Licensing Committee - 03/05/2018
At a MEETING of the LICENSING COMMITTEE held at Dundee on 3rd May, 2018.
Present:-
COUNCILLORS
Kevin CORDELL |
Ken LYNN |
Alan ROSS |
Stewart HUNTER |
|
Margaret RICHARDSON |
Councillor Stewart HUNTER, Convener, in the Chair.
The minute of meeting of this Committee of 29th March, 2018 was held as read.
Unless marked thus * all items stand delegated.
I DECLARATION OF INTEREST
Councillor Lynn declared a non-financial interest in relation to the item of business at Article VI(e)(iv) of this minute by virtue of the licence holder being known to him in a personal capacity and left the Chamber prior to its consideration. Councillor Lynn re-entered the Chamber prior to consideration of the item of business at Article VI(e)(vii) of this minute.
II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE
The minutes of meetings of the Licensing Sub-Committee held on 27th March, 2018, 29th March, 2018 and 16th April, 2018 were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I, II and III.
III CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS
The Committee noted that the undernoted applications had been granted under delegated powers.
METAL DEALER - NEW APPLICATION
No |
Name
|
1 |
W Kelbie Ltd |
PRIVATE HIRE DRIVER - NEW APPLICATION
No |
Name
|
1 |
Robert Millar |
PRIVATE HIRE OPERATOR - NEW APPLICATIONS
No |
Name
|
1 |
Hawkhill Taxi Company Ltd |
2 |
Marc Galligan |
3 |
Ian J D Sandwell |
4 |
Frances Dickson |
5 |
Liam Milne |
6 |
Peter Comline |
PUBLIC ENTERTAINMENT - NEW APPLICATIONS
No |
Name
|
1 |
Charleston Community Centre Local Management Group |
2 |
Dundee City Council, City Development |
3 |
Dundee University Students' Association |
4 |
Dundee University Students' Association |
5 |
Charles Horne |
6 |
Debbie Kean |
SECOND HAND DEALER - NEW APPLICATION
No |
Name |
Address of Premises
|
1 |
Ian P Burns |
15 Panmure Street |
SKIN PIERCING AND TATTOOING - NEW APPLICATION
No |
Name
|
1 |
Nicola Brown |
TAXI DRIVER - NEW APPLICATIONS
No |
Name
|
1 |
Thomas P Adams |
2 |
Anthony Brannan |
3 |
Alan S Brown |
4 |
Vickas Khan |
5 |
Stephen Lewis |
6 |
Kym McEwan-Hinds |
7 |
Robert McIntyre |
8 |
Mohammad Rashid |
9 |
Mohammed Abdul Rehman |
10 |
Firoz V Zaveri |
11 |
Liam Milne |
12 |
Bartosz Zdrojewski |
13 |
Robert Archibald |
14 |
Mohammed Shafiq |
WINDOW CLEANER - NEW APPLICATION
No |
Name
|
1 |
Mark Anderson |
(b) FARES FOR HIRE OF TAXIS - ANNUAL REVIEW
Reference was made to Article IV(d) of the minute of meeting of the Licensing Committee of 29th March, 2018 regarding the increase in the fares, wherein the Committee agreed to the undernoted proposed tariffs for hire of taxis:-
- 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.
Thereafter, having heard the Legal Officer, the Committee noted that no representations by way of public objections had been received, and that the proposed increases in fares would now be advertised for implementation from 1st June, 2018, subject to any operator having a right of appeal to the Traffic Commissioner.
(c) LATE HOURS CATERING - NEW APPLICATION
There was submitted the undernoted application.
No |
Name |
Address
|
1 |
Jade Palace Fast Foods Ltd |
69 Macalpine Road |
In the case of Application No 1, the Committee noted that the applicant had failed to produce their Unique Tax Reference Number to evidence that they were registered for tax purposes.
Thereafter, having heard the Legal Officer, the Committee agreed that the application be considered incompetent.
(d) PUBLIC ENTERTAINMENT - NEW APPLICATION
There was submitted the undernoted application.
No |
Name |
Location of Event
|
Date of Event |
1 |
Exchange Events Ltd |
Baxter Park |
29th June to 7th July, 2018 |
In the case of Application No 1, the Committee noted that a letter of information had been submitted by the Environment Manager, Neighbourhood Services, relevant to this application. The Committee gave consideration to the content of the letter of information. Thereafter, having heard a representative of the Environment Manager, 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 additional conditions as outlined in the letter from the Environment Manager.
(e) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATION
There was submitted the undernoted application.
