Agenda item
APPLICATIONS FOR GRANT RENEWAL OR VARIATION OF LICENCES - LIST OF APPLICATIONS TO BE HEARD IN PRIVATE
Minutes:
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 be subject to the Council’s normal conditions unless otherwise stated.
- COUNCILLOR KIRSTY WEST, Convener.
APPENDIX A
1. APPLICATION FOR THE RENEWAL OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 6/001
Premises – 34 Erskine Street, Aberdeen
The Committee were advised that the application had been granted under delegated powers.
2. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 6/002
Premises – 52 Bedford Place, Aberdeen
Reference was made to item 22 of appendix A to the minute of the previous meeting of 14th September 2011.
The Committee was addressed by Mr Ally Thain in support of his updated report on the premises.
The Committee had before it a letter dated 2 November 2011 from the applicant in support of her application.
The Committee heard from Mr David Thomson, representing the applicant in support of the application.
The Committee resolved:-
to refuse the application.
3. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 6/003
Premises – 17 Ivory Court, Aberdeen
The Committee were advised that the application had been granted under delegated powers.
4. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 6/004
Premises – 23 Huntly Street, Aberdeen
The Committee were advised that the works on the premises and the certification requirements had not been met.
The Committee resolved:-
to defer consideration of the application until the works were completed, after which time officers could grant the application under delegated powers if appropriate.
5. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 6/005
Premises – 31 Auchinyell Road, Aberdeen
The Committee were advised that the works on the premises had not been completed and the required certificates had not been obtained.
The Committee resolved:-
to defer consideration of the application until the works were completed, after which time officers could grant the application under delegated powers if appropriate.
6. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 6/006
Premises – 7B Powis Place, Aberdeen
The Committee had before it a letter of objection and heard from the objector in its support.
The Committee then heard from the applicant’s agent Ms Nurriyat Bakare in support of the application.
The Committee resolved:-
to grant the application.
7. APPLICATION FOR THE RENEWAL OF A STREET TRADERS (GENERAL) LICENCE
Application Ref No. 6/007
Sites –(1) North Deeside Road, Cults
(2) Kingswells Community Centre Car Park
(3) School Road, Peterculter
(4) Fairview Road, Danestone
Days/Times -Tuesdays 08.00 to 14.00;
Thursdays 08.00 to 17.00;
Fridays 08.00 to 12.00 and 13.00 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; but
(ii) to permit the applicant to trade within 400 metres of the boundary of secondary schools.
8. APPLICATION FOR THE GRANT OF A STREET TRADERS (HOT FOOD) LICENCE
Application Ref No. 6/008
Sites – St Fitticks Road, North Side 100 Metres East of Balnagask Road
Days/Times - Mondays to Sundays 08.00 to 17.00
The Committee was provided with background information with regard to the application.
The Committee resolved:-
to grant the application.
9. APPLICATION FOR A TEMPORARY STREET TRADERS (HOT FOOD) LICENCE
Application Ref No. 6/009
Sites: Union Square, Outside Main Entrance
Days/Times – 7 Days a week, 09:00 to 21:00
The Committee was advised that the applicant must, provide a certificate of compliance from the food authority for his unit.
The Committee then heard from the applicant Mr Graham Whyte in support of his application.
The Committee resolved:-
(i) to defer consideration of the application; and
(ii) to grant delegated powers to officers to grant the application once the certificate of compliance had been obtained.
10. APPLICATION FOR THE RENEWAL OF A SECOND HAND DEALER’S LICENCE
Application Ref No. 6/010
Applicant – Murray Burnett Adam, Pittodrie Car Stadium
The Committee were advised that the application had been granted under delegated powers.
11. APPLICATION FOR THE GRANT OF A LATE HOURS CATERING LICENCE
Application Ref No. 6/011
Premises – MacDonalds Restaurant – Broadfold Road
Days/Times – (1) Sunday to Thursday, 23:00 to 00:00
(2) Friday and Saturday, 23:00 to 03:00
The Committee were advised that the trading hours sought on Fridays and Saturdays were outwith its guidelines for premises located beyond the city centre.
The Committee then heard from the applicant’s agent in support of the application.
The Committee resolved:-
to grant the application on condition that only “drive-through” trading is permitted on Fridays and Saturdays from 23:00 to 03:00.
12. APPLICATION FOR THE GRANT OF A LATE HOURS CATERING LICENCE
Application Ref No. 6/012
Premises – KFC Restaurant – 152 Union Street
Days/Times – Wednesday to Saturday, 23:00 to 02:00
The Committee had before it 8 letters of objection.
One of the objectors was present and spoke in support of his letter.
The Committee heard from the applicant’s representative, Mr Moore, in support of the application.
The Convener, seconded by Councillor Milne moved:-
“that the application be granted.”
Councillor Cormie, seconded by Councillor Cormack moved as an amendment:-
“that the application be refused on the ground of undue public nuisance.”
