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=6274&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 noted that there were no items of urgent business.

The Committee noted there were no items of exempt business.

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 that applications/requests 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 were listed at item 7 on the agenda.

The following declarations of interest were intimated at this time:

(i)         Councillor Malik declared an interest in relation to item 8.11 (Request for the Suspension of a Late Hours Catering Licence – Marco’s, 12 Belmont Street), by virtue of knowing the applicant, and withdrew from the meeting prior to consideration of this item; and

(ii)        Councillor McRae declared an interest in relation to item 8.22 (Application for the Renewal of a Taxi Driver’s Licence – Jamie Gibson), by virtue of knowing the applicant, and withdrew from the meeting prior to consideration of this item.

The Committee had before it a request for deputation from Mr Tommy Campbell, Unite in relation to item 9.1 (Wheelchair Accessible Vehicle Taxi Policy) on the agenda.

 

The Committee resolved:

to note the deputation and that it would be heard immediately prior to consideration of item 9.1 (Wheelchair Accessible Vehicle Taxi Policy Update) on the agenda.

The Committee had before it a request for deputation from Mr Mark Cullen, in relation to item 9.1 (Wheelchair Accessible Vehicle Taxi Policy) on the agenda.

 

The Committee resolved:

to note that the request for deputation from Mr Cullen had been withdrawn.

The Committee had before it a request for deputation from Mr Graeme McColl, Aberdeen Taxi Centre in relation to item 9.2 (Taxi Fare Review) on the agenda.

 

The Committee resolved:

to note the deputation and that it would be heard immediately prior to consideration of item 9.2 (Taxi Fare Review) on the agenda.

The Committee had before it the minute of its meeting of 17 April 2018 for approval.

 

The Committee resolved:

to approve the minute as a correct record.

The Committee had before it the minute of the meetings of the Licensing Sub Committee of 25 April, 2 and 21 May 2018 for approval.

 

The Committee resolved:

to approve the minutes as correct records.

The Committee had before it the committee business planner as prepared by the Chief Officer – Governance.

 

The Committee resolved:

(i)          to agree to remove item 6 (Development of Models for Civic Leadership and Engagement) and to note that any future proposals would be presented to the appropriate Committee for consideration; and

(ii)         to otherwise note the committee business planner.

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.

(A)       In accordance with article 5 of this minute, the Committee received a depuration from Mr Tommy Campbell, Unite in relation to item                                                                          9.1 (Wheelchair Accessible Vehicle Taxi Policy Update) on the agenda.

 

Mr Tommy Campbell advised that Unite the Union’s position in respect of the Council’s Accessible Vehicle Policy remained the same as that presented previously, 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. Mr Campbell believed that this position had been supported by the responses to the consultation held and appended to the report.  He emphasised the importance of ensuring equality of choice and he believed that this was currently being delivered through the mixed 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 also felt that a root and branch consultation should be undertaken as he believed key groups were missing from the consultation responses. 

 

He recommended that the Committee maintain a mixed fleet of taxi vehicles rather than a 100% WAV policy.

 

(B)       With reference to article 16 of the minute of the meeting of the Licensing Committee of 12 September 2017, the Committee had before it a report by the Chief Officer – Governance which presented the results of the consultation exercise and advised of the potential legal and financial implications of adopting a mixed fleet policy.

 

The report recommended:-

that the Committee –

(a)       note the results of the consultation exercise;

(b)       note the potential legal and financial implications of adopting a mixed fleet policy; and

(c)        agree to continue with the current policy whereby all taxis require to be wheelchair accessible vehicles by June 2019 in light of the legal and financial implications of changing policy at this time.

 

The Committee resolved:

(i)         to agree recommendation 2.1 as contained in the report;

(ii)        to instruct the Chief Officer - Governance to change the implementation date of the existing policy to June 2023;

(iii)       to recognise that in compliance with The Equality Act 2010 that all taxi user requirements should be considered and instruct the Chief Officer - Governance:

(1)       to prepare a report with suitable mixed fleet policy options for the split which would address all customer needs whether they are a wheelchair user, visually impaired or have other mobility requirements or other relevant disability;

(2)       to submit the aforementioned options to the Licensing Committee meeting by June 2022 for consideration, noting that subject to the approval in principle of the options a full consultation as outlined in section 4.2 of the report would be undertaken and the outcome reported back to the Committee; and

(iv)       to further recognise that in 1994 when new applications for taxi licences were required to be  ...  view the full minutes text for item 12.

          DECLARATIONS OF INTEREST

 

The Vice Convener and Councillors Allan declared an interest in the following item by virtue of their membership of Unite the Union but did not feel it necessary to leave during consideration of the item.

