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=4352&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 proposed that the Committee suspend Standing Order 37.2 (Length of Meetings) to enable the meeting to continue beyond four hours.

The Committee resolved:

to agree to suspend Standing Order 37.2 (Length of Meetings).

The Committee was advised that the applications listed at item 7 on the agenda were to be heard in private and treated as confidential information in terms of Section 50(A)(3)(b) of the Local Government (Scotland) Act 1973.

The Committee resolved:

to note that applications/requests to be heard in private and treated as confidential information in terms of Section 50(A)(3)(b) of the Local Government (Scotland) Act 1973 were listed at item 7 on the agenda.

The following declarations of interest were intimated at this time:

(i)         Councillor Imrie declared an interest in relation to items 8.5 (Application for the Grant of a Temporary Street Trader Licence – Fresh Approach UK), 8.6 (Application for the Renewal of a Street Trader's Licence – Maureen Ross), and 8.7 (Application for the Renewal of a Street Trader's Licence – Gary Zyciwski) and 9.1 (Outcome of the Fee Review Proposal Consultation), by virtue of her intention to apply for a street trader licence in the near future, and withdrew from the meeting prior to consideration of these items; and

(ii)        Councillor Sellar declared an interest in relation to item 7.5 (Application for the Grant of a Second Hand Dealer’s Licence) by virtue of knowing the applicant, and withdrew from the meeting prior to consideration of this item.

The Committee had before it the minute of its previous meeting of 7 November 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 Urgent Business Sub Committee of 27 October and 30 November 2017.

The Committee resolved:

to approve the minutes as correct records.

The Committee had before it the minutes of the meeting of the Licensing Evidential Hearing Sub Committee of 6 September 2017.

The Committee resolved:

to approve the minute as a correct record.

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

The Committee resolved:

(i)         to delete item 5 (Review of Civic Application and Licence Fees), subject to the decision taken later on the agenda; and

(ii)        to otherwise note the updates contained in the statement.

The Committee had before it a tracker of future committee business.

The Committee resolved:

to note the information contained in the committee report tracker.

CONFIDENTIAL INFORMATION

The press and public were excluded from the meeting for consideration of the applications listed in section 7 on the agenda and appendix A of the minute 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 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.

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.

With reference to article 11 of the minute of the meeting of the Licensing Committee of 12 September 2017, the Committee had before it a report by the Head of Legal and Democratic Services which presented the outcome of the fee review proposal consultation, and sought a final decision on the future fee levels to be adopted from 20 December 2017.

The report recommended –

that the Committee

(a)       accept the Fee Proposal Option C set out in paragraph 3.6 of the report and to agree that it take effect from 20 December 2017; and

(b)       accept the proposal in paragraph 3.11 of the report in relation to Public Entertainment Licences and to agree that it take effect from 20 December 2017.

The Committee resolved:

to approve the recommendations.

The Committee had before it a report by the Head of Legal and Democratic Services which advised of the announcement from HM Treasury that all surcharges for making payments by credit or debit card would come to an end on 13 January 2018 and requested that the Head of Legal and Democratic Services be instructed to take the necessary steps required to facilitate compliance with the second EU Payment Services Directive.

The report recommended –

that the Committee

(a)       note that the Government, HM Treasury, made an announcement on 19 July 2017 unveiling new rules, resulting from the implementation of the second EU Payment Services Directive, which would mean that surcharges for making payments by credit or debit card would be prohibited from 13 January 2018, and that there is no transition period for the provision;

(b)       instruct the Head of Legal and Democratic Services to write to all holders of taxi and private hire car licences to advise them:-

(i)         That they would be prohibited from charging customers the credit/debit card surcharge, currently on the Taxi Tariff Card, from 13 January 2018;

(ii)        That licence holders would require to consult their card machine providers or amend their card machines as soon as possible in order to remove the credit/ debit card surcharge from 13 January 2018;