On a division, there voted:- for the motion (7) – the Convener and Councillors Allan, Milne, Crockett, MacGregor, Noble and Townson; for the amendment (5) Councillors Cormack, Cormie, Fletcher, Leslie and Robertson.
The Committee resolved:-
to adopt the motion and grant the application.
13. APPLICATION FOR THE GRANT OF A LATE HOURS CATERING LICENCE
Application Ref No. 6/013
Premises – Domino’s Pizza – Units 6 & 7 Kittybrewster Centre, Clifton Road
Days/Times- Friday and Saturday, 11:00 to 03:00
The Committee were advised that the trading hours sought were beyond the guidelines for premises located outwith the city centre.
The Committee heard from the applicant’s representative, Mr Robert Fenton, in support of the application.
The Committee resolved:-
to grant the application on condition that the premises is closed from 00:00 to 03:00, except for delivery service.
14. APPLICATION FOR THE RENEWAL OF A PUBLIC ENTERTAINMENT LICENCE
Application Ref No. 6/014
Premises – Milltimber Community Hall, The Meadows, Milltimber
Days/Times – 7 Days a week, 09:00 to 00:00
The Committee were advised that the application had been granted under delegated powers.
15. APPLICATION FOR THE GRANT OF A PUBLIC ENTERTAINMENT LICENCE
Application Ref No. 6/015
Premises – Pure NRG Fitness, Unit 1B, First Floor, Berryden Retail Park
Days/Times – (1) Monday to Friday, 06:00 to 22:00
(2) Saturday and Sunday, 08:00 to 20:00
The Committee heard Mr David Kidd, Team Leader, Enterprise, Planning and Infrastructureadvise that work on the premises was still ongoing, therefore an appropriate building standards completion certificate or a temporary occupation certificate could not be granted at this time.
The Committee were thereafter addressed by the applicant in support of the application.
The Committee resolved:-
to refuse the application.
16. APPLICATION FOR A THEATRE LICENCE
Application Ref No. 6/016
Premises – Aberdeen City Council - Greenbrae School
The Committee were advised that the application had been granted under delegated powers.
17. APPLICATION FOR A THEATRE LICENCE
Application Ref No. 6/017
Premises – Aberdeen City Council – Bucksburn Academy
The Committee heard Mr David Kidd, Team Leader, Enterprise, Planning and Infrastructureadvise that minor works on the premises were still ongoing, therefore an appropriate building standards certificate to occupy the premises could not be granted at this time.
The Committee then heard Mr Les Mackie, Project Officer, Enterprise, Planning and Infrastructureadvise that the minor works on the premises would be completed within two weeks.
The Committee resolved:-
to defer consideration of the application until the works on the premises were completed, after which time officers could grant the application under delegated powers.
18. APPLICATION FOR A THEATRE LICENCE
Application Ref No. 6/018
Premises – Aberdeen City Council – Harlaw Academy
The Committee were advised that the application had been granted under delegated powers.
19. APPLICATION FOR A THEATRE LICENCE
Application Ref No. 6/019
Premises – Aberdeen City Council – Northfield Academy
The Committee heard Mr David Kidd, Team Leader, Enterprise, Planning and Infrastructureadvise that minor works on the premises were still required, therefore an appropriate building standard certificate to occupy the premises could not be granted at this time.
The Committee then heard Mr Les Mackie, Project Officer, Enterprise, Planning and Infrastructureadvise that minor works on the premises would be completed in due course.
The Committee resolved:-
to defer consideration of the application until the works on the premises were completed, after which time officers could grant the application under delegated powers.
20. APPLICATION FOR A THEATRE LICENCE
Application Ref No. 6/020
Premises – Aberdeen City Council – Dyce Academy
The Committee were advised that the application had been granted under delegated powers.
21. APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE
Application Ref No. 3/021
Applicant – Connor Stuart Montgomery
The applicant failed to attend.
The Committee heard from Sergeant Keith Middler, Grampian Police who advised that the applicant had also failed to attend his appointments to undertake his Street Knowledge Test on two occasions.
The Committee resolved:-
to refuse the application.
APPENDIX B
1. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 9/001
Premises – Spring Cottage, 1½ South Crown Street
The Committee had before it a letter of objection and heard the objector and her legal representative speak in its support.
The Committee had tabled a letter dated 20th November 2011 submitted by the applicant in response to the letter of objection. Although the Committee agreed to consider the aforesaid letter, they were advised that for legal reasons, they should disregard the contents outlined at sections 10 to 14 of the letter.
The Committee then heard from the applicant in support of the application.
The Committee resolved:-
to defer consideration of the application until works on the premises were completed, after which time officers could grant the application under delegated powers if appropriate.
2. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/002
The Committee had before it a medical assessment of the applicant from the Council’s Occupational Health Service provider (Serco).
The Committee heard from the applicant in support of the application.
The Committee resolved:-
that the application be refused.
3. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/003
The Committee were advised that the applicant had failed to communicate with Licensing officers and had not attended appointments arranged with the Council’s Occupational Health Service provider (Serco) for a medical assessment.
The Committee resolved:-
that the application be refused.
4. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/004
The Committee had before it a medical assessment of the applicant from the Council’s Occupational Health Service provider (Serco).
The Committee heard from the applicant in support of the application.
The Committee resolved:-
That the application be granted on the condition that the applicant undertakes a further medical assessment with Serco in 12 months time.
5. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/005
The Committee were advised that the application had been granted under delegated powers.
6. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/006
The Committee had before it a medical assessment of the applicant from the Council’s Occupational Health Service provider (Serco).
The Committee heard from Mr Tommy Campbell, Unite Union, on behalf of the applicant in support of the application.
The Committee resolved:-
to grant the application for a period of six months.
7. APPLICATION FOR A TEMPORARY TAXI DRIVER’S LICENCE
Application Ref No. 9/007
The Committee were advised that the application had been granted under delegated powers.
8. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/008
The Committee had before it a medical assessment of the applicant from the Council’s Occupational Health Service provider (Serco).
The Committee heard the applicant in support of his application.
The Committee resolved:-
that the application be granted on condition that the applicant undertakes a further medical assessment with Serco in six months time.
9. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/009
The Committee had before it a medical assessment of the applicant from the Council’s Occupational Health Service provider (Serco).
The Committee heard the applicant in support of his application.
The Committee resolved:-
to defer consideration of the application and await the outcome of a further medical assessment, after which time officers could grant the application under delegated powers if appropriate or submit the application to a Special Licensing Committee meeting in January 2012 for consideration.
DECLARATION OF INTEREST
Councillor Fletcher declared an interest in the subject matter of the following item of business due to him using the services provided by the applicant. Councillor Fletcher left the meeting during consideration thereof.
10. APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/010
The Committee had before it a letter of objection dated 3rd October 2011 from Grampian Police and heard Sergeant Keith Middler, speak in its support.
The Committee heard from Mr Budge, Solicitor, on behalf of the applicant in support of the application.
Councillor Cormie, seconded by the Convener moved:-
“that the application be granted for a period of six months, subject to a successful medical assessment being undertaken by the Council’s Occupational Health Service provider.”
Councillor Robertson, seconded by Councillor MacGregor moved as an amendment:-
“that the application be refused on the grounds that the applicant is not a fit and proper person.”
On a division, there voted:- for the motion (5) – the Convener and Councillors Cormie, Leslie, Noble and Townson; for the amendment (5) Councillors Allan, Crockett, Cormack, MacGregor and Robertson.
There being an equality of votes, the Convener exercised her casting vote in favour of the motion and declared it carried.
The Committee resolved:-
to adopt the motion and grant the application for a period of six months, subject to a successful medical assessment being undertaken by the Council’s Occupational Health Service provider.”
11. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/011
The Committee were advised that a letter of observation by the Chief Constable had been submitted outwith the statutory time period.
The applicant indicated that he had no objection to the letter being admitted and therefore the Committee agreed to accept the letter for consideration.
The Committee heard form Sergeant Keith Middler, Grampian Police in support of the said letter.
The Committee then heard from the applicant in support of his application.
The Committee resolved:-
to grant the application.
12. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/012
The Committee had before it a letter of objection dated 7th November 2011 from the Chief Constable, Grampian Police and heard Sergeant Keith Middler speak in its support.
The Committee then heard the applicant in support of the application.
Councillor Allan, seconded by Councillor Cormie moved:-
“that the application be granted for a period of six months.”
Councillor Townson, seconded by Councillor Fletcher moved as an amendment:-
“that the application be refused on the ground that the applicant is not a fit and proper person.”
On a division, there voted:- for the motion (5) – Councillors Allan, Cormie, Leslie, Noble and Robertson; for the amendment (6) the Convener and Councillors Crockett, Cormack, Fletcher, MacGregor and Townson.
The Committee resolved:-
to adopt the amendment and refuse the application.
13. APPLICATION TO HOLD A PUBLIC CHARITABLE COLLECTION
Application Ref No. 9/013
The applicant failed to appear.
Sergeant Keith Middler, Grampian Police, sought the Committee’s approval to introduce details of the applicant’s spent convictions because he was of the opinion that due to the class of offences and the seriousness of the convictions justice could not be done without the without the Committee admitting and considering the convictions.
The Committee considered Sergeant Middler’s request and was satisfied that there was no other way of doing justice and therefore agreed to the request.
Thereafter the Committee had before it a letter of objection dated 27th October, 2011 from the Chief Constable, Grampian Police and heard Sergeant Middler in its support.
The Committee resolved:-
to refuse the application.
14. APPLICATION FOR THE GRANT OF A SECOND HAND DEALERS LICENCE
Application Ref No. 9/014
The Committee were advised that Grampian Police had withdrawn their letter of objection and therefore the application had been granted under delegated powers.