Minutes:
The Committee had before it, for its consideration, the applications listed in Appendix B to this minute.
The Convener sought approval from the Committee to consider item 5.6 relating to the application for the renewal of a Taxi Driver Licence at an earlier stage on the agenda (item 1 of Appendix B to this minute refers).
The Committee resolved:-
(i) to agree to the Convener’s request; and
(ii) that all applications be determined on the basis shown in Appendix B and that all licences be subject to the Council’s normal conditions unless otherwise stated.
- COUNCILLOR KIRSTY WEST, Convener.
APPENDIX A
DECLARATIONS OF INTEREST
Councillors Allan and Townson declared an interest in the subject matter of the following item of business for the reason that they both know an objector to the application. They left the meeting during consideration thereof.
1. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 3/002
Premises – 24 Sunnyside Avenue, Aberdeen
The Committee were advised that three letters of objection had been submitted in relation to the application.
The Committee heard from one of the objectors and from a representative of another objector.
The Committee heard from the applicant Mrs. Georgia Kassab in support of her application.
Councillor Donnelly, seconded by the Convener moved:-
“that the application be granted under delegated powers for a maximum occupancy of seven persons subject to the works on the premises being completed.”
Councillor John Stewart, seconded by Councillor Collie moved as an amendment:-
“that the application be granted under delegated powers for a maximum occupancy of five persons subject to the works on the premises being completed.”
On a division, there voted:- for the motion (3) – the Convener; and Councillors Cormie and Donnelly; for the amendment (8) – Councillors Boulton, Collie, Cormack, Farquharson, Leslie, Noble, John Stewart and Yuill.
The Committee resolved:-
to adopt the amendment.
2. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 3/003
Premises – 118 Union Grove, Aberdeen
The Committee were advised that five letters of objection had been submitted in relation to the application.
The Committee heard from two objectors.
The Committee heard from the applicant Mrs. Jane Guthrie in support of the application.
The Committee resolved:-
to agree that officers could grant the application under delegated powers subject to the completion of the works on the premises.
3. APPLICATION FOR THE RENEWAL OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 3/004
Premises – 10 Sunnyside Avenue, Aberdeen
The Committee were advised that one letter of objection had been submitted in relation to the application.
The Committee heard from Mr. Richard Thomson, Thomson Properties representing the applicant in support of the application.
The Committee resolved:-
to agree that officers could grant an application for renewal under delegated powers subject to the completion of the works on the premises.
4. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 3/005
Premises – 48 Elmbank Terrace, Aberdeen
The Committee were advised that one letter of objection had been submitted in relation to the application.
The Committee heard from the applicant, Mr. Andrew Buchan in support of his application.
The Committee resolved:-
to grant the application.
5. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 3/006
Premises – 10 Orchard Road, Aberdeen
The Committee were advised that one letter of objection had been received but it was submitted outwith the 28 day statutory period. It was therefore for the Committee to decide whether to accept the letter of objection based on the explanation given by the objector for the late submission and to also consider the response from the applicant in this regard.
The Committee heard from the objector who indicated that he had submitted the letter in good time at the St. Nicholas House reception desk, however, he was advised that the Mail Room was transferring to Marischal College that day which may have resulted in the submission delay.
The Committee then heard from the applicant, Mrs. Maura Robertson, Laserase (Scotland) Limited on the reason why the letter of objection should not be accepted for consideration, specifically as a result that the letter was not submitted in good time.
The Committee agreed to accept the letter of objection for consideration.
The Committee heard from Mr. Clark in relation to his letter of objection.
The Committee then heard from Mrs. Maura Robertson, in support of the application.
The Committee resolved:-
to agree that officers could grant the application under delegated powers subject to the completion of the works on the premises.
6. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 3/007
Premises – 38 Elmfield Terrace, Aberdeen
The Committee were advised that the application was before the Committee today as a letter of representation had been submitted, however, this letter had recently been withdrawn.
The Committee resolved:-
to agree that officers could grant the application under delegated powers subject to the completion of the works on the premises.
7. APPLICATION FOR THE GRANT OF A SECOND HAND DEALERS LICENCE
Application Ref No. 3/008
Applicant – Adil Ozkapici
The Committee were advised that the application had been granted under delegated powers.
