gave consideration to the content of the letter.

 

Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held on 7th June, 2018 to await the outcome of Court proceedings.

 

(i) TAXI OPERATOR - ELECTRIC VEHICLE

 

Reference was made to Article V(b) of the minute of meeting of this Committee held on 2nd November, 2017, wherein the Committee agreed to grant the application for a Taxi Licence to replace an existing Taxi Operators Licence for an electric vehicle, subject to the condition that Mr G F remain the day-to-day manager until 29th March, 2018.

 

Thereafter, having heard a representative on behalf of the licence holder and having considered the advice of the Legal Officer, the Committee agreed that Mr G F be removed as day-to-day manager once the electric vehicle to be placed on service in operation of the licence had passed the Taxi Test.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 20th December, 2017.

 

APPENDIX I

 

Present:-

 

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

 

LISA ARCHIBALD (Senior Electoral Services and Licensing Officer), Corporate Services

Brian WOODCOCK (Senior Solicitor, Licensing), Corporate Services

Fraser CRICHTON (Assistant Manager Transport), City Development Services

Craig SOMERS (Environmental Compliance Team Manager), Neighbourhood Services

Barry RODGER (Environmental Compliance Officer), Neighbourhood Services

Daniel GARVEN (Licensing Standards Officer), Neighbourhood Services

Bryan COLEMAN (Licensing Standards Officer, Neighbourhood Services

 

TAXI TRADE REPRESENTATIVES

 

Steve CASHLEY, Dundee 505050 Ltd

Billy RATTRAY, Dundee Private Hire (203020) Ltd

Erik THORESEN, Dundee Hackney Association

Graeme STEPHEN, Dundee Taxi Association

Qaiser HABIB, Dundee City Taxi Drivers Association

George SCULLION, Dundee Taxis

Alan SMITH, GMB Union

Doug INGLIS, Tele Taxis

Chris ELDER, Unite the Union

 

Lisa ARCHIBALD, in the Chair

 

Prior to commencement of the business, the Clerk reported on the sad passing of Mr David Young, Chief Executive of Dundee 203020 Private Hire Ltd, and the personal contribution he had made to the Taxi Trade and as a longstanding member of the Taxi Liaison Group over the years, and it was noted that the thoughts and wishes of the Liaison Group were with his wife and family at this time.

 

I MINUTE OF PREVIOUS MEETING

 

The minute of meeting of the Taxi Liaison Group held on 6th December, 2016 was submitted and noted for information and record purposes.

 

II DUNDEE CITY COUNCIL

 

Items on agenda at request of Dundee City Council:-

 

(a) TAXI FARES

 

Lisa Archibald reported on the above.

 

The Group noted:-

 

(i) that a review of the taxi fares formula would be undertaken in July, 2018;

 

(ii) that in light of the figures submitted, a check would be undertaken with the Head of Transportation as to whether or not it was to be proposed that there would be an increase in the taxi fares structure for 2018/2019; and

 

(iii) that if there was to be an increase on the basis as apparently outlined in the note, that there were no objections from the Liaison Group.

(b) TAXI METERS

 

Lisa Archibald reported on the above. The Group agreed to note that no adjustment is required to the meters fitted within taxis for the year 2018/2019 pending any further increase in taxi fares.

 

(c) TAXI AGE LIMIT

 

Fraser Crichton reported on the above. The Group noted that Fraser Crichton would submit a report to a future meeting of the Taxi Liaison Group on options in relation to the make-up of the taxi fleet in terms of proposals concerning age restrictions on vehicles being placed in service and the range of vehicles which may be considered as meeting the requirements within the testing centre for placing in- service to be operated as taxis, and in particular, saloon vehicles.

 

(d) TAXI TEST FEES

 

Fraser Crichton reported on the above.

 

The Group noted the proposal for the taxi test fee to reduce by the sum of 10 for electric vehicles.

 

(e) ELECTRIC CAR POLICY

 

Lisa Archibald reported on the above.

 

The Group agreed to note:-

 

(i) that Chris Elder had had a meeting with Councillor Fitzpatrick on the current policy and the possibility that hybrid vehicles should be added to the policy;

 

(ii) to note that it was considered by members of the Taxi Liaison Group that the Nissan Leaf electric car was not big enough for the purpose of operating as a taxi vehicle as it had limited storage capacity for luggage carrying for any tourists who were passengers; that currently there were 25% of the vehicles operated as taxis which may fall into that bracket; to note that Fraser Crichton would undertake a review of the vehicles currently in operation as vehicles against the dimensions currently required for testing and report back to a future meeting of the Group; and

 

(iii) to note that Fraser Crichton would contact the Scottish Government to establish the position in relation to hybrid vehicles being placed in service as taxi vehicles.

 

(f) LICENSING STANDARDS OFFICERS

 

Craig Somers reported on the above.

