Agenda and minutes

Licensing Committee - Tuesday, 17th April, 2012 10.00 am

Venue: Committee Room 2 - Town House. View directions

Contact: Mark Masson, tel. 52(2989) or e-mail  mmasson@aberdeencity.gov.uk 

Items
No. Item

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

http://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=149&MId=2302&Ver=4

 

1.

DETERMINATION OF EXEMPT BUSINESS

Minutes:

Members were requested to resolve that any exempt business on the agenda be considered with the press and public excluded.

 

The Committee resolved:-

(i)         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:-  7.1 and 7.3 to 7.7 so as to avoid disclosure of exempt information of the class described in paragraph 14 of Schedule 7(A) to the Act (Items 1 and 3 to 7 of Appendix B to this minute refers); and

(ii)        in terms of the Data Protection Act 1988 (Principle 1) to exclude the press and public from the meeting during consideration of the following items of business:-  6.1 to 6.8 (articles 11 to 18 of this minute refers) and 7.2 (Item 2 of Appendix B to this minute refers).

2.

Valedictory

Minutes:

The Convener alluded to the fact that this was the final meeting of the Licensing Committee prior to the local government elections in May, and thanked all members of the Committee and officers for their contribution and support which made her position as Convener less difficult. She concluded by thanking Councillor Reynolds, the previous Convener of the Committee for his advice, Sergeant Keith Middler, Grampian Police and all Taxi Drivers for their input.

 

In response, members of the Committee thanked the Convener for the work she undertook during her time as Convener.

3.

Minute of Meeting of 21 February 2012 pdf icon PDF 65 KB

Minutes:

The Committee had before it the minute of meeting of 21 February, 2012.

 

The Committee resolved:-

to approve the minute.

4.

Minute of Special Meeting of 27 March 2012 pdf icon PDF 28 KB

Minutes:

The Committee had before it the minute of meeting of 27 March, 2012.

 

The Committee resolved:-

to approve the minute.

5.

Minute of Meeting of Taxi Consultation Group of 7 March 2012 pdf icon PDF 40 KB

Minutes:

The Committee had before it the minute of meeting of the Taxi Consultation Group of 7 March, 2012.

 

The Committee resolved:-

to note the minute.

6.

APPLICATIONS FOR GRANT, RENEWAL OF VARIATION OF LICENCES - List of Applications pdf icon PDF 12 KB

Additional documents:

Minutes:

The Committee had before it for 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 be subject to the Council’s normal conditions unless otherwise stated.

7.

Multi Seater Taxis - Surcharges pdf icon PDF 2 MB

Minutes:

The Committee had before it for consideration, a report by the Director of Corporate Governance which outlined the various factors to be considered regarding the Taxi Consultation Group request to affix an additional display notice of the multi seater tariff surcharge in all multi seater vehicles.

 

The report recommended:-

that the Committee -

(a)       notes the terms of the request from the Taxi Representatives;

(b)       considers the information provided by the Taxi Inspector; and

(c)        instructs officers to prepare a multi seater surcharge display notice for publication on the Aberdeen City Council website.

 

The Committee resolved:-

to approve the recommendations.

8.

Taxi Demand Survey - Rank Specific Recommendations (Rank Review) - CG/12/23 pdf icon PDF 143 KB

Additional documents:

Minutes:

The Committee had before it for consideration, a report by the Director of Corporate Governance which outlined the results of the consultation on the rank specific recommendations in the Taxi Demand Survey.  Attached to the report was an Equality and Human Rights Impact Assessment, which the Convener highlighted and directed Members to consider in their decision making.

 

The report recommended:-

that the Committee adopts the following recommendations -

(a)       Union Square -

1.      Transportation, Strategy and Programmes Officers further investigate the possibility of a rank at Palmerston Road;

2.      if it is possible to create a taxi rank at Palmerston Road instruct Environment, Planning and Infrastructure and Legal and Democratic Services officers to commence the consultation and statutory procedures to introduce the rank;

3.      report back to the Licensing and Enterprise, Planning and Infrastructure Committees.

