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 GRANT OF A MARKET OPERATOR’S LICENCE
Application Ref No. 4/001
Applicant – Continental Market Limited
Sites – Union Terrace, Aberdeen
Dates/Times – Various dates in 2012 to 2014, 09:00 to 18.00
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 representative Mr Ali Yaich in support of the application.
Councillor Boulton, seconded by Councillor Donnelly moved:-
“that the application be granted.”
Councillor Cormie, seconded by Councillor Hunter moved as an amendment:-
“that the application be refused in terms of Paragraph 5(3)(d) of Schedule 1 to the Civic Government (Scotland) Act 1982 (there is other good reason for refusing the application) on the grounds that there is already a contract in effect for the operation of a Continental Market in the City Centre and further markets would be detrimental to local businesses.”
On a division, there voted:- for the motion (8) – the Convener and Councillors Boulton, Collie, Donnelly, Leslie, Noble, Robertson and Townson; for the amendment (4) Councillors Allan, Cormie, Hunter and MacGregor.
The Committee resolved:-
to adopt the motion and grant the application.
2. APPLICATION FOR THE RENEWAL OF A STREET TRADER (HOT FOOD) LICENCE
Application Ref No. 4/002
Sites – (1) St Machar Road, where double yellow lines end on right side when entering St Machar Road
(2) Ardarroch Road, 75 metres north of Pittodrie Street
(3) Beach Esplanade, east side 101 metres south of Wellington Street
Dates/Times – (1) Monday to Saturday, 07:00 to 15:00
(2) Football match days only, 07:00 to 22:00
(3) Monday to Sunday, 08:00 to 20:00
The Committee were advised that the application had been withdrawn.
3. APPLICATION FOR THE RENEWAL OF A STREET TRADER (ICE CREAM) LICENCE
Application Ref No. 4/003
Sites – Zones 1 and 2
Dates/Times – Monday to Sunday, 10:30 to 22:30
The Committee were reminded of the recent changes to the 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 agreed to consider a letter prepared by the applicant Mr Michael Cordiner and then heard from him in support of his application.
Councillor Hunter, seconded by Councillor Townson moved:-
“that the application be granted.”
The Convener moved as an amendment:-
“that the application be refused.”
The Convener’s motion was not seconded, and so fell in terms of standing order 12(7).
Councillor Boulton, seconded by Councillor Noble moved as a further amendment:-
“that the application be deferred until the next meeting and that officers submit a report to that meeting to review the current 400m trading policy referred to above.”
On a division, there voted:- for the motion (9) – Councillors Allan, Collie, Cormie, Donnelly, Hunter, Leslie, MacGregor, Robertson and Townson; for the amendment (2) Councillors Boulton and Noble; declined to vote (1) the Convener.
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.
4. APPLICATION FOR THE VARIATION OF A STREET TRADER (HOT FOOD) LICENCE
Application Ref No. 4/004
Sites – Wellington Road at Charlestown, 70 metres south of the A956 dual carriageway
Dates/Times – (1) Monday to Friday, 06:30 to 14:30; and
(2) Saturday, 07:00 to 12:00
The Committee agreed to have circulated for consideration, correspondence from Andrew Smith, Traffic Engineering Manager, Enterprise, Planning and Infrastructure. The applicant failed to appear.
The Committee resolved:-
to refuse the application.
5. APPLICATION FOR THE GRANT OF A SECOND HAND DEALER’S LICENCE
Application Ref No. 4/005
Applicant – Mayreddy Manmohan
The Committee were advised that the application had been granted under delegated powers.
6. APPLICATION FOR THE VARIATION OF A LATE HOURS CATERING LICENCE
Application Ref No. 4/006
Premises – Burger King Limited – Wellington Circle, Altens
Days/Times – Monday to Sunday, 23:00 to 05:00
The Convener sought the Committee’s approval to defer the application as the applicant was not in attendance.
The Committee resolved:-
to defer consideration of the application.
7. APPLICATION FOR THE VARIATION OF A LATE HOURS CATERING LICENCE
Application Ref No. 4/007
Premises – Burger King Limited – Unit 8, Queens Links Leisure Park
Days/Times – Monday to Sunday, 23:00 to 05:00
The Convener sought the Committee’s approval to defer the application as the applicant was not in attendance.
The Committee resolved:-
to defer consideration of the application.
8. APPLICATION FOR THE VARIATION OF A LATE HOURS CATERING LICENCE
Application Ref No. 4/008
Premises – Burger King Limited – 221-229 Union Street
Days/Times – Monday to Sunday, 23:00 to 05:00
The Convener sought the Committee’s approval to defer the application as the applicant was not in attendance.
The Committee resolved:-
to defer consideration of the application.
APPENDIX B
1. APPLICATION FOR PRIVATE LANDLORD REGISTRATION
Application Ref No. 7/001
The Committee heard from Mr Ally Thain, Private Sector Housing Manager, Housing and Environment who referred to his letter, dated 5 January 2012.
The Committee then heard from the applicant in support of the application.
The Committee resolved:-
to grant the application.
2. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 7/002
The Committee had before it a report from its medical adviser, Serco, dated 24 October 2011.
The Committee heard from the applicant in support of the application.
The Committee resolved:-
(i) to grant the application but to suspend the licence with immediate effect; and
(ii) in the event of receiving a favourable future report from Serco to refer the matter to its Informal Business Panel to consider the recall of the suspension.
3. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 7/003
The Committee had before it a report from its medical adviser, Serco, dated 29 November 2011.
The Committee heard from Mr Tommy Campbell, Unite Union, on behalf of the applicant and also from the applicant.
The Committee resolved:-
to defer consideration of the application till its next meeting on 21 February 2012 and in the interim await further medical assessments to be provided by the applicant.
4. APPLICATION FOR THE GRANT OF A STREET TRADERS (HOT FOOD) LICENCE
Application Ref No. 7/004
The Committee had before it a letter of objection from the Chief Constable, Grampian Police, dated 25 November, 2011.
As a preliminary point, Inspector Soutar, Grampian Police, addressed the Committee on the admission of the applicant’s spent convictions on the basis that justice could not be done without the Committee admitting and considering the convictions.
The applicant’s representative Mr Steven Reynolds indicated that the applicant had no objection to the spent convictions being admitted.
The Committee considered Inspector Soutar’s request and the applicant’s response and it was satisfied that there was no other way of doing justice and therefore agreed to the request.
Thereafter, the Committee also had before it a schedule of the applicant’s convictions provided by the Chief Constable, Grampian Police and dated 25 November, 2011. The Committee then heard from Inspector Soutar in support of the Chief Constable’s objection and thereafter heard from the applicant’s representative in support of the application.
The Convener, seconded by Councillor Townson moved:-
“that the application be refused on the grounds that the applicant is not a fit and proper person to hold a licence.”
Councillor Hunter, seconded by Councillor Allan moved as an amendment:-
“that the application be granted.”
On a division, there voted:- for the motion (9) – Councillors Allan, Boulton, Cormie, Donnelly, Hunter, Leslie, