Agenda, decisions and minutes

The agenda and reports associated with this minute can be found here.

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.

Members were requested to intimate any declarations of interest in respect of the items on today’s agenda, thereafter the following was intimated:-

(1)      Councillor Radley declared an interest in item 7.12 (Review of a Street Trader Licence – Gaynor Barrie – Café on the Kerb) by virtue of her attending a Community Council meeting, at which, the item was discussed. She considered that the nature of her interest required her to leave the meeting and she therefore took no part in the consideration of this item.

The Committee had before it the minute of its meeting of 18 May 2021 for approval.

The Committee resolved:-

to approve the minute as a correct record.

The Committee had before it the Committee Business Planner as prepared by the Chief Officer – Governance.

The Committee resolved:-

to note the committee business planner.

The Committee had before it by way of referral, a minute extract from the Taxi and Private Hire Car Consultation Group meeting of 22 June 2021, which recommended to the Licensing Committee, at their next meeting to commence the process of installing a taxi rank on Queen Street.

The Committee resolved:-

to instruct the Chief Officer – Governance to commence the process of installing a taxi rank on Queen Street.

The Committee were advised that the licence holder had withdrawn their application.

The Committee had before it a report by the Private Sector Housing Manager, which (1) advised that the application was before the Committee for the reason that the HMO Officer had yet to carry out an initial inspection of the premises to determine whether any upgrading work and certification was required; and (2) that extensive attempts had been made to contact the applicant to arrange the initial inspection, all without success.

Mr Thain, Private Sector Housing Manager advised that the one-year statutory deadline for determining this licence application was 23 August 2021.

The applicant, Ms Marjorie Hewitt, was in attendance and spoke in support of the application and responded to questions from members of the Committee.

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.

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

the Committee were advised that the applicant had withdrawn the application.

the Committee were advised that the applicant had withdrawn the application.

the Committee were advised that the applicant had withdrawn the application.

the Committee were advised that the applicant had withdrawn the application.

the Committee were advised that the applicant had withdrawn the application.

The Committee had before it an information sheet prepared by the Chief Officer – Governance, which advised that the application required to be determined by 30 October 2021 and that two letters of representation had been received from members of the public.

The applicant, Mr Lisan Erygit was in attendance and spoke in support of his application and responded to questions from members of the Committee.

None of the respondents were in attendance.

Mr Andrew Gilchrist, Principal Environmental Health Officer indicated that an inspection had been undertaken on 28 June 2021 and the Certificate of Compliance in relation to food hygiene would be issued today.

The Committee resolved:-

(i)       to grant the renewal of the licence; and

(ii)       to note that officers would contact the respondents in terms of the decision.

The Committee had before it an information sheet prepared by the Chief Officer – Governance, which advised that the application required to be determined by 2 February 2022 and that two letters of representation had been received from the Roads Team, Aberdeen City Council and an elected member.

The applicant, Mr Maciej Jaworski was in attendance and spoke in support of his application and responded to questions from members of the Committee.

Ms Vycki Ritson, Engineer, Roads Team Leader indicated that officers had suggested alternative trailer site locations in relation to Riverside Drive and Seaton Crescent.

The Committee resolved:-

to grant the licence for the following locations, including the trailer site changes suggested by the Roads Team, above:-

·       Regent Walk, North side 40m West of Golf Road;

·       Riverside Drive, East side 266m North of Stonehaven Road;

·       Seaton Crescent, East side 105m North of School Road; and

·       Westburn Park, Access Road East side 140m North of Westburn Road.

The Committee had before it an information sheet prepared by the Chief Officer – Governance, which advised that the application required to be determined by 16 July 2021.

Ms Karen Gatherum, Legal Adviser indicated that Environmental Health had been unable to inspect the applicant’s premises, however the inspection was due to be undertaken on 30 June 2021.

The applicant was not in attendance.

The Committee resolved:-

to defer consideration of the application until Environmental Health have undertaken an inspection for the Certificate of Compliance, after which time the Chief Officer - Governance could grant the licence under delegated powers if appropriate.

DECLARATION OF INTEREST

In accordance with article 1 of this minute, Councillor Radley withdrew from the meeting prior to consideration of the following item of business. She was substituted by Councillor Al-Samarai for this item of business only.

The Committee had before it an information sheet prepared by the Chief Officer – Governance, which advised that the application had been granted on 27 May 2021, following which, the Licensing Team had received three complaints from local residents relating to the trader’s business. Members also had before them the three letters of complaint and a letter dated 16 June 2021, from Mr David McKane, Enforcement Officer relating to the site inspection he undertook at Whitehills Close, Cove on 10 June 2021.

The three respondents, Mr Stuart Houston, Ms Marion Hunt and Mr Callum McGowan were in attendance, spoke in support of their complaints in turn and responded to questions from members of the Committee.

The licence holder Ms Gaynor Barrie and her representative, Mr Tony Dawson, were in attendance, spoke in support of the trader’s business and responded to questions from members of the Committee.

The Committee agreed unanimously to view a short walkthrough video submitted by the licence holder, which showed the location of the trader’s business trailer on Whitehills Close, Cove.

The licence holder’s representative and the three respondents summed up.

The Committee resolved:-

(i)       to take no action; and

(ii)       to instruct the Chief Officer – Governance to undertake a review of the policies and procedures for Street Trader Licences and to submit a report to the Committee in this regard.

CONFIDENTIAL INFORMATION

The press and public were excluded from the meeting for consideration of the following items which contained confidential information in terms of Section 50A 3(b) of the Local Government (Scotland) Act 1973.

The Committee were advised that the licence holder had withdrawn their application.

-         COUNCILLOR JOHN REYNOLDS, Convener.