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=4348&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 highlighted that this was the last Licensing Committee meeting of the term and thanked officers for their support and advice to Committee. She also thanked Police Scotland for its participation in the work of the Committee.

 

The Committee resolved:

to concur with the remarks of the Convener.

The Committee had before it a number of requests for deputation as follows:

1.    Request by Mr Russell McLeod in relation to item 5.1 (Response to Consultation on Training for Taxi and Private Hire Drivers);

2.    Request by Mr Russell McLeod in relation to item 5.2 (Response to Consultation on Knowledge Test for Taxi and Private Hire Drivers);

3.    Request by Mr Russell McLeod in relation to item 5.4 (Membership of the Taxi Consultation Group)

4.    Request by Mr McColl, Aberdeen Taxi Centre, in relation to item 3.2 (Request for Exemption from Vehicle Type and Branding Policy)

5.    Request by Mr McColl, Aberdeen Taxi Centre, in relation to item 5.1 (Response to Consultation on Training for Taxi and Private Hire Drivers)

6.    Request by Mr McColl, Aberdeen Taxi Centre, in relation to item 5.2 (Response to Consultation on Knowledge Test for Taxi and Private Hire Drivers)

7.    Request by Mr McColl, Aberdeen Taxi Centre, in relation to item 5.4 (Membership of the Taxi Consultation Group)

 

The Committee noted that requests 4 to 7 had been received beyond the deadline required by Standing Orders and therefore the Committee would need to suspend Standing Order 10(1) should it wish to hear these deputations. In addition, the Committee noted that request 4 above did not relate to a substantive report on the agenda as required by Standing Orders and therefore the Committee would need to suspend Standing Order 10(1) should it wish to hear this deputation.

 

The Committee resolved:-

    (i)        to agree to hear the deputation from Mr McLeod in relation to item 5.1 (Response to Consultation on Training for Taxi and Private Hire Drivers) prior to consideration of the report;

  (ii)        to agree to hear the deputation from Mr McLeod in relation to item 5.2 (Response to Consultation on Knowledge Test for Taxi and Private Hire Drivers) prior to consideration of the report;

 (iii)        to agree to hear the deputation from Mr McLeod in relation to item 5.4 (Membership of the Taxi Consultation Group) prior to consideration of the report;

 (iv)        to decline to hear the deputation from Mr McColl in relation to item 3.2 (Request for Exemption from Vehicle Type and Branding Policy);

  (v)        to suspend Standing Order 10(1) and thereby to agree to hear the deputation from Mr McColl in relation to item 5.1 (Response to Consultation on Training for Taxi and Private Hire Drivers) prior to consideration of the report;

 (vi)        to suspend Standing Order 10(1) and thereby to agree to hear the deputation from Mr McColl in relation to item 5.2 (Response to Consultation on Knowledge Test for Taxi and Private Hire Drivers) prior to consideration of the report; and

(vii)        to suspend Standing Order 10(1) and thereby to agree to hear the deputation from Mr McColl in relation to item 5.4 (Membership of the Taxi Consultation Group) prior to consideration of the report.

The Committee had before it the minute of its meeting of 7 February 2017.

 

The Committee resolved:

to approve the minute as a correct record.

The Committee had before it the minute of the meeting of the Licensing Urgent Business Sub Committee of 22 March 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 Evidential Hearings Sub Committee of 8 and 20 February and 23 March 2017.

 

The Committee resolved:

to approve the minutes as correct records.

The Committee had before it the minute of the meeting of the Taxi Consultation Group of 28 February 2017.

 

The Committee resolved:

    (i)        in relation to article 7 (Airport Taxis and Weekend Working), to note resolution (i) and the recommendation from the Taxi Consultation Group and to agree that the current condition enabling airport zoned taxis to operate in the city zone between midnight and 5am on Saturday nights/Sunday mornings be considered as part of the taxi demand survey; and

  (ii)        to otherwise note the minute.

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

 

The Committee resolved:

    (i)        to agree to delete items 1 (Survey on Unmet Taxi Demand – Collation of Data and Consultation with Trade), 2 (Training for Taxi Drivers), 3 (Private Hire Driver Training) and 8 (Knowledge Testing for Private Hire Drivers), subject to the decisions taken later on today’s agenda; and

  (ii)        In relation to item 5 (Review of Accessible Vehicles Policy), to note that officers were seeking further information on the response received from Dundee City Council and a report would be submitted to the Committee in due course; and

 (iii)        to otherwise note the updates contained therein.