 

(A)         In accordance with article 5 of this minute, the Committee received a deputation from Mr Graeme McColl, Aberdeen Taxi Centre in relation to item 9.2 (Taxi Fare Review) on the agenda

 

Mr McColl advised that Aberdeen Taxi Group agreed with parts of the report especially in respect to the rise in costs over the last few years.  It was Aberdeen Taxi Group’s opinion that costs had actually risen by more than the report stated as although the trade used the same formula they did not agree with where some of the information now came from.  Also, he highlighted that some of the information was now outdated and stated that using information from 2014 was not ideal.  However, they accepted that until the formula was changed then there was little that could be done at this time.

 

Mr McColl advised that they had expressed at a meeting of the Taxi and Private Hire Consultation Group that the fare structure should not contain 2 and 1 pence pieces and expressed his disappointment that this aspect did not seem to have been taken in to consideration. In this regard, he asked that this be looked at and the increase worked out on reducing the yardage.  He explained that the Aberdeen Taxi Group felt that this would be the best working practice for a taxi driver.

 

Finally, he intimated that the Aberdeen Taxi Group agreed that it should only be the basic tariff that was increased and that all extras should stay the same. 

 

(B)       With reference to article 17 of the minute of the meeting of the Licensing Committee of 17 April 2018, the Committee had before it a report by the Chief Officer – Governance which presented evidence from a consultation to allow it to reach 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)          consider the report and any representations made by members of the taxi trade and the public to the consultation (Appendix 3);

(b)          agree to either Option A or Option B as the proposed scales to be advertised for the taxi fare review in terms of section 17 of the Civic Government (Scotland) Act 1982;

(c)          instruct the Chief Officer - Governance to amend the fare card at surcharge 5 to reflect the holiday dates for 2019 and 2020;

(d)          instruct the Chief Officer - Governance to advertise the proposed scales agreed in a newspaper circulating in its area for at least one month together with the general effect of the proposed scales and the date when it was proposed that they would take effect; and

(e)          agree to amend the previous decision of 17 April 2018 and to instruct the Chief Officer - Governance to submit a report to the special meeting of the Licensing Committee on 9 July 2018 on the outcome  ...  view the full minutes text for item 13.

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 John Reynolds, Convener.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX A

 

 

1.            LANDLORD REGISTRATION

Application Reference 7/01

 

The Committee had before it a report by the Private Sector Housing Manager in respect of an application for landlord registration which included a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 4 May 2018.

 

Sergeant Flett was in attendance and spoke in support of Police Scotland’s letter of representation.

 

The applicant was not in attendance, however was represented. The applicant’s representative spoke in support of the application.

 

The Committee asked questions of the Sergeant Flett and the applicant’s representative.

 

Both parties summed up.

 

The Committee resolved:

to refuse the application for landlord registration.

 

 

2.            APPLICATION FOR THE RENEWAL OF A TAXI DRIVER'S LICENCE

Application Reference 7/02

 

The Committee had before it (1) an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had to be determined by 31 July 2018; and (2) a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 20 February 2018.

 

The applicant was in attendance., accompanied by his trade union representative who spoke in support of the application.

 

Sergeant Flett was in attendance and spoke in support of Police Scotland’s letter of representation.

 

The Committee asked questions of the applicant and Sergeant Flett.

 

Both parties summed up.

 

The Committee resolved:

to grant the application.

 

 

 

 

 

3.            REQUEST FOR EXEMPTION FROM THE STREET KNOWLEDGE TEST

Application Reference 7/03

 

The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the request for exemption from the Committee’s street knowledge test for taxi drivers which had been received on 21 March 2018.

 

The applicant was not in attendance, but had submitted a letter and Mr Munro, Legal Advisor, read this out to the Committee.

 

The Committee resolved:

to refuse the request on the basis that the evidence to substantiate the statements made had not been submitted and to agree that should this evidence be presented the Committee would consider the request again.

 

 

4.            APPLICATION FOR THE RENEWAL OF A PRIVATE HIRE DRIVER'S LICENCE

Application Reference 7/04

 

The Committee noted that the application had been granted under delegated powers.

 

 

5.            APPLICATION FOR THE RENEWAL OF A TAXI DRIVER'S LICENCE

Application Reference 7/05

 

The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had to be determined by 7 August 2018; and (2) a letter from the Council’s Occupational Health Provider dated 25 April 2018.

 

Mr Munro, Legal Advisor, provided the Committee with an overview of the application and its current status.  ...  view the full minutes text for item 14.