Report to the October Meeting of the Broughty Ferry Community Council

Changes to Licensing Hours 
As fellow Community Councillors know, I have encouraged the Community Council to respond to the parallel consultations held over the summer into proposals to extend licensing hours for the sale of alcohol in pubs and clubs and the sale of takeaway food.

On Monday 16 September the Licensing Board (I am not a member of the Licensing Board) approved longer and later weekend licensing hours for the ‘on’ sales of alcohol. In the Licensing Committee (of which I am a member) later that morning, the Committee agreed to revised opening hours for hot food takeaways in the City Centre. This committee agreed however to defer a decision on opening hours outside the city centre. This will be reconsidered at the Licensing Committee on Thursday 3 October. Under the Councillor’s Code of Conduct, I will not be making up my mind about how to respond to this issue until I have heard and read all the evidence submitted at the Licensing Committee meeting.

Road Safety at Barnhill Primary School
Following the long term absence of the Barnhill PS Crossing Patroller who is stationed at the junction of Falkland Crescent with Balgillo Road parents were concerned to find that there was no cover from the Council nor Police Scotland. This also applied to year long lack of a Patroller at the junction of Wyvis Road and Balgillo Road. Council officers have agreed to priorititise two appointments for Barnhill following the recent selection interviews. The Director of Transportation is also investigating putting up Slow Children crossing signs on Balgillo Road because to the speed of the traffic.

Eastern Primary School Parking & Pupil Safety Issues
I followed up the issues raised at the last meeting by Vice Chair, Stan Nutt, about parking and pupil safety issues around Eastern Primary School in the vicinity of the main entance to the school and shared vehicular access driveway to Stan and his neigbours’ homes. The Head Teacher is having a meeting with Neil Gellatly to try to resolve some of these related issues. One of the practical issues affecting the management of the school is the necessity for the head teacher to attend meetings in other locations in the city and yet currently does not have a reserved place close to the school when she returns.

Scottish Water – Replacement Sewer Junction
The replacement of the leaking concrete sewer junction partly buried under the beach was nudged forward by the City Development Committee. At out meeting ten days ago the Council approved Scottish Water’s application to dig up the sea bed at the location close to Douglas Terrace.

Advertising in a Conservation Area
As a supplement to the updating the Conservation Area Plan for central Broughty Ferry (and other Conservation areas), the planning department are developing a policy which would provide a greater measure of control over advertising on buildings in the Conservation Area.

Bins
Following my request, on behalf of the Ferryfields Residents Association, additional dog poo bins have been installed in and around the Ferryfields estate.

The Environment Department have agreed to provide a larger capacity rubbish bin on Grassy Beach close to the Royal Tay Yacht Club premises as the current smaller bin is often overflowing.

Vandalism in Barnhill and Brook Street
After a relatively quieter time on the vandalism front, it would appear that there is another spate of such incidents following a series of graffiti tags in Barnhill late last Thursday night and in the early hours of Friday morning.

On Monday of this week, I reported the vandalised cycle rack outside Greggs on Brook Street. When I reported this to the Police, I asked that they refer to recorded CCTV footage to try to identify the culprits over the weekend. Council Officers I contacted have confirmed they will arrange for the removal of the broken cycle rack and then subsequently a replacement that matches the remainder of the street furniture. 

Broughty Ferry Community Council meets on the first Tuesday of every month (excluding August) in the Community Library, Queen Street, Broughty Ferry Dundee DD5 2HN. Community Council meetings begin at 7pm and are open to the public.

Maintaining Vibrant Communities and Houses in Multiple Occupation

On Thursday morning at the Council's Licensing Committee, I voted twice against the granting of licences for a number of Houses in Multiple Occupation (HMOs) in the Westend of Dundee. In both instances, Councillors had been advised that the number of HMOs had already exceeded the perviously imposed limit for the relevant census area.

I hope future potential HMO owners do their homework and take cognisance of the limits that have been applied to the number of qualifying HMO licenses in specific census areas in Dundee and the number of licenses that have already been granted. This information is readily available to potential owners on application to the Council. 

Students from our two Universities and Duncan of Jordanstone College of Art are most welcome in our city and add significantly to the life of our city. But the over concentration of students in houses in multiple occupation can strain the good relations between the term time dwellers and the permanent residents.

Whilst I will continue to treat every application of its merit, in general, I think the Licensing Committee should not be granting licenses when there is no capacity left for additonal licenses in a census area and where we think that to do so would be detrimental to maintaining a balanced community.