No |
Name |
Address
|
1 |
Shale Taxis |
94 Findhorn Place |
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 Operators Licence with an electric vehicle. The existing licence holder was David Douglas (OP789). Directors of Shale Taxis were David Douglas, Adrian Cashley, Shaun Cashley and Lee-Ann Herdaway.
Thereafter, having heard the applicant on their own behalf and having considered the advice of the Legal Officer, the Committee agreed that the application be granted.
(f) TAXI OPERATOR REQUEST FOR EXTENSION - ELECTRIC VEHICLE
There was submitted the undernoted application.
No |
Name |
Address
|
1 |
WKF Taxis Ltd |
6 Ballumbie View |
In the case of Application No 1, reference was made to Article IV(n) of the minute of meeting of this Committee held on 29th March, 2018, wherein the Committee agreed to grant a further extension of 28 days to allow the licence holder to place a vehicle in service in the operation of the licence.
Thereafter, having heard the Legal Officer, the Committee noted that this application had been withdrawn from consideration by the applicant, as a vehicle had now been placed in service in the operation of the licence.
IV 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 |
Mazocore Ltd |
Ground Floor, 11 Windsor Street |
2 |
Btangyang Properties Ltd |
3/2, 20 Perth Road |
3 |
Lingxiao Cui |
A11, The Hub, 17 Hawkhill |
(b) VARIATION APPLICATIONS GRANTED UNDER DELEGATED POWERS
The Committee noted that the undernoted applications had been granted under delegated powers.
No |
Name |
Address
|
1 |
Zars Ltd |
41C Rosefield Street |
2 |
Zars Ltd |
4/0, 80 Nethergate |
3 |
David and Gillian McGill |
1/0, 16 City Road |
4 |
Maria Karabayas |
31E Trades Lane |
1 |
James Jeffrey and Linda Callander |
1st Floor, 138 Nethergate |
(c) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS
There were submitted the undernoted applications.
No |
Name |
Person Responsible |
Address
|
1 |
Andrew and Collette Simpson |
Cairn Lettings |
3/2, 179A Blackness Road |
2 |
Michael Canby |
Grant Property Solutions |
3/0, 19 Union Place |
3 |
John Hart |
Grant Property Solutions |
25D Union Place |
4 |
Daniel Boon |
Grant Property Solutions |
1/1, 246 Perth Road |
5 |
Ian Kilday |
Grant Property Solutions |
21D Union Place |
6 |
Sangkaran Ratnam and Rina Juliawati Binti Samsudin |
Grant Property Solutions |
21C Union Place |
7 |
Mark and Dawn Fletcher |
Grant Property Solutions |
23C Union Place |
8 |
Mark and Dawn Fletcher |
Grant Property Solutions |
2/1, 246 Perth Road |
9 |
7 Greenleaf Ltd |
Grant Property Solutions |
1/2, 246 Perth Road |
10 |
Alastair Pate |
Grant Property Solutions |
21E Union Place |
11 |
Sangkaran Ratnam and Rina Juliawati Binti Samsudin |
Grant Property Solutions |
2/2, 246 Perth Road |
In the case of Application No 1, there was submitted a letter of observation from the Private Sector Services Manager, Neighbourhood Services, relevant to this application.
The Committee gave consideration to the content of the letter.
Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the conditions as indicated in the letter from the Private Sector Services Manager.
In the case of Application Nos 2 to 11, the Committee noted that a letter of objection had been submitted by a member of the public relevant to each of these applications. The Committee noted that the objector was not present and agreed that the matters be considered in their absence. The Committee gave consideration to the content of the objections.
Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the applicants, a representative on behalf of the Chief Constable, a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted.
The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.
IV ANTI SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004; LANDLORD REGISTRATION
(a) REMOVAL FROM LANDLORD REGISTRATION
Reference was made to Article VII(a) of the minute of meeting of this Committee held on 29th March, 2018, wherein the Committee agreed that the hearing in relation to the suitability of Mr S McM to be registered as a landlord be adjourned to this meeting of the Committee to allow Mr S McM to produce a Property Management Agreement with Company P who were to act as managing agent and a Schedule of Works in respect of the properties.
There was submitted the original letter of information from the Private Sector Services Manager relevant to the alleged conduct of Mr S McM during the currency of his registration as a landlord.
The Committee gave consideration to the content of the letter.
Thereafter, having heard the Private Sector Services Manager, an agent on behalf of the licence holder, the managing agent and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be further adjourned to the meeting of this Committee to be held on 6th September, 2018, to allow for an update to be provided on the completion of the works.