The Committee had before it a request from Mr Steve Buchan, General Manager, Cineworld Cinemas to exhibit an unclassified locally produced short clip/advertisements produced by Northsound Radio on behalf of Stagecoach to promote the Stagecoach app.

 

The Committee resolved:

to approve the request.

The Committee had before it a request from Ms Wendy Devall, Economic Development, Aberdeen City Council, that the hydrogen Hyundai ix35, owned by the Council as part of the Aberdeen City Region Strategy, and which the Council wished to potentially lease to a taxi firm in Aberdeen as a private hire car, be exempt from the Committee’s policies on vehicle type and branding.

 

The Committee resolved:

to agree that it was willing, in principle, to consider licensing the vehicle.

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.

In accordance with article 2 of this minute, the Committee heard the deputations as follows:

 

(A)       In terms of Standing Order 10(1), the Committee received a deputation from Mr McLeod in relation to item 5.1 (Response to Consultation on Training for Taxi and Private Hire Drivers) wherein he asked that Committee agree to request the Taxi Consultation Group to explore how additional training could be incorporated within the knowledge test. He explained that they had previously been advised that the knowledge test could not be amended.

 

(B)       In terms of Standing Order 10(1), the Committee received a deputation from Mr McLeod in relation to item 5.2 (Response to Consultation on Knowledge Test for Taxi and Private Hire Drivers)wherein he requested that the Committee agree to take no immediate changes to the current knowledge test undertaken by taxi and private hire drivers. He explained that in his view the test was a necessity for all taxi and private hire drivers.

 

(C)       In terms of Standing Order 10(1), the Committee received a deputation from Mr McLeod in relation to item 5.4 (Membership of the Taxi Consultation Group) wherein he suggested that the entire membership of the Taxi Consultation Group required to be reviewed as the current membership did not represent Aberdeen’s taxi trade. He advised that if there was a desire to increase the membership, then he was of the view that all licenced booking offices should be invited to attend.

 

Members asked questions of Mr McLeod.

 

(D)       In terms of Standing Order 10(1), the Committee received a deputation from Mr McColl in relation to items 5.1 (Response to Consultation on Training for Taxi and Private Hire Drivers) and 5.2 (Response to Consultation on Knowledge Test for Taxi and Private Hire Drivers) wherein he advised that he felt that both items could be considered together and highlighted that the response to the consultation on training for taxi and private hire drivers had been disappointed.

 

He advised that he thought that for the majority of the trade that replied to the knowledge test questionnaire they found that the knowledge test questionnaire was more important than the extra training questionnaire. He went on to highlight that the overwhelming response from the trade (262 out of 322 indicated that the same test should apply to taxi and private hire drivers).  In his view, the majority (81%) had made it clear that they felt it was best for the trade to have all drivers being fully knowledge tested. In terms of retesting, he highlighted that as a general rule nobody liked change and this was why he believed the majority of respondents did not want a retest. He agreed with this view and felt that a retest should only be needed if legislation required this.

 

Finally, he thought that the trade felt that the test was fit for purpose and that there was no need to change the current test, except with the addition of new streets as needed.

 

(E)       In terms of Standing Order  ...  view the full minutes text for item 11.

With reference to article 7 of the minute of the Licensing Committee of 1 September 2015, the Committee had before it a report by the Interim Director of Corporate Governance which provided analysis of the results of the consultation on training for taxi and private hire drivers.

 

The report recommended –

that the Committee –

(a)          note the results of the consultation exercise; and

(b)          decide whether or not to proceed with further consultation and if so, the nature and content of such further consultation.

 

The Committee resolved:

    (i)        to note the results of the consultation exercise;

  (ii)        to agree to refer the matter of training for taxi and private hire drivers to the Taxi Consultation Group for further discussion with the trade and that a report be submitted to the Licensing Committee thereafter for consideration; and

 (iii)        to instruct the Head of Legal and Democratic Services to write to Scottish Enterprise to clarify whether any funding sources were available for taxi and private hire driver training.

With reference to (1) article 8(D) of the minute of the meeting of the Licensing Committee of 19 January 2016; and 2 article 6 of the minute of the meeting of the Licensing Committee of 13 December 2016, the Committee had before it a report by the Interim Director of Corporate Governance which provided analysis of the results of the consultation on the knowledge test for taxi and private hire drivers.

