Licensing Committee - 28/06/2018

At a MEETING of the LICENSING COMMITTEE held at Dundee on 28th June, 2018.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 7th June, 2018 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 7th June, 2018 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

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.

BOAT HIRE - NEW APPLICATION

MARKET OPERATOR - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PRIVATE HIRE DRIVER - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATION

(b) EQUALITY ACT 2010 - TAXI PROVISIONS

There was submitted Agenda Note AN47-2018 reporting that in terms of Section 165 of the Equality Act 2010 (the 2010 Act), drivers of designated wheelchair accessible vehicles (WAVs) were subject to certain legal duties to offer assistance to passengers as follows:-

-            To carry the passenger in the wheelchair;

-            Not to make any additional charge for doing so;

-            To carry the wheelchair if the passenger wishes to sit in the vehicle;

-            To take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort; and

-            To give the passenger such mobility assistance as is reasonably required.

It was reported that it was a criminal offence to fail to comply with these duties. However, the duties only applied where the vehicle was designated by the licensing authority for this purpose under Section 167 of the 2010 Act. There would require to be consultation with the Taxi Trade about the compilation of a list of designated vehicles and it was proposed to do this in early course. Drivers could formally apply under Section 166 of the 2010 Act for a medical exemption from these duties and a proposed style of form for this was attached for the Committees approval. Applications for exemption would then require to be determined by the Committee. It was also proposed that a fee of 50 be charged for such applications.

It was therefore recommended that the Committee:-

(i) approve the style form;

(ii) agree the fee of 50 for applications; and

(iii) note that a list of designated vehicles would be submitted to a future meeting for adoption for the purposes of Section 167 of the 2010 Act.

It was reported that requests for deputation had been received from Willie Lees of the GMB Union and Erik Thoresen of Dundee Hackney Association relevant to this item of business.

Thereafter, having heard the deputations and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the matter to the meeting of this Committee to be held on 6th September, 2018 to allow for discussion to take place with representatives of the Taxi Trade at the meeting of the Taxi Liaison Group to be held in August, 2018 and that, in the meantime, the Licensing Office write to all holders of taxi licences who operated wheelchair accessible vehicles to advise them of the provisions of Sections 165 and 166 of the 2010 Act.

(c) PUBLIC ENTERTAINMENT - VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee gave consideration to a request for variation which had been submitted by the licence holder to allow for their proposal to install an Aqua Course activity on the site operated by the licence.

Thereafter, having heard the applicant on their own behalf, the Environmental Health Officer and consideration of a letter of support which was tabled by the applicant, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until the meeting of this Committee to be held on 6th September, 2018 to allow for the licence holder to resolve outstanding matters with Environmental Health.

(d) SECOND HAND DEALER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee gave consideration to a letter of objection which had been submitted by the Planning Department relative to this application.

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, subject to planning approval being obtained if necessary.

(e) STREET TRADER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that application had been made to vary Conditions 9 and 10 which required the vehicle to be moved every 15 minutes and not return within one hour.

Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the variation to allow the applicant to operate the licence on any one day per week between the hours of 5pm to 9pm.

(f) PRIVATE HIRE OPERATOR - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request for variation had been made to allow for the licence holder to place a special events disc on the vehicle involved in the operation of the licence in place of a white plate.

The Committee gave consideration to the grounds of the application.

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.

(g) PRIVATE HIRE OPERATOR - REQUEST FOR EXTENSION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request for variation had been made for a further extension of 28 days to allow for a vehicle to be placed on service in the operation of the licence.

The Committee gave consideration to the grounds of the application.

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 until 31st July, 2018.

(h) TAXI OPERATOR - ELECTRIC VEHICLE - REQUEST FOR EXTENSION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request for variation had been made for a further extension of 28 days to allow for a vehicle to be placed on service in the operation of the licence.

The Committee gave consideration to the grounds of the application.

Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, and having noted that the licence holder had been granted two extensions previously under delegated powers, the Committee agreed that the application be refused.

(i) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATIONS

There were submitted the undernoted applications.

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 Licence with an electric vehicle. The existing licence holder was William Perkin (OP65). The Directors of Kaiser Taxis Ltd were William Perkin and Quaiser Habib.