 

The Group noted:-

 

(i) that Mr Somers had previously responded to an enquiry to Chris Elder of Unite the Union in relation to the duties of Licensing Standards Officers employed by Dundee City Council;

 

(ii) that Licensing Standards Officers did not operate 9am-5pm and were subject to a variety of shift patterns throughout the week including weekends;

 

(iii) that there was increasing activity for Licensing Standards Officers which required them to undertake a wider remit of licensing activities and not solely matters in relation to Taxi and Private Hire Licences;

(iv) that there were currently 26 licensing activities within Dundee, which the Licensing Standards Officers had responsibility for, and the fees for these licences each contribute a proportion of their employment costs; to note that in 2017, Licensing Standards Officers dealt with approximately 1,100 applications for renewal of licence and that 90% of these required face-to-face interviews with Licensing Standards Officers in light of Immigration Act and other follow-up work which was required and that in addition, 97 new applications for Taxi Drivers and a further 433 other new licences had been processed by the Licensing Standards Officers and, in addition, they had undertaken inspections of 269 licensed premises as part of their workload;

 

(v) the wish of the Liaison Group for further enforcement of the Taxi Trade and, in particular, for those drivers who were not adhering to the dress code in the interests of conveying a positive message to the public of Dundee and visitors to the City and the negative impact that this was having within The Trade as a whole;

 

(vi) the action taken by Licensing Standards Officers in relation to non-display of the licensed taxi badge or non-adherence to the dress code and that this had generated to date 117 complaints being made against Taxi Drivers by the Licensing Standards Officers and that, on occasions, where there were repeat infringements, these were reported to the Committee for their consideration of the suitability of the person to be the holder of a Taxi Drivers Licence;

 

(vii) that the function of the Licensing Standards Officers was as laid out in legislation and, in particular, the Air Weapons and Licensing (Scotland) Act 2015;

 

(viii) that the dress code for Taxi Drivers would be re-examined and reported for consideration of a future meeting of the Liaison Group;

 

(ix) that cooperation was requested from The Trade to make Licensing Standards Officers aware of Taxi Drivers who were not adhering to licensing conditions and also any unlicensed activity that they were aware of including the possibility of any particular driver not being the holder of a badge and insurance;

 

(x) that the possibility of a display notice being placed within the taxi vehicle at the position where the road tax disc would have been displayed giving notice of the Taxi Driver on service and a picture of them, for reason of identification for members of public, and also other members of The Trade, so that they would be assured that the person who was driving the taxi was in fact licensed, had been examined and costed by the City Council and would mean an increase in fees for the Taxi Trade, however, the matter would be re-examined and perhaps proposed as part of the fees for the year commencing 2019/2020; and

 

(xi) to note that it was estimated that this would mean an additional 5 being placed on the fees for licence and that there were no objections from the Taxi Liaison Group to this proposal and that this matter would be considered and costed as part of the proposals for the next years increase in fees and to note that in the event that it was agreed this would also be required to be added to the conditions of licence.

 

(g) GROUP 2 STANDARDS MEDICALS FOR DRIVERS OVER 65

 

Lisa Archibald reported on the above. The Group noted:-

 

(i) that the current cost of referring an individual to the PAM Group to establish their medical fitness amounted to 350.

 

(ii) the % age makeup of the current licence holders within Dundee and that should it be proposed for licence holders over the age of 70 to be referred to the PAM Group that this would have considerable impact on the fees;

(iii) as indicated by Chris Elder that bus drivers were required to get a medical fitness referral test at the age of 45 years and then every five years thereafter; and

 

(iv) that the members of the Liaison Group were content at this moment in time to maintain the status quo in relation to licence holders who may be submitted for medical fitness tests at the PAM Group and not to make them required automatically due to age alone.

 

(h) TRANSPORTATION ISSUES

 

Fraser Crichton reported on the above. The Group agreed to note the concerns of Fraser Crichton in relation to the importance of vehicles having cargo nets in order to secure luggage while it was being transported securely and any other shopping and that this was now being supported by VOSA and that any licence holders who were submitting their vehicles for tests in this fashion were encouraged to ensure that in the event that there were no luggage compartments within their vehicle that they ensured that cargo nets were provided and fitted for the purpose of securely transporting luggage and shopping while in transit.

 

III DUNDEE TAXI ASSOCIATION

 

Items on agenda at request of Dundee Taxi Association:-

 

(a) BOOGIE BUS SITTING ON RANK AT REWIND NIGHT CLUB

 

Graeme Stephen reported on the above. The Group agreed:-

 

(i) to note that this matter had generated a number of complaints from members of Dundee Taxi Association;

 

(ii) to note that as advised by Lisa Archibald this was a police matter and would require to be reported to them for appropriate action; and

 

(iii) to note that as indicated by Erik Thoresen this was not simply a matter for the Rewind Nightclub rank but all ranks within Dundee.

 

(b) CAN WE HAVE LINE MARKINGS ON RANKS LOOKED AT NO MARKINGS AT ALL AT THE ROCK PUB RANK

 

Graeme Stephen reported on the above.

