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=3873&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 a request for deputation from Mr McColl, Aberdeen Taxi Centre in relation to item 5.1 (Taxi Fare Review). Members noted that the request was received outwith the timescales stated in Standing Order 10(1).

The Committee resolved:

to suspend Standing Order 10(1) and thereby to agree to hear the deputation from Mr McColl in relation to item 5.1 (Taxi Fare Review) (article 9 refers) immediately prior to consideration of the report.

The Committee had before it the minute of its previous meeting of 23 August 2016.

The Committee resolved­:

to approve the minute as a correct record.

The Committee had before it the minute of the meeting of the Licensing Evidential Hearings Sub Committee of 23 September 2016.

The Committee resolved:

to approve the minute as a correct record.

The Committee had before it the minutes of the meetings of the Licensing Urgent Business Sub Committee of 1 and 23 September 2016.

The Committee resolved:

to approve the minutes as a correct record.

The Committee had before it the minute of the meeting of the Taxi Consultation Group of 5 October 2016.

The Committee resolved:

(i)         in relation to item 3 (Taxi Fare Review), resolutions (i) and (iii), to request the Licensing Team Leader, as part of the current taxi fare review, to explore ways in which any future increase in airport access charges could be mitigated by the Council in a timely manner and to instruct the Licensing Team Leader to undertake a review of the existing taxi fare formula, including surcharges, following the completion of the current taxi fare review;

(ii)        in relation to item 4 (Taxi Ranks), to instruct the Licensing Team Leader to undertake a full review of taxi rank provision and location within the city, in consultation with the Roads Infrastructure Manager and all appropriate parties, to identify where suitable additional taxi ranks could be provided if appropriate and to report back on the outcome of the review to a future meeting of the Committee for consideration of the findings; and

(iii)       to otherwise note the minute.

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), to note that a report would be submitted to the next meeting of the Committee on 13 December 2016;

(ii)        in relation to item 3 (Private Hire Driver Training - section 64 of the Air Weapons and Licensing (Scotland) Act 2015), resolution (a) to note that a report would be submitted to the next meeting of the Committee on 13 December 2016;

(iii)       in relation to item 3 (Private Hire Driver Training - section 64 of the Air Weapons and Licensing (Scotland) Act 2015), resolution (b)  to note that officers expected the Act to be enforced early in 2017 and would report to the Committee at that time; and

(iv)       in relation to item 5 (Review of Accessible Vehicle Policy), to request the Licensing Team Leader to follow up the letter to the Chief Executive of Dundee City Council seeking clarity in and around their mixed fleet policy and report to the next meeting of the Committee in this regard.

The Committee had before it 26 requests for film classification for screening at Belmont Cinema as follows:-

(i)         24 Weeks – suggested rating 15

(ii)        A Farm of Passage – suggested rating 12A

(iii)       At Home in the World – suggested rating 12A

(iv)       Demon – suggested rating 15

(v)        The Red Spider – suggested rating 15

(vi)       A Silent Voice – suggested rating 12A

(vii)      Kizumonogatari (Part 1 and 2) – suggested rating 15

(viii)     Persona 3 – suggested rating 12A

(ix)       Princess Arete – suggested rating PG

(x)        Shadow World – suggested rating 15

(xi)       Sonita – suggested rating 12A

(xii)      Take One Action School Screening – suggested rating PG

(xiii)     Tomorrow – suggested rating PG

(xiv)     Walls – suggested rating U

(xv)      From Caligari to Hitler – suggested rating PG

(xvi)     The Red Turtle – suggested rating PG

(xvii)    Long Way North – suggested rating PG

(xviii)   Caprice – suggested rating 15

(xix)     From the Land of the Moon – suggested rating 15

(xx)      Fanny’s Journey – suggested rating PG

(xxi)     France Tour – suggested rating 15

(xxii)    In Bed with Victoria – suggested rating 15

(xxiii)   Made in France – suggested rating 18

(xxiv)   Dark Inclusion – suggested rating 18

(xxv)    The New Kid- suggested rating 12

(xxvi)   Learn by Heart – suggested rating 12

The Committee resolved:

to approve the film classification certificates as listed above.