In parts of the Westend of Dundee, I think we have already reached that point.

Call for More Integrated Consultation and Policy Development for Late Night Opening of Clubs, Pubs and Takeaways

On Thursday I wrote to Councillor David Bowes, Convener of the Licensing Board, and Councillor Stewart Hunter, the Convener of the Licensing Committee about my concerns about the disconnected public consultations about proposed changes to the licensing hours of pubs, bars and take away food establishments.
"Dear David and Stewart,
I am writing to you in your respective capacities as Convener of the Licensing Board and Convener of the Licensing Committee. As you will be aware both committees are undertaking consultations about Licensing hours. The consultation on potential extension of hours for licensed clubs and pubs has already been put out for consultation. In the covering note to that consultation, we are informed that:
'It is intended to report back to the Board at its meeting on Thursday, 22nd August 2013 and, if any of the above proposals are to be adopted, these would be incorporated in a supplementary statement to the existing licensing policy. The Board would welcome your views on the above proposals and these can be submitted to me in writing by letter to the above address or, alternative, by email to licensing.board@dundeecity.gov.uk by no later than Wednesday, 31st July 2013.'

At the Licensing Committee on Thursday 27 June, the Committee agreed to conduct a parallel consultation about licensing hours for take away food establishments. It seems unlikely that that survey can be reported until the September meeting of the Licensing Committee as understandably it is yet to be issued. At our June meeting of the Licensing Committee I asked, and it was agreed, that the eight Local Community Planning Partnerships as well as Community Councils and other local representative bodies could also be included in that consultation.

Given the obvious overlap between both consultations, I think it would be mistaken to consider them separately. In fact there is a danger that if the Licensing Board meet and make policy decisions on extending licensing hours for pubs and night clubs at their August meeting that this might then pre-empt the policy decisions of the Licensing Committee in September about opening hours for takeaways.

I suggest that we invite the Licensing staff to prepare a consolidated report on all both consultations and then provide a single report with the respective recommendations to both committees meeting in September. I understand in the early 1990s such a procedure was used and the Licensing Board met one day and the Licensing Committee met the next day.

Postponing the reporting to the Licensing Board on their policy consultation from August to September would also allow time to refer the Licensing Board consultation to the cycle of meeting of our Local Community Planning Partnerships in August.

Hopefully, this sure ensure that we have an opportunity to create and adopt an integrated set of licensing policies that work for the public and licensees."
End of letter.

I think we need a good public debate about these proposed changes to licensing hours and the consultation should not be rushed. I believe that my suggestions would not only provide an opportunity for the results of the two consultations to be brought together but also provide more time for the public to be involved.

I know many residents live close to licensed premises in central Broughty Ferry. I hope that they take this opportunity to respond to the Council's consultations about potential extended hours opening for pubs, clubs and takeaways because these proposed changes could have a significant effect on life in The Ferry.

Commenting on Proposals to Limit the Numbers of Taxi Licenses in Dundee

At the Licensing Committee yesterday, we were asked to consider putting a cap on the number of taxi licenses in Dundee (Item 3. [i] Licensing Committee Thursday 27 June 2013). This recommendation was based on the Report of Taxi Survey which had been produced by external consultants. 

I asked at the meeting about how future increases in demand for taxis could be accommodated? For example, the projected opening of the V and A and how this might be taken into account if the number of taxis was capped? I was conscious that the recently launched Tourism Action Plan for Dundee is projecting half a million visitors to the city in the first year after the V and A opens and 300,000 per year thereafter. We don't want visitors to the city arriving and finding they have to queue for a lengthy period for a taxi. That would create a very poor first impression of our city. 

I was reassured by the confirmation from Council staff that the annual updating of the survey will be able to accommodate future actual and anticipated increases in demand for taxis such as the opening of the V and A.

Licensing Committee Meeting Thursday 5 December 2012

Yesterday morning I  attended a  meeting of the Licensing Committee. This Committee deals with licenses granted by the Council including those for taxi drivers, taxi operators, window cleaners, tattooists, street traders and houses in multiple occupation; in fact just about every sort of license apart from licences for the sale of alcohol and licensed premises which are dealt with by the separate Licensing Board.

The Licensing Committee meets on a Thursday morning in the City Chambers for its regular monthly meeting at which its proceedings are considered quasi judicial. The first part of the business on the agenda is open to the press and public and deals with licenses applied for such as grant of a licence for a house in multiple occupation. In arriving at a decision, committee members, hear reports from the Council Officer who deals with the inspection of these properties to ensure they meet stringent government standards and hear any objections raised by members of the public in adjoining properties. Committee members can also question the applicant or their agent when their application comes up for decision.