 

The Group agreed:-

 

(i) to note that there was an issue in relation to the faded markings on ranks within Dundee and that there were issues in relation to Private Hire vehicles parking at these areas inappropriately and that the matter should be investigated by Roads and Transportation

 

(c) WOULD IT BE POSSIBLE TO HAVE THE WHITE LINE ON SO CALLED MIDDLE ROAD AT MUSEUM RANK MOVED OVER A BIT

 

Graeme Stephen reported on the above.

 

The Group noted the concerns and that the proximity of the white lines to the rank could lead to taxis being damaged by public vehicles as they passed that area.

 

(d) TINTED GLASS IN TAXIS

 

Graeme Stephen reported on the above.

(i) The Group agreed to note that this matter would be further considered in January, 2018 once the issue in relation to the CCTV systems which may be operated within taxis and private hires was resolved;

 

(ii) to note that a darker tint of glass was more common now on vehicles and there was a greater cost to Taxi Drivers to have this changed on any vehicle they had ordered to be operated as a taxi; and

 

(iii) to note that it was perceived by The Trade that there was a better specification of vehicles available for use to be operated as taxis which had tinted windows.

 

(e) WOULD THERE BE ANY CHANCE OF HAVING MCDONALD STREET AND HILLTOWN TERRACE CHANGED TO A ONE-WAY LOOP

 

Graeme Stephen reported on the above.

 

The Group noted that this matter would be examined by Roads and Transportation.

 

(f) PARKING ON TAXI RANKS

 

Graeme Stephen reported on the above.

 

The Group noted that it was perceived there were problems with people parking in ranks and that there would be a requirement for enforcement to be carried out by traffic wardens as appropriate.

 

(g) IS IT POSSIBLE TO HAVE A 20 MINUTE WAITING CHARGE ON PARKING AT BOTTOM OF HILLTOWN?

 

Graeme Stephen reported on the above.

 

The Group noted that it was suggested that by placing a 20 minute minimum charge at the Hilltown Rank this would possibly avoid people misusing the rank to avoid paying current parking charge of 2.60 for up to two hours.

 

(h) TAXI ROOF SIGNS

 

Graeme Stephen reported on the above.

 

The Group agreed to note:-

 

(i) that it had been perceived that there was inconsistency in the passing at the Taxi Test Station in relation to taxi roof signs and Mr Stephen was requested to advise Fraser Crichton of further information in relation to the matter so that it may be investigated to allow for consistency of testing at the Test Centre; and

 

(ii) Mr Stephen also reported concerns in relation to what appeared to be certain vehicles operating in Dundee with what looked like a blue light on the roof being used as a taxi sign.

 

(i) CHARGES FOR CREDIT CARDS

 

Graeme Stephen reported on the above.

 

The Group agreed to note:-

 

(i) that as of 13th January, 2018 the Government said that there would no longer be a charge for using credit cards;

 

(ii) that when fees were paid by licence holders, that they were currently being charged 2.5% for using a credit card; and

(iii) that the implementation of this legislation would be examined by Lisa Archibald as it would have a further impact not simply for licence holders but for all other Council offices within Dundee.

 

(j) ELECTRIC CHARGING POINTS

 

Graeme Stephen reported on the above.

 

The Group agreed:-

 

(i) that it was alleged that there was a misuse of the use and operation of rapid chargers to the detriment of other people who require to use that service;

 

(ii) to note that all rapid chargers would be looked at with a view to upgrading them to alleviate any concerns in relation to design issues;

 

(iii) to note that in terms of hubs for charging points that Lochee had four rapid chargers on it and these would be operational in January, 2018 and that the hub at Queen Street, Broughty Ferry, was on hold pending upgrading works being undertaken by Network Rail to the platform and it was anticipated that work would commence in February or March, 2018 and would be completed over six weeks after which four rapid chargers would be operational; and

 

(iv) that transportation were currently examining the possibility of implementing an app for booking purposes so that a slot may be guaranteed at any charging point.

 

(k) WHITE PLATES ON PEOPLE CARRIERS THAT ARE GRANTED FOR AIRPORT WORK ETC

 

Graeme Stephen reported on the above.

 

The Group agreed:-

 

(i) to note that there was concern in relation to perception that licence holders who had placed a vehicle on service for airport or event work were undertaking other work as private hire so as to avoid placing a vehicle in service as an electric vehicle; and

 

(ii) that this matter in relation to the conditions of special events vehicles and the use of the special events disc in place of a white plate would be investigated by the Licensing Office so as to avoid any misunderstanding as to the terms of the licence of operation for those vehicles.

 

IV DUNDEE CITY TAXI DRIVERS' ASSOCIATION

 

Items on agenda at request of Dundee City Taxi Drivers' Association:-

 

(a) SUSPENSION OF DRIVERS

 

Qaiser Habib reported on the above.

 

The Group agreed:-

 

(i) to note the grounds on which Police Scotland would report any licence holder for possible suspension of the licence;

 

(ii) to note the reporting process on infringements or offences;

 

(iii) to note that only the Licensing Committee could suspend any particular licence holder through receipt or consideration of any request in relation to the alleged conduct;

(iv) to note that each case was considered on its own merits; and

 

(v) to note that any licence holder suspended by the Licensing Committee may appeal to Court for the suspension of their licence to be lifted with the assistance of a Solicitor.

