Agenda, decisions and minutes

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

https://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=149&MId=4392&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 Convener proposed that the Committee suspend Standing Order 37.2 (Length of Meetings) to enable the meeting to continue beyond four hours.

The Committee resolved:

to agree to suspend Standing Order 37.2 (Length of Meetings).

Members were requested to intimate any declarations of interest in respect of the items on today’s agenda.

Thereafter, the following declarations of interest were intimated:

(i)         Councillor Imrie declared an interest in relation to items 8.11 (Application for the Grant of a Street Trader Licence) and 9.6 (Review of Street Trader Policies),  by virtue of her intention to apply for a street trader licence in the near future, and withdrew from the meeting prior to consideration of these items; and

(ii)        Councillor Malik declared an interest in relation to item 10.5 (Application for the Grant of a Late Hours Catering Licence) by virtue of knowing the applicant, and withdrew from the meeting prior to consideration of this item.

The Committee had before it the following requests for deputation:

(i)         Request from Mr William Lees, GMB, in relation to item 9.7 (Accessible Vehicle Policy Update)

(ii)        Request from Mr Tommy Campbell, Unite, in relation to item 9.7 (Accessible Vehicle Policy Update)

(iii)       Request from Mr Derek Littlejohn, in relation to item 9.7 (Accessible Vehicle Policy Update)

The Committee resolved:

to agree to hear each of the deputations listed above in relation to item 9.7 (Accessible Vehicle Policy Update) on the agenda immediately prior to consideration of the report.

The Committee had before it the minute of its special meeting of 25 July 2017.

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 24 and 30 August 2017.

The Committee resolved:

to approve the minutes as a correct record.

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

The Committee resolved:

(i)         to delete items 3 (Response to Consultation on Training for Taxi and Private Hire Drivers), 4 (Response to Consultation on Knowledge Test for Taxi and Private Hire Drivers), 6 (Membership of the Taxi Consultation Group) and 7 (Accessible Vehicle Policy Update), subject to the decisions taken later on the agenda; and 

(ii)        to otherwise note the updates contained in the statement.

The Committee had before it a tracker of future committee business.

The Committee resolved:

to note the information contained in the committee report tracker.

The Committee had before it the following request for film classification for screening at Belmont Cinema: Don’t look at me that way – suggested rating 15.

The Committee resolved:

to approve the film classification certificate as detailed 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.

With reference to article 15 of the minute of the meeting of the Licensing Committee of 28 April 2017, the Committee had before it a report by the Head of Legal and Democratic Services which presented a review of the remit, governance and membership of the Taxi Consultation Group (TCG).

The report recommended –

that the Committee

(a)       agree to change the name of the group to the Taxi and Private Hire Car Consultation Group;

(b)       agree the remit and meeting frequency of the Group as outlined in the report at section 3.10;

(c)        instruct the Head of Legal and Democratic Services to write to the private hire firms and seek nominations to represent the Private Hire trade; and

(d)       upon receipt of nominations, agree to instruct the Head of Legal and Democratic Services to then write to all Private Hire Car Licence Holders asking them to indicate their preferred representative for the Group

The Committee resolved:

to approve the recommendations.

The Committee had before it a report by the Head of Legal and Democratic Services which (1) advised of the proposed level of application fees for licences administered through the Civic Government (Scotland) Act 1982 and other miscellaneous statutes; (2) sought approval for a consultation process to review such fees; and (3) informed of the proposal to create a new post of 1 FTE Licencing and Immigration Assistant as part of that fee review.

The report recommended –

that the Committee

(a)       approve for consultation the fee review options set out at section 5 of in the report and instructs the Head of Legal and Democratic Services to conduct a consultation as outlined in section 6 below on the same; and

(b)       instruct the Head of Legal and Democratic Services to submit a report to the Licensing Committee on 19 December 2017 on the outcome of the fee review proposal consultation and seeking a final decision on the future fee levels to be adopted from 20 December 2017.

The Committee resolved:

to approve the recommendations.

With reference to articles 3 and 4 of the minute of the meeting of the Licensing Committee of 28 April 2017, the Committee had before it a report by the Head of Legal and Democratic Services which advised of the outcome of further discussion held with the Taxi Consultation Group on the training for taxi and private hire drivers and the format of the knowledge test.