8. APPLICATION FOR THE RENEWAL OF A STREET TRADERS (GENERAL) LICENCE
Application Ref No. 3/009
Sites – (1) Stockethill, Danestone, Ferryhill and Bridge of Don
(2) Pitmedden, Dyce, Kingswells and Milltimber
Days/Times – (1) Tuesday, 08:00 to 18:00
(2) Wednesday, 08:00 to 18:00
The Committee were reminded of the recent changes to its standard conditions applicable to Street Trader’s Licences and in particular the addition of the following condition: “subject to the explicit consent in writing from the Licensing Authority, no street trader shall engage in the hawking, selling or offering or exposing for sale any type of food and/or drinks within a four hundred (400) metres radius of a secondary school at any time. Without prejudice to any statutory rights that the licence holder may have, the Council shall be the ultimate arbiter in determining what may constitute the outer boundary of a school for this purpose”.
The Committee resolved:-
(i) to grant the application subject to its standard conditions; but
(ii) to allow the applicant to trade within 400 metres of the boundary of secondary schools.
9. APPLICATION FOR THE RENEWAL OF A STREET TRADERS (ICE CREAM) LICENCE
Application Ref No. 3/010
Sites – Zones 1, 2, 6 and 7
Days/Times – Monday to Sunday, 12:00 to 22:00
The Committee were reminded of the recent changes to its standard conditions applicable to Street Trader’s Licences and in particular the addition of the following condition: “subject to the explicit consent in writing from the Licensing Authority, no street trader shall engage in the hawking, selling or offering or exposing for sale any type of food and/or drinks within a four hundred (400) metres radius of a secondary school at any time. Without prejudice to any statutory rights that the licence holder may have, the Council shall be the ultimate arbiter in determining what may constitute the outer boundary of a school for this purpose”.
The Committee resolved:-
(i) to grant the application subject to its updated standard conditions; and
(ii) to note that it would not be permissible for the applicant to trade within 400 metres of the secondary school.
10. APPLICATION FOR THE RENEWAL OF A STREET TRADERS (HOT FOOD) LICENCE
Application Ref No. 3/011
Sites – (1) Bedford Avenue – Junction with St. Machar Drive
(2) Gardiner Drive at entrance to shops
(3) Oldcroft Place across from shop
(4) Stance at Links Golf Course
Days/Times – Monday to Sunday, 08:00 to 19:00
The Committee heard Eric Anderson, Senior Solicitor, Licensing, advise that the applicant had failed to provide a certificate by the food authority stating that the applicant’s van complies with the appropriate requirements.
The Committee resolved:-
to refuse the renewal application.
11. APPLICATION FOR THE RENEWAL OF A STREET TRADERS (ICE CREAM) LICENCE
Application Ref No. 3/012
Sites – Zones 1 and 4
Days/Times – Monday to Sunday, 10:00 to 22:00
The Committee were reminded of the recent changes to its standard conditions applicable to Street Trader’s Licences and in particular the addition of the following condition: “subject to the explicit consent in writing from the Licensing Authority, no street trader shall engage in the hawking, selling or offering or exposing for sale any type of food and/or drinks within a four hundred (400) metres radius of a secondary school at any time. Without prejudice to any statutory rights that the licence holder may have, the Council shall be the ultimate arbiter in determining what may constitute the outer boundary of a school for this purpose”.
The Committee resolved:-
(i) to grant the application subject to its standard conditions; and
(ii) to note that it would not be permissible for the applicant to trade within 400 metres of the secondary school.
12. APPLICATION FOR THE RENEWAL OF A STREET TRADERS EMPLOYEE (ICE-CREAM) LICENCE
Application Ref No. 3/013
Sites – Zones 1 and 4
Days/Times – Monday to Sunday, 10:00 to 22:00
The Committee were reminded of the recent changes to its standard conditions applicable to Street Trader’s Licences and in particular the addition of the following condition: “subject to the explicit consent in writing from the Licensing Authority, no street trader shall engage in the hawking, selling or offering or exposing for sale any type of food and/or drinks within a four hundred (400) metres radius of a secondary school at any time. Without prejudice to any statutory rights that the licence holder may have, the Council shall be the ultimate arbiter in determining what may constitute the outer boundary of a school for this purpose”.
The Committee resolved:-
(i) to grant the application subject to its updated conditions; and
(ii) to note that it would not be permissible for the applicant to trade within 400 metres of the secondary school.
13. APPLICATION FOR THE RENEWAL OF A STREET TRADERS (ICE-CREAM) LICENCE
Application Ref No. 3/014
Sites – Zones 1, 2 and 6
Days/Times – Monday to Sunday, 10:00 to 22:00
The Committee were reminded of the recent changes to its standard conditions applicable to Street Trader’s Licences and in particular the addition of the following condition: “subject to the explicit consent in writing from the Licensing Authority, no street trader shall engage in the hawking, selling or offering or exposing for sale any type of food and/or drinks within a four hundred (400) metres radius of a secondary school at any time. Without prejudice to any statutory rights that the licence holder may have, the Council shall be the ultimate arbiter in determining what may constitute the outer boundary of a school for this purpose”.
