Issue - meetings

With reference to article 23 of appendix B of the minute of the meeting of the Licensing Committee of 12 September 2017, the Sub Committee had before it an information sheet prepared by the Head of Legal and Democratic Services in respect of the application.

The applicant was in attendance and spoke in support of his application.

Members asked questions of the applicant.

The Sub Committee resolved:

to refuse the application.

- COUNCILLOR JOHN REYNOLDS, Convener

The Sub Committee had before it an information sheet prepared by the Head of Legal and Democratic Services in respect of the application.

The applicant was represented by Mr Tony Dawson, who was in attendance and spoke in support of the application and requested that if the application was granted, that the applicant be exempt from the requirement to undertake the street knowledge test again and explained the rationale for this.

The Sub Committee resolved:

to agree that the applicant be exempt from the street knowledge test requirement on the basis of the mitigating circumstances presented by the applicant’s representative and thereby to grant the application.

- COUNCILLOR JOHN REYNOLDS, Convener

With reference to article 9 of appendix B of the minute of the meeting of the Licensing Committee of 18 April 2017, the Sub Committee had before it (1) an information sheet prepared by the Head of Legal and Democratic Services in respect of the application; and (2) letters of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 3 and 13 April 2017, and Sergeant Flett was in attendance.

The applicant was in attendance.

The Sub Committee heard from Mr Munro, Legal Advisor, who advised that the applicant had not been provided with 14 days’ notice with regards to attending at today’s meeting as the meeting had been arranged at the earliest opportunity at the applicant’s request.  He also advised that the applicant had explained that his legal representation was not available to attend today’s meeting.  On this basis, he asked the applicant whether he wished to proceed today, or to defer consideration of the application to the next meeting of the Licensing Committee.

At this juncture, the Committee had a short adjournment to enable the applicant to contact his legal representative.

Thereafter, the applicant confirmed that he wished his application to be considered today.

The Sub Committee heard from Sergeant Flett, Police Scotland, who spoke in support of the letters of objection dated 3 and 13 April 2017.

The Sub Committee then heard from the applicant in support of his application.

The Sub Committee resolved:

to grant the application and to agree that the applicant was not required to sit the street knowledge test as he had previously passed this.

- COUNCILLOR MARIE BOULTON, Convener

The Sub Committee had before it an information note prepared by the Head of Legal and Democratic Services in respect of the application.

The information note advised that Vegan Outreach had applied to hold a public charitable collection in the form of a bake sale on 15 April 2017. The application had been submitted on 30 March 2017, which was less than one month before the proposed collection, and therefore did not comply with the statutory 28 day notice period. In addition, there was another street collection planned on this date.

The applicant, Ms Rebecka Knowles, Vegan Outreach, was in attendance and spoke in support of the request and explaining why the application had been submitted outwith the statutory 28 day notice period.

The Sub Committee resolved:

to make an order to waive the statutory 28 day notice period and to grant the application.

- COUNCILLOR MARIE BOULTON, Convener</AI3><AI4>AA</AI5>

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The Sub Committee had before it an information note prepared by the Head of Legal and Democratic Services regarding the validity of various applications for the renewal of a private hire driver’s licence which had been submitted early.

The note advised that guidance attached to application forms stated that renewal applications could not be submitted more than two months prior to the expiry of the licence.

The following options for disposal of the applications were available to the Sub Committee:

(a)          refuse the applications as invalid;

(b)          process the applications in the normal fashion; and

(c)          process the applications but require the applicants to attend Committee to explain the reason for the early submission regardless of any representations/objections. 

The Convener, seconded by Councillor Crockett moved:-

that the Sub Committee agree –

(1)          that the Head of Legal and Democratic Services process the early private hire driver renewal applications, however require each of the applicants to attend Committee to explain the reason for the early submission regardless of any representations / objections prior to determining the applications; and

(2)          that renewal applications could not be received up to six months in advance of the licence holders renewal date and therefore any requests received in advance of this timescale would be treated as incompetent and not processed and to request the Head of Legal and Democratic Services to update the guidance attached to application forms on this basis.

Councillor Nicoll moved as an amendment:-

that the Sub Committee agree that the Head of Legal and Democratic Services process the early renewal private hire driver renewal applications in the normal manner.

Councillor Nicoll’s amendment failed to attract a seconder and therefore was not put to the vote.

The Sub Committee resolved:

to adopt the motion.