Licensing Committee - 06/09/2018

At a MEETING of the LICENSING COMMITTEE held at Dundee on 6th September, 2018.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 2nd August, 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 28th June, 2018 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix l.

III MINUTE OF MEETING OF TAXI LIAISON GROUP

The minute of meeting of the Taxi Liaison Group held on 13th March, 2018 was submitted and noted for information and record purposes, a copy of which is attached to this minute as Appendix 2.

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.

ANIMAL BOARDING - NEW APPLICATIONS

PRIVATE HIRE DRIVER - NEW APPLICATIONS

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

STREET TRADER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATIONS

(b) EQUALITY ACT 2010 TAXI PROVISIONS

Reference was made to Article III(b) of the minute of meeting of this Committee held on 28th June, 2018.

There was submitted Agenda Note AN56-2018 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. In the meantime, even although the Council had not formally designated any vehicles for the purposes of Section 167, drivers could apply under Section 166 of the 2010 Act for a medical exemption from these duties and a proposed style of form for this, a copy of which was attached to the agenda as Appendix 3 was submitted for the Committees approval. Applications for exemption would require to be determined by the Committee. It was also proposed that a fee of 50 be charged for such applications. However, a deputation was received from the GMB Union objecting to the payment of a fee and the Committee decided to defer a decision on this matter to allow for consultation with the Taxi Liaison Group.

At a meeting of the Taxi Liaison Group on 21st August, 2018, there was agreement amongst the Trade representatives to accept the introduction of the 50 fee for medical exemption certificate applications.

Thereafter, the Committee agreed:-

(i) to approve the style form which was attached to the agenda as Appendix 3;

(ii) the fee of 50 for applications;

(iii) to note that it would be for the applicant for a certificate to provide the appropriate medical evidence to support the application; and

(iv) to note that the adoption of a list of designated vehicles under Section 167 of the 2010 Act would be the subject of further discussion with the Trade once the newly constituted Taxi Liaison Group was established.

(c) LATE HOURS CATERING - UPDATE

There was submitted the undernoted application.

In the case of Application No 1, reference was made to Article II(d) of the minute of meeting of this Committee held on 1st February, 2018, wherein it was agreed that the application for a Late Hours Catering Licence be granted, subject to conditions including adherence to the effect of litter management at the location and remedy the smoking nuisance problem highlighted by the objectors and that the matter be recalled to this meeting of the Committee for an update on the operation of the licence.

In the case of this application, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence.

Thereafter, having heard the representative of the Chief Constable and the Environmental Compliance Officer and receiving confirmation that there were no adverse comments to be made in relation to the operation of the licence, and having considered the advice of the Legal Officer, the Committee agreed that no further action be taken.

(d) PRIVATE HIRE OPERATOR - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article V(b) of the minute of meeting of this Committee held on 15th June, 2017, wherein the Committee agreed to grant the application by Lee Brown for a Private Hire Operators Licence until May, 2018 and that the condition requiring the placing in service of an electric vehicle be not applied and that the matter be recalled to this meeting of the Committee for an update on the position. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to the meeting of this Committee to be held in September, 2019 for an update on the position.

In the case of Application No 2, reference was made to Article III(b) of the minute of meeting of this Committee held on 30th March, 2017, wherein the Committee agreed to grant the application by Scot Blue Ltd for a Private Hire Operators Licence, and to grant exemptions allowing a special events disc to be placed on the vehicle involved in operation of the licence in place of a plate and to allow the vehicle in operation of the licence to be exempt from the policy requiring an electric vehicle for new private hire licences and that the matter be recalled to this meeting of the Committee for an update on the operation of the licence. Thereafter, having heard a representative on behalf of the licence holder, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to this meeting of the Committee to be held in September, 2019 for an update on the operation of the licence.

(e) PRIVATE HIRE OPERATOR - REQUESTS FOR EXTENSION

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the request which had been received for a further extension of 28 days to allow the licence holder to place a vehicle on service in operation of the licence had been withdrawn from consideration by the applicant as a vehicle had now been placed on service in operation of the licence.

In the case of Application No 2, the Committee noted that a request had been received for a further extension of 28 days to allow the licence holder to place a vehicle on service in operation of the licence and that extensions had previously been granted under delegated powers as narrated in the documentation which had been submitted by the Licensing Office relevant to this matter. The Committee gave consideration to the application. Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant a further extension up until the meeting of this Committee to be held on 4th October, 2018 to allow the licence holder to place a vehicle on service in operation of the licence.