(b)       Back Wynd -

1.      Transportation, Strategy and Programmes Officers investigate and undertake amendments to signage as required; and

2.      take no further action.

(c)        Bridge Street -

1.      Transportation, Strategy and Programmes Officers investigate and undertake amendments to signage as required; and

2.      take no further action. 

(d)       Union Street at Castlegate -

the Committee takes no further action.

(e)       Hadden Street -

1.      the Committee endorses the review and amendment of the directional signage; and

2.      request that the wording “night time taxi rank” is included in all night time taxi rank signs in the City, subject to budget availability.

(f)         Aberdeen Railway Station -

the Committee take no further action.

(g)       Citywide -

the Committee endorse the recommendation of the Survey, which is to have a common standard of signage and street markings applied to all City taxi ranks.


(h)        Diamond Street -

1.      Environment, Planning and Infrastructure and Legal and Democratic Services officers begin the rank revocation procedures; and

2.      report back to the Licensing and Enterprise, Infrastructure and Planning Committees.

(i)         Exchequer Row/Castle Street -

1.      Environment, Planning and Infrastructure and Legal and Democratic Services officers begin the rank revocation procedures; and

2.      report back to the Licensing and Enterprise, Infrastructure and Planning Committees.

(j)         Frederick Street -

1.      Environment, Planning and Infrastructure and Legal and Democratic Services officers begin the rank revocation procedures; and

2.      report back to the Licensing and Enterprise, Infrastructure and Planning Committees.

(k)        Justice Mill Lane -

1.      Environment, Planning and Infrastructure and Legal and Democratic Services officers begin the rank revocation procedures; and

2.      report back to the Licensing and Enterprise, Infrastructure and Planning Committees.

(l)         Little Chapel Street -

1.      Environment, Planning and Infrastructure and Legal and Democratic Services officers begin the rank revocation procedures; and

2.      report back to the Licensing and Enterprise, Infrastructure and Planning Committees.

(m)      Rubislaw Place -

1.      Environment, Planning and Infrastructure and Legal and Democratic Services officers begin the rank revocation procedures; and

2.      report back to the Licensing and Enterprise, Infrastructure and Planning Committees.

(n)        Gilcomston -

1.      Environment, Planning and Infrastructure investigate the possibility of introducing a rank at Rosemount Viaduct in terms  ...  view the full minutes text for item 8.

9.

Review of Policy on Taxi Licences - CG/12/009 pdf icon PDF 76 KB

Additional documents:

Minutes:

The Committee had before it for consideration, a report by the Director of Corporate Governance relating to the Committee’s policy on Taxi Licences in Aberdeen City.  Attached to the report was an Equality and Human Rights Impact Assessment, which the Convener highlighted and directed Members to consider in their decision making.

 

The report recommended:-

that the Committee instructs a report back –

(a)       recommending that a limit be imposed on the number of taxi licences subject to recommendation (b) being approved;

(b)       subject to (a) above being approved, recommending that an amendment be made to the wheelchair accessible vehicle policy, requiring that all taxi licence holders provide a wheelchair accessible vehicle by 17 April, 2017 and that consultation be undertaken with the Taxi Consultation Group, the Disability Advisory Group and the Older People’s Advisory Group in this regard;

(c)        takes no further action in relation to the proposal thatUnight Aberdeen’s members operate a scheme to arrange taxi transport for their patrons.

 

The Committee resolved:-

(i)         to approve the recommendations; and

(ii)        to defer items 6.1 to 6.8 on the agenda until 6 June 2012, when the Committee will consider a further report relating to the provision and policy of taxi wheelchair accessible vehicles.

10.

COMMITTEE BUSINESS STATEMENT pdf icon PDF 26 KB

Minutes:

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

 

In relation to Item 5 (Review of the Night Time Ranks and Closed Ranks Condition), Councillor Fletcher suggested that it would be useful for Committee members to visit the night time ranks in operation as he was impressed with the way they were organised by the Taxi Marshalls.

