Agenda and minutes

The agenda and reports associated with this minute can be found at:

http://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=502&MId=3752&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.

In terms of Standing Order 28(5)(vi), and in accordance with Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, the Sub Committee was informed that it had to determine: (1) that the items on the agenda were of an urgent nature; and (2) that the Committee required to consider the items and take a decision thereon.

The Sub Committee resolved:-

to agree that the items were of an urgent nature and required to be considered this day.

Application Reference Number - 3/03

Location – 76 Willowbank Road, Aberdeen City Council

Dates/Times – Monday to Friday, 16:00 to 18:00; Saturday 09:00 to 13:00

With reference to article 3 of appendix A of the minute of the meeting of the Licensing Committee of 17 March 2015, the Sub Committee had before it (a) a letter from Mr Mckane, Enforcement Officer, dated 5 March 2015, which advised and presented photographic evidence to confirm, that the statutory notice in respect of this application had not been displayed in accordance with the requirements of Paragraph 2(2) of Schedule 1 of the Civic Government (Scotland) Act 1982; and (b) a letter of objection.

The Sub Committee was advised that it firstly had to determine whether the statutory notice had been displayed in accordance with the requirements of Paragraph 2(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

The applicant was in attendance and spoke in support of his application during the course of which he explained the rationale for the location of the site notice and why he believed this met the statutory requirements.

The Sub Committee resolved:-

(i)         to agree that the statutory notice had not been displayed in accordance with the requirements of Paragraph 2(2) of Schedule 1 of the Civic Government (Scotland) Act 1982 and therefore to refuse the application, and

(ii)        to agree to waive the application fee should the applicant re-apply and to advise the applicant that should the application be resubmitted within one year that the Licensing Committee would consider whether a material change had occurred and whether to consider the application at that time.

The Sub Committee was advised that the application required to be determined by 16 April 2015 and that Fleet Services had indicated that the vehicle had not passed an inspection.

The applicant was in attendance and spoke in support of his application, during the course of which he intimated that he wished to withdraw his application.

The Sub Committee resolved:-

to note that the applicant had withdrawn his application.

The Sub Committee was advised that the applications had been granted under delegated powers.

EXEMPT INFORMATION

In accordance with the DATA PROTECTION ACT 1988 (PrINCIPLE 1), the press and public were excluded from the meeting during consideration of the following itemS.

Application Reference Number - 6/05

With reference to article 4 of appendix B of the minute of the meeting of the Licensing Committee of 17 March 2015, the Sub Committee had before it a letter from the Committee’s nominated Occupational Health Service Provide (Optima Health) dated 13 March 2015 in relation to the applicant.

The applicant was not in attendance.

The Sub Committee resolved:-

to refuse the application.

Application Reference Number – 6/04

With reference to article 5 of appendix B of the minute of the meeting of the Licensing Committee of 17 March 2015, the Sub Committee had before it a letter from the Committee’s nominated Occupational Health Service Provide (Serco) dated 3 December 2014 in relation to the application which required to be determined by 19 April 2015.

The Sub Committee heard the applicant speak in support of the application.

The Sub Committee resolved:-

to defer consideration of the application to a further meeting of the Licensing Urgent Business Sub Committee to allow time for a report to be provided by Optima Health.

- COUNCILLOR SCOTT CARLE, Convener