Licensing Committee - 30/01/2025

At a MEETING of the LICENSING COMMITTEE held remotely on 30th January, 2025.

Present:-

Depute Lord Provost Kevin CORDELL

Bailie Christina ROBERTS

COUNCILLORS

Stewart HUNTER	George McIRVINE	Pete SHEARS
Roisin SMITH	Wendy SCULLIN	Daniel COLEMAN

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 9th January, 2025 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II 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.

STREET TRADER - NEW APPLICATION

Name

Daniel N Munro

TAXI DRIVER - NEW APPLICATIONS

No	Name
1	Ismail Najahi
2.	Abdulrahman Bay
3.	Peter K Marr

(b) LATE HOURS CATERING - RENEWAL APPLICATION

There was submitted the undernoted application.

Name

Address of Premises

Noureddine Zilaoui

Fairuz, 8 Panmure Street

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that the applicant had failed to submit his certificate of compliance within the prescribed time. There were no objections to the application. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be considered incompetent.

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

Name

Location

Date of Event

Passion Park Ltd

45 Gellatly Street

Full

Silver Birchs Services

Bacchus, 11-15 Princes Street

Full

(d) PUBLIC ENTERTAINMENT REQUEST FOR VARIATION

There was submitted the undernoted application.

Name

Address

Pure Gym Ltd

152 Marketgait

Reference was made to Article II(c) of the minute of meeting of this Committee of 9th January, 2025, wherein it had been agreed to defer the request for a variation to the next meeting of the Licensing Committee to allow the applicant to be in attendance and for the Licensing Standards Officer to contact the licence holder and to make any observations on the proposed variation.

The Committee noted that a letter of information had been received from the Licensing Standards Officer. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Licensing Standards Officer and the applicant, the Committee agreed to grant the application subject to agreed conditions as proposed by the Licensing Standards Officer.

(e) SECOND HAND DEALER - NEW APPLICATION

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

Name

Elizabeth Sinclair

(f) PRIVATE HIRE OPERATOR ELECTRIC OVERDUE TEST

Name

Saiful Islam

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard from the Legal Officer, the Committee agreed that consideration of this matter be deferred to the meeting of this Committee to be held on 27th February, 2025 to allow the applicant time to apply for an extension of time to place a vehicle on service.

(g) RESULTS OF PRIVATE HIRE CAR OVERPROVISION CONSULTATION

There was submitted Agenda Note AN2-2025 reporting that, at its meeting on 24th September, 2024, the Licensing Committee considered the recommendations of the survey report by Jacobs UK Ltd on the provision and demand for Private Hire Cars (PHCs) in the Dundee City Council area. The report recommended that there was a potential state of overprovision of PHCs in that area. This assessment was carried out to assist the Committee as to whether it should introduce an overprovision policy in terms of the new Section 10 (3A) and (3B) of the Civic Government (Scotland) Act 1982 which allowed a licensing authority to refuse to grant a licence for a Private Hire Car (operator) Licence if it was satisfied that there was overprovision of private hire cars services in the designated locality.

The Committee decided to consult on a proposal that there was overprovision of private hire car services in the whole Council area. A total of 12 responses to the consultation were received. None of the respondents suggested that the locality for the purposes of the assessment should be other than the whole Council area. That locality was proposed because there was no geographical restriction on where PHCs could operate in the Dundee City Council area. All of the respondents supported a finding of overprovision of PHCs. It was therefore recommended that the Committee adopted the proposal that there was an overprovision of private hire car services in the locality forming the whole Council area. It is further suggested that this policy be reviewed on an annual basis and that appropriate updated survey reports were obtained for this purpose in the same manner as the taxi demand surveys.

The Committee approved the recommendations of the consultation and agreed that it be applied to all applications received after 24th September, 2024.

(h) TAXI OPERATOR CORPORATE PLATE NEW APPLICATION

There was submitted the undernoted application.

Name

FS92 Ltd

The Committee noted this was an application for a Taxi Operators Licence to replace an existing Taxi Operators Licence with an electric vehicle. The Committee gave consideration to the application. The Committee, having heard from the Legal Officer and the applicant, agreed to grant the application, subject to the vehicle passing all necessary tests.

(i) TAXI OPERATOR REQUEST FOR EXTENSIONS OF TIME TO PLACE VEHICLE ON SERVICE 

There was submitted the below requests.