 

The Committee resolved:-

to remove Items 3 (Taxi Demand Survey) and 4 (Multi Purpose Taxi Vehicles Surcharge) from the Statement.

EXEMPT INFORMATION

 

In accordance with the decision recorded under Article 1 of the minute, the following items were considered with the press and public excluded.

 

11.

Request to Apply for a Taxi Operator's Licence and Waive the Requirements to Provide a Wheelchair Accessible Vehicle - Leslie Wilson

Minutes:

The Committee agreed to defer consideration of this request until the meeting on 6 June 2012 (Article 9(ii) above refers).

12.

Request to Substitute a Saloon Car onto a Taxi Operator's Licence - James Wilson

Minutes:

The Committee agreed to defer consideration of this request until the meeting on 6 June 2012 (Article 9(ii) above refers).

13.

Request to Substitute a Saloon Car onto a Taxi Operator's Licence - Thomas Timms

Minutes:

The Committee agreed to defer consideration of this request until the meeting on 6 June 2012 (Article 9(ii) above refers).

14.

Request to Substitute a Saloon Car onto a Taxi Operator's Licence - Donna McDonald

Minutes:

The Committee agreed to defer consideration of this request until the meeting on 6 June 2012 (Article 9(ii) above refers).

15.

Request to Substitute A Saloon Car onto a Taxi Operator's Licence - William Nicol

Minutes:

The Committee agreed to defer consideration of this request until the meeting on 6 June 2012 (Article 9(ii) above refers).

16.

Request to Substitute a Saloon Car onto a Taxi Operator's Licence - Esther Kennedy

Minutes:

The Committee agreed to defer consideration of this request until the meeting on 6 June 2012 (Article 9(ii) above refers).

17.

Request to Substitute a Saloon Car onto a Taxi Operator's Licence - Henry Petrie

Minutes:

The Committee agreed to defer consideration of this request until the meeting on 6 June 2012 (Article 9(ii) above refers).

18.

Request to Apply for a Taxi Operator's Licence and Waive the Requirements to provide a Wheelchair Accessible Vehicle - Stephen Insch

Minutes:

The Committee agreed to defer consideration of this request until the meeting on 6 June 2012 (Article 9(ii) above refers).

19.

Application for Grant, Renewal or Variation of Licences - List of Applications to be Heard in Private

Minutes:

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 KIRSTY BLACKMAN, Convener.


APPENDIX A

 

 

 

1.         APPLICATION FOR THE VARIATION OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION

Application Reference Number – 3/001

Premises – 24 Sunnyside Avenue

 

With reference to Item 1 of Appendix A of the minute of meeting of 14 September 2011, Ally Thain, Private Sector Housing Manager advised that the applicant had applied to vary the existing Licence for a House in Multiple Occupation by increasing the occupancy in the premises from 5 to 7 tenants.

 

The Committee heard from Mr Steven Guild, Solicitor representing the applicant in support of the application who sought approval to circulate an extract from the Housing (Scotland) Act 2006 (Sec 131), a copy of the planning permission granted by Aberdeen City Council for developments to the property and a copy of correspondence from Enterprise, Planning and Infrastructure (Roads Projects).  The Committee agreed to the request to circulate the information.

 

The Committee resolved:-

to grant the application to vary the Licence

 

 

2.         APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION

Application Reference Number – 3/002

Premises – 162 Morrison Drive

 

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 present.

 

The Committee heard from the applicant’s agent Mrs  Linda Cross in support of the application.

 

The Committee resolved:-

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

 

 

3.         APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION

Application Reference Number – 3/003

Premises – 24 Pitmedden 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 Committee heard from the respondents.

 

The Committee then heard from the applicants Mr David Montgomery, and Mrs Hilary Montgomery in support of the application.

 

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.

 

 

4.         APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION

Application Reference Number – 3/004                

Premises – 28 Pitmedden 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 Committee heard from the respondents.

 

The Committee then  ...  view the full minutes text for item 19.