Agenda and minutes

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

http://councilcommittees/ieListDocuments.aspx?CId=149&MId=1934&Ver=4

In accordance with Standing Order 10(1), the Convener advised that a request for deputation had been received from Mr Russell McLeod on behalf of the Aberdeen Taxi Group in relation to the reports on the Taxi Consultation Group and Taxi Fare Review (as detailed at Articles 12 and 13) of this minute.

The Committee resolved:-

to accept and hear the deputations prior to considering the relevant reports.

Prior to considering the matters before the Committee, members were requested to resolve that any exempt business on the agenda be considered with the press and public excluded.

The Convener sought the agreement of the Committee to consider Stanley Beattie’s request for permission to substitute a saloon car onto a Taxi Operator’s Licence with the press and public excluded from the meeting as a result of additional correspondence being submitted containing information which was data protected (item 9 of Appendix B of this minute refers).

The Committee resolved:-

(i)         to agree to the Convener’s request;

(ii)        in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting during consideration of the following items of business so as to avoid disclosure of exempt information of the class described in the following paragraphs of Schedule 7(A) to the Act:-  article 16 (paragraphs 6, 8 and 10), and article 17 (paragraph 14); and

(iii)       in terms of the Data Protection Act 1998 (Principle 1) to exclude the press and public from the meeting during consideration of the following items of business due to the personal and sensitive nature of the information contained therein:-  5.2 (Application for the Renewal of a Taxi Driver Licence – James Davidson), 5.3 (Application for the Renewal of a Taxi Driver Licence – Stephen Simpson) and 5.10 (Request for Permission to Substitute a Saloon Car onto a Taxi Operator Licence – Stanley Beattie), (Items 2, 3 and 10 of Appendix B to this minute refer).

The Committee had before it the minute of its previous meeting of 1 June, 2011.

The Committee resolved:-

to approve the minute.

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 Committee consider the following item of business as a matter of urgency in order that the Minute could be considered.

The Committee had before it the minute of meeting of the Evidential Hearings Sub-Committee of 30 June, 2011.

The Committee resolved:-

to note the minute.

The Committee had before it the minute of meeting of the Sports Ground Advisory Working Group of 7 July, 2011.

The Committee resolved:-

to note the minute.

The Committee had before it a statement of the business dealt with informally since 1 June, 2011.

The Committee resolved:-

to note the informal business.

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

The Committee resolved:-

to delete item 2 (Request by Aberdeen Taxi Group for a Taxi Fare Review), and item 3 (Request by Aberdeen Taxi Group for a Taxi Demand Survey) from the statement.

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

The Convener sought approval from the Committee to consider item 3.1 on the agenda relating to the application for the Grant of a House in Multiple Occupation – 52 Bedford Place, Aberdeen at a later stage on the agenda (item 22 of Appendix A to this minute refers).

The Committee resolved:-

(i)         to agree to the Convener’s request; and

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

With reference to Article 22 of the minute of meeting of the Housing and Environment Committee of 25 August, 2011, the Committee had before it by way of remit, a report by the Director of Housing and Environment which (1) outlined the provision of Part 5 of the Housing (Scotland) Act 2006 concerning licensing of Houses in Multiple Occupation which would come into effect on 31 August 2011 and (2) advised of the changes that had been introduced by the Private Rented Housing (Scotland) Act 2011.

The Housing and Environment Committee agreed to refer the report to the meeting of the Licensing Committee on 14 September, 2011 for noting.

The Committee resolved:-

to note the content of the report.

The Committee had before it for consideration, correspondence from Gary and Jane Mair relating to a request to change the licence holder (Jane Mair) from an individual to a partnership (Jane and Gary Mair) and to request retention of a non-wheelchair accessible vehicle.

The Committee heard Eric Anderson, Senior Solicitor, Licensing, provide background information with regard to the request, during which he made reference to the Council’s wheelchair accessible taxi policy.

The Committee then heard from Mr Gary Mair on the circumstances surrounding the request.

The Committee resolved:-

to allow Gary and Jane Mair to retain a non-wheelchair accessible taxi vehicle in the event that they submit an application for a Grant of a Taxi Licence (partnership).

As agreed at the start of the meeting (Article 1 of this minute refers), the Committee received a deputation from Graeme McColl and Lynne Smith on behalf of the Aberdeen Taxi Group.

