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.

The Convener requested that item 9.7 (Grant of Taxi Operator Licence) be taken within the Public section of the agenda following item 7.25 as it had been placed in the Confidential section of the agenda in error. (Article XX of this minute refers)

The Committee resolved:-

to approve the request.

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

(1)      The Vice Convener declared an interest in relation to item 7.14 (Renewal of a Taxi Operator Licence – George Penny - SF67 XCT), by virtue of him knowing the applicant personally. He advised that the nature of his interest required him to leave the meeting during consideration of this item; and

(2)      The Convener advised that she had a connection in relation to item 7.14 (Renewal of a Taxi Operator Licence – George Penny - SF67 XCT), by virtue of knowing the applicant personally, however having applied the objective test, she did not consider that she had an interest and would not be withdrawing from the meeting.

The Committee had before it the minute of its previous meeting of 15 November 2022, for approval.

The Committee resolved:-

to approve the minute.

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

The Committee resolved:-

to note the content of the planner.

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

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

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

The Committee had before it a report by the Private Sector Housing Manager, which advised that the application was before the Committee for the reason that one letter of representation had been submitted; and that the necessary upgrading work and certification had not been completed.

The applicant’s agent, Mr Chris Minchin was in attendance and spoke in support of the application and responded to questions from members of the Committee.

The respondent Mr Robert Kerr was in attendance and spoke in support of his letter of representation.

Both parties summed up.

The Committee resolved:-

to defer consideration of the application until the works were completed, after which time the Chief Officer - Early Intervention & Community Empowerment could grant the licence under delegated powers if appropriate.

The Committee had before it a report by the Private Sector Housing Manager, which advised that the application was before the Committee for the reason that two letters of representation had been submitted; and that the necessary upgrading work and certification had not been completed.

The applicant’s agent, Mr Stuart Carnie was in attendance and spoke in support of the application and responded to questions from members of the Committee.

One of the respondents, Ms Sheila Simmons was in attendance and spoke in support of her letter of representation.

Both parties summed up.

The Committee resolved:-

to defer consideration of the application until the works were completed, after which time the Chief Officer - Early Intervention & Community Empowerment could grant the licence under delegated powers if appropriate.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

In accordance with Article 2 of this minute, the Vice Convener left the meeting for the following item of business.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard Mr Sandy Munro, Legal Adviser, Aberdeen City Council who explain that the applicant was the current vehicle owner.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to grant the licence.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the application did not comply with the Committee’s Policy which states that the licence holder must be the owner of the vehicle, noting that the vehicle was owned by Rainbow City Taxis.

The Committee heard from Mr Sandy Munro, Legal Adviser, Aberdeen City Council in relation to the current policy.

Mr Kevin Clancy, representing Rainbow City Taxis spoke in support of the application.

The Committee resolved:-

to note that this item had been considered with a number of others on the agenda, given that the applicant had provided Rainbow City Taxis with a mandate to act on behalf of the applicant, with the following agreed:-

(1)      on the applicant’s undertaking, to convert half of the vehicles within one year and the remaining half within a further year coupled with the Council’s undertaking to review the policy on vehicle ownership without prejudice, and bring it back to Committee in due course, and therefore grant the application; and

(2)      that delegated powers be granted to the Director of Commissioning to offer this option to convert any vehicles in a similar position.

The Committee had before it (1) an information sheet prepared by the interim Chief Officer – Governance, which advised that the applicant was seeking an exemption from the Wheelchair Accessible Vehicle policy; and (2) an email from the applicant indicating the grounds under which he was seeking the exemption.

The applicant was in attendance, spoke in support of his request and responded to questions from members.

The Committee resolved:-

to approve the request for exemption from the Wheelchair Accessible Vehicle policy.

At this juncture, Councillor Boulton declared an interest in relation to the following item of business by virtue of her being called as a witness in  Court proceedings relating to the applicant. She advised that the nature of her interest required her to leave the meeting and took no part in the Committee’s deliberations thereon.

Also at this juncture, Councillor MacGregor declared an interest in relation to the following item of business by virtue of him knowing the applicant. He advised that the nature of his interest required him to leave the meeting and took no part in the Committee’s deliberations thereon.

With reference to article 2 of the minute of the Special meeting of 4 November 2022, the Committee had before it an information note prepared by the interim Chief Officer – Governance in respect of the application, which advised that following inspection, the applicant’s modified vehicle did not meet the Wheelchair Accessible Vehicle specifications of the Licensing Authority.

The Committee heard from Mr Sandy Munro, Legal Adviser, Mr Dave McKane, Enforcement Officer and Mr John Weir, Fleet Manager in relation to the application and responded to questions from members.

The applicant was in attendance, spoke in support of his request, responded to questions from members and the summed up.

The Committee resolved:-

to refuse the licence on the grounds that the vehicle did not meet the specification required by the licensing authority.

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 had before it (1) an information note prepared by the Private Sector Housing Manager, which provided details in relation to an application for Landlord Registration; and (2) a letter from Police Scotland, c/o North East Division, dated 15 December 2022.

As a preliminary matter, Mrs Jocelyn Janssen, Private Sector Housing Manager advised that the HMO Unit had received two late character references in relation to the applicant, therefore the Committee required to consider whether they be accepted into the proceedings.

The Committee resolved:-

to accept the late correspondence into the proceedings.

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

Sergeant Neil Grant was in attendance and spoke in support of Police Scotland’s letter.

Both parties summed up.

The Committee resolved:-

to grant the licence.

The Committee had before it (1) an information note prepared by the interim Chief Officer – Governance, which advised that the application required to be determined by 7 September 2023; and (2) a letter from Police Scotland, c/o North East Division, dated 13 December 2022.

The applicant was in attendance, spoke in support of the application with support from his partner and responded to questions from members.

Sergeant Neil Grant was in attendance and spoke in support of Police Scotland’s letter.

Both parties were given the opportunity to sum up.

The Committee resolved:-

to grant the licence.

The Committee had before it an information note prepared by the interim Chief Officer – Governance, which advised that the licence holder was seeking an exemption to the Committee Policy that states that any new grant application for a taxi must be for a Wheelchair Accessible Vehicle.

The licence holder was in attendance, spoke in support of the application and responded to questions from members.

The Committee resolved:-

to approve the request for exemption from the Wheelchair Accessible Vehicle policy.

The Committee had before it an information note prepared by the interim Chief Officer – Governance, which advised that the licence holder was seeking an exemption to the Committee Policy that states that any new grant application for a taxi must be for a Wheelchair Accessible Vehicle.

The licence holder was in attendance, spoke in support of the application and responded to questions from members.

The Committee resolved:-

to approve the request for exemption from the Wheelchair Accessible Vehicle policy and the Age of Vehicle policy.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the licence holder did not meet DVLA Group 2 medical standards.

The licence holder was not in attendance nor represented.

The Committee resolved:-

to revoke the licence.

The Committee had before it an information note prepared by the interim Chief Officer – Governance which advised that the applicant did not meet DVLA group 2 medical standards.

The applicant was not in attendance nor represented.

The Committee resolved:-

to refuse the licence.

-         COUNCILLOR GILL Al-SAMARAI, Convener