 

(b) CAB ENFORCEMENT/POLICE UNSATISFACTORY SERVICES

 

Qaiser Habib reported on the above.

 

The Group agreed to note that any concerns in relation to dissatisfaction with action carried out by the Police would require to be reported to Police Scotland for investigation.

 

(c) LICENCES/RENEWAL APPLICATION PROCESS

 

Qaiser Habib reported on the above.

 

The Group agreed:-

 

(i) to note that Home Office guidance required face-to-face interview with individual drivers on certain occasions and that online applications were not suitable for non-UK residents; and

 

(ii) to note that the previous operation of online applications had evidenced that they were welcomed by licence holders and that this would be examined for application in 2019/2020 for reintroduction.

 

(d) INSUFFICIENT CHARGING POINTS FOR ELECTRIC VEHICLES

 

Qaiser Habib reported on the above.

 

The Group agreed:-

 

(i) to note that once technology was upgraded that extra strength chargers may be available and implemented accordingly;

 

(ii) to note the concern that members of public were using charging stations inappropriately and going shopping while their vehicles were on charge;

 

(iii) to note the advice of Fraser Crichton that evidence would suggest that any members of public misusing the charging station were being issued with a ticket by wardens; and

 

(iv) to note that once the hubs were operational that it was anticipated that any problems in relation to misuse by members of the public would be relieved.

 

V GMB UNION

 

Items on agenda at request of GMB Union:-

 

(a) PLATES TAPED ON CARS

 

Alan Smith reported on the above.

 

The Group noted that:-

 

(i) over the last 18 months there had been an issue with the tape used by the Taxi Test Station and that this had been made more of an issue by bumpers on vehicles becoming more rounded which was making it more difficult to fix the plate to the vehicle and that the only other solution was a plate holder which meant drilling holes in the car for the bracket which may not be welcomed by the licence holder;

 

(ii) the experience of Graeme Stephen that he had applied clear silicone to his plate and had fixed this to the bumper and that he had not encountered any problems since then but however he did feel that it was not so much the concern in relation to the tape coming off the car as it coming off the plate, and that may mean the material being used for the place being re-examined;

 

(iii) that Chris Elder indicated information he had noticed in a magazine which mentioned about a fitting on a plate which allowed it to be fitted into holder conveniently at the back of a taxi securely; and

 

(iv) to note that Fraser Crichton would further examine the possibility of clear silicone being used for the purposes of fixing a plate to a taxi.

 

(b) ON CONVERTING HACKNEY TO CORPORATE - INTRODUCE A TIME LIMIT ON RESIGNING AS DIRECTOR

 

Alan Smith reported on the above.

 

The Group agreed:-

 

(i) to note the operation of the policy as outlined by Lisa Archibald;

 

(ii) to note that did not allow for a minimum period to be stipulated for anyone to be a Director; and

 

(iii) to note that, at present, the new car had to be put in service within 28 days and once the car was put in service a Director could surrender their Directorship.

 

(c) METER PRICE RISES

 

The Group agreed to note that this matter had been considered already.

 

VI UNITE THE UNION

 

Items on agenda at request of Unite the Union:-

 

(a) "WE HAVE CONTACTED COUNCILLOR STEWART HUNTER REGARDING THE LACK OF ENFORCEMENT FROM OUR LICENSING STANDARDS OFFICERS, HE HAS INSTRUCTED US TO HAVE THIS DISCUSSED AT THE NEXT TAXI LIAISON MEETING.

WE HAVE SURVEYED OUR MEMBERS REGARDS THE TRADES LICENSING STANDARDS OFFICERS, DUNDEE CITIES LICENSING BOARD GAVE ASSURANCES THAT AS FROM THE 1ST JUNE, 2017 THESE OFFICERS WOULD BE SEEN TO BE OUT ENFORCING LICENSING CONDITIONS AND MAKE SURE ALL DRIVERS OPERATING WERE IN POSSESSION OF THEIR NEW TAXI LICENCE. OUR MEMBERS REPRESENT APPROXIMATELY A THIRD OF ALL TAXI DRIVERS LICENSED IN THE CITY AND THE RESULT OF OUR SURVEY IS THE OFFICERS ARE NOWHERE TO BE SEEN.

THE TAXI TRADE AS YOU ARE AWARE IS A 24/7 BUSINESS AND MOST DEMANDING AT WEEKENDS, ENFORCEMENT SHOULD BE ENFORCED ON A 24/7 BASIS AND PREDOMINATELY AT WEEKENDS WHEN THE MAJORITY OF TAXIS ARE PLYING FOR HIRE.  IF OUR SURVEY FINDINGS ARE WRONG IM SURE THE LICENSING STANDARDS OFFICERS KEEP A LOG OF TIMES, DATES AND LICENSE NUMBERS OF ALL TAXI DRIVERS WHO HAVE BEEN CHECKED?  IF THIS IS NOT THE CASE WHEN CAN WE EXPECT TO SEE THEM OUT DOING THE JOB THAT IS REQUIRE OF THEM?   IF THEY ARE INCAPABLE DUE TO COMMITMENTS TO OTHER DUTIES MAYBE THE LICENSING DEPARTMENT SHOULD CONSIDER REPLACING THEM WITH A DEPARTMENT DEDICATED TO OUR TRADE!

