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=6275&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 Committee noted that there were no items of urgent business.

The Committee noted there were no items of exempt business.

The Committee was advised that the applications listed at item 9 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 9 on the agenda.

There were no declarations of interest.

The Committee noted that there were no requests for deputation.

The Committee had before it the minutes of its meetings of 5 June and 9 July 2018 for approval.

The Committee resolved:

to approve the minutes as correct records.

The Committee had before it the minute of the meetings of the Licensing Sub Committee of 4 and 22 June 2018 for approval.

The Committee resolved:

to approve the minutes as correct records.

The Committee had before it the minute of meeting of the Taxi and Private Hire Car Consultation Group of 27 June 2018.

The Committee Resolved:

(i)         to note the minute; and

(ii)        to approve the request by Mr McLeod to join the Taxi and Private Hire Car Consultation Group as the Licensed Taxi Offices representative and to instruct the Licensing Team Leader to notify all Taxi Offices of the appointed representative.

The Committee had before it the committee business planner as prepared by the Chief Officer – Governance.

The Committee resolved:

(i)            to note that items 5 (Driver Training – Satellite Navigation) and 6 (Possible Methods of Delivery of Driver Training) had been delayed to the meeting of the Committee on 19 February 2019, in light of the Committee's decision regarding the delayed implementation of the wheelchair accessible policy;

(ii)          to note that item 7 (Sexual Entertainment Licences) had been delayed to a future meeting of the Committee as the legislation had still not been enacted, and a report presenting the options for consideration would be submitted once the legislation had been published; and

(iii)         to otherwise note the content of the business planner.

The Committee noted that there were no Notices of Motion.

The Committee noted that there were no referrals.

CONFIDENTIAL INFORMATION

The press and public were excluded from the meeting for consideration of the applications listed in section 9 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 (1) article 14 of the minute of the meeting of the Licensing Committee of 28 April 2017; and (2) article 10 of the minute of the meeting of the Licensing Committee of 13 June 2017, the Committee (a) received a presentation from Iain MacDonald, LVSA, in relation to the results of the taxi demand survey; and (b) had before it a report by the Chief Officer – Governance which presented the 2018 Taxi Demand Survey which also included a Private Hire Overprovision Assessment and a Review of Taxi Rank provision in Aberdeen.

The report recommended:-

that the Committee –

(a)          note the results and recommendations of the Survey;

(b)          agree that there was currently no evidence of significant unmet demand for the services of taxis in Aberdeen and therefore no need to increase the limit on the number of taxi licences;

(c)          agree that there was no evidence of the overprovision of private hire cars in the locality of the City of Aberdeen and therefore no need to introduce a cap on private hire car licences;

(d)          instruct the Chief Officer-Governance to consult on an informal basis with the Chief Officer Operations, as representative of the Council as Roads authority, the Chief Constable, Police Scotland, and the Taxi and Private Hire Car Consultation Group regarding the suggestion for establishing new taxi ranks at Upperkirkgate and Guild Street and discuss the under use of the ranks at St Andrews Street and Dee  Street; and

(e)          instruct the Chief Officer-Governance, to discuss with the Taxi and Private Hire Car Consultation Group, measures which could encourage more of the licensed vehicle fleet to operate during unsocial hours and which would help to address limitations in provision during such hours.

The Committee resolved:

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

(ii)        instruct the Chief Officer-Governance to consult on an informal basis with the Chief Officer Operations, as representative of the Council as Roads and Planning authority, the Chief Constable, Police Scotland, the Taxi and Private Hire Car Consultation Group, and the Disability Equity Partnership regarding the suggestion for establishing new taxi ranks at Upperkirkgate and Guild Street and discuss the under use of the ranks at St Andrews Street and Dee Street.

With reference to Appendix A, article 3 of the minute of the meeting of the Licensing Committee of 6 February 2018, the Committee had before it a report by the Chief Officer – Governance which sought the Committee’s approval that that the current policy on medical standards applied by Aberdeen City Council to applicants for taxi and private hire car drivers’ licences, was fit for purpose.

The report recommended:-

that the Committee agree that the current policy on medical standards applied to applicants for taxi and private hire car drivers’ licences, namely DVLA Group 2 Medical Standards, was fit for purpose.

The Committee resolved:

to approve the recommendation.

- Councillor John Reynolds, Convener.

APPENDIX A

1.         Application for the Grant of a Taxi Driver's Licence

Application Reference 9/01

The Committee had before it (1) an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had to be determined by 1 September 2018; and (2) a letter of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 29 March 2018.

The applicant was not in attendance, however was represented by Mr Graham Murray, solicitor.

Mr Murray spoke in support of his client’s application.

Inspector Kenny McGeough was in attendance and spoke in support of Police Scotland’s letter of objection.

The Committee asked questions of Mr Murray and Inspector McGeough.

Inspector McGeough and Mr Murray both summed up.

The Committee resolved:

to refuse the application on the grounds that the applicant was not a fit and proper person.

2.         Application for the Renewal of a Taxi Driver's Licence

Application Reference 9/02

The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had to be determined by 1 October 2018 and to date a medical report from the Council’s Occupational Health provider confirming the applicant met the DVLA Group 2 standards had not been received.

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

The applicant was in attendance, accompanied by his wife, and spoke in support of his application.

The applicant did not take up the opportunity to sum up.

The Committee resolved:

to defer consideration of the application to allow a medical report from the Council’s new Occupational Health Provider to be received and to agree that should the applicant meet the Group 2 DVLA medical criteria, the Chief Officer - Governance could grant the application under delegated powers, or otherwise that the application be referred to a meeting of the Licensing Sub Committee for consideration.

3.         Application for the Renewal of a Taxi Driver's Licence

Application Reference 9/03

The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had to be determined by 29 September 2018 and to date a medical report Council’s Occupational Health provider confirming  ...  view the full minutes text for item 15.