In the case of Application No 3, the Committee noted that the application which had been submitted requesting a further extension of 28 days to allow the licence holder to place a vehicle in service in operation of the licence had been withdrawn from consideration by the applicant as a vehicle had now been placed on service in operation of the licence.

(f) PUBLIC ENTERTAINMENT - UPDATE

There was submitted the undernoted application.

In the case of this application, reference was made to Article III(c) of the minute of meeting of this Committee held on 28th June, 2018, wherein it was agreed to grant a variation to the licence to allow the inclusion of an aqua course, subject to conditions and that an update on the matter be provided to this meeting of the Committee.

The Committee noted that the applicant was not present and having received notification from the Senior Electoral Services and Licensing Officer that the applicant had requested that the matter be deferred, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 4th October, 2018 to allow for appropriate documentation to be completed by the applicant.

(g) SKIN PIERCING AND TATTOOING LICENCE - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence.

There was submitted a letter of objection from the Planning Department relevant to this application. The Committee gave consideration to the content of the objection.

Thereafter, having heard from the Environmental Health Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to planning permission being obtained.

(h) SKIN PIERCING AND TATTOOING LICENCE - REQUEST FOR VARIATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request had been received for a variation to add the activity of microblading to the existing licence. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer and receiving confirmation that there were no objections, the Committee agreed that the application be granted.

(i) STREET TRADER - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request for a variation had been made to remove Conditions 9 and 10, to allow for the licence holder to trade from a fixed site catering van at 2 to 4 Kingsway East. The Committee gave consideration to the content of a letter of support, which had been submitted by the applicant. Thereafter, having heard the applicant on their own behalf and receiving confirmation that the owner and landlord of the site had agreed to the use of their land for this purpose and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(j) TAXI OPERATOR - REQUEST FOR EXTENSION

There was submitted the undernoted application.

In the case of this application, the Committee noted that a request had been received for a further 28 day extension for Taxi Operator OP917 to place a vehicle on service in the operation of the licence and that extensions had previously been granted under delegated powers as narrated in the documentation submitted by the Licensing Office. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed to refuse the application.

(k) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of this application, 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 James McDonald (OP123). Directors of B & C (Dundee) Ltd were James Stirling, James McDonald and Beth Reilly.

Thereafter, having heard a representative on behalf of the applicant and having considered the advice of the Legal Officer, the Committee that the application be granted.

In the case of this application, 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 John Dunlop (OP664). Directors of Hawkhill Taxi Company Ltd were John Dunlop, James Marr and Gordon Davidson.

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 this application, 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 Gordon Davidson (OP601). Directors of Hawkhill Taxi Company Ltd were James Dunlop, James Marr and Gordon Davidson.

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.

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

There was submitted the undernoted application.

In the case of this application, the Committee noted that the application had been withdrawn from consideration by the applicant as a vehicle had now been placed on service in the operation of the licence.

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.

(b) VARIATIONS GRANTED UNDER DELEGATED POWERS

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

(c) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Applications Nos 1 and 3, having heard the Private Sector Services Manager and a representative on behalf of the applicants and consideration of the content of the Overprovision Report, the Committee agreed that the applications be granted.

In the case of Application No 2, having heard the Private Sector Services Manager, the applicant on their own behalf and consideration of the content of the Overprovision Report and noting that there were six legally operating Houses in Multiple Occupation in the area, the Committee agreed that the application be granted and that an update on the operation of the licence be provided to the meeting of the Committee to be held in March, 2019.

(d) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

There were submitted the undernoted applications.

In the case of Applications Nos 1 and 2, 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 for variation for change of day to day manager 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.

VI HOUSING (SCOTLAND) ACT 2006 - REVOCATION HEARING

Reference was made to Article III(a) of the minute of the meeting of the Licensing Sub-Committee held on 28th June, 2018, wherein it was agreed to hold a hearing in relation to the fitness of Ms C D to be registered as a landlord. There was submitted a letter of observation from the Private Sector Services Manager relevant to the alleged conduct of Ms C D during the currency of her registration as a landlord. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, the licence holder on their own behalf and consideration of advice of the Legal Officer, the Committee agreed that no further action be taken and that the application which had just been lodged for validation of the licence be recalled to a future meeting of the Committee.