The report recommended –

that the Committee

(a)       note the updates;

(b)       instruct the Head of Legal and Democratic Services to investigate possible methods of delivery of driver training and report back to Committee on 6 February 2018 with  details of the options available; and

(c)        instruct the Head of Legal and Democratic Services to undertake consultation with the trade on amendments to the procedure for applying for a taxi driver’s licence or private hire driver’s licence involving the Knowledge Test as detailed at paragraphs 3.14 and 3.15 of the report.

The Committee resolved:

(i)         to approve the recommendations; and

(ii)        to instruct the Head of Legal and Democratic Services to investigate the possibility of incorporating along with the knowledge test an assessment of ability to use an appropriate satellite investigation system and to fully consult the trade thereon and report back by the Licensing Committee on 6 February 2017.

The Committee had before it a report by the Head of Legal and Democratic Services which sought the views of the Committee on the required contents of the first aid kits to be carried in all taxis and private hire vehicles.

The report recommended –

that the Committee

(a)       note the background issues relating to the first aid kits specification; and

(b)       stipulate that the contents of the first aid kits must be in accordance with HSE number BS8599-2:2014 in order to comply with the licence conditions.

The Committee resolved:

(i)         to approve recommendation (a); and

(ii)        to agree that the contents of the first aid kits must be in accordance with HSE number BS8599-2:2014, with the exception of 1 Foil Blanket (Adult), 1 Resuscitation Face Shield and 1 Heavy Duty Shears, in order to comply with the licence conditions.

The Committee had before it a report by the Head of Legal and Democratic Services which sought approval to consult on the proposed variation to the local conditions applied to Booking Office licences under Para 10 Schedule 1 of the Civic Government (Scotland) Act 1982 and the Civic Government (Scotland) Act (Licensing of Booking Offices) Order 2009.

The report recommended –

that the Committee

(a)       approve (for the purposes of issuing for consultation in recommendation C below) the proposed variation of the local condition 3 from “the licence holder shall keep written or electronic records of the name address, licence number of every driver operating from the relevant premises” to read; “The Licence Holder, in order to ensure that relevant vehicles are only driven by a licensed taxi or private hire drivers, shall keep, and undertake an ongoing review or audit of, written or electronic records of the name, address, licence number and expiry date of every driver operating from the relevant premises.”;

(b)       approve (for the purposes of issuing for consultation in recommendation C below) the proposed variation of the local condition 4 from “the Licence Holder shall ensure that only relevant vehicles licences by the Licensing Authority operate from the relevant premises” to read; “The Licence Holder, in order to ensure that only relevant vehicles, currently licensed by this local authority, operate from the relevant premises, shall keep, and undertake an ongoing review or audit of, written or electronic records of the licence holder, licence number, registration number and expiry date of any taxi and private hire car operating from the relevant premises.”; and

(c)        instruct the Head of Legal and Democratic Services to consult the holders of Booking Office Licences and the Chief Constable, Police Scotland, on the above proposals and in accordance with paragraph 10 of Schedule 1 of the Civic Government (Scotland) Act 1982 invite them to be heard at the next meeting of the Licensing Committee on 7 November 2017 regarding the terms of the proposals.

The Committee resolved:

to approve the recommendations.

DECLARATION OF INTEREST

In accordance with article 2 of this minute, Councillor Imrie left the meeting prior to consideration of the following item of business.

The Committee had before it a report by the Head of Legal and Democratic Services which sought approval to review the existing street trader policies and to consult on the proposed variation to the standard conditions in relation to Street Trader Licences.

The report recommended –

that the Committee

(a)       approve the proposed amended draft schedule of conditions (Appendix 2) for issuing for consultation; and

(b)       instruct the Head of Legal and Democratic Services to consult the holders of Street Traders Licences and the Chief Constable, Police Scotland, on these proposals and in accordance with paragraph 10 of Schedule 1 of the Civic Government (Scotland) Act 1982 invite them to be heard at the next meeting of the Licensing Committee on 7 November 2017 regarding the terms of the proposals.

The Committee resolved:

(i)         to approve the proposed amended draft schedule of conditions (Appendix 2), with the addition of the following proposed variation to condition 9 to read “The stance from which a street trader hawks, sells or offers or exposes for sale their goods requires to be moved daily at the end of trading”, for issuing for consultation; and

(ii)        to approve recommendation (b).

(A)       In terms of Standing Order 13.1, the Committee received a deputation from Mr William Lees, GMB. Mr Lees was accompanied by Mr Eric Thoresen.