WE WOULD LIKE IN ATTENDANCE CRAIG SOMERS (ENVIRONMENTAL COMPLIANCE TEAM MANAGER), THIS WILL GIVE MR SOMERS THE OPPORTUNITY TO PUT HIS CASE FORWARD AND GIVE AN EXPLANATION AND ANSWERS FOR OUR CONCERN STATED ABOVE.  THESE OFFICERS SHOULD HAVE SET HOURS AND WE WOULD LIKE ANSWERS FROM MR SOMERS OF WHAT THESE HOURS ARE?

OUR MEMBERS FEEL THEY HAVE DONE THEIR BIT OBTAINING THE RIGHT QUALIFICATIONS TO DO THE JOB REQUIRED OF THEM BUT FEEL LET DOWN AS DRIVERS COULD BE OPERATING WHO HAVE NOT, IF IT ISNT ENFORCED WHO WOULD KNOW."

 

Chris Elder reported on the above.

 

The Group agreed:-

 

(i) to note that complaints to Licensing Standards Officers had to be put in an e-mail or writing and that the Licensing Office were happy to be of assistance to any member of the public or licence holder who wished to put in any complaints to allow that matter to be investigated and that they would note details of any complaint made verbally at the public counter for the licence holder or member of the public to sign it for processing and submission as an official complaint.

 

(b) "INFORMATION TO THE TAXI OFFICES REGARDING ALLOCATING JOBS FROM THEIR OFFICE IE THERE IS A DISPUTE REGARDING DOING JOBS LIKE ANGUS TO ANGUS, TAYPORT TO NEWPORT AND ANGUS TO PERTH ETC. WE HAVE TOLD DRIVERS THEY MUST BE HIRED IN OUR AREA OR FROM AN OUTSIDE BOUNDARY BACK INTO OUR AREA AS THEY ARE A DUNDEE LICENSED TAXI FOR THE CITY OF DUNDEE. COULD YOU LET ME KNOW REGARDING DUNDEE TAXIS DOING REGULAR CONTRACT FOR ANGUS COUNCIL IS THIS LEGAL IE ANGUS TO ANGUS"

 

Chris Elder reported on the above.

 

The Group agreed:-

 

(i) to note the advice of Brian Woodcock that only licensed taxis and private hire cars in Dundee could do a job that started in Dundee and ended in Dundee and that the Licensing Office would arrange for a letter to be issued to all Taxi Offices in Dundee explaining this position and to encouraging them to accord with this;

 

(ii) to note that advice to this effect would also be placed on the Licensing pages on the Dundee City Council website; and

 

(iii) to note that Brian Woodcock would draft a suitably worded letter and notice for placing on the website for the next meeting of the Taxi Liaison Group for approval.

 

(c) PROVISION OF TOILETS - TAXI RANKS

 

Chris Elder reported on the above.

 

The Group agreed to note that, having consulted the Councils Property Manager, there were no capital monies identified in the capital plan for provision of toilets.

(d) BUS LANES - NINEWELLS HOSPITAL

 

Chris Elder reported on the above.

 

The Group agreed:-

 

(i) to note the consideration of the Taxi Trade that restrictions on taxis using bus lanes at Ninewells be lifted as there was currently a set price for jobs for the NHS and also meant that the cost of any potential journey for a member of the public from Accident and Emergency to the front door of Ninewells would amount to 6 and that the matter would be submitted to Neil Gellatly for further consideration.

 

(e) "HI LISA, AS YOU KNOW I HAD A MEETING WITH MR FITZPATRICK REGARDING OUR CONCERNS REGARDING THE ELECTRIC TAXI POLICY SET OUT BY THE COUNCIL WE FEEL THAT RANGE EXTENDED AND HYBRID TAXIS SHOULD BE ADDED TO THIS POLICY COULD YOU PUT THIS ON THE AGENDA FOR DISCUSSION AT THE LIAISON MEETING ON 29TH NOVEMBER PLEASE, CHRIS UNITE"

 

The Group agreed to note that this matter had been covered on the agenda at Article II(e).

 

VII TAY TAXIS

 

Items on the agenda at request of Tay Taxis:-

 

(a) TAXI BADGE TEST

 

(b) SVQ

 

(c) 3 TINTS IN TAXI WINDOWS

 

(d) AGE AND TYPE OF VEHICLE

 

The Group agreed to note that in the absence of George Harris of Tay Taxis, the above matters were not considered at this meeting.

 

VIII DATE OF NEXT MEETING

 

The Group noted that the next meeting of the Taxi Liaison Group would be held on Tuesday, 23rd January, 2018.

