Agenda and minutes

The agenda and reports associated with this minute can be found at:-

http://councilcommittees/ieListDocuments.aspx?CId=149&MId=2924&Ver=4

Please note that if any changes are made to this minute at the point of approval, these will be outlined in the subsequent minute and this document will not be retrospectively altered.

The Convener proposed that the report at item 3.6 (Late Hours Catering Legislative Amendments) be considered prior to the applications relating to Late Hours Catering Licences.

The Convener also took the opportunity to refer to the Council’s decision to amend the membership of the Committee and thanked Councillors Blackman, Nathan Morrison and Reynolds for their input during their time as members of the Committee.

The Committee resolved:

(i)                 to agree to the proposal; and

(ii)               to concur with the Convener in his thanks to the above Councillors.

The Committee was advised that a request for deputation had been received from Unite the Union in relation to item 3.5 (Taxi Fare Review) of the agenda.

The Committee resolved:

to hear the deputation prior to consideration of the report.

The Committee had before it the minute of its previous meeting of 18 June, 2013.

The Committee heard from Ally Thain, Private Sector Housing Manager who referred to appendix A(1) resolution (ii) of the minute, and sought clarification in terms of the instruction to send copies of all future letters of representation relating to HMO applications to Police Scotland.

The Committee resolved:-

(i)       to confirm the decision that copies of all future letters of representation relating to HMO applications be sent to Police Scotland; and

(ii)      to otherwise approve the minute.

The Committee had before it the minute of meeting of the Sports Ground Advisory Working Group of 20 June, 2013.

The Committee resolved:-

to note the minute.

The Committee had before it details of the business dealt with by the Informal Business Panel since 18 June, 2013.

The Committee resolved:-

to note the informal business.

The Committee had before it by way of referral from the Housing and Environment Committee of 27^th August, 2013 a report by the Director of Housing and Environment which provided detail of the outcome of the consultation on HMO overprovision in Aberdeen and policy development across Scotland.

The report recommended to the Housing and Environment Committee-

(a)       agrees that following analysis of the current HMO provision in the city and the responses to the consultation that no policy on HMO overprovision is introduced;

(b)       instructs the Director of Housing & Environment to continue to monitor policy and legal developments in HMO overprovision across Scotland and report back to Committee as appropriate if there are developments which require the Council’s position on HMO overprovision to be reviewed;

(c)        agrees that a review of the position of overprovision should be formally undertaken in 2016 if this has not been required earlier by recommendation (b) above;

(d)       notes that any HMO application that is the subject of a representation will be considered by the Licensing Committee who will decide whether to grant a HMO licence; and

(e)       remit this report and Committee decision to the Licensing Committee for their information and independent action.

The Housing and Environment Committee had resolved:-

(i)         to request officers to monitor the HMO provision in Old Aberdeen and report back in 12 months;

(ii)        to request officers to determine the scale of un-registered houses across the City available to let and report back in twelve months; and

(iii)       to otherwise approve the recommendations contained in the report.

The Committee resolved:-

to note the information provided.

The Committee had before it, for its consideration, the applications listed in Appendix A to this minute.

The Committee resolved:-

that all applications be determined on the basis shown in Appendix A and that all licences are subject to the Council’s standard conditions unless otherwise stated.

The Committee had before it a report by the Acting Director of Corporate Governance which clarified and consolidated the Committee’s policy guidelines for Late Hours Catering Licences.

The report recommended:-

that the Committee –

(a)       approves its consolidated policy on late hours catering (see appendix 2 of the report); and

(b)       notes that officers will publish it online on the Committee’s late hours catering licence web page.

The Committee resolved:-

(i)         to approve the recommendations; and

(ii)        to agree that in addition to its current guidelines in respect of late hours catering licences, in the event of an application for the grant, renewal or variation of a late hours catering licence where the applicant seeks to trade beyond the committee's current guideline terminal hours and the application attracts no objection or adverse observation, the application may be granted by officers under delegated powers. Such additional delegation of powers would not apply to premises trading in hot food and/or hot beverages.

With reference to article 8 of the minute of meeting of 6 June, 2012, the Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided an update in relation to the review of the night time ranks, in light of the information and recommendations contained within the Taxi Demand Survey produced by the Transport Research Institute, Taxi Studies Group Edinburgh Napier University.

The report recommended:-

that the Committee –

(a)       notes the contents of the report; and

(b)       instructs officers of Enterprise, Planning and Infrastructure and Legal and Democratic services to continue progressing the changes outlined within the report.

The Committee resolved:-

to approve the recommendations.

With reference to article 8 of the minute of meeting of 17 April, 2012, the Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided an update in relation to the taxi rank specific recommendations, in light of the information contained within the Taxi demand Survey produced by the Transport Research Institute, Taxi Studies Group, Edinburgh Napier University.

The report recommended:-

That the Committee –

(a)       notes the contents of the report;

(b)       instructs officers of Enterprise, Planning and Infrastructure and Legal and Democratic Services to commence the legal procedures for the installation of a new taxi rank on George Street; and

(c)        instructs officers of Enterprise, Planning and Infrastructure and Legal and Democratic Services not to commence the legal procedures for the installation of a new taxi rank located on Rosemount Viaduct at this time.

The Committee resolved:-

to approve the recommendations.

With reference to article 4 of the minute of meeting of 26 March, 2013, the Committee had before it a report by the Acting Director of Corporate Governance which proposed a variation to the Committee’s roof sign condition for taxi licences and resolutions to related matters.