(iii)       That a new Taxi Tariff Card with the credit/ debit card surcharge removed would be made available on the Council’s website from 13 January 2018 and thereafter would be issued to licence holders after the completion of the next Taxi Fare Review in the Summer of 2018.  Licence holders would be advised that they should black out/ delete the surcharge from their current Tariff Cards from 13 January 2018; and

(c)        instruct the Head of Legal and Democratic Services to publicise in the media, for the benefit of users, that taxis and private hire cars with meters would not be able to charge customers the credit/ debit card surcharge from 13 January 2018 and any complaints about overcharging should be made to the City Council’s Licensing Enforcement Officers or Trading Standards Officers.

The Committee resolved:

(i)         to approve recommendations (a), (b)(i), (b)(ii) and (c); and

(ii)        to instruct the Head of Legal and Democratic Services to write to all holders of taxi and private hire car licences to advise them that a new Taxi Tariff Card with the credit/ debit card surcharge removed would be made available on the Council’s website from 13 January 2018 and would be issued to licence holders.

The Committee had before it a report by the Head of Legal and Democratic Services which sought consideration of a request from GMB Scotland to join the Taxi and Private Hire Car Consultation Group (TPHCG).

The report recommended –

that the Committee consider the request from GMB Scotland to join the TPHCG.

The Committee resolved:

to agree that GMB Scotland be added to the membership of the Taxi and Private Hire Car Consultation Group.

The Convener thanked members and officers for their participation in and support to the Committee and Sub Committees over the course of the year, in particular the participation and support provided to the meetings called of the Licensing Urgent Business Sub Committee since September 2017.  He wished all an enjoyable break over the festive period.

- COUNCILLOR JOHN REYNOLDS, Convener

APPENDIX A

1.         LANDLORD REGISTRATION

Application Reference Number - 7/01

The Committee was advised that the item had been withdrawn from the agenda.

2.         LANDLORD REGISTRATION

Application Reference Number - 7/02

With reference to article 1 of Appendix A of the minute of the meeting of the Licensing Committee of 7 November 2017, the Committee had before it a report by the Private Sector Housing Manager in respect of an application for landlord registration.

The applicant was not in attendance.

The Committee heard from Mr Yeats, Senior Private Sector Housing Officer, who advised that the applicant had contacted him to advise that neither he, nor his solicitor, could be present at today’s meeting and asked that consideration of his application be deferred to a future meeting of the Committee to enable him or his representative to be present.

The Committee resolved:

to defer consideration of the registration to a future meeting of the Committee to enable the applicant, or his representative, to be present.

3.         RECALL OF SUSPENSION OF TAXI DRIVER'S LICENCE

Application Reference Number - 7/03

The licence holder was in attendance, accompanied by a friend.

The licence holder spoke in support of his request.

Sergeant Flett was in attendance and spoke in support of Police Scotland’s letter in response to the request.

The Committee asked questions of the licence holder and Sergeant Flett.

Sergeant Flett summed up.

The licence holder summed up.

The Committee resolved:

to refuse to recall the suspension.

4.         APPLICATION FOR THE RENEWAL OF A LATE HOURS CATERING LICENCE

Application Reference Number - 7/04

With reference to article 5 of appendix A of the minute of the meeting of the Licensing Committee of 7 November 2017, the Committee had before it (1) 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 13 February 2018; and (2) a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 31 August 2017.

The applicant was in attendance.

Sergeant Flett was in attendance and spoke in support of Police Scotland’s letter of representation.

The applicant spoke in support of his application.

The Committee asked questions of the applicant and Sergeant Flett.

Sergeant Flett did not take up the opportunity to sum up.

The applicant summed up.

The Committee resolved:

to grant the application.

DECLARATION OF INTEREST

In accordance with article 3 of this minute, Councillor Sellar left the meeting prior to consideration of the following item of business.

5.         APPLICATION FOR THE GRANT OF A SECOND HAND VEHICLE DEALER'S LICENCE  ...  view the full minutes text for item 14.