 

 

 

 

Lisa ARCHIBALD, Chair.

 

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 23rd January, 2018.

 

APPENDIX II

 

Present:-

 

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

 

Elaine DOAK for (Lisa ARCHIBALD) (Senior Electoral Services and Licensing Officer), Corporate Services

Brian WOODCOCK (Senior Solicitor, Licensing), Corporate Services

Mark DEVINE (Transportation Officer), City Development Services

Barry RODGER (Environmental Compliance Officer), Neighbourhood Services

Daniel GARVEN (Licensing Standards Officer), Neighbourhood Services

Bryan COLEMAN (Licensing Standards Officer), Neighbourhood Services

 

TAXI TRADE REPRESENTATIVES

 

Erik THORESEN, Dundee Hackney Association

Bill RATTRAY, Dundee Private Hire (203020) Ltd

Qaiser HABIB, Dundee City Taxi Drivers Association

Graeme STEPHEN, Dundee Taxi Association

George SCULLION, Dundee Taxis Ltd

George HARRIS, Tay Taxis,

Doug INGLIS, Tele Taxis

Chris ELDER, Unite the Union

 

ALSO IN ATTENDANCE

 

Robert DONNACHIE (Chargehand Mechanic), City Development Services

Charlie DUTHIE, Tay Taxis

John CURRAN, Unite The Union

 

Barry RODGER, in the Chair.

 

I MINUTE OF PREVIOUS MEETING

 

The minute of meeting of the Taxi Liaison Group held on 20th December, 2017 was submitted and noted for information and record purposes.

 

II DUNDEE CITY COUNCIL

 

Items on agenda at request of Dundee City Council:-

 

(a) TAXI FARES - REVIEW 2018/2019

 

Mark Devine, Transportation Officer with City Development Services outlined the proposal that the taxi fares structure for 2018/2019 be increased in the sum of four pence on the flag fare. Mr Devine explained to the Group the methodology in the fares structure and the calculations used for this purpose.

 

Following discussion, the Group agreed to note that Taxi Trade representatives would discuss this proposal with their members and submit their comments in this regard to Lisa Archibald, Senior Electoral Services and Licensing Officer with Corporate Services no later than 19th February, 2018 to allow for a report to be submitted to the meeting of the Licensing Committee to be held in March, 2018 and that Mark Devine would be remitted to submit figures on the possible increase for 2019/2020 to the meeting of the Liaison Group to be held in September, 2018.

 

(b) CCTV SYSTEMS

 

Alan Jones of Matrix Telematics and Jack Boorman of Smart Witness gave presentations to the Group on the CCTV Systems provided by their companies which may be installed for the purpose of recording of imagery within vehicles.

 

Thereafter, having discussed the merits of each individual system the Group agreed that the CCTV system provided and installed by Smart Witness appeared to best meet the needs of the Taxi Trade in terms of product, performance and maintenance and also security of imagery captured by the camera as required by Dundee City Council and that the matter would be further discussed at the next meeting of the Taxi Liaison Group.

 

III DATE OF NEXT MEETING

 

The Group noted that the next meeting of the Group may be held in March, 2018.

 

 

 

 

Barry RODGER, Joint Chair.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 11th January, 2018.

 

APPENDIX III

 

Present:-

 

Councillor Stewart HUNTER

Bailie Willie SAWERS

Councillor George McIRVINE

 

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 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 DRIVERS LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article II(d)(vi) of the minute of meeting of the Licensing Sub‑Committee held on 5th October, 2017, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr I B during the currency of his Taxi Driver's Licence.

 

There was submitted a letter of information from the Environmental Compliance Officer relative to the alleged conduct of Mr I B during the currency of his Taxi Drivers Licence.

 

The Sub-Committee gave consideration to the content of the letter.

 

Thereafter, having heard the licence holder on their own behalf, a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the hearing be adjourned until the meeting of the Sub-Committee to be held on 29th March, 2018 to allow for an update on payment of the Fixed Penalty Notice to be provided.

 

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

 

There was submitted a letter of information from the Environmental Compliance Officer relative to the alleged conduct of Mr 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 Environmental Compliance Officer, 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 final written warning as to their future conduct.

 

(iii) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 14th December, 2017, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr R C during the currency of his Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr R C during the currency of his Taxi Drivers Licence. There was also submitted a further letter of information relevant to the alleged conduct of Mr R C.

 

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 letters.

 

Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the hearing be adjourned until the meeting of the Sub-Committee to be held on 29th March, 2018 to allow for a joint hearing to be held on both matters.

 

(iv) Reference was made to Article II(a)(ii) of the minute of meeting of this Sub-Committee held on 5th October, 2017, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M J during the currency of his Taxi Driver's Licence to this meeting of the Sub-Committee, to await the outcome of court proceedings.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr M J during the currency of his Taxi Driver's Licence, together with a letter of information from a Licensing Standards Officer.

 

The Sub-Committee gave consideration to the content of the letters.

 

Thereafter, having heard the representative of the Chief Constable, an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken, subject to receiving confirmation that the licence holder continued to be eligible to remain within the United Kingdom.

