Agenda and minutes

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

The Clerk advised that in terms of the Data Protection Act 1988 (Principle 1), the press and public would be excluded from the meeting during consideration of the following item of business on the agenda:-  6.1.

The Committee resolved:-

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:- 6.2 to 6.4 so as to avoid disclosure of exempt information of the class described in paragraph 14 of Schedule 7(A) to the Act (Items 2 to 4 of Appendix B to this minute refers).

The Committee had before it the minute of its previous meeting of 6 June, 2012.

With reference to Article 7 of the minute relating to the Review of the Policy on Taxi Licences – Consultation with Equalities and Taxi Trade Representatives, Councillor Kiddie moved as a procedural motion, seconded by Councillor Cormie:-

“that the Committee reconsider the decision taken at the last meeting, which was to amend the wheelchair accessible vehicle policy by requiring that all taxi licence holders to provide a wheelchair accessible vehicle within 5 years of the Committee’s decision and to suspend Standing Order 22 in order to do so”

On a division, there voted:-  for the procedural motion (6) – Councillors Cormie, Graham, Kiddie, MacGregor, McCaig and Townson; against the procedural motion (6) – the Convener and Councillors Blackman, Delaney, Forsyth, Ironside and Malik.

There being an equality of votes, the Convener exercised her casting vote against the procedural motion and on this basis it was defeated.

The Committee resolved:-

to approve the minute.

The Committee had before it the minute of meeting of the Sports Ground Advisory Group of 30 May, 2012.

The Committee resolved:-

to note the minute.

The Committee had before it details of the business dealt with by the Informal Business Panel since 6 June, 2012.

The Committee resolved:-

to note the informal business.

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.

With reference to article 12 of the minute of meeting of 14 September, 2011, the Committee had before it for consideration, a report by the Director of Corporate Governance relating to the Committee’s decision that a review of the remit, governance and membership of the Taxi Consultation Group be undertaken following the Scottish Local Government Elections in May 2012.

The report recommended:-

that the Committee -

(a)       agrees the remit of the TCG as outlined in the report at Section 5.1 under exception that each group representing the taxi trade (including licensed booking offices) will provide one member to the group;

(b)       approves the membership of the TCG as outlined in the appendix to the report; and

(c)        agrees that the TCG meet three times a year and that the dates for these meetings be agreed by the Convener of the Group.

The Committee resolved:-

(i)         to approve the recommendations contained within the report; and

(ii)        to request that an audit be carried out of Taxi Licensing and the Taxi Inspection Centre following the organisational changes that took place over the past few years.

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 Consultation Group) from the Statement.

EXEMPT INFORMATION

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

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 MARIE BOULTON, Convener.

APPENDIX A

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

Application Reference Number – 3/001

Premises – 103 Bannermill Place

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 respondent.

The Committee then heard from the applicant, Sandra Reeve, in support of the application.

Lynn May, Solicitor, Litigation and Licensing, made reference to the title deeds for the premises which had been submitted by the respondent.  She indicated that the content of the title deeds was a matter on which the owners may wish to seek their own separate legal remedy, as it did not constitute a ground for refusal 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.

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

Application Reference Number – 3/002

Premises – 185 Links Road

The Committee had before it one letter of representation.

Ally Thain, Private Sector Housing Manager made reference to the title deeds for the premises which had been submitted by the respondent.  He indicated that that the content of the title deeds was a matter on which the owners may wish to seek their own separate legal remedy, as it did not constitute a ground for refusal of the application.

The Committee heard from the respondent.

The Committee then heard from the applicant’s agent Ross Murray in support of the application.

The Committee resolved:-

to grant the application.

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

Application Reference Number – 3/003

Premises – 49 Bedford Place

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 respondent.

The Committee then heard from the applicant K. Millar Graham in support of the application.

Councillor Delaney, seconded by Councillor Ironside moved:-

“to refuse the application on the grounds that:-

(a)       there would be the possibility of undue public nuisance; and

(b)       the applicant was considered not to be a fit and proper person to hold an HMO licence”

Councillor Blackman, seconded by Councillor Townson moved as an amendment:-

“that officers grant the application under delegated powers following the completion of the works”

On a division, there voted:-  for the motion (2) – Councillors Delaney  ...  view the full minutes text for item 8.