Name

Shaun Cashley

Reference was made to Article II(g) of the minute of meeting of this Committee of 9th January, 2025, wherein it was agreed to grant the request and bring back if no car on the road. The Committee noted that a letter had been received from the Fleet Manager. The Committee gave consideration to the content of the letter. The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and the applicant, the Committee noted that a vehicle had been placed on service and the request for extension withdrawn.

2	Shaun Cashley

Reference was made to Article II(g) of the minute of meeting of this Committee of 9th January, 2025, wherein it was agreed to grant the request and bring back if no car on the road. The Committee gave consideration to the request. The Committee noted that a letter had been received from the Fleet Manager. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed to grant a further extension until 4th February, 2025, to allow testing to take place.

3	Glass Bucket Ltd

Reference was made to Article II(g) of the minute of meeting of this Committee of 9th January, 2025, wherein it was agreed grant a further request for extensions of time to place vehicle on service. The Committee gave consideration to the request. The Committee noted that a letter had been received from the Fleet Manager. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed to grant a further extension until 7th February, 2025, to allow testing to take place.

III HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted the undernoted application.

Name

Person Responsible

Address

Michael J Wright

Front Row Lettings

24 Larch Street

The Committee noted that a letter of representation had been received from the Private Sector Services Manager. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Private Sector Services Manager and the agent for the applicant, the Committee agreed to grant the application to September 2025.

(b) HOUSES IN MULTIPLE OCCUPATION VARIATIONS

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

No	Name	Address
1	Zars Ltd	41C Rosefield Street
2	Zars Ltd	41D Rosefield Street
3	Zars Ltd	4/0, 80 Nethergate
4	Zars Ltd	41B Rosefield Street
5	Christine Vivien Nicolla Jane Dougan	3/1, 47 Magdalen Yard Road
6	Howard Perkins	82A Victoria Road
7	Zars Ltd	Flat 5, 11 Reform Street
8	Zars Ltd	Flat 7, 11 Reform Street
9	Zars Ltd	Flat 8, 11 Reform Street
10	Zars Ltd	Flat 9, 11 Reform Street
11	Rose Mary Mcfarlane and Iain Thomas Mcfarlane	14B Taylors Lane
12	Yasin Bashir Okhai	1/2, 142 Perth Road
13	Bruce James Thompson and Robert John Moore	10C Polepark Road
14	Suzanne Allison	1/1, 275 Blackness Road
15	Kai Kwong Tang and Long Ting Alice Hung	G/2, 20 Black Street
16	Kai Kwong Tang and Long Ting Alice Hung	14C Union Street
17	Suzanne Allison	Flat F, 24 Constitution Road
18	Napier Property Contracts Ltd	4/2, 32 Seagate
19	Manisha Roongta	2B Lambs Lane
20	Woodlands Park Investments Ltd	(2/1), 3 Cardean Street
21	Nevis Properties Ltd	69 Ladywell Avenue
22	Ginger Properties Ltd	(1/1), 7 Fyffe Street
23	Kmac Oilfield Solutions Ltd	(2/1), 2 Union Street
24	Nevis Properties Ltd	67 Ladywell Avenue
25	Everthrive Estates Ltd	(4/0), 168 Blackness Road
26	Everthrive Estates Ltd	(3/2), 59 Strathmartine Road
27	Zubeda Abdul Rashid Daud	41B Taits Lane
28	Zubeda Abdul Rashid Daud	6A Corso Street

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982, (LICENSING OF SHORT-TERM LETS) ORDER 2022

(a) SHORT-TERM LETS DELEGATED NEW APPLICATION

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

Name

Person Responsible

Address

NXD Properties Ltd

Neil Danskin

2/1, 27 Scott Street

(b) SHORT-TERM LETS UPDATES

Name

Person Responsible

Address

Macarthur Properties Ltd

Clark Anderson

12 Whinny Brae

Reference was made to Article V(c) of the minute of meeting of this Committee of 8th August, 2024, wherein it was agreed to grant the application and to recall the matter to this meeting of the Committee for an update. Thereafter, having heard from an agent on behalf of the licence holder, the Legal Officer and the Private Sector Services Manager, the Committee agreed that no further action be taken.