The report recommended:-

that the Committee –

(a)               agree in principle to the proposed variation to Condition 16 of the Conditions Applicable to Taxi Licences, both City and Airport Zones;

(b)               agree in principle to the proposed variation to Condition 16A of the Conditions Applicable to Private Hire Car Licences;

(c)               instruct officers to complete the statutory variation procedures and report back;

(d)               note that the Aberdeen City Council Taxi Testing Supplement to the VOSA M.O.T Testers Manual will be updated; and

(e)               note that a separate Aberdeen City Council Taxi Testing Supplement to the VOSA M.O.T Testers Manual will be produced for private hire cars.

The Committee resolved:-

to approve the recommendations.

With reference to article 7 of the minute of meeting of 20 November, 2012, the Committee had before it a report by the Acting Director of Corporate Governance which provided information in relation to the process to review its Taxi Licence Policy.

The report recommended:-

that the Committee –

(a)               note the process to review its Taxi Licence Policy; and

(b)               instruct officers to commence the process of reviewing the policy in early 2014.

The Convener, seconded by Councillor Boulton moved:-

            that the recommendations contained within the report be approved.

Councillor Delaney, seconded by Councillor Corall moved as an amendment to the report recommendations:-

            to remove the current cap on taxi licences.

Councillor Boulton had earlier moved the following as an amendment to the report recommendations but had not received a seconder and so in terms of standing order 12(6), this amendment had fallen :-

(1)               to approve the recommendations contained within the report;

(2)               to temporary suspend the current cap on taxi licences to allow the 140 people on the waiting list to apply for licences; and

(3)               to undertake a full review of the taxi licence limit following the survey in early 2014.

On a division, there voted between the Convener’s motion and Councillor Delaney’s amendment:- for the motion (7) the Convener and Councillors Boulton, Graham, Ironside CBE, MacGregor, Malik and Townson; for the amendment (3) Councillors Corall, Cormie and Delaney.

The Committee resolved:-

to adopt the motion.

As agreed at the start of the meeting (Article 2 of this minute refers), the Committee received a deputation from Steve Robertson, on behalf of Unite, the Union.

Mr Robertson requested that the Committee defer consideration of this item until Unite, the Union members hold a meeting to consider the proposals within the report.

The Committee resolved:-

to defer consideration of the report until next the meeting of the Committee.

The Committee had before it a statement of Committee Business from the Head of Legal and Democratic Services.

The Committee resolved:-

to remove item 1 (Taxi Demand Survey – Rank Specific Recommendations); Item 2 (Review of Night Time Ranks and Closed Ranks); and item 5 (Taxi Roof Signs) from the statement.

EXEMPT  INFORMATION

In accordance with the Data Protection Act 1988 (Principle 1), the press and public were excluded from the meeting during consideration of the following item.

The Committee had before it, for its consideration, the applications listed in Appendix B to this minute.

The Committee resolved:-

that all applications be determined on the basis shown in Appendix B and that all licences be subject to the Council’s normal conditions unless otherwise stated.

- COUNCILLOR FRASER FORSYTH, Convener

APPENDIX A

1.         APPLICATION FOR THE RENEWAL OF A HOUSE IN MULTIPLE OCCUPATION

Application Reference Number – 2/001

Premises - 2 Wallacebrae Road

The Committee had before it one letter of representation.

Ally Thain, Private Sector Housing Manager, advised that works on the premises had still to be completed, although this was not the reason it was before the Committee today.

The respondent was not in attendance.

The applicant was not in attendance.

The Committee resolved:-

to defer consideration of the application until the works were completed, after which time officers could grant the application under delegated powers if appropriate.                

2.         APPLICATION FOR THE RENEWAL OF A HOUSE IN MULTIPLE OCCUPATION

Application Reference Number – 2/002

Premises – 42 Skene Terrace

The Committee were advised that the letter of representation had been withdrawn, which was the reason it was before the Committee today.

The Committee resolved:-

to defer consideration of the application until the works were completed, after which time officers could grant the application under delegated powers if appropriate.      

3.         APPLICATION FOR THE RENEWAL OF A HOUSE IN MULTIPLE OCCUPATION

Application Reference Number – 2/003

Premises – 19 Rosehill Place

Mr. Ally Thain, Public Sector Housing Manager advised that there was a letter of representation that was received outwith the statutory time period within which, such letter must be received. He further advised that the Committee may consider a late representation if it was satisfied that it was reasonable for the respondent to make the representation after the deadline.

The respondent was not present.

The applicant was not present.

The Committee resolved:-

that the letter of representation would not be admitted to the proceedings for consideration.

Mr Thain indicated that works on the premises had still to be completed, although this was not the reason it was before the Committee today.

The Committee further resolved:-

to defer consideration of the application until the works were completed, after which time officers could grant the application under delegated powers if appropriate.                

4.         APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION

Application Reference Number – 2/004

Premises – 13 Ashgrove Road

The Committee had before it four letters of representation.

The Committee heard from two respondents in terms of one of the letters of representation. The respondents wished to circulate further evidence to the Committee.

The applicant had no objection to the evidence being circulated.

The Committee agreed to its circulation.

The Committee then heard from the applicant’s agent, Mr Gould in support of the application.

The Committee resolved:-

(i)         to grant the application;

(ii)        that officers provide contact details of the Council’s Anti-Social Behaviour Team to the respondents who had submitted letters of representation;  ...  view the full minutes text for item 15.