(b) APPLICATION FOR LANDLORD REGISTRATION
Reference was made to Article VII(b)(i) of the minute of meeting of this Committee held on 29th March, 2018, wherein the Committee agreed to defer consideration of the application by Mr K OH for registration as a landlord to allow the applicant to be in attendance.
There was submitted the original letter of information from the Private Sector Services Manager relevant to this application, together with a letter of support from the agent on behalf of applicant and a letter of support from the applicant.
The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letters.
Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, and having considered additional documentation on behalf of the applicant tabled by the Licensing Office, the Committee agreed that the application be refused.
VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) LATE HOURS CATERING LICENCE - SUSPENSION HEARING
Reference was made to Article II(c) of the minute of meeting of the Licensing Sub‑Committee held on 29th March, 2018, wherein the Sub-Committee agreed to hold a suspension hearing in relation to the alleged conduct of Company M during the currency of their Late Hours Catering Licence.
There was submitted a letter of information from the Finance Division of Corporate Services relative to the alleged conduct of Company M during the currency of their Late Hours Catering Licence.
The Committee gave consideration to the content of the letter.
Thereafter, having heard an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, and consideration of supporting documents which were tabled by the agent on behalf of the licence holder, the Committee agreed to adjourn the hearing in relation to the alleged conduct of Company M during the currency of their Late Hours Catering Licence until the meeting of this Committee to be held on 1st November, 2018 for an update to be provided by the Finance Division of Corporate Services on the maintenance of payments for the outstanding debt and that should any application for renewal of the licence be received, that that also be submitted to that meeting of the Committee for consideration.
(b) PRIVATE HIRE DRIVER - RENEWAL
Reference was made to Article V(f) of the minute of meeting of this Committee held on 5th October, 2017, wherein the Committee agreed to grant an application by Mr S Z for a Taxi Drivers Licence but to recall the application to this meeting of the Committee for an update from the Chief Constable on the operation of the licence.
There was submitted the original letter of information from the Chief Constable relative to this application.
Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.
(c) TAXI DRIVER LICENCE - APPLICATION
Reference was made to Article V(i) of the minute of meeting of this Committee held on 5th October, 2017, wherein the Committee agreed to recall the Taxi Drivers Licence held by Mr M I to this meeting of the Committee to obtain confirmation from the UK Borders Agency in relation to his immigration status and his right to remain in the United Kingdom.
There was submitted an application by Mr M I for a Taxi Driver's Licence.
There was submitted the original letter of information from a Licensing Standards Officer relative 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 a Licensing Standards Officer, and receiving confirmation on the immigration status of the applicant and their right to remain in the United Kingdom and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until 31st May, 2020.
(d) TAXI OPERATOR - REQUEST FOR VARIATION
Reference was made to Article VII(e) of the minute of meeting of this Committee held on 29th March, 2018, wherein the Committee agreed to grant an extension of 28 days to allow Company T to place vehicles in service in the operation of the licences.
There was submitted a request for variation from Company T for a further extension of time to place vehicles in service in the operation of their Taxi Operators Licence.
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 grounds of the application.
Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the request for variation be granted until the meeting of this Committee to be held on 7th June, 2018.
(e) TAXI DRIVER - SUSPENSION HEARINGS
(i) Reference was made to Article II of the minute of meeting of the Licensing Sub‑Committee held on 27th March, 2018, wherein the Sub-Committee agreed to suspend the Taxi Drivers Licence held by Mr C H with immediate effect and that a hearing be held in relation to the fitness of Mr C H to be the holder of a Taxi Drivers Licence.
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C H during the currency of his Taxi Drivers Licence.
The Committee gave consideration to the content of the letter.
Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder and consideration of supporting documentation tabled by the 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 C H during the currency of his Taxi Drivers Licence at the meeting of this Committee to be held on 7th June, 2018, to await the outcome of court proceedings and to suspend the Taxi Drivers Licence held by Mr C H during the intervening period with immediate effect.
(ii) Reference was made to Article VI(f)(vi) of the minute of meeting of the Licensing Committee held on 11th January, 2018, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr J M during the currency of his Taxi Drivers Licence to this meeting of the Committee, to await the outcome of court proceedings and to continue the immediate suspension of the Taxi Drivers Licence held by Mr J M during the intervening period with immediate effect.
There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr J 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 a representative of the Chief Constable 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 J M during the currency of his Taxi Drivers Licence at the meeting of this Committee to be held on 7th June, 2018, to await the outcome of court proceedings and to suspend the Taxi Drivers Licence held by Mr J M during the intervening period with immediate effect.