 

(v) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 14th December, 2017, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr P L during the currency of his Taxi Driver's Licence.

 

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

 

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

 

The Sub-Committee gave consideration to the content of the letter.

 

Thereafter, having heard 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 March, 2018 to await the outcome of court proceedings.

 

(vi) Reference was made to Article II(d)(vi) of the minute of meeting of the Licensing Sub‑Committee held on 5th October, 2017, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr B McG during the currency of his Taxi Driver's Licence.

 

There was submitted a letter of information from the Environmental Compliance Officer relative to the alleged conduct of Mr B McG 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 from the Licensing Standards Officer 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 March, 2018 to allow the licence holder to be present and that the licence holder be advised that non-attendance may mean the matter being considered in their absence.

 

(vii) Reference was made to Article II(d)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 5th October, 2017, wherein it was agreed to hold a suspension hearing 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 relative to the alleged conduct of Mr G McN 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 March, 2018 to await the outcome of court proceedings.

 

(viii) Reference was made to Article II(d)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 5th October, 2017, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr S M during the currency of his Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S 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 on behalf 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 the licence holder be issued with a verbal warning as to their future conduct.

 

(b) TAXI OPERATOR - UPDATE

 

Reference was made to II(c) of the minute of meeting of the Licensing Committee held on 5th October, 2017, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M K during the currency of his Taxi Operator's Licence to this meeting of the Licensing Sub‑Committee to allow the licence holder to be present.

 

There was submitted the original letter of information from the Assistant Corporate Fleet Manager relevant to the alleged conduct of Mr M K during the currency of his Taxi Operator's Licence.

 

Thereafter, having heard from the Legal Officer, the Sub-Committee agreed that no further action be taken, subject to the licence holder maintaining the vehicle to be used in the operation of the licence to the required standard.

 

(c) TAXI DRIVER'S LICENCE - REQUEST FOR HEARING

 

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

 

The Sub-Committee gave consideration to the content of the letter.

Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr G D to be the holder of a Taxi Driver's Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 1st February, 2018.

 

APPENDIX IV

 

Present:-

 

Councillor Stewart HUNTER

Councillor Ken LYNN

Councillor George McIRVINE

 

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 ground 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 DRIVERS LICENCE - REQUEST FOR HEARING

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D O during the currency of his Taxi Driver 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 a suspension hearing be held in due course in relation to the alleged conduct of Mr D O during the currency of his Taxi Drivers Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 12th March, 2018.

 

APPENDIX V

 

Present:-

 

Councillor Stewart HUNTER

Councillor Alan ROSS

Councillor George McIRVINE

 

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 ground 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) SECOND HAND DEALERS LICENCE - REQUEST FOR IMMEDIATE SUSPENSION

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr S 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 the Second Hand Dealers Licence held by Mr S M be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr S M to be the holder of a Second Hand Dealers Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

APPENDIX VI

 

PUBLIC ENTERTAINMENT LICENCE

 

All activities that fall under the definition of a public entertainment licence, should be licensed irrespective of whether or not participation in the event is on payment or is free.

The proposed fees would be as follows:

 

-                                              Under 200 persons attending 250

-                                              From 201-1,500 persons attending 300

-                                              From 1,501-5,000 persons attending 500

-                                              Over 5,000 persons attending 1,000

 

Current Activity

 

(Suggested additional categories/changes are in bold italics)

 

Proposed Action

Reasons

Billiard, snooker and pool halls

Retain this category

The majority of the premises providing this activity will be licensed under the Licensing (Scotland) Act 2005 and exempt from public entertainment licensing. However a licence is required if these activities are provided out with core licensed hours.

 

Firework and/or bonfire displays (for fee paying and non-fee paying public displays)

Retain these activities and extend the requirement to include no-fee paying events

All non-fee paying firework displays and bonfires are brought within the licensing scheme it will ensure that relevant health and safety and fire safety requirements are complied with.

 

The category would apply to any public display only - private parties, weddings etc, would be exempt.

 

Circuses, Carnivals and Fun Fairs, including merry-go-rounds, roundabouts, swings, switchback railways, skittle alleys, coconut shies, hooplas, shooting galleries, mechanical riding, driving or boating apparatus, or anything similar to any of the foregoing

Retain these activities and extend the requirement to include no-fee paying events

Licensing of such events will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments. It will also ensure that issues such as capacity of premises, stewarding, first aid arrangements, toilet facilities, noise management etc, are addressed through the licensing process.

 

 

Public dance halls including disco dancing establishments

Retain this activity when not used as a licensed premises as defined by the Licensing (Scotland) Act 2005 and The Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2007 and extend the requirement to include no‑fee paying events

Licensing of such events will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments. It will also ensure that issues such as capacity of premises, stewarding, first aid arrangements, toilet facilities etc, are addressed through the licensing process.