Graeme McColl suggested that consideration should be given to including representation from the licensed taxi booking offices and the Disability Advisory Group on the Taxi Consultation Group (TCG).  He intimated that each of these bodies should be permitted to have two representatives on the TCG which would allow continuity if one representative could not attend the meeting.   He also suggested that the Group meets four times yearly to coincide with the meetings of the Licensing Committee.

The Committee had before it a report by the Director of Corporate Governance which sought approval of the revised remit, governance and membership of the TCG.

The report recommended:-

that the Committee –

(a)       agree the remit of the Taxi Consultation Group as outlined in the report at section 5.1;

(b)       approve the membership of the Group as outlined in the appendix to the report; and

(c)        agree that the TCG meet twice a year (one meeting prior to and the other following the summer recess) and that the dates for these meetings be agreed by the Convener of the Group.

The Convener moved a revised set of recommendations in the following terms:-

that the Committee –

(a)       agrees that the remit for the Taxi Consultation Group is as follows “a working group of the Licensing Committee to be known as the Taxi Consultation Group will be formed.  It will consist of a maximum number of five elected members and eight representatives of the taxi trade of whom one will represent the airport operators and two will represent licensed taxi booking offices.  The Disability Advisory Group will also have one representative as a member of the Group.

Additional attendees will include the Taxi Inspector, the Fleet Services Manager and a solicitor representing the licensing function.  Other relevant representatives will be invited to attend meetings on an ad-hoc basis.

Taxi trade members must represent a specific and recognised interest group.  It will be understood that the representatives will report to their members after meetings.

The Group will meet three times yearly.  The Group will act without any powers but will discuss matters of relevance to the taxi trade at the discretion of the Convener and make recommendations to the Licensing Committee as appropriate.

Matters of relevance includes all matters relevant to the taxi trade in Aberdeen that are within the remit of the Licensing Committee.”;

(b)       agrees the voting membership for the Taxi Consultation Group as outlined within the appendix to the report, with the addition of two individuals who represent licensed taxi officers, one individual from the Disability Advisory Group and five elected members and also agrees that the TCG members will be allowed to send a substitute to the meeting should they be unable to attend; and

(c)        agrees that the TCG meets three times a year and that the  ...  view the full minutes text for item 12.

As agreed at the start of the meeting (Article 1 of this minute refers), the Committee received a deputation from Graeme McCall and Lynne Smith on behalf of the Aberdeen Taxi Group (ATG).

Lynne Smith advised that costs for taxi drivers had risen substantially over the past three years due to inflationary increases, the costs for purchase and servicing vehicles and increased fuel prices.  She made reference to the formula used by officers to calculate the average fare per mile to cover costs which in her opinion, did not take into account the impact of those taxis caught in traffic.

Graeme McCall agreed with the general comments contained within the report at section 5.8, namely, that in setting fares the Licensing Committee must take account of relevant costs and comparisons to ensure the taxi trade receives an adequate return to enable it to continue to meet the public’s requirement for its services.

The Convener sought the Committee’s approval to circulate and consider correspondence received by Brian Adam, MSP dated 1 September, 2011 regarding a request to discontinue the practice of charging a £1 taxi telephone booking fee.  The request to circulate the correspondence was approved.

The Committee had before it a report by the Director of Corporate Governance which provided details to allow the Committee to reach an informed decision on any changes to be made to the current taxi fare tariff arising from proposals submitted by ATG on behalf of the taxi trade in Aberdeen.

The report recommended:-

that the Committee considers the report and any representations made by members of the trade and –

(a)       agrees in principle to ATG’s proposal for a basic charge of £2.40 for the first 950 yards and thereafter a charge of £0.20 for every additional 180.5 yards;

(b)       decides if it wishes to implement the increase in waiting time to £23 per hour;

(c)        decides if it wishes to increase the surcharge for hires commencing at the railway station to £1;

(d)       sets the date on which the new tariff would take effect (and taking into account the statutory consultation period and lodging of any appeal).  The earliest date that a change to the tariff can be effected is 8 December, 2011, but this date may be subject to change; and

(e)       instructs the Head of Legal and Democratic Services to advertise the general effect of the proposals and the date when it is proposed that they take effect.