VII ANTI-SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004; LANDLORD REGISTRATION

(a) REMOVAL FROM LANDLORD REGISTRATION

Reference was made to Article V(a) of the minute of meeting of this Committee held on 3rd May, 2018, wherein it was agreed that the hearing in relation to the suitability of Mr S McM to be registered as a landlord be further adjourned to this meeting of the Committee to allow for an update to be provided on the completion of the Schedule of Works in respect of the properties. There was submitted the original letter of observation from the Private Sector Services Manager relevant to the registration of Mr S McM to be registered as a landlord.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the landlord and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be further adjourned to the meeting of this Committee to be held on 4th October, 2018, on condition that the outstanding works indicated in the letter from the Private Sector Services Manager be completed by that date.

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

Reference was made to Article VI(a) of the minute of meeting of this Committee held on 28th June, 2018, wherein it was agreed to grant an extension of time for the winding up of the estate of the late Mr C W who had been a holder of a Houses in Multiple Occupation Licence to this meeting of the Committee. Thereafter, having heard the Private Sector Services Manager, the Managing Agent and consideration of the advice of the Legal Officer, the Committee agreed that a further extension be granted up until the meeting of this Committee to be held on 1st November, 2018.

(b) ITINERANT METAL DEALER - NEW APPLICATION

Reference was made to Article VI of the minute of meeting of this Committee held on 7th June, 2018, wherein it was agreed to defer consideration of the application submitted by Mr M P for an Itinerant Metal Dealers Licence to this meeting of the Committee to await the outcome of court proceedings.

There was submitted an application by Mr M P for an Itinerant Metal Dealers 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's 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's 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's Licence. There was submitted a letter of information from SEPA relevant to the application by Mr M P for an Itinerant Metal Dealers Licence. There was also submitted a further letter from Neighbourhood Services (Environmental Section) requesting a condition be added to any licence granted.

In the case of 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 letters.

Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the applicant 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 4th October, 2018 to allow the applicant to be present.

(c) METAL DEALER - NEW APPLICATION

There was submitted an application by Company F for a Metal Dealers Licence.

There was submitted a letter of objection from the Chief Constable relevant to this application.

Thereafter, having heard a representative of the Chief Constable and receiving confirmation that the letter of objection had been withdrawn by the Chief Constable and 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.

(d) SECOND HAND DEALER - RENEWAL APPLICATION

There was submitted an application by Company F for a Second Hand Dealers Licence.

There was submitted a letter of objection from the Chief Constable relevant to this application.

Thereafter, having heard a representative of the Chief Constable and receiving confirmation that the letter of objection had been withdrawn by the Chief Constable and 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.

(e) SECOND HAND DEALERS LICENCE - NEW APPLICATION

Reference was made to Article VI(c)(ii) of the minute of meeting of this Committee held on 7th June, 2017, wherein it was agreed to grant the application by Company G for a Second Hand Dealers Licence until this meeting of the Committee, subject to the conditions that the previous licence holder Mr M had no involvement in the day-to-day management of the business or benefit financially from the business and that the Licensing Office be notified when Mr Ms brother had left the business.

There was submitted an application by Company G for renewal of the Second Hand Dealers Licence.

Thereafter, having heard the Environmental Compliance Officer and receiving confirmation that there were no matters which were required to be brought to the attention of the Committee in relation to the operation of the licence and having heard a representative on behalf of Company G and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that no further action be taken.

(f) TAXI OPERATOR - REQUEST FOR EXTENSION

There was submitted an application by Mr L F requesting an extension of a further 28 days to allow for a Taxi Operator to place a vehicle in service in the operation of the licence. The Committee noted that extensions had previously been granted under delegated powers. The Committee noted that the applicant was not present and agreed that the matter be heard in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that a further 28 day extension be granted to the licence holder and that should any further requests for extensions be received, that these be delegated to the Head of Democratic and Legal Services for determination in consultation with the Convener.

(g) TAXI DRIVER - NEW APPLICATIONS

(i) There was submitted an application by Mr A D for a Taxi Driver's Licence.

There was submitted a letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until January, 2019 and that an update on the operation of the licence be provided at the meeting of this Committee to be held in January, 2019.

