City Chambers DUNDEE DD1 3BY 27th February, 2013 Dear Sir or

City Chambers
DUNDEE
DD1 3BY
27th February, 2013
Dear Sir or Madam
The undernoted members are requested to attend a MEETING of the LICENSING
COMMITTEE to be held in Council Chamber, City Chambers, City Square, Dundee on Thursday,
7th March, 2013 at 10.00 am.
Yours faithfully
DAVID K DORWARD
Chief Executive
COUNCILLORS
John ALEXANDER
Jimmy BLACK
David BOWES
Stewart HUNTER
Mohammed ASIF
t:\documents\intranet\agenda\2013\march\lc070313.doc
Laurie BIDWELL
Lesley BRENNAN
Tom FERGUSON
2
AGENDA OF BUSINESS
The Committee is reminded of the quasi-judicial nature of the meeting and that in accordance
with Standing Order No 34(4) only those members who are present during the whole of the
proceedings may take part in the deliberation.
1
DECLARATION OF INTEREST
Members are reminded that, in terms of The Councillors Code, it is their responsibility to make
decisions about whether to declare an interest in any item on this agenda and whether to take part in
any discussions or voting.
This will include all interests, whether or not entered on your Register of Interests, which would
reasonably be regarded as so significant that they are likely to prejudice your discussion or decisionmaking.
2
MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE
The minutes of meetings of the Licensing Sub-Committee held on 1st February and 7th February,
2013, are submitted for information and record purposes (Appendices 1 and 2).
3
CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a)
NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS
LATE HOURS CATERING - NEW APPLICATION
No
Name
Address
1
Tay Restaurants Ltd
21-25 Reform Street
MARKET OPERATOR - NEW APPLICATION
No
Name
Address
1
Charlotte Worswick
The Ardler Complex, Turnberry Avenue
PRIVATE HIRE OPERATOR - NEW APPLICATION
No
Name
Address
1
John McDade
4 St Mary's Road, Bellshill
TAXI DRIVER - NEW APPLICATIONS
No
Name
Address
1
2
3
4
5
Stewart Bearn
George Breen
John B de-Gernier
David Ross
Michael R Ward
39 Rodd Road
72 Beauly Crescent
21 Blaikies Mews, Alexander Street
26 Selkirk Gardens
12 Balgayview Gardens
TAXI OPERATOR - NEW APPLICATIONS
No
Name
Address
1
2
3
4
Auld and Doig
Umer Khan
Jakub Koprowski
Stobswell Cabs 2012 Ltd
74 Brownhill Road
1/R 12 Maitland Street
2/1 4A Findhorn Street
97 Clepington Road
3
WINDOW CLEANER - NEW APPLICATION
No
Name
Address
1
Michael Duncan
10 Manor Court, Blairgowrie
(b)
APPLICATION PROCEDURE
On a reference to the minute of the meeting of this Committee of 7th February, 2013, it is
recommended that applicants in respect of market operators, public entertainment (site) and street
traders licences (where a permanent or semi-permanent pitch is involved) be required to submit
evidence that they have the consent of the owner of the ground to occupy the site. This would have to
be submitted with the application and the application would not be processed until it was received.
Where sufficient evidence has not been submitted within the six months period allowed for processing
applications it is recommended that the Committee delegate authority to the Head of Democratic and
Legal Services to reject the application as incompetent without the need to refer the matter to
Committee.
(c)
SCOTTISH GOVERNMENT TAXI AND PRIVATE HIRE CONSULTATION
In November, 2012, the Scottish Government issued a consultation document on proposals for the
reform of the licensing system for taxis and private hire cars. A copy of the consultation document and
a suggested response are attached respectively at (APPENDICES 3 and 4). It is recommended that
the Committee approve the draft response for submission to the Scottish Government.
(d)
ADVANCE PAYMENT OF TAXI FARES
On a reference to Article III(f) of the minute of the meeting of this Committee of 2nd February, 2012,
the Committee will recall that the Taxi Trade had requested that all taxi licence holders have their
conditions of licence varied requiring a sign to be displayed in taxis advising customers that advance
payment of fares would be required.