 

Leisure and sports centres (to include wrestling, boxing, cage fighting and martial arts events)

Retain these activities (where not already covered by an Indoor Sports Entertainment Licence)

Licensing of such events will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments. It will also ensure that issues such as capacity of premises, stewarding, first aid arrangements, toilet facilities etc, are addressed through the licensing process.

 

Ice Rinks, Indoor Skate Parks

Retain this activity and extend the requirement to include no‑fee paying events

Licensing of such events will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments. It will also ensure that issues such as capacity of premises, stewarding, first aid arrangements, toilet facilities, noise management etc, are addressed through the licensing process.

 

Sun Tanning Premises

Premises to be added as they are required to be included on health and safety grounds

Licensing of this activity will ensure that the relevant health and safety requirements are complied with including appropriate risk assessments. Additional conditions could be applied to UVB sun tanning premises.

 

Premises used for laser displays or laser games or paint ball games

Premises to be added as they are required to be included on health and safety grounds

Licensing of such premises will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments. It will also ensure that issues such as capacity of premises, staffing levels, first aid arrangements, toilet facilities etc, are addressed through the licensing process.

 

Any public shows of any description whatever (including agricultural shows, flower shows and displays)

Retain this activity and extend the requirement to include no‑fee paying events

Licensing of such events will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments. It will also ensure that issues such as capacity of premises, stewarding, first aid arrangements, toilet facilities etc, are addressed through the licensing process.

 

Premises used for health and fitness activities, including gymnasia and saunas

Premises to be added as they are required to be included on health and safety grounds

Licensing of such premises will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments. Health and Fitness activities are defined as including:

 

?         Gyms

?         Sports Centres

?         Fitness Classes

?         Swimming Pools

?         Leisure Centres

 

A club would be deemed to be private only where members hold continuous annual membership. Thus a premises which allows guests to be signed in by a club member would require a licence.

 

Indoor Play Areas for Children

Premises to be added as they are required to be included on health and safety grounds

Licensing of such premises will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments etc, are addressed through the licensing process.

 

Indoor or open air music concerts (including live band performances, electronic music and musical shows)

Premises to be added as they are required to be included on health and safety grounds and extend the requirement to include no-fee paying events

Licensing of such premises will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments etc, are addressed through the licensing process.

 

 

Water sports (including, Wake Boarding, Water Skiing, Sail Boarding, canoeing and Jet Skiing activities)

Premises to be added as they are required to be included on health and safety grounds when the activity is not licensed as defined by a Boat Hire Licence

Licensing of such premises will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments etc, are addressed through the licensing process.

 

Indoor sports Activities (to include Go Carting, Indoor Climbing, Trampolines and bungee catapulting or similar)

Premises to be added as they are required to be included on health and safety grounds (where not covered by an Indoor Sports Entertainment Licence)

Licensing of such premises will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments etc, are addressed through the licensing process.

 

Theatre Performances (to include any play, dramatisation, concert or hypnotism act or comedy act)

Premises to be added as they will no longer be licensed under the Theatres Act, which is to be repealed shortly

Licensing of such premises will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments etc, are addressed through the licensing process.

 

Mechanical Bowling Alleys

Premises to be added as they are required to be included on health and safety grounds

Licensing of such premises will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments etc, are addressed through the licensing process.

 

Any activity involving shooting or archery

Retain this activity and extend the requirement to include no‑fee paying events

Licensing of such premises will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments etc, are addressed through the licensing process.

 

Community Centres

Retain this activity and extend the requirement to include no‑fee paying events

Premises to be added as they are required to be included on health and safety grounds.

 

Beauty Treatments (including Teeth Whitening, Nail Salons and massages)

Premises to be added as they are required to be included on health and safety grounds

 

Premises to be added as they are required to be included on health and safety grounds.

 

 

Teeth Whitening activities and massages will be exempt provided that it is for the purpose of medical treatment and such treatment is being provided under the supervision or direction of a registered medical practitioner and provided within a healthcare establishment

 

 

Escape Rooms (including puzzle and breakout rooms)

Premises to be added as they are required to be included on health and safety grounds

Licensing of such premises will help ensure that all the relevant health and safety requirements are complied with including appropriate risk assessments etc, are addressed through the licensing process.

 

 

 

The following premises will not require to be licensed under this resolution are those offering any of the following types of entertainment or recreation -

 

?         Premises used for exhibitions

Premises used for exhibitions are likely to be within fixed premises and will be subject to Fire Service and Building Standards regulations. The nature of the activity is also unlikely to cause any public safety or disorder issues.

 

?         Lectures and illustrated talks

Premises used for these activities are likely to be within fixed premises and will be subject to Fire Service and Building Standards regulations. The nature of the activity is also unlikely to cause any public safety or disorder issues.

 

?         Fashion Shows

Premises used for these activities are likely to be within fixed premises and will be subject to Fire Service and Building Standards regulations. The nature of the activity is also unlikely to cause any public safety or disorder issues.

 

?         Any premises mentioned at Section 41(2) of the Civic Government (Scotland) Act 1982

Premises used for these activities as outlined at Section 41(2) whilst being used for the activities defined in the section.