(ii) There was submitted an application by Mr J McC for a Taxi Driver's Licence.

There was submitted a letter of representation from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted until March, 2019 and that an update on the operation of the licence be provided at the meeting of this Committee to be held in March, 2019.

(h) TAXI DRIVER'S LICENCE APPLICATION - UPDATE

Reference was made to Article VI(f) of the minute of meeting of this Committee held on 7th June, 2018, wherein it was agreed to adjourn the update on the immigration status of Mr S R to be the holder of a Taxi Drivers Licence to this meeting of the Committee.

There was submitted the original letter of information from the Licensing Standards Officer relevant to the application by Mr S R for a Taxi Drivers Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the matter be adjourned to the Committee of this meeting to be held on 1st November, 2018 for an update to be provided on the licence holders immigration status.

(i) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) Reference was made to Article VI(g)(i) of the minute of meeting of this Committee held on 7th June, 2018, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr C H during the currency of his Taxi Drivers Licence until this meeting of the Committee, to await the outcome of court proceedings and to recall the suspension of the Taxi Drivers Licence held by C H 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 C H during the currency of his Taxi Drivers Licence. Thereafter, having heard the 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.

(ii) Reference was made to Article VI(g)(iv) of the minute of meeting of this Committee held on 7th June, 2018, wherein it was agreed to further adjourn the hearing in relation to the alleged conduct of Mr M T 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 suspension of the Taxi Drivers Licence held by Mr M T 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 M T during the currency of his Taxi Drivers Licence, together with a further letter of information. The Committee gave consideration to the content of the letters.

Thereafter, having heard the representative of the Chief Constable and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter narrated in the original letter and having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to further adjourn consideration of the hearing in relation to the alleged conduct of Mr M T during the currency of his Taxi Drivers Licence to the meeting of this Committee to be held on 10th January, 2019, to await the outcome of court proceedings in relation to the matter narrated in the further letter and to recall the suspension of the Taxi Drivers Licence held by M T during the intervening period with immediate effect.

(j) TAXI OPERATOR LICENCE - UPDATE

Reference was made to Article V(f) of the minute of meeting of this Committee held on 1st February, 2018, wherein it was agreed to appoint Mr P D as day-to-day manager of a Taxi Operators Licence held by Mr R A for a period of six months and an update of the operation of the licence be provided at this meeting of the Committee. Thereafter, 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 that Mr P D be appointed as day-to-day manager of the Taxi Operators Licence held by Mr R A.

(k) TAXI OPERATOR LICENCE - RENEWAL APPLICATIONS

(i) There was submitted an application by Mr D R for renewal of his Taxi Operators Licence. Thereafter, having considered the advice of the Legal Officer, the Committee noted this matter had been withdrawn from consideration and would be re-submitted to a future meeting of the Committee for determination.

(ii) There was submitted an application by Mr S M for renewal of his Taxi Operators Licence.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. There was submitted a letter of objection from the Senior Environmental Compliance Officer relevant to this application. The Committee gave consideration to the content of the objection. Thereafter, having heard the Senior Environmental Compliance Officer and consideration of the advice of the Legal Officer, the Committee agreed that the application be considered incompetent.

Stewart HUNTER, Convener.

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

APPENDIX I

Present:-

Councillor Stewart HUNTER

Bailie Willie SAWERS

Councillor Charlie MALONE

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)(vii) of the minute of meeting of this Sub‑Committee held on 29th March, 2018, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr R C 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 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 to further adjourn the hearing until the meeting of this Sub-Committee to be held on 4th October, 2018 to await the outcome of court proceedings.

(ii) Reference was made to Article II(a)(iii) of the minute of meeting of this Sub-Committee held on 29th March, 2018, wherein the Sub-Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr G D 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 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 further adjourn the hearing until the meeting of this Sub-Committee to be held on 4th October, 2018 to await the outcome of court proceedings.

(iii) Reference was made to Article II(b)(iii) of the minute of meeting of the Licensing Sub‑Committee held on 29th March, 2018, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr R H during the currency of his Taxi Driver's Licence.

There were submitted letters of information from the Chief Constable relative to the alleged conduct of Mr R H during the currency of his Taxi Drivers Licence.

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

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 Sub-Committee agreed that no further action be taken.

