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=5844&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).

The Committee was advised that the applications listed at item 7 on the agenda were to be heard in private and treated as confidential information in terms of Section 50(A)(3)(b) of the Local Government (Scotland) Act 1973.

The Committee resolved:

to note the information.

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 7.3 (Application for the Grant of a Street Trader Licence), 8.4 (Application for the Renewal of a Street Trader's Licence - Num Owen), and 9.2 (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;

(ii)        Councillor Stuart declared an interest in relation to item 7.8 (Application for the Grant of a Taxi Driver's Licence) by virtue of knowing the applicant, and withdrew from the meeting prior to consideration of this item; and

(iii)       Councillor Allard declared an interest in relation to item 8.3 (Film Classification Requests - Belmont Film House 49 Belmont Street, Aberdeen) by virtue of being a long term supporter of the French Film Festival, and withdrew from the meeting prior to consideration of this item.

The Committee

The Committee resolved:

(i)            to approve the minute as a correct record; and

(ii)          to note that the Private Sector Housing Manager was liaising with Facilities Management regarding the processing of mail handed in at the Marischal College reception.

The Committee had before it the minutes of the meetings of the Licensing Urgent Business Sub Committee of 14, 22 and 26 September and 9 and 5 October 2017.

The Committee resolved:

to approve the minutes as correct records.

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 7 (Report to Vary Local Conditions for Booking Office) and 8 (Review Of Street Trader Policies), 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.

CONFIDENTIAL INFORMATION

The press and public were excluded from the meeting for consideration of the applications listed in section 7 on the agenda and appendix A of the minute which contained confidential information in terms of Section 50A 3(b) of the Local Government (Scotland) Act 1973.

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.

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.

With reference to article 14 of the minute of its meeting of 12 September 2017, the Committee had before it a report by the Head of Legal and Democratic Services which requested that the Licensing Committee consider the views of the holders of Booking Office licences and the Chief Constable, who had been invited to attend today’s meeting and be heard, on the variation of the standard local conditions in relation to Booking Office Licences.

The report recommended –

that the Committee

(a)       note that all holders of Booking Office Licences and the Chief Constable, Police Scotland, had, in accordance with Paragraph 10 of Schedule 1 of the Civic Government (Scotland) Act 1982, been notified of the proposed variation of conditions, as agreed by the Committee at their meeting on 12 September 2017 and noted below, and had been invited to attend and be heard at this meeting of the Committee:-

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.”

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”;

(b)       consider the views of the holders of Booking Office licences and the Chief Constable, Police Scotland on the proposed variation of the local conditions above (Appendix 1);

(c)       thereafter, approve the proposed amended draft schedule of conditions (Appendix 1); and

(d)       instruct the Head of Legal and Democratic Services to give written notice of the Committee’s decision to the holders of Booking Office Licences and The Chief Constable, Police Scotland, on the variation of the local conditions in accordance with paragraph 10 of Schedule 1 of the Civic Government (Scotland) Act 1982.

The Committee heard representation from Mr Russell McLeod, Rainbow City Taxis, regarding the proposed variation of local conditions 3 and 4.

The Committee resolved:

(i)         to approve the recommendations; and

(ii)        to agree that a meeting of the Taxi and Private Hire Consultation Group be held to discuss the process for the renewal and notification of a taxi/private hire driver licence and that a representative from all booking offices be invited to attend that meeting only.  ...  view the full minutes text for item 10.

DECLARATION OF INTEREST

In accordance with article 3 of this minute, Councillor Imrie left the meeting prior to consideration of the following item of business.

With reference to article 15 of the minute of its meeting of 12 September 2017, the Committee had before it a report by the Head of Legal and Democratic Services which requested that the Licensing Committee consider the views of the holders of street trader licences, the Chief Constable and relevant consultees, who had been invited to attend today’s meeting on the review of the policies and variation of the standard conditions in relation to Street Trader Licences.

Three additional written representations from street trader licence holders were tabled at the meeting.

The report recommended –

that the Committee

(a)       note that all holders of Street Traders Licences, the Chief Constable, Police Scotland, and relevant consultees had, in accordance with Paragraph 10 of Schedule 1 of the Civic Government (Scotland) Act 1982, been notified of the proposed review and variation of conditions, as agreed by the Committee at its meeting on 12 September 2017, and been invited to attend and be heard at this meeting of the Committee;

(b)       consider the views of the holders of street traders licences, the Chief Constable, Police Scotland, and other relevant consultees on the proposed review and variation of conditions (Appendices 3 to 8);

(c)        thereafter approve the proposed amended draft schedule of conditions (Appendix 2); and

(d)       instruct the Head of Legal and Democratic Services to give written notice of the Committee’s decision to the holders of Street Traders Licences, The Chief Constable, Police Scotland, and other relevant consultees on the review and variation of conditions in accordance with paragraph 10 of Schedule 1 of the Civic Government (Scotland) Act 1982.

Speaking in furtherance of the report, Mrs Lynn May, Solicitor, advised that given the legal implications of amending condition 9 as proposed in the recommendations contained in the report and the responses received from the Council’s roads team and street trader licence holders so far, officers had agreed to amend recommendation (c) as detailed above to read:

(c)        to approve appendix 2 with the exception of condition 9 which should remain as was.

The Committee heard representation from Lukasz Sieran, street trader licence holder, and Sergeant Gill Flett, Police Scotland, regarding the removal of the existing condition 21.

The Committee resolved:

(i)         to approve recommendations (a), (b) and (d) as contained in the report; and

(ii)        to approve the amended recommendation (c) that the proposed amended draft schedule of conditions as contained at Appendix 2 be approved with the exception of condition 9, which should remain as was.

- COUNCILLOR MARIE BOULTON, Convener

APPENDIX A (CONFIDENTIAL)

1.            Landlord Registration

Application Number – 7/01

The Committee had before it a report by the Private Sector Housing Manager in respect of an application for landlord registration.

The applicant was not in attendance.

The Committee heard from Mr Thain, Private Sector Housing Manager, who advised that the applicant had contacted him to advise that neither he, nor his solicitor, could not be present at today’s meeting and asked that consideration  ...  view the full minutes text for item 11.