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.

(A)       In terms of Standing Order 10(1), the Committee received a deputation from Mr McColl, Aberdeen Taxi Centre, who advised that the taxi trade was supportive of the recommendations in the report, in particular the increase of the £1 surcharge for non-airport zoned taxis dropping off at the inner forecourt of the airport to £2 due to the increase to £2 levied by the Aberdeen International Airport.

He also supported a review of the existing formula and surcharges to ensure that the cost pressures experienced by taxi drivers were fully reflected in the formula.

The Committee asked a number of questions of Mr McColl.

(B)       The Committee had before it a report by the Interim Director of Corporate Governance which presented information to enable the Committee to make an informed decision on any changes to be made to the current taxi fare tariff and comply with its duty to review taxi fares under section 17 of the Civic Government (Scotland) Act 1982.

The report recommended –

that the Committee

(a)       to note the report and representations made by members of the trade;

(b)       to agree to maintain the basic tariff and surcharges at their current levels;

(c)        to instruct officers to meet with trade representatives to explore the restructure of tariff charges and report back to the Committee thereafter;

(d)       to agree to increase the £1 surcharge for non-airport zoned taxis dropping off at the inner forecourt of the airport to £2;

(e)       to instruct officers to amend the fare card at surcharge 5 to reflect the holiday dates for 2017 and 2018;

(f)        to instruct the Head of Legal and Democratic Services to advertise the general effect of the proposals and the date when it was proposed that they would take effect; and

(g)       to instruct the Head of Legal and Democratic Services to undertake a review of the taxi fare formula and report back to the Committee the findings.

The Committee resolved:

(i)         to approve the recommendations; and

(ii)        to note that discussions with Aberdeen International Airport regarding the recent increased fee for non airport taxis dropping passengers off at the airport concourse were ongoing and to request that the Committee be updated on these discussions as appropriate.

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 – 4/01

Premises - 37 Spital Walk, Aberdeen

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

The applicant, Mr Renton, was in attendance.

One of the respondents, Mr Dewi Morgan, on behalf of Old Aberdeen Community Council was in attendance and spoke in support of the letter of representation.  The Committee asked questions of Mr Morgan.  The other respondents, namely: the Old Aberdeen Heritage Society and T. W. Farquharson were not in attendance, nor were they represented.

The Committee then heard from the applicant in support of the application.  The Committee asked questions of the applicant.

Councillor Townson, seconded by Councillor Nicoll moved:-

that the Committee grant the application. 

Councillor Cooney, seconded by Councillor Lesley Dunbar moved as an amendment:-

that the Committee refuse the application on the grounds that the location of the property was unsuitable.

On a division, there voted:- for the motion (10) – the Convener and Councillors Copland, Delaney, Graham, Hutchison, MacGregor, Malone, Nicoll, Samarai and Townson; for the amendment (2) – Councillors Cooney and Lesley Dunbar.

The Committee resolved:

(i)         to adopt the motion; and

(ii)        to note that officers would review the format of reports submitted to the Committee.

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

Application Reference Number – 4/02

Premises - 170 Sinclair Road, Aberdeen

The Committee had before it a report by the Private Sector Housing Manager in respect of the application which advised that the application was before the Committee as the applicant did not own the property and section 129(1) of Part 5 of the Housing (Scotland) Act 2006, as amended stated:

“An application to a local authority for an HMO licence may be made only by an owner of living accommodation concerned”.

The applicant, Mr Campbell, was in attendance and spoke in support of the application.  The Committee asked questions of the applicant.

The Committee resolved:

to refuse the application on the grounds that the application did not comply with section 129(1) of Part 5 of the Housing (Scotland) Act 2006, as amended.

3.         APPLICATION FOR THE GRANT OF A PUBLIC CHARITABLE COLLECTION - INSPIRE PTL

Application Reference Number – 4/03

Location – Beach Boulevard and Queen’s Links, Aberdeen

Date – 5 November 2016

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 this item had been placed on the agenda because the applicant was seeking to hold  ...  view the full minutes text for item 10.