(iv) Reference was made to II(a)(i) of the minute of meeting of this Sub-Committee held on 29th March, 2018, wherein it was agreed to adjourn the hearing in relation to the conduct of Mr B McG during the currency of his Taxi Drivers Licence to this meeting of the Sub-Committee to allow for the licence holder to pay the outstanding monies of the Fixed Penalty Notice.

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 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 written warning as to their future conduct.

(v) Reference was made to Article II(b)(i) of the minute of meeting of this Sub-Committee held on 29th March, 2018, wherein the Sub-Committee agreed to hold a hearing in relation to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence.

There were submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence, together with a further letter from the Chief Constable containing an update.

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

Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Sub-Committee agreed to adjourn the hearing until the meeting of this Sub-Committee to be held on 4th October, 2018 to await the outcome of court proceedings.

(b) WINDOW CLEANER'S LICENCE SUSPENSION HEARING

(i) Reference was made to Article II(a)(i) of the minute of meeting of this Sub-Committee held on 3rd May, 2018, wherein the Sub-Committee agreed to hold a hearing in relation to the alleged conduct of Mr A W during the currency of his Window Cleaner's Licence.

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A W during the currency of his Window Cleaner'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 4th October, 2018 to await the outcome of court proceedings.

III HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from the Private Sector Services Manager relative to the alleged conduct of Ms C D during the currency of her Houses in Multiple Occupation Licence.

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

Thereafter, having considered the advice of the Legal Officer, the Sub-Committee agreed that a hearing be held in relation to the alleged conduct of Ms C D during the currency of her Houses in Multiple Occupation Licence at the meeting of the Licensing Committee to be held on 6th September, 2018.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI OPERATOR AND TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from a Licensing Standards Officer relative to the alleged conduct of Mr U K during the currency of his Taxi Driver's Licence and Taxi Operators Licence.

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

Thereafter, having heard a Licensing Standards Officer and the Legal Officer, the Sub-Committee agreed that a hearing be held in relation to the alleged conduct of Mr U K at the meeting of the Licensing Sub-Committee to be held on 4th October, 2018.

(b) TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr K McG 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 at the meeting of the Licensing Sub-Committee on 4th October, 2018 in relation to the fitness of Mr K McG to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.

At a MEETING of the TAXI LIAISON GROUP held at Dundee on 13th March, 2018.

APPENDIX II

Present:-

DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES

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

Maureen MORAN (Senior Manager (Litigation)), Corporate Services

Neil GELLATLY (Head of Roads and Transportation), City Development Services

Mark DEVINE (Transportation Officer), City Development Services

Fraser CRICHTON (Assistant Manager Transport), 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

Ryan TODD for Qaiser HABIB, Dundee City Taxi Drivers' Association

Steve CASHLEY, Dundee 505050 Ltd

Erik THORESEN, Dundee Hackney Association

Bill RATTRAY, Dundee Private Hire (203020) Ltd

Graeme STEPHEN, Dundee Taxi Association

George SCULLION, Dundee Taxis Ltd

Willie LEES, GMB Union

George HARRIS, Tay Taxis

Charlie DUTHIE, Tay Taxis

Doug INGLIS, Tele Taxis

Chris ELDER, Unite the Union

Also in attendance:-

Councillor George McIRVINE, Dundee City Council

Shona MICHIE (Civic Licensing Officer), Perth and Kinross Council

Louise CORMACK (Licensing Standards Officer), Perth and Kinross Council

Lisa ARCHIBALD, in the Chair.

I MINUTE OF PREVIOUS MEETING

The minute of meeting of the Taxi Liaison Group held on 23rd January, 2018 was submitted and noted for information and record purposes.

II DUNDEE CITY COUNCIL

Items on agenda at request of Dundee City Council:-

(a) FARES REPORT FROM CITY DEVELOPMENT AND E-MAILS FROM MEMBERS OF THE GROUP ATTACHED

Lisa Archibald and Barry Rodger, Joint Chairs, spoke to the above matter.

Following discussion, the Group agreed:-

(i) that the fare increase of 3.02 to 3.10 for initial hire and corresponding rises in the initial hire for tariffs 2 to 4 indicated be recommended for approval and that the testing centre fees also be increased by 2.69%;

(ii) that testing centre fees and all other fees would be reviewed and that the matter be examined again in September, 2018.