The Convener, seconded by Councillor Boulton moved:-

“that the Committee –

(a)       agrees for the purpose of advertising the proposal, a basic charge of £2.40 for the first 950 yards and thereafter a charge of £0.20 for every additional 180.5 yards;

(b)       agrees for the purpose of advertising the proposal an increase in waiting time to £23 per hour;

(c)        agrees for the purpose of advertising, to make no change to the surcharge for hires commencing at the railway station;

(d)       agrees that the tariff  ...  view the full minutes text for item 13.

The Committee had before it details of its Sub-Committees and Working Groups including their remits, meeting schedules and memberships as prepared by the Head of Legal and Democratic Services.

The Convener proposed that the membership of each group be based on the political balance of the Council as follows:-

The Committee resolved:-

(i)         to approve the membership allocation of the Sub-Committee and Working Groups as outlined above; and

(ii)        to instruct the Clerk to write to Group Leaders to ascertain the membership for each of the Sub-Committees and Working Groups.

EXEMPT INFORMATION

            In accordance with the decision recorded under Article 2 of this minute, the following items were considered with the press and public excluded.

The Committee had before it a report by the Director of Corporate Governance which provided details of the result of the recent invitation to quote exercise in respect of the undertaking of a taxi survey in Aberdeen.

The report recommended:-

that the Committee -

(a)       proceed with a contract for a taxi demand survey;

(b)       appoints TRI Taxi Studies Group (Transport Research Institute, Edinburgh Napier University) as the preferred bidder as specified in the invitation to quote;

(c)        notes that recommendation (b) is subject to the preferred bidder’s acceptance of the Council’s terms and conditions as set out in the invitation to quote and the conclusion of the appropriate contractual documents; and

(d)       instructs officers in the event that the preferred bidder is not prepared to accept the Committee’s terms and conditions to pursue the next bidder in line until a contract is concluded.

The Convener moved that recommendation (d) above be amended to read:-

“instructs officers in the event that the preferred bidder is not prepared to accept the Committee’s terms and conditions, to pursue the next bidder in line except bidder 4 due to the low evaluated percentage score”.

The Committee resolved:-

(i)         to approve recommendations (a), (b) and (c) of the report; and

(ii)        to agree to amend and approve recommendation (d) as outlined above.

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

The Convener sought approval from the Committee to consider item 5.6 relating to the application for the renewal of a Taxi Driver Licence at an earlier stage on the agenda (item 1 of Appendix B to this minute refers).

The Committee resolved:-

(i)         to agree to the Convener’s request; and

(ii)        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 KIRSTY WEST, Convener.

APPENDIX A

DECLARATIONS OF INTEREST

Councillors Allan and Townson declared an interest in the subject matter of the following item of business for the reason that they both know an objector to the application.   They left the meeting during consideration thereof.  

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

Application Ref No.  3/002

Premises – 24 Sunnyside Avenue, Aberdeen

The Committee were advised that three letters of objection had been submitted in relation to the application.

The Committee heard from one of the objectors and from a representative of another objector.

The Committee heard from the applicant Mrs. Georgia Kassab in support of her application.  

Councillor Donnelly, seconded by the Convener moved:-

            “that the application be granted under delegated powers for a maximum occupancy of seven persons subject to the works on the premises being completed.”

Councillor John Stewart, seconded by Councillor Collie moved as an amendment:-

            “that the application be granted under delegated powers for a maximum occupancy of five persons subject to the works on the premises being completed.”

On a division, there voted:-   for the motion (3) – the Convener;  and Councillors Cormie and Donnelly;  for the amendment (8) – Councillors Boulton, Collie, Cormack, Farquharson, Leslie, Noble, John Stewart and Yuill.

The Committee resolved:-

to adopt the amendment.

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

Application Ref No.  3/003

Premises – 118 Union Grove, Aberdeen

The Committee were advised that five letters of objection had been submitted in relation to the application.

The Committee heard from two objectors.  

The Committee heard from the applicant Mrs. Jane Guthrie in support of the application.  

            The Committee resolved:-

to agree that officers could grant the application under delegated powers subject to the completion of the works on the premises.

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

Application Ref No.  3/004

Premises – 10 Sunnyside Avenue, Aberdeen

The Committee were advised that one letter of objection had been submitted in relation to the application.

The Committee heard from Mr. Richard Thomson, Thomson Properties representing the applicant in support of the application.

            The Committee resolved:-

to agree that officers could grant an application for renewal under delegated powers subject to the completion of the works on the premises.

4.         APPLICATION FOR THE GRANT OF A HOUSE IN  ...  view the full minutes text for item 17.