Following discussion at the Taxi Liaison Group, the Trade representatives indicated that they would,
as an alternative, accept the taxi fare card being amended to include the following wording:“At the discretion of the driver, you may be asked to pay a deposit to cover the fare in advance”.
Consideration of the request was deferred to allow Tayside Police to monitor and report back and a
letter from them is attached (Appendix 5).
(e)
MARKET OPERATOR’S - NEW APPLICATION
The undernoted application has been received.
No
Name
Premises
1
Med Foods Ltd/Ali Javanmardy
Outside the Overgate Centre
A letter of objection from the City Centre Manager has been received (Appendix 6). Information from
the applicant (site plan and letter of consent) is attached (Appendix 7). Photographs will be
circulated. The applicant has indicated he would trade on seven occasions for five days each in a
calendar year.
(f)
TAXI DRIVER'S LICENCE - NEW APPLICATION
The undernoted application has been received.
No
Name
Address
1
Donna E Flynn
36 Thomson Street
4
The above applicant has failed to produce her Unique Tax Reference Number.
(g)
APPROVED LIST OF ACCESSIBLE VEHICLES - ADDITION TO LIST
It is reported that a Peugeot Expert Tepee Conversion model presented by Cabs Direct has been
assessed by the Plant and Vehicle Officer and that having received the appropriate certificate, it is
recommend that this individual vehicle be added to the list of whole volume accessible vehicles.
4
THEATRES ACT 1968
(a)
THEATRE LICENCE - NEW APPLICATION AND REQUEST FOR VARIATION
No
Name
Address of Premises
1
Gardyne Theatre Ltd/Alan Dear
Gardyne Theatre, Gardyne Road
Request for variation has been received to remove Condition 5 to allow alcohol to be consumed in the
auditorium.
5
HOUSING SCOTLAND ACT 2006
(a)
HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS
The undernoted applications have been received.
No
Name
Person Responsible
Address
1
Gregory Mejias
Gregory Mejias
24F Constitution Road
2
Howard E A and
Mary F Williams
2 Rent Me Property Management Ltd/
Richard Hawkins
G/L, 30 Cleghorn Street
Applicant has still to submit certificate of compliance.
3
Gordon Davidson
Gordon Davidson
9D Cardean Street
Applicant has still to submit certificate of compliance.
The undernoted applications are recommended for deferral.
No
Name
Address
4
Stephen W Brown and
Elizabeth V Beek
Barbara A and Mark R Norris
John Whetstone, Alan Paterson
and John Brown
Shazia Naveed and Amer N Kashif
ASD Property LLP
Leslie and Barrie Dear
Lee Chadwick
Alan J Speirs
Robert Naylor
4/2, 45 Commercial Street
5
6
7
8
9
10
11
12
(b)
3/2, 132A Nethergate
2/1, 20 Whitehall Street
G/1, 1 Rustic Place, Dudhope Street
2/2, 166 Perth Road
4E Stirling Street
Flat J, 5 Balgay Road
3/1, 132A Nethergate
G/1, 6 Morgan Place
HOUSES IN MULTIPLE OCCUPATION - VARIATIONS
No
Address
Nature of Variation
1
3/1, 82 Victoria Road
Change of day to day manager to Janekin McBoyle.
2
1D St Peter Street
Change of day to day manager to Cairn Lettings Ltd/David
Rowland.
5
3
15 Milnbank Gardens
Change of day to day manager to Nicholas Mawhinney.
4
4/2, 84 Commercial Street
Change of day to day
Management/Shonie White.
5
2/2, 1 Graham Place
Change of day to day manager to Allsop Residential Investment
Management/Hazel Sharp.
6
10 Brook Gardens
Physical change to the property (not including a change of
occupancy).
(c)
HOUSES IN MULTIPLE OCCUPATION - UPDATES
No
Name
Person Responsible
Address
1
John O and
Marjory A MacLean
John MacLean
17 Polepark Road
manager
to
Premier
Property
The Licensing Committee, at its meeting held on 28th June, 2012, granted the application on the
condition that a suitable day to day manager was appointed. Mr MacLean submitted a letter
requesting a variation to the condition and the Licensing Committee at its meeting held on
6th September granted the variation and approved John MacLean as the day to day manger and
agreed to recall in six months with an update from the Private Sector Services Manager.