(b) CCTV

Barry Rodger reported on the above matter. Following discussion, the Group agreed that the CCTV system provided by Smart Witness be recommended to the Licensing Committee for installation and use in vehicles to be involved in the operation of Taxi Licences and Private Hire Licences.

(c) TAXI AGE LIMIT - REPORT ATTACHED

Fraser Crichton reported on the above matter and the content of his accompanying report which sought to outline the introduction of a vehicle age limit for taxis and private hire cars into the city.

Following discussion, the Group agreed that consideration of the report be deferred to a future meeting of the Taxi Liaison Group to allow the content to be reviewed and for consultation to be undertaken as necessary.

(d) HYBRIDS/RANGE EXTENDERS

The Group noted that the above matter would be considered at a future meeting of the Group, together with the report on taxi age limit of vehicles.

(e) LUGGAGE DIMENSIONS

Fraser Crichton reported on the above matter.

The Group agreed to note that Fraser Crichton would meet with representatives from the Taxi Liaison Group to discuss this matter further together with types of vehicles which may be identified.

(f) TAXI PLATES

Fraser Crichton reported on the above matter.

The Group agreed to note that the garage had now changed the type of sticking tape used for Taxi Plates which should now remedy the issue and secure plates to the vehicle properly.

(g) TAXI TESTING FEES

Fraser Crichton reported on the above matter, together with the accompanying report.

Following discussion, the Group agreed that the proposed increase in Taxi and Private Hire testing fees as outlined in Option 1 of the report be recommended to the Licensing Committee for approval.

(h) PROPOSED AMENDMENT TO TAXI ADMIN FEES - NOT ATTACHED

Lisa Archibald spoke to the above matter.

Following discussion, the Group agreed to note the proposed amendment to the taxi administration fees.

(i) A5 CARD FOR WINDOW

Lisa Archibald reported on the above matter.

Following discussion, the Group agreed to note that Lisa Archibald was examining the costings in relation to the production of the A5 Card for Window to allow it to be included within the fees for the next renewal of Taxi Driver's Licences to take place in 2020 and would also examine how this would affect the positioning on the car so as not to obscure driver vision.

(j) DRESS CODE

Barry Rodger reported on the above matter.

Following discussion, the Group agreed that the dress code remain as plain dress shirt, black trousers, or skirt and black shoes, and that patterned shirts be allowed and that this be recommended to the Licensing Committee for approval.

(k) ISSUES RAISED BY THE TRADE AT THE LAST MEETING - SEE ATTACHED E-MAIL

Erik Thoresen reported on the above matter.

Following discussion, the Group agreed to note the position in relation to Corporate Plates and the selling of Taxi Licences and that the opportunity for WAV Operators to apply for a Corporate Plate existed when they first applied for their licence back in 2003 and that the current selling of Taxi Licences involved licences currently held by saloon vehicles to be replaced by electric vehicles.

III DUNDEE HACKNEY ASSOCIATION

Items on agenda at request of Dundee Hackney Association:-

(a) Are there any benefits for WAV operators in place, ie corporate plates or financial gains by selling licences?

(b) Are these plates still the property of the Council, and are they being sub-let and is this legal?

Erik Thoresen reported on the above.

Following discussion, the Group agreed to note the position in relation to the selling of plates and that licence holders were selling the business and if their company was sold the plate would transfer with it and this was a corporate legal entity.

(c) WILL ELECTRIC OPERATORS HAVE TO PAY EXTRA TAXES BECAUSE OF FREE FUEL?

The Group agreed to note that this was a matter for HMRC.

(d) WILL OPERATORS WHO RECEIVED A LUMP SUM FOR THEIR PLATES HAVE TO DECLARE THIS AND PAY TAX?

The Group agreed to note that this was a matter for HMRC.

(e) CARS THAT ARE SUITABLE IN SIZE TO BE USES AS TAXIS

The Group agreed to note that this matter had already been covered earlier in the Agenda.

(f) CARGO NETS IN WAV REAR LOADERS

Erik Thoresen reported on the above matter.

Following discussion, the Group agreed to note that Fraser Crichton would examine this together with other issues in relation to types of vehicles which may be operated as taxis and report back to a future meeting of the Group.

