Licensing Sub-committee - 29/03/2018
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 29th March, 2018.
Present:-
Bailie Willie SAWERS
Councillor Stewart HUNTER
Councillor Alan ROSS
Councillor Stewart HUNTER, Convener, in the Chair.
Unless marked thus * all items stand delegated.
The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.
I DECLARATION OF INTEREST
No declarations of interest were made.
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS
(i) Reference was made to Article II(a)(vi) of the minute of meeting of this Sub-Committee held on 11th January, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr B McG during the currency of his Taxi Driver's Licence to allow the licence holder to be present.
There was submitted the original letter of information from the Environmental Compliance Officer relevant to the alleged conduct of Mr B McG during the currency of his Taxi Driver's Licence.
The Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Environmental Compliance 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 28th June, 2018 to allow the licence holder to be present and that the licence holder be advised that non-attendance may mean that the matter be considered in their absence but that should the Fixed Penalty Notice be paid in full by June, 2018 attendance would not be required.
(ii) Reference was made to Article II(a) of the minute of meeting of this Sub-Committee held on 1st February, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D O during the currency of his Taxi Drivers Licence.
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 Drivers Licence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that a written warning be issued to the licence holder with regard to their future conduct.
(iii) Reference was made to Article II(c) of the minute of meeting of this Sub-Committee held on 11th January, 2018, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr G D during the currency of his Taxi Drivers Licence.
There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr G D during the currency of his Taxi Driver's Licence.
The Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard 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 28th June, 2018, to await the outcome of court proceedings.
(iv) Reference was made to Article II(a)(vii) of the minute of meeting of this Sub‑Committee held on 11th January, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr G McN 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 G McN during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that a written warning be issued to the licence holder with regard to their future conduct.
(v) Reference was made to Article II(a)(i) of the minute of meeting of this Committee on 11th January, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr I B during the currency of his Taxi Driver's Licence to allow for confirmation to be received that the Fixed Penalty Notice had been paid.
There was submitted the original letter of information from the Environmental Compliance Officer relevant to the alleged conduct of Mr I B during the currency of his Taxi Driver's Licence.
The Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Environmental Compliance Officer and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that a written warning be issued to the licence holder with regard to their future conduct.
(vi) Reference was made to Article II(a)(v) of the minute of meeting of this Sub-Committee held on 11th January, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr P L 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 P L during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed that no further action be taken and that a final written warning be issued to the licence holder with regard to their future conduct.
(vii) Reference was made to Article II(c)(ii) of the minute of meeting of this Sub-Committee held on 11th January, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R C 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 R C during the currency of his Taxi Driver's Licence.
The Sub-Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the hearing be adjourned to the meeting of the Sub‑Committee on 28th June, 2018, to await the outcome of court proceedings.
(b) TAXI DRIVERS LICENCE - REQUEST FOR HEARING
(i) There were submitted letters of information from the Chief Constable relative to the alleged conduct of Mr G M during the currency of his Taxi Drivers Licence.
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 a hearing be held in due course in relation to the fitness of Mr G M to be the holder of a Taxi Driver's Licence.
(ii) There was submitted letters of information from the Chief Constable relative to the alleged conduct of Mr R H during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the contents 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 a hearing be held in due course in relation to the fitness of Mr R H to be the holder of a Taxi Driver's Licence.
(c) TAXI DRIVERS LICENCE AND TAXI OPERATORS LICENCE - REQUEST FOR HEARING
(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C K during the currency of his Taxi Drivers Licence and Taxi Operators Licence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr C K to be the holder of a Taxi Driver's Licence and Taxi Operators Licence.
(d) LATE HOURS CATERING LICENCE - REQUEST FOR HEARING
(i) There was submitted a letter of information from the Head of Corporate Finance relative to the alleged conduct of Company M during the currency of their Late Hours Catering Licence.
The Sub-Committee gave consideration to the content of the letter.
Thereafter, having heard the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Company M to be the holder of a Late Hours Catering Licence.
Stewart HUNTER, Convener.