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=3789&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.

 

(i)            Request by Mr McColl - Item 4.1 (Removal of Minimum Engine Size Requirement to Permit Vehicles with Environmentally Friendly Engines);

(ii)          Request by Mr Steve Robertson and Mr Peter Campbell,  Unite Taxi Driver Representatives - Item 4.2 (Street Knowledge Testing for Private Hire Drivers)

(iii)         Request by Mr Cullen - Item 4.2 (Street Knowledge Testing for Private Hire Drivers)

(iv)         Request by Mr McColl - Item 4.2 (Street Knowledge Testing for Private Hire Drivers)

The Committee had before it a number of requests for deputation as follows:

(i)         Mr McColl in respect of item 4.1 (Removal of Minimum Engine Size Requirement to Permit Vehicles with Environmentally Friendly Engines);

(ii)        Mr Steve Robertson and Mr Campbell (Unite Taxi Driver representatives) in respect of item 4.2 (Street Knowledge Testing for Private Hire Drivers);

(iii)       Mr Cullen in respect of item 4.2 (Street Knowledge Testing for Private Hire Drivers); and

(iv)       Mr McColl in respect of item 4.2 (Street Knowledge Testing for Private Hire Drivers).

 

The Committee resolved:-

to agree to hear each of the requests immediately prior to consideration of the relevant reports.

The Convener proposed that item 6.7 (Discussion and Legal Advice on HMO Appeal) of today’s agenda (article 11 of the minute refers) be considered with the press and public excluded.

 

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 item 6.7 of business (article 11 of this minute refers) so as to avoid disclosure of exempt information of the classes described in paragraphs 3 and 6 of Schedule 7(A) of the Act.

The Committee had before it the minute of its previous meeting of 3 November 2015.

 

The Committee resolved:

to approve the minute as a correct record.

 

The Committee had before it the minutes of the Licensing Urgent Business Sub Committee meetings of 24 November and 15 December 2015.

 

The Committee resolved:-

to approve the minutes as accurate records.

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

 

The Committee resolved:-

to note the updates as contained in the statement.

The Committee had before it a single request for film classification for the film “Just Eat It: A Food Waste Story” with a PG suggested rating for screening at Belmont Cinema.

 

The Committee resolved:-

to approve the film classification certificate as detailed above.

DECLARATION OF INTEREST

 

Prior to consideration of the following item of business, Councillor Copland declared an interest in the item as a result of a conversation he had previously had.   Councillor Copland then withdrew from the meeting and took no part in the deliberations.

 

(A)       In terms of Standing Order 10(2), the Committee received a deputation from Mr Mark Cullen, who advised that the Aberdeen Taxi Group was of the view that the Committee should be careful in removing the minimum engine size condition on vehicles with a modern engine type, as although technology had developed since the condition was agreed, it was still important that the vehicle was suitable for the required journeys and passengers.  In this regard, Mr McColl questioned whether a car under 1400cc was able to accommodate a full car of 4 passengers all with luggage.  He therefore asked that further research regarding this matter was undertaken prior to a decision being made due to the potential safety implications.

 

Members asked a number of questions of the deputation.

 

(B)       The Committee had before it a report by the interim Director of Corporate Governance which recommended that the Committee remove its policy requirement that all vehicles used as taxis and private hire cars must have as a minimum a 1400cc engine.

 

The report recommended:-

that the Committee –

(a)       agree to remove its policy requirement that all taxis and private hire cars must have an engine of 1400cc or greater in respect of vehicles that had a modern engine type, e.g. economical reduced CO2 performance, dual-fuel, hybrid, electric, hydrogen etc.; and

(b)       agree to clarify that all taxis and private hire cars must be able to safely carry a minimum of 4 passengers to a maximum of 8 (which might include a designated wheelchair space) and luggage as well as having a suitably low entry point to allow access for the mobility restricted and persons with a pushchair and/or shopping.

 

The Committee resolved:

(i)        to remove its policy requirement that all taxis and private hire cars must have an engine of 1400cc or greater in respect of vehicles that have a modern engine type, e.g. economical reduced CO2 performance, dual-fuel, hybrid, electric, hydrogen;

(ii)       to clarify that all taxis and private hire cars must be able to safely carry a minimum of 4 passengers to a maximum of 8 (which might include a designated wheelchair space) and luggage as well as having a suitably low entry point to allow access for the mobility restricted and persons with a  pushchair and/or shopping; and

(iii)        to instruct that a report on the removal of the requirement that all taxis and private hire cars must have an engine of 1400cc or greater in respect of vehicles that had a modern engine type, as well as the uptake by taxis and private hire cars in this regard be submitted to the Taxi Consultation Group in a year’s time. </AI9><AI10>

DECLARATIONS OF INTEREST

 

Prior to consideration of the following item of business, Councillor Copland declared an interest in the item as a result of a conversation he had previously had.   Councillor Copland then withdrew from the meeting and took no part in the deliberations.

 

 

The Convener and Councillors Allan, Crockett, Graham and Malik declared interests as members of Unite.  None of the members felt it necessary to leave the meeting during the Committee’s deliberations.