(g) DESIGNATED LANES FOR RANKINE STREET, LOCHEE ROAD AND INFIRMARY BRAE TO EASE CONGESTION

Erik Thoresen reported on the above matter.

Following discussion, the Group agreed to note that Neil Gellatly would ask John ONeill, Network Manager to examine this matter.

(h) COMMERCIAL STREET TO BE USED TO ALLEVIATE CONGESTION AT NETHERGATE, MARKETGAIT, WESTPORT AND APPROACH ROAD TO BRIDGE

Erik Thoresen reported on the above matter.

Following discussion, the Group agreed to note that Neil Gellatly would take this item of business to the Traffic Co-ordinating Group for further discussion and also to establish whether or not a traffic order should be imposed in the area on the last weekend before Christmas which was deemed to be the busiest period for pedestrian shopping.

(i) TIME LIMIT FOR TRANSFERRING FROM SALOON HACKNEY TO ELECTRIC VEHICLES. WHY ARE SOME OPERATORS GIVEN MONTHS TO CHANGE?

Erik Thoresen reported on the above matter.

Following discussion, the Group agreed to note that operators were given a period of 28 days to transfer from their existing saloons to electric vehicles. Two extensions of time may be applied for to be considered by the Licensing Committee Convener under delegated powers, but should a third request be received that this would be submitted to a meeting of the Licensing Committee for consideration.

IV DUNDEE TAXI ASSOCIATION

Items on agenda at request of Dundee Taxi Association:-

(a) FARES

The DTA would ask that the full 2.89% be added to the starting fare (flag fall) this would have the effect of adding 8p to bring the flag fall to 3.10p. All other flag falls would increase by 8p. This would increase 1 mile day shift to 4.06. The average two mile fare to 5.66 which would be an increase of 1.45%. We would also like to see an increase in the token fare charge for additional passengers and luggage increase from 30p to 40p as this is not written in to the formula this would not therefore be elevating from it. This would have the effect as such one mile two passengers a total increase of 18p 2.1% increase when splitting the cost by two. The average two mile two passengers 6.06p 1.5% when splitting the cost by two. Please Note that all comparisons are day shift and that two miles is the average fare also used in the P/H and Taxi Monthly. We don't think that this would be unreasonable as the buses, trains, flights, Council Tax and rent etc, has all increased.

The Group agreed to note that this matter had been covered earlier in the Agenda.

(b) CCTV

We recommend the system by Smart Witness. The DTA would also like to ask if it would be possible for the taxi operators who would want the system to pay the full price to the Council and the Council order the systems that would give the operator a possible saving of 70 to 80 which would be from VAT.

The Group agreed to note that this matter had been covered earlier in the Agenda.

V DUNDEE CITY TAXI DRIVERS ASSOCIATION

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

(a) RISE IN TAXI FARES

I have no objection of rising starting 8p when we click the meter without increasing any extras in miles or distance till next year.

The Group agreed to note that this matter had been covered earlier in the Agenda.

(b) CCTV

We have compared and analysed both Smart Witness Taxi Cam and Matrix Incident Cam thoroughly, I strongly recommend Matrix Incident Cam for Dundee City Council Licensed Private and Public Hire Taxis. It will be ideal safety security insurity for public and driver sectors.

The Group agreed to note that this matter had been covered earlier in the Agenda.

VI UNITE THE UNION

Items on agenda at request of Unite the Union:-

(a) It has come to our attention that many operators/companies are asking for extensions when putting another vehicle in service, we would like this on the agenda for the up and coming liaison meeting for discussion.

The Group agreed to note that this matter had been covered earlier in the Agenda.

VII TAY TAXIS

Items on agenda at request of Tay Taxis:-

(a) TAXI BADGE TEST

The Group agreed to note the issues in relation to the Taxi Badge Test.

(b) SVQ

The Group agreed to note the issues in relation to the SVQ.

(c) THREE TINTS IN TAXI WINDOWS.

The Group agreed to note that the introduction of CCTV systems within vehicles operated as taxis that this may allow for the current permissible level of tint in windows to be increased.

(d) AGE AND TYPE OF VEHICLE

The Group agreed to note that this matter had been covered earlier in the Agenda.

VIII DATE OF NEXT MEETING

The Group noted that the next meeting of the Taxi Liaison Group would be established in due course.

Lisa ARCHIBALD and Barry RODGER, Joint Chairs.