Agenda, decisions and minutes

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

Http://committees.aberdeencity.gov.uk/ielistdocuments.aspx?Cid=149&mid=3896&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 Committee had before it four requests for deputation from Mr Mark Cullen, Mr Chris Douglas, Mr Gavin Johnston and Mr Graeme McColl in relation to item 4.2 (Knowledge Testing for Private Hire Drivers).  Mr Graeme McColl also requested a deputation in relation to item 4.3 (Taxi Fare Review).  Members noted that the request from Mr McColl was received out with the timescales stated in Standing Order 10(1).

The Committee resolved:-

(i)            to agree to hear the deputations from Mr Cullen, Mr Douglas and Mr Johnston immediately prior to consideration of the reports; and

(ii)          to suspend Standing Order 10(1) and thereby to agree to hear the deputation from Mr McColl, also immediately prior to consideration of the reports.

The Committee had before it the minute of its previous meeting of 25 October 2016.

The Committee resolved:-

to approve the minute as a correct record.

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

The Committee resolved:-

(i)            in relation to item 2 (Training for Taxi Drivers) and item 3(a) (Private Hire Driver Training), to note that a combined report would be submitted to the Committee meeting on 18 April 2017;

(ii)          in relation to item 3(b) (Street Knowledge Testing for Private Hire Drivers), to remove this item from the statement as the report was contained on the agenda for consideration;

(iii)         in relation to item 5 (Review of Accessible Vehicles Policy), to note that a letter would be issued imminently to the Chief Executive of Dundee City Council and that an update would be provided at its next meeting on 7 February 2017; and

(iv)         in relation to item 6 (Taxi Fare Review), to note that officers were still to explore ways in which any future increase in airport access charges could be mitigated by the Council in a timely manner.

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 were subject to the Council’s standard conditions unless otherwise stated.

The Committee had before it a report by the Interim Director of Corporate Governance which outlined the implications of the Immigration Act 2016 in relation to the Taxi and Private Hire Car Licensing regime.

The report recommended:-

that the Committee –

(a)          agree to give delegated powers to the Head of Legal and Democratic Services, to grant taxi and private hire car driver licences for those applicants whose leave to remain in the UK is time limited for such period as appropriate; and

(b)          otherwise note the report.

The Committee resolved:-

to approve the recommendations.

(A)       In terms of Standing Order 10(1), the Committee received deputations from:-

(1)       Mr Mark Cullen who advised (a) that he had undertook a canvassing exercise of taxi driver opinion in person and also through two social media websites devoted to the trade in the city and it revealed that 100% were in favour of the current knowledge test being applied to all private hire drivers; (b) there were several hundred private hire drivers on the circuit who have not undertook any formal training or passed the Council’s street knowledge test; and (c) that the taxi driver trade universally welcomes this development and supports the recommendations of the report.

The Committee asked a number of questions of Mr Cullen.

(2)       The Committee then received a deputation from Mr Chris Douglas who advised (a) that taxi and private hire drivers were two completely different functions within the licensing regime that serve a wide range of functions within the hire and reward industry and if we start to treat them the same, we will start to create significant issues for business, drivers and the public alike; (b) that the present two tier licensing system works very well and is designed to allow an operator to carry out their business safely and legally within a framework that mutually benefits and safeguards both the public and the licence holder; (c) that the root cause of most of the problems that exist within the industry is the fact that the same knowledge test was applied to both taxi and private hire drivers which alienated a huge part of what should now be a very well established and evolved industry in the city but comparatively we are very much behind; (d) that the industry has a shocking reputation with the public, faith in our industry’s services is at an all-time low and people are desperate for other options; (e) that there is a need for a full transparent survey into unmet pre-booked demand in the city; and (f) that the way forward is to establish a test and framework that truly works in the city for the people and businesses of Aberdeen and not just for the market leaders who have continually lobbied to create a monopoly in the market place that benefits only them and a minority of drivers.

The Committee asked a number of questions of Mr Douglas.