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.

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 Licence with an electric vehicle. The existing licence holder was Alexander Adair OP791. The Directors of Hilltown Taxis were Alexander Adair and Muhammad Abid.

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.

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 Licence with an electric vehicle. The existing licence holder was Mitchell Laws. The Directors of Hawkhill Taxis were James Marr and Mitchell Laws.

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.

(j) TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the matter be agreed in their absence. Thereafter, having noted the applicant had failed to pass his street test, submit a medical certificate, SVQ Certificate or provide evidence that they were registered for tax purposes, the Committee agreed that the application be considered incompetent.

In the case of Application No 2, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Application No 3, the Committee noted that the applicant was not present and agreed that the application be considered in their absence. Thereafter, having noted that the applicant had failed to pass his street test, submit a medical certificate, SVQ Certificate or provide evidence that they were registered for tax purposes, the Committee agreed that the application be considered incompetent.

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.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

V HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted an application by Company G for a Houses in Multiple Occupation Licence. There was submitted a letter of support from the agent on behalf of the applicant.

The Committee gave consideration to the content of the letter.

Thereafter, having heard the Private Sector Services Manager, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, and receiving confirmation that the Finance Department had withdrawn their objection to the application, the Committee agreed that the application be granted and that the matter be recalled to the meeting of this Committee to be held on 4th October, 2018 to allow for the Private Sector Services Manager to submit an update on the operation of the licence and for the applicant to be in attendance.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) REQUEST FOR EXTENSION - DECEASED HMO LICENCE OPERATOR

Reference was made to Article VIII(a) of the minute of meeting of this Committee held on 29th March, 2018, wherein the Committee agreed to the request from the Executor of the late Mr C W who had been the holder of a Houses in Multiple Occupation Licence for an extension of time to wind up his estate until 28th June, 2018.

There was submitted a further request for an extension of time to wind up the estate of the late Mr C W.

Thereafter, having heard the Managing Agent and consideration of the advice of the Legal Officer, the Committee agreed that a further extension be granted up until 6th September, 2018.

(b) SECOND HAND DEALER - SUSPENSION HEARING

Reference was made to Article VI(d) of the minute of meeting of this Committee held on 7th June, 2018, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr SM during the currency of his Second Hand Dealers Licence to this meeting of the Committee, to establish if an application for renewal of licence had been received from the licence holder and to continue the suspension of the Second Hand Dealers Licence held by Mr S M with immediate effect during the intervening period.

There was submitted the original letter of information from the Chief Constable relative to the alleged conduct of Mr SM during the currency of his Second Hand Dealers 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 that the Second Hand Dealers Licence held by Mr SM be suspended until the end of June 2018.

(c) TAXI DRIVER'S AND TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

Reference was made to Article VIII(h) 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 Ms A B during the currency of her Taxi Driver's Licence and Taxi Operators Licence to this meeting of the Committee 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.

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 in August, 2018 to await the outcome of court proceedings.

(d) PRIVATE OPERATOR'S LICENCE - RENEWAL APPLICATION

There was submitted an application by Mr L E for renewal of his Taxi Operators Licence.

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

The Committee gave consideration to the content of the letter.

Thereafter, having heard the Licensing Standards Officer, a representative of the Chief Constable, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of supporting documents which had been tabled by the agent on behalf of the licence holder 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 2nd August, 2018 and that a suspension hearing be held in relation to the suitability of Mr L E to be the holder of a Taxi Drivers Licence at the same meeting.

(e) TAXI OPERATOR - ELECTRIC VEHICLE - RENEWAL APPLICATION

Reference was made to Article VI(e) of the minute of meeting of this Committee held on 11th January, 2018, wherein the Committee agreed to grant the application by Company P until this meeting of the Committee.

The Committee gave consideration to the content of the letter.

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 until 31st May, 2019.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 7th June, 2018.

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Alan ROSS

Councillor Charlie MALONE

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 HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr A B 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 a hearing be held in due course in relation to the fitness of Mr A B to be the holder of a Taxi Driver's Licence.

Stewart HUNTER, Convener.