Mr Lees advised that he believed that a mixed fleet was unfair and caused problems. Mr Lees provided an overview of the issues he felt arose as a result of a mixed fleet policy and advised that he believed that a 100% uniformed fleet should be introduced by the Council.  He felt that a uniformed fleet was good for the city and visitors to the city.

He went on to refer to the mixed fleet position in Dundee and advised that this situation was currently under legal challenge. He also referred to the position in other cities within the UK.

Thereafter, Mr Thoresen explained that he felt that a mixed fleet was unfair and did not meet the requirements of the Equality Act 2010.

Members asked questions of Mr Lees and Mr Thoresen.

(B)       In terms of Standing Order 13.1, the Committee received a deputation from Mr Tommy Campbell, Unite. Mr Campbell was accompanied by Mr Peter Campbell.

Mr Tommy Campbell advised that Unite the Unions position in respect of the Council’s Accessible Vehicle Policy remained the same as that presented in May 2012, namely it did not accept that a 100% accessible vehicle taxi fleet was required as in their view demand for accessible vehicles was met by the existing number of accessible taxis in Aberdeen at this time.

He explained that in his view the Committee required to focus on its duty of care to the public under the Equality Act 2010. He quoted the Act and advised that it stated at section 3(a) “persons who share a relevant protected characteristic and persons who do

not share it involves having due regard, in particular, to the need to (a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic”. On the basis of the wording, he did not agree that the only way in which the Council could meet this requirement was by having a 100% wheelchair accessible fleet.

He also referred to a survey undertaken previously by Unite wherein not a single respondent wanted a 100% wheelchair accessible fleet.

Mr Peter Campbell referred to his experience of driving both types of vehicle and advised of customer feedback he had received wherein passengers had advised they wanted a choice and did not want a 100% wheelchair accessible fleet.

He recommended that the Committee review the current policy and whether a 100% accessible vehicle taxi fleet was required.

Members asked questions of Mr Tommy Campbell and Mr Peter Campbell.

(C)       In terms of Standing Order 13.1, the Committee had agreed to hear a deputation from Mr Littlejohn, however Mr Littlejohn had been unable to attend the meeting.

(D)       With reference to article 9 of the minute of the meeting of the Licensing Committee of 13 June 2016, the Committee had before it a  ...  view the full minutes text for item 16.

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.            RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION

Premises - 48 Elmbank Terrace, Aberdeen (Ground Floor Flat)

Application Number – 8/1

The Committee was advised that the licence had been granted under delegated powers.

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

Premises - 284c Holburn Street, Aberdeen

Application Number – 8/2

The Committee was advised that the licence had been granted under delegated powers.

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

Premises - 1 Roslin Terrace, Aberdeen

Application Number – 8/3

The Committee was advised that the licence had been granted under delegated powers.

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

Premises - 66 Spital, Aberdeen

Application Number – 8/4

The Committee had before it a report by the Private Sector Housing Manager in respect of the application which advised that one timely letter of representation had been received.

The applicant, Mr Andrew MacLennan, was in attendance and spoke in support of the application.

The respondent, Mr David Crocker, was in attendance and spoke in support of his letter of representation.

The Committee asked questions of both the applicant and the respondent.

The respondent summed up.

The applicant summed up.

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 licence under delegated powers if appropriate.

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

Premises - 39 Craigton Terrace, Aberdeen

Application Number – 8/5

The Committee had before it a report by the Private Sector Housing Manager in respect of the application which advised that one timely letter of representation had been received.

Mr Thain advised that one letter of representation had been received in respect of the application beyond the statutory time period within which such letters must be received (21-day period).  He further advised that the Committee might consider late representations if it was satisfied that it was reasonable for the respondents to make the representation after the deadline.

The late respondents, Lindsay Simpson and Sally Simpson were not present, nor represented, and therefore could not explain why their letter of representation was late and why it should be considered today.

The Committee resolved:-

that the letter of representation by Lindsay Simpson and Sally Simpson, should not be introduced into the proceedings.

The applicant, Mrs Sarah Webb, was not in attendance.

The sole timely respondent, Mr Barry MacKenzie was in attendance and spoke in support of his letter of representation which had been submitted by himself and Ms Iris Gill.

The Committee asked questions of the respondent.

Mr  ...  view the full minutes text for item 17.