The Committee heard from the applicant Alexander Thomas Jack in support of his application.
The Committee resolved:-
(i) to grant the application subject to its standard conditions; and
(ii) to note that it would not be permissible for the applicant to trade within 400 metres of the secondary school.
14. APPLICATION FOR THE RENEWAL OF A STREET TRADERS (ICE-CREAM) LICENCE
Application Ref No. 3/015
Sites – Zones 1 and 2
Days/Times – Monday to Sunday, 11:00 to 23:00
The Committee were reminded of the recent changes to its standard conditions applicable to Street Trader’s Licences and in particular the addition of the following condition: “subject to the explicit consent in writing from the Licensing Authority, no street trader shall engage in the hawking, selling or offering or exposing for sale any type of food and/or drinks within a four hundred (400) metres radius of a secondary school at any time. Without prejudice to any statutory rights that the licence holder may have, the Council shall be the ultimate arbiter in determining what may constitute the outer boundary of a school for this purpose”.
The Committee resolved:-
(i) to grant the application subject to its standard conditions; and
(ii) to note that it would not be permissible for the applicant to trade within 400 metres of the secondary school.
15. APPLICATION FOR THE RENEWAL OF A STREET TRADERS (GENERAL) LICENCE
Application Ref No. 3/016
Sites – (1) Tullos
(2) Altens
(3) Woodend
Days/Times – (1) Monday to Saturday, 07:00 to 10:30
(2) Monday to Saturday, 10:30 to 13:30
(3) Tuesday to Friday, 14:00 to 15:00
The Committee were reminded of the recent changes to its standard conditions applicable to Street Trader’s Licences and in particular the addition of the following condition: “subject to the explicit consent in writing from the Licensing Authority, no street trader shall engage in the hawking, selling or offering or exposing for sale any type of food and/or drinks within a four hundred (400) metres radius of a secondary school at any time. Without prejudice to any statutory rights that the licence holder may have, the Council shall be the ultimate arbiter in determining what may constitute the outer boundary of a school for this purpose”.
The Committee resolved:-
(i) to grant the application subject to its updated conditions; and
(ii) to note that it would not be permissible for the applicant to trade within 400 metres of the secondary school.
16. APPLICATION FOR THE RENEWAL OF A STREET TRADERS (GENERAL) LICENCE
Application Ref No. 3/017
Sites – (1) Tullos
(2) Altens
(3) Woodend
Days/Times – (1) Monday to Saturday, 07:00 to 10:30
(2) Monday to Saturday, 10:30 to 13:30
(3) Tuesday to Friday, 14:00 to 15:00
The Committee were reminded of the recent changes to its standard conditions applicable to Street Trader’s Licences and in particular the addition of the following condition: “subject to the explicit consent in writing from the Licensing Authority, no street trader shall engage in the hawking, selling or offering or exposing for sale any type of food and/or drinks within a four hundred (400) metres radius of a secondary school at any time. Without prejudice to any statutory rights that the licence holder may have, the Council shall be the ultimate arbiter in determining what may constitute the outer boundary of a school for this purpose”.
The Committee resolved:-
(i) to grant the application subject to its standard conditions; and
(ii) to note that it would not be permissible for the applicant to trade within 400 metres of the secondary school.
17. APPLICATION FOR THE RENEWAL OF A STREET TRADERS (HOT FOOD) LICENCE
Application Ref No. 3/018
Sites – South Esplanade East, 205 metres east of Victoria Road
Days/Times – Monday to Friday, 07:00 to 14:00
The Committee heard Eric Anderson, Senior Solicitor, Licensing, advise that the applicant had failed to provide a certificate by the food authority stating that the applicant’s van complies with the appropriate requirement.
The Committee resolved:-
to refuse the renewal application.
18. APPLICATION FOR THE RENEWAL OF A STREET TRADERS (ICE CREAM) LICENCE
Application Ref No. 3/019
Sites – Zones 5, 6 and 7
Days/Times – Monday to Sunday, 12:30 to 20:00
The Committee were reminded of the recent changes to its standard conditions applicable to Street Trader’s Licences and in particular the addition of the following condition: “subject to the explicit consent in writing from the Licensing Authority, no street trader shall engage in the hawking, selling or offering or exposing for sale any type of food and/or drinks within a four hundred (400) metres radius of a secondary school at any time. Without prejudice to any statutory rights that the licence holder may have, the Council shall be the ultimate arbiter in determining what may constitute the outer boundary of a school for this purpose”.