Andrew Stewart

41 Marine Parade

Reference was made to Article V(c) of the minute of meeting of this Committee of 8th August, 2024, wherein it was agreed to grant the application and to recall the matter to this meeting of the Committee for an update. Thereafter, having heard from the licence holder, the Legal Officer and the Private Sector Services Manager, the Committee agreed that no further action be taken.

James Thornton and Stacey Brown

James Thornton

36D Castle Street

Reference was made to Article IV(b) of the minute of meeting of this Committee held on 25th April, 2024, Article V(c) of the minute of meeting of this Committee held on 8th August, 2024 and Article IV(b) of the minute of meeting of this Committee held on 7th November, 2024. The Committee noted that a letter of representation had been received from the Private Sector Services Manager. The Committee gave consideration to the content of the letter. Thereafter, having heard from an agent on behalf of the licence holder, the Legal Officer and the Private Sector Services Manager, the Committee agreed to defer consideration of this matter to the meeting of this Committee to be held on 27th February, 2025.

Farah Solaiman

239 Arbroath Road

Reference was made to Article V(b) of the minute of meeting of this Committee held on 5th December, 2024. The Committee noted a letter of objection had been received from a member of the public. The Committee gave consideration to the content of the letter. Thereafter, having heard from the licence holder, the Legal Officer and the Private Sector Services Manager, the Committee agreed to defer consideration of this matter to the meeting of this Committee to be held on 27th February, 2025 for further information to be produced by the Private Sector Services Manager.

The was submitted the undernoted application.

Name

Person Responsible

Address

Rise Property Resi Ltd

Central Serviced Apartments

70 Broughty Ferry Road

The Committee noted that letters of objection had been received from members of the public. The Committee gave consideration to the contents of the letters. Thereafter, having heard from an objector, the Legal Officer, an agent on behalf of the applicant, a representative of the Chief Constable and the Private Sector Services Manager, the Committee agreed to grant the application and to bring back this matter for update to the meeting of this Committee to be held on 24th April, 2025.

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 CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE SUSPENSION HEARING MEDICALS

Name

M D

Reference was made to Article VII(b) of the minute of meeting of this Committee of 7th November, 2024, Article VII(c) of the minute of meeting of this Committee of 5th December, 2024, and Article V(c) of the minute of this Committee of 9th January, 2025, wherein it was agreed to adjourn the hearing in relation to the fitness of M D to the next meeting of this Committee. The Committee noted that a letter of information had been received from the PAM Group. The Committee gave consideration to the content of the letter. The Committee further noted that a letter had been received from the applicants doctor. The Committee gave consideration to the content of the letter. The Committee also noted that a letter had been received from the applicants optometrist. The Committee gave consideration to the content of the letter. The Committee further noted that a note of information had been received from the applicants agent. The Committee gave consideration to the content of the letter.

Thereafter, having heard from the applicants agent, the Legal Officer and the Licensing Standards Officer, the Convener, seconded by Councillor Smith, moved that the grounds for the suspension had been established.

As an amendment, Councillor Coleman, seconded by Councillor McIrvine, moved that the grounds for suspension had not been established.

On a division, there voted for the motion the Convener, Depute Lord Provost Cordell, Bailie Roberts and Councillor Smith (4); and for the amendment Councillors McIrvine, Scullin, Shears, and Coleman (4) there being a parity of votes, the Convener used his casting vote in favour of the motion whereupon the motion was declared carried and became the finding of the meeting. The license was then suspended with immediate effect for its unexpired portion.

P K

The Committee, having heard from the Legal Officer, agreed to suspend the licence of P K for the unexpired portion of his licence with immediate effect.

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

Name

N H

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee of 23rd December, 2024, wherein it was agreed that the Taxi Drivers Licence held by N H be suspended

with immediate effect and that a suspension hearing be held in due course in relation to the fitness of N H to be the holder of a Taxi Drivers Licence. The Committee noted that a letter of information had been received from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Chief Constables representative, and a union representative on behalf of applicant, the Committee agreed to adjourn the hearing until a future date of this Committee to allow Police Scotland to complete their investigation and recalled the suspension of the Taxi Driver's Licence held by N H with immediate effect.

Name

J C

The Committee noted that a letter of information had been received from a member of the public. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Committee agreed that a hearing to consider J Cs fitness to hold a Taxi Drivers Licence be held at the meeting of the Licensing Sub-Committee to be held in March 2025.

Stewart HUNTER, Convener.