2
Brian A McMillan
Grant Management Solutions Ltd/
Peter Grant
2/1, 8 Garland Place
The Licensing Committee, at its meeting held on 6th September, 2012, decided to grant the renewal
application but to recall in six months with an update from the Private Sector Services Manager. The
original letter of objection from a member of the public is attached. (Appendix 8).
3
West Register
(Property Investments)
Ltd
Sequence UK LTD/John Christley
2/2, 1 Graham Place
The Licensing Committee, at its meeting held on 7th February, 2013, decided to grant the application
providing the outstanding works were carried out within one month.
The Committee may resolve 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 involve the likely disclosure of exempt information as
defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.
6
ANTI-SOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 - REGISTRATION OF CERTAIN
LANDLORDS
7
HOUSING (SCOTLAND) ACT 2006
8
CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a)
STREET TRADER’S LICENCE - REQUEST FOR VARIATION
(b)
TAXI DRIVER'S LICENCE - NEW APPLICATIONS
(c)
TAXI DRIVER’S LICENCE - UPDATE
(d)
TAXI DRIVER'S LICENCE - SUSPENSION HEARING
(e)
TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS
(f)
WINDOW CLEANER'S LICENCE - SUSPENSION HEARING
APPENDIX 1
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 1st February, 2013.
Present:Councillor Stewart HUNTER
Councillor Kevin CORDELL
Councillor Lesley BRENNAN
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.
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 disclosure of exempt information as defined in
paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.
I
CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a)
TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION
There was tabled a letter of information from the Chief Constable relative to the alleged conduct of
Mr V P during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable.
Thereafter, having heard a 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 V P be
suspended with immediate effect and that a hearing be convened in due course in relation to the
fitness of Mr V P to be the holder of a Taxi Driver's Licence.
Stewart HUNTER, Convener.
t:\documents\liccttee\licensingsub\mins\2013\010213.doc(em)
APPENDIX 2
At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 7th February, 2013.
Present:Councillor Stewart HUNTER
Councillor David BOWES
Councillor Tom FERGUSON
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 - REQUEST FOR HEARING
There was submitted a letter of information from the Chief Constable relative to the alleged conduct of
Mr D S 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, the Sub-Committee agreed that a hearing be convened in due
course in relation to the fitness of Mr D S to be the holder of a Taxi Driver's Licence.
The Convener agreed that the undernoted items of business be considered as a matter of
urgency in terms of Standing Order No 17(b) in view of the timescales involved.
(b)
INDISCRIMINATE PARKING
(ii)
There was submitted a note of information from the Licensing Department relative to
the conduct of Mr W W during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the note submitted by the Licensing
Department. The Sub-Committee noted that the licence holder had been observed parking
indiscriminately and that he had been previously warned to stop the practice. Thereafter, the
Sub-Committee agreed that a final written warning be issued to Mr W W and to note that any further
infringement would result in a request for a hearing in relation to his fitness to be the holder of a Taxi
Driver's Licence.
(ii)
There was submitted a note of information from the Licensing Department relative to
the conduct of Mr J R during the currency of his Taxi Driver's Licence.
The Sub-Committee gave consideration to the content of the note submitted by the Licensing
Department. The Sub-Committee noted that the licence holder had been observed parking
indiscriminately and that he had been previously warned to stop the practice. Thereafter, the
Sub-Committee agreed that a final written warning be issued to Mr J R and to note that any further
infringement would result in a request for a hearing in relation to his fitness to be the holder of a Taxi
Driver's Licence.
Stewart HUNTER, Convener.
t:\documents\liccttee\licensingsub\mins\2013\070213.doc(em)
Appendices 3 to 8 are not in a suitable format for publication on this site. If you would like to inspect a
hard copy of the papers please contact Committee Services, Floor 4, 21 City Square, Dundee on
telephone 01382 434075 or by e-mail [email protected].
t:\documents\gencor\2013\0313\ww\n1.doc