(iii) Reference was made to Article ll of the minute of meeting of the Licensing Sub‑Committee held on 16th April, 2018, wherein the Sub-Committee agreed to suspend the Taxi Drivers Licence held by Mr C M with immediate effect and that a hearing be held in relation to the fitness of Mr C M to be the holder of a Taxi Drivers Licence.
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C M during the currency of his Taxi Drivers Licence. There was also submitted a letter of support on behalf of the licence holder.
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 documents.
Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to note that no further action was required as the Taxi Drivers Licence held by Mr C M ceased to be in effect.
(iv) Reference was made to Article VI (d)(iv) of the minute of meeting of this Committee held on 1st February, 2018, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr M T 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 M T 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 M T 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 call a fresh hearing in relation to the alleged conduct of Mr M T during the currency of his Taxi Drivers Licence at the meeting of this Committee to be held on 7th June, 2018, to await the outcome of court proceedings and to suspend the Taxi Drivers Licence held by Mr M T during the intervening period with immediate effect.
(v) Reference was made to Article VII(g) of the minute of meeting of this Committee held on 29th March, 2018, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M A during the currency of his Taxi Driver's Licence to this meeting of the Committee, to await the outcome of court proceedings.
There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr M A during the currency of his Taxi 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 licence holder had been found not guilty in a Court of Law, an agent on behalf of the licence holder, and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.
(vi) Reference was made to Article VI(f)(ii) of the minute of meeting of this Committee held on 11th January, 2018, wherein the Committee 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 this meeting of the Committee, to await the outcome of court proceedings.
There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr M A during the currency of his Taxi 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 receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.
(vii) Reference was made to Article VI(d)(v) of the minute of meeting of this Committee held on 1st February, 2018, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr S T during the currency of his Taxi Driver's Licence to this meeting of the Committee, to await the outcome of court proceedings and a report on the medical fitness of Mr S T to be the holder of a Taxi Drivers Licence, and to continue the suspension of the Taxi Driver's Licence held by Mr S T with immediate effect during the intervening period.
There were submitted the original letters of information from the Chief Constable relevant to the alleged conduct of Mr S T during the currency of his Taxi Driver's Licence.
The Committee gave consideration to the content of the letters.
Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the licence holder, the licence holder on their own behalf, a representative of the Licensing Office, 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 T during the currency of his Taxi Drivers Licence at the meeting of this Committee to be held on 6th September, 2018, to await the outcome of court proceedings and a report from PAM on the medical fitness of Mr S T to be the holder of a Taxi Drivers Licence, and clarification from the DVLA as to the status of the Drivers Licence held by Mr S T and to suspend the Taxi Drivers Licence held by Mr S T during the intervening period with immediate effect. Councillor Hunter abstained from the decision on this matter.
(f) TAXI DRIVER AND TAXI OPERATOR - SUSPENSION HEARING
Reference was made to Article II(b)(ii) of the minute of meeting of the Licensing Sub-Committee held on 29th March, 2018, wherein the Sub-Committee agreed to hold a hearing in relation to the alleged conduct of Mr C K during the currency of his Taxi Drivers Licence and Taxi Operators Licence.
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. There was also submitted a summary note from the Licensing Office on previous occasions when hearings were held in relation to the licence holder and the decisions of the Licensing Committee in this regard.
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 documents.
Thereafter, having heard a representative of the Chief Constable, and consideration of the advice of the Legal Officer, the Committee agreed to note that no further action was required in relation to the Taxi Operators Licence held by Mr C K as it ceased to be in effect, and agreed that the Taxi Drivers Licence held by Mr C K be suspended with immediate effect for the unexpired portion of the licence.
Stewart HUNTER, Convener.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 27th March, 2018.
APPENDIX I
Present:-
Councillor Stewart HUNTER
Councillor George McIRVINE
Councillor Alan ROSS
Councillor Stewart HUNTER, Convener, in the Chair.
Unless marked thus * all items stand delegated.
The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.
The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.
I DECLARATION OF INTEREST
No declarations of interest were made.
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI DRIVER'S LICENCE - REQUEST FOR IMMEDIATE SUSPENSION
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C H during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Driver's Licence held by Mr C H be suspended with immediate effect and that a suspension hearing be held in due course.
Stewart HUNTER, Convener.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 29th March, 2018.
APPENDIX II
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.
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 16th April, 2018.
APPENDIX III
Present:-
Councillor Stewart HUNTER
Councillor Gregor MURRAY
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 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 - REQUEST FOR IMMEDIATE SUSPENSION
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr C M during the currency of his Taxi Drivers Licence.
The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Drivers Licence held by Mr C M be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of Mr C M to be the holder of a Taxi Drivers Licence.
Stewart HUNTER, Convener.