The Committee resolved:-
(i) to grant the application subject to its standard conditions; and
(ii) to note that it would not be permissible for the applicant to trade within 400 metres of the secondary school.
19. APPLICATION FOR THE RENEWAL OF A STREET TRADERS (GENERAL) LICENCE
Application Ref No. 3/020
Sites – All Zones except Zone 9
Days/Times – Monday to Sunday, 09:00 to 17:30
The Committee were reminded of the recent changes to its standard conditions applicable to Street Trader’s Licences and in particular the addition of the following condition: “subject to the explicit consent in writing from the Licensing Authority, no street trader shall engage in the hawking, selling or offering or exposing for sale any type of food and/or drinks within a four hundred (400) metres radius of a secondary school at any time. Without prejudice to any statutory rights that the licence holder may have, the Council shall be the ultimate arbiter in determining what may constitute the outer boundary of a school for this purpose”.
The Committee resolved:-
(i) to grant the application subject to its standard conditions; but
(ii) to allow the applicant to trade within 400 metres of the boundary of secondary schools.
20. APPLICATION FOR THE GRANT OF A LATE HOURS CATERING LICENCE
Application Ref No. 3/021
Premises – Kordoba Takeaway, 311 George Street, Aberdeen
Days/Times – Sunday to Thursday, 23:00 to 00:00
Friday and Saturday, 23:00 to 01:00
The Committee were advised that the application was before it because the hours the applicant was seeking to trade were outwith the guidelines for premises located outwith the city centre.
The Committee resolved:-
to grant the application subject to the terminal hour being amended to 00:00.
21. APPLICATION FOR THE RENEWAL OF A LATE HOURS CATERING LICENCE
Application Ref No. 3/022
Premises – Pizza Home Delivery, Unit 8, 50 Cotton Street, Aberdeen
Days/Times – Monday to Sunday, 23:00 to 01:00
The Committee were advised that the application had been withdrawn.
DECLARATION OF INTEREST
Councillor John Stewart declared an interest in the subject matter of the following item of business for the reason that the applicants representative had reported him to the Commissioner of Ethical Standards. Councillor John Stewart left the meeting during consideration thereof.
22. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 3/001
Premises – 52 Bedford Place, Aberdeen
Mr. David Thomson, representing the applicant, requested that the application be considered in private. The Committee declined the request as no suitable reason was given by Mr. Thomson in support of his request, specifically that the information considered or discussed would not be exempt in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973.
Mr. Thomson informed the Committee that he had submitted a complaint to the Commissioner of Ethical Standards against certain members of the committee and requested that the application be deferred for a period of six months.
The Committee were advised that the application had been received on 14th February, 2011, therefore in terms of the Civic Government (Scotland) Act 1982, a decision must be determined by the Committee due to statutory requirements which was within the six month period to allow the Commissioner to reach a decision.
The Committee resolved:-
to defer consideration of the application until the next meeting of the Committee.
APPENDIX B
1. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER LICENCE
Application Ref No. 5/006
The Committee heard from Sergeant Keith Middler, Grampian Police, who referred to the Chief Constable’s letter of observation dated 18th July, 2011.
The Committee heard from Mrs. Hayley Mitchell, Solicitor, on behalf of the applicant, in support of the application.
Councillor Donnelly, seconded by Councillor Collie moved:-
“that the application be granted for a period of one year.”
Councillor John Stewart, seconded by Councillor Yuill moved as an amendment:-
“that the application be refused on the grounds that the applicant was not a fit and proper person to hold a licence.”
On a division, there voted:- for the motion (9) – the Convener and Councillors Collie, Cormie, Dean, Donnelly, Farquharson, Leslie, Noble and Townson; for the amendment (5) – Councillors Boulton, Cormack, MacGregor, John Stewart and Yuill.
The Committee resolved:-
to adopt the motion and to grant the application for a one year period.
2. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER LICENCE
Application Ref No. 5/002
The Committee was advised that the application was before it because the applicant had disclosed a medical condition and been referred to the Council’s Occupational Health Service provider to see if he met required medical standard to undertake his duties as a taxi driver. Serco had been unable to confirm that he is fit, but this is the last meeting which the application could be considered.
