Agenda and minutes

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

https://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=502&MId=6008&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 33.1, and in accordance with Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, the Sub Committee was informed that the Convener had determined: (1) that the items on the agenda were of an urgent nature to enable the applications to be determined in a timely manner; and (2) that the Sub Committee required to consider the items and take decisions thereon.

The Sub Committee resolved:

to agree with the Convener that the items on today’s agenda were of an urgent nature and required to be considered this day.

The Sub Committee were advised that the application had been withdrawn.

The Sub Committee had before it an information note prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had been placed on the agenda as it required to be determined by 11 December 2017, and to date the applicant had not passed the required street knowledge test.

Mr Munro, Legal Advisor, provided the Sub Committee with a verbal update on the application.

The Sub Committee heard from the applicant, who advised that he would undertake a street knowledge test on Monday 4 December 2017 and if he failed the test, he would withdraw his application.

The Sub Committee resolved:

(i)         to defer consideration of the application to allow the applicant to undertake the street knowledge test on Monday 4 December 2017 and to agree that should the applicant pass the street knowledge test, the Head of Legal and Democratic Services could grant the application under delegated powers;

(ii)        to note that the applicant would withdraw his application if he failed the street knowledge test on Monday 4 December 2017; and

(iii)       to refer the application to a further meeting of the Licensing Urgent Business Sub Committee prior to 11 December in the event the applicant failed to pass the street knowledge test and did not subsequently withdraw the application.

CONFIDENTIAL INFORMATION

The press and public were excluded from the meeting for consideration of the application listed below in terms of Section 50(A)(3)(b) of the Local Government (Scotland) Act 1973.

The Committee had before it an information sheet prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had to be determined by 4 December 2017.

Mr Munro, Legal Advisor, provided the Committee with a verbal update on the application and also circulated an updated information sheet containing letters and correspondence submitted by the applicant.

The applicant was in attendance and spoke in support of the application.

The Committee asked questions of the applicant.

The applicant summed up his case.

The Sub Committee resolved:

(i)         to refuse the application;

(ii)        to agree that should the applicant meet the Group 2 DVLA medical criteria following receipt of a further medical report which results in a material change of circumstance, to waive the fee for a new application and the requirement for the applicant to undertake a street knowledge test; and

(iii)       to note that the Licensing Team Leader would review the process in relation to contacting applicants following receipt of medical reports from OH Assist.

- COUNCILLOR JOHN REYNOLDS, Convener