(3)       The Committee then received a deputation from Mr Gavin Johnston who advised (a) that the Committee should defer consideration of imposing the knowledge test for private hire drivers until a proper survey is conducted which will take into consideration the people of Aberdeen and to undertake a consultation with Taxi and Private Hire Operators taking into consideration all modern reasons and technology used; (b) that since the Council abolished the test for private hire drivers, there has been a great improvement in the reliability of service provided to the public and the positive feedback from the people of Aberdeen; (c) that there has been no  ...  view the full minutes text for item 6.

MATTER OF URGENCY

The Convener intimated that she had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency as the date for altering the taxi meters to reflect the increase on the Airport charges has been provisionally booked for 23/24 January 2017.  If the report is not heard until 7 February 2017 Committee, these dates will have to be changed and re-advertised.

(A)       In terms of Standing Order 10(1), the Committee received a deputation from Mr Graeme McColl who wished to thank officers for the work undertaken for the preparation of the report and its recommendations for the taxi fares which mirrored those calculated by the taxi trade.

(B)       With reference to article 9 of the minute of its previous meeting of 25 October 2016, the Committee had before it a report by the Interim Director of Corporate Governance which provided information in relation to the requirement to review and fix scales for fares and any other charges.

The report recommended:-

that the Committee –

(a)          note the content of the report;

(b)          confirm its decision to fix fares at the existing level;

(c)          confirm its decision to fix the surcharge for non-airport zoned taxis dropping passengers at the inner forecourt at £2;

(d)          approve the Tariff Card attached at appendix 1 of the report; and

(e)          agree that the tariff will take effect from 23 January 2017, provided no appeal is lodged with the Traffic Commissioner.

The Committee resolved:-

To approve the recommendations.

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 were subject to the Council’s standard conditions unless otherwise stated.

- COUNCILLOR MARIE BOULTON, Convener.

APPENDIX A

1.            GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION

Application Reference Number – 3/01

Premises – 91 Bedford Road, Aberdeen

The Committee were advised that this application had been granted under delegated powers.

2.            GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION

Application Reference Number – 3/02

Premises – 4 Devonshire Road, Aberdeen

The Committee had before it a report by the Private Sector Housing Manager in respect of the application and one letter of representation.

The applicant, Mr Plane, was in attendance and spoke in support of the application.

The Committee resolved:-

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

3.            APPLICATION FOR THE GRANT OF A STREET TRADER’S LICENCE – CLAIRE SUTHERLAND

Application Reference Number – 3/03

Location – Zones 1, 2 and 5

The Committee had before it an information note prepared by the Head of Legal and Democratic Services in respect of the application which advised that the applicant had not provided a food safety certificate.

The applicant was not in attendance.

The Committee resolved:-

to refuse the application.

4.            APPLICATION FOR THE RENEWAL OF A STREET TRADER’S LICENCE – GARY ZUCINSKI

Application Reference Number – 3/04

Location – Zones 1 to 8

The Committee were advised that this application had been granted under delegated powers.

5.            APPLICATION FOR THE GRANT OF A PUBLIC ENTERTAINMENT LICENCE – SEATON COMMUNITY PROJECT AND HUT

Application Reference Number – 3/05

The Committee were advised that this application had been granted under delegated powers.

6.            APPLICATION FOR THE RENEWAL OF A STREET TRADER'S LICENCE – ELIZABETH USHER MACDONALD

Application Reference Number – 3/06

Location – Souterhead Road, Altens Industrial Estate

The Committee was advised that the application had been withdrawn.

7.            APPLICATION FOR THE RENEWAL OF A PUBLIC ENTERTAINMENT LICENCE – WAREHOUSE HEALTH CLUB

Application Reference Number – 3/07

The 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 the application had been placed on the agenda as it required to be determined by 7 February 2017, and to date the applicant had not provided a certificate stating that they have complied with the requirement contained in paragraph 2 of Schedule 1 to the Civic Government (Scotland) Act 1982 to display a notice at or near the premises for a period of 21 days beginning with the date on which the application was submitted to the licensing authority.

The applicant was not in attendance.

The Committee resolved:-

to defer consideration of  ...  view the full minutes text for item 8.