 

The report recommended –

that the Committee –

(a)          note the results of the consultation exercise; and

(b)          instruct no change to the format of the knowledge test.

 

The Convener, seconded by Councillor Reynolds moved:-

that the Committee –

(1)       note the results of the consultation exercise;

(2)       instruct no change to the format of the knowledge test for taxi and private hire drivers; and

(3)       instruct the Head of Legal and Democratic Services to discuss the format of the knowledge test with the Taxi Consultation Group as part of the further discussion on training for taxi and private hire drivers.

 

Councillor Townson, seconded by Councillor Nicoll moved as an amendment:-

that the Committee –

(1)       note the results of the consultation exercise;

(2)       instruct no change to the format of the knowledge test for taxi drivers; and

(3)       instruct no change, at present, to the format of the knowledge test for  private hire drivers and to instruct the Head of Legal and Democratic Services to research and design a streamlined knowledge test for private hire drivers in consultation with the trade and that this be reported to a future meeting of the Licensing Committee for consideration.

 

On a division, there voted:- for the motion (8) – the Convener; and Councillors Crockett, Graham, Hutchison, MacGregor, Malone, Reynolds and Samarai; for the amendment (2) – Councillors Nicoll and Townson.

 

The Committee resolved:

to adopt the motion.

With reference to article 6 of the minute of the Licensing Committee of 27 January 2015, the Committee had before it a report by the Interim Director of Corporate Governance which provided information in relation to the taxi demand survey and the overprovision assessment for private hire cars.

 

The report recommended –

that the Committee -

(a)          note that in terms of best practice a taxi demand survey should be carried out by November 2017;

(b)          instruct the Head of Legal and Democratic Services to conduct a taxi demand survey before June 2018 in conjunction with taxi fare review;

(c)          decide whether it wished to introduce an overprovision policy;

(d)          if the Committee decided to introduce an overprovision policy; to instruct the Head of Legal and Democratic Services to carry out an overprovision assessment at the same time as the taxi demand survey.

 

The Committee resolved:

    (i)        to approve recommendation (a); and

  (ii)        to instruct the Head of Legal and Democratic Services to report on the outcome of the taxi demand survey by June 2018 in conjunction with the taxi fare review.

The Committee had before it a report by the interim Director of Corporate Governance which sought consideration of a request by Aberdeen Taxis Ltd to join the Taxi Consultation Group (TCG).

 

The Committee resolved:-

to agree to review the remit, governance and membership of the Taxi Consultation Group following the Scottish Local Government Elections in May 2017.

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, 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 - 3 Roslin Terrace, Aberdeen

Application Reference Number – 4/1

 

The Committee had before it a report by the Private Sector Housing Manager in respect of the application and two letters of representation.

 

The applicant’s agent, Mr Chris Minchin, was in attendance.

 

One of the respondents Mr Peter Coutts was in attendance and spoke in support of his letter of representation. The second respondent, Mr David Green, was not in attendance, nor represented. The Committee asked questions of Mr Coutts.

 

The Committee then heard from the applicant’s agent in support of the application.  The Committee asked questions of the applicant’s agent.

 

The Committee resolved:

to defer consideration of the HMO application until the works were completed, after which time the Private Sector Housing Manager could grant the HMO application for a one year period under delegated powers if appropriate.

 

 

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

Premises - 28A Bedford Avenue, Aberdeen

Application Reference Number – 4/2

 

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

 

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 applicant, Mr James Morrison was present.

 

The late respondent, Mr Gordon Rhind, was present. Mr Rhind explained why his letter of representation was late and why it should be considered today. The applicant had no objection to the letter of representation being circulated.

 

Mr Thain further advised that the applicant had submitted a letter responding to the matters raised in the late representation and therefore the Committee would also require to consider whether to accept the submission from the applicant.

 

 

The Committee resolved:-

that the letter of representation by Mr Rhind Wilson, and the letter of response from the applicant, Mr James Morrison, be introduced into the proceedings.

 

The Committee heard from Mr Rhind who spoke in support of his letter of representation. The Committee asked questions of Mr Rhind.

 

The Committee then heard from the applicant, Mr Morrison, in support of the application.  The Committee asked questions of the applicant.

 

The Committee resolved:

to grant the HMO licence.

 

 

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

Premises - 10 Elmbank Road, Aberdeen (First floor flat)

Application Reference Number – 4/3

 

The Committee had before it a report  ...  view the full minutes text for item 16.