Officers tabled a further letter from Serco Occupational Health dated 5th September 2011.
The Committee heard from Eric Anderson, Senior Solicitor, Licensing, who outlined the options available for the Committee to consider.
The Committee heard from the applicant in support of the application.
The Committee resolved:-
(i) that the application be granted for a period of six months to await further information from SERCO in relation to the applicant’s health; and
(ii) to agree to waive the renewal fee, if the applicant reapplies at the end of the six month period.
3. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER LICENCE
Application Ref No. 5/003
The Committee were advised that the application had been granted under delegated powers.
4. APPLICATION FOR THE GRANT OF A TAXI DRIVER LICENCE
Application Ref No. 5/004
The Committee heard from Sergeant Keith Middler, Grampian Police, who referred to the Chief Constable’s letter of observation dated 14th June, 2011.
The Committee heard from the applicant in support of the application.
The Committee resolved:-
to agree that officers could grant the application under delegated powers subject to the applicant passing his taxi tests.
5. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER LICENCE
Application Ref No. 5/005
The Committee heard from Sergeant Keith Middler, Grampian Police, who referred to the Chief Constable’s letter of objection dated 20th June, 2011.
The Committee resolved:-
to refuse the application on the grounds that the applicant was not a fit and proper person.
6. APPLICATION FOR THE GRANT OF A TAXI DRIVER LICENCE
Application Ref No. 5/007
Sergeant Keith Middler, Grampian Police, sought the Committee’s approval to introduce details of the applicant’s spent convictions as it was felt that the nature of the convictions should be considered by the Committee.
The Committee agreed to the request.
The Committee heard from Sergeant Keith Middler who referred to the Chief Constable’s letter of observation dated 22nd July, 2011 and the schedule of previous convictions.
The Committee heard from the applicant in support of the application.
The Committee resolved:-
to grant the application for a period of one year.
7. APPLICATION FOR A TEMPORARY TAXI DRIVER LICENCE
Application Ref No. 5/008
The Committee heard from Sergeant Keith Middler, Grampian Police, who referred to the Chief Constable’s letter of observation dated 30th August, 2011.
The Committee heard from the applicant in support of the application.
The Committee resolved:-
to refuse the application on the grounds that the applicant was not a fit and proper person.
DECLARATION OF INTEREST
Councillor Cormack declared an interest in the subject matter of the following item of business due to her using the services provided by the applicant. Councillor Cormack left the meeting during consideration thereof.
8. APPLICATION FOR THE GRANT OF A WINDOW CLEANERS LICENCE
Application Ref No. 5/009
The Committee heard from Sergeant Barry Skinner, Grampian Police, who referred to the Chief Constable’s letter of objection dated 15th May, 2011.
The Committee heard from both directors in support of the application.
Councillor Donnelly, seconded by Councillor Townson moved:-
“to grant the application.”
Councillor Dean, seconded by Councillor MacGregor moved as an amendment:-
“to refuse the application on the grounds that the applicant was not a fit and proper person to hold a licence.”
On a division, there voted:- for the motion (5) – Councillors Cormie, Donnelly, Noble, John Stewart and Townson; for the amendment (7) – the Convener and Councillors Boulton, Dean, Farquharson, Leslie, MacGregor and Yuill.
The Committee resolved:-
to adopt the amendment and refuse the application.
9. REQUEST FOR PERMISSION TO SUBSTITUTE A SALOON CAR ONTO A TAXI OPERATOR’S LICENCE – STANLEY BEATTIE
Application Ref No. 5/010
The Committee had before it two letters, one submitted by the applicant dated 2nd August, 2011 requesting permission to substitute a saloon car onto a Taxi Operator’s Licence and the other from the applicant’s GP, dated 22nd August, 2011 providing details relating to the applicant’s medical condition.
The Committee heard from Eric Anderson, Senior Solicitor, Licensing, who provided details in relation to the Council’s Wheelchair Accessible Taxi policy.
The Committee heard from the applicant in support of his request.
Councillor John Stewart, seconded by Councillor Dean moved:-
“to grant the request.”
The Convener, seconded by Councillor Cormie moved as an amendment:-
“to refuse the request in terms of the Council’s Wheelchair Accessible Taxi policy.”
On a division, there voted:- for the motion (11) – Councillors Boulton, Cormack, Dean, Donnelly, Farquharson, Leslie, MacGregor, Noble, John Stewart, Townson and Yuill; for the amendment (2) – the Convener and Councillor Cormie.
The Committee resolved:-
to adopt the motion and grant the request.