(A)       In terms of Standing Order 10(3), the Committee received a deputation from Mr Robertson and Mr Campbell, Unite taxi driver representatives, who  advised that Unite understood the position in light of the Sheriff’s decision, but could not understand why the Committee had not appealed the decision. In this regard, they questioned whether the Committee could enforce its policy on the basis of the Scottish Government’s Taxi and Private Hire Car Licensing: Best Practice Guidance for Licensing Authorities.

 

Thereafter they advised of the concerns Unite Taxi Drivers had in respect of the implications of relaxing/removing any of the qualifying  conditions that currently applied to private hire applications as this might impact on the quality of the taxi service that was expected by the Council and customers alike. They also had concerns on the impact of taxi drivers and were of the view that the proposed removal of the conditions was unfair on taxi drivers who would continue to have to pay for and undertake the street knowledge test in their own time and at their own cost.

 

They advised that they wished the Committee to defer approval any new private hire applications until the Council has undertaken an Equality Impact Assessment and a general impact assessment on impact the removal of the knowledge test might have in causing any potential detriment to the citizens of Aberdeen especially those covered by the Equalities Act, or until the Air Weapons and Licensing (Scotland) Act 2015 had been implemented.

 

(B)       In terms of Standing Order 10(2), the Committee received a deputation from Mr Cullen, who advised that proposal to suspend the administration of the street knowledge test for private hire drivers was one of the most important matters affecting the taxi trade in recent years.  In this regard he advised of the importance of the street knowledge test and highlighted that it required a degree of commitment, application and intelligence to pass the test.  It also provided an objective, fair and measurable standard for all drivers.  Should this requirement be suspended for private hire drivers solely, it would be difficult for the Committee to ensure public safety and order.

 

Thereafter he provided examples of fares and advised that he felt a reliance on satellite navigate would provide a poor service and ultimately cause frustration for passengers.

 

(C)       In terms of Standing Order 10(3), the Committee received a deputation from Mr McColl, who advised that the Aberdeen Taxi Group was aware of the Sheriff’s judgment in respect of the case on 18 November 2015 between the Council and Sam Murray regarding the requirement for private hire car drivers to undertake the same street knowledge test as taxi drivers and although respectful of the Sheriff’s judgment would highlight that the Civic Government (Scotland) Act 1982 did not state that the licensing authority cannot make a private hire driver sit the same test.

 

In addition, he explained that given the forthcoming implementation of the Air Weapons and Licensing (Scotland) Act 2015, which would allow private hire  ...  view the full minutes text for item 8.

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.

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

EXEMPT INFORMATION

 

In accordance with the decision taken at article 2 of this minute, the following item of business was considered with the press and public excluded.

MATTER OF URGENCY

 

The Convener intimated that he 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 to enable the Committee to consider whether to defend the HMO appeal lodged in accordance with the timescale set by the court.

The Committee received a verbal report and legal advice in relation to the HMO appeal which had been lodged.

 

The Convener, seconded by Councillor Nicoll moved:-

that the HMO appeal should not be defended.

 

Councillor Allan, seconded by Councillor Cormie moved as an amendment:-

that the HMO appeal be defended.

 

On a division, there voted:- for the motion (8) – the Convener and Councillors Copland, Crockett, Lesley Dunbar, MacGregor, Malik, Nicoll and Townson; for the amendment (5) – Councillors Allan, Cormie, Delaney, Graham and Hutchison.

 

The Committee resolved:-

to adopt the motion.

 

In terms of Standing Order 15(6), Councillors Allan and Cormie intimated that they wished the minute in respect of the above article to record their dissent in relation to the decision taken by the Committee.

 

-       COUNCILLOR SCOTT CARLE, Convener

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX A

 

 

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

Application Reference Number – 5/01

Premises – 26 Balmoral Road, Aberdeen

 

The Committee had before it a report by Mr Ally Thain, Private Sector Housing Manager in respect of the application and six letters of representation.

 

The Committee heard from five of the respondents, namely: Mr and Mrs Gill, Mr McCormac, Mrs Tough, Mr Davies on behalf of his mother Mrs Davies and Mr and Mrs King.

 

One respondent, Mrs A Massie, was not present, and was not represented.

 

The Committee then heard from the applicant, Mr Stewart, 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.

 

 

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

Application Reference Number – 5/02

Premises – 12 Woodlands Walk, Cults, Aberdeen

 

The Committee had before it a report by Mr Ally Thain, Private Sector Housing Manager in respect of the application and four letters of representation.

 

The Committee heard from three of the respondents, namely: Mr Skinner and Mr Hopkins. Mr Hopkins, by virtue of owning two properties in the area, had submitted two letters of representation and spoke in respect of both. One of the respondents, Dr Johnston, was not present, and was not represented.

 

The Committee then heard from the applicant, Mr Miller and his solicitor, Mrs Wilson, in support of the application.

 

The Convener, seconded by Councillor Townson moved:-

that the application be granted.

 

 

Councillor Boulton moved as an amendment:-

that the application be refused on the grounds that the location and condition of the property was unsuitable for occupation as an HMO.

 

Councillor Boulton’s amendment failed to attract a seconder and therefore was not put to the vote.

 

The Committee resolved:

to approve the terms of the motion.

 

 

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

Application Reference Number – 5/03

Premises – 25 Bonnymuir Place, Aberdeen

 

The Committee had before it a report by Mr Ally Thain, Private Sector Housing Manager in respect of the application  ...  view the full minutes text for item 11.