The second part of the agenda includes items such as an application for a taxi driver's licence where Tayside Police have a made observations that an applicant may not be a fit and proper person to be a taxi driver. This part of the agenda is taken in private and in many instances the applicant is legally represented or has a colleague, trade union representative or family member to support them.

I find this a particularly interesting Committee to serve on.

For further information and application forms about Licensing matters please contact
Support Services Department
General Services Section
20 City Square
Dundee DD1 3BY
Tel: 434468
Email: licensing.board@dundeecity.gov.uk

Taxi Drivers Soon to Accredit their Competences

At a special meeting of the Licensing Committee on Tuesday afternoon, we considered proposals for the introduction of a National Vocational Qualification (NVQ) level 2 for Taxi Drivers in the City. 
A deputation from Unite the Union over viewed the framework for this vocational qualification which included a list of key competences in taxi driving. This would encompass observed taxi driving and emergency first aid. Unite also clarified that they would sponsor their own Taxi Driving members through the programme. 
We were also told by other deputations that some experienced drivers were apparently wary about the cost of undertaking such a programme in terms of the registration fees payable and the length of time when they were off the road undertaking the NVQ and therefore not earning.
Drawing on my experience of vocational qualifications, I was able to point out that experienced drivers should find that their progress through the NVQ would be accelerated as they would predominantly need to evidence their existing taxi driving competences.
The Committee unanimously agreed to recommend that the Council proceeds towards more detailed planning for the introduction of the NVQ level 2 Taxi Driving. This would hopefully involve a number of providers in the City as well as Unite. I think this vocational qualification is an ambitious but necessary step in helping to make Taxi Driving in our city more professional. 

Coincidence of Death of Five Residents at Orchar Nursing Home

The deaths of five residents of the Orchar Nursing Home, within the space of two days, are being investigated by Tayside Police.
A man aged 74 and four women aged 81, 88, 90 and 91 all apparently died between Sunday 25 and Monday 26 March at the Orchar Nursing Home in The Ferry. A spokesperson for Tayside Police said it was making enquiries into these five deaths.

Plea for No Tax on Art and Local Events in Dundee

The prospect of hefty fees to obtain a Public Entertainment Licence for small exhibitions and events—including those to be held free of charge—has been causing concern amongst artists, performers and owners of small venues and organisers of community events.
In Dundee where we have many arts based groups flourishing around Dundee Contemporary Arts and the Duncan of Jordanstone College of Art they have already met to try to stave off the imposition of unreasonable charges. 
In Broughty Ferry, there are many free arts and community events including the switching on of the Christmas Lights, Gala Week and the Annual Broughty Art Society Show which potentially might be affected.
At the Licensing Committee on Thursday morning 29 March I made the following contribution to the debate:
"Members I don't want a tax on art and local entertainment in Dundee . I am pleased that common sense has prevailed and the Agenda Note for the Licensing Committee this morning takes us on a more cautious route. I think is would be a sensible decision to defer imposing any charges while the Council conducts a consultation. I expect that our lengthy consultation period would allow fears and concerns about any extension of charges to be fully explored before we are asked to decide which if any events might fall within these new regulations next year. In a city that will soon have the much heralded V and A museum on our waterfront, from which we hope our arts based sector will grow, it is important not to impose red tape, regulations and ridiculous charges that would unnecessarily stifle the very creative impulse that we are trying to foster in Dundee. Additionally I don't want to discourage community groups from organising events in their neighbourhoods for their members and supporters. We must not do anything that would discourage their valued contribution to the life of our city."


The Committee decided to defer imposing any new charges while Council staff undertake a thorough consultation.


Notes
Until recently, it was up to each local authority which public entertainment events they chose to licence. However, changes brought in by the Criminal Justice and Licensing (S) Act 2010 now require them to look at Public Entertainment Licences for free events.
One of the motivations behind this change was impromptu raves, that would spring up in some public parks – but as no entry fee was charged, the Local Authority could not effectively regulate the events through their licensing system. 
The range of licensable activities is still left to each individual Local Authority to determine according to local need. Please note that the requirement is for the place (venue etc), not the person (organisers), to be licensed.
This change is due to come into effect on 1 April 2012. Some local authorities have already considered the implications of charging licensing fees for free events and have exempted certain ones. Others, like Dundee have decided that this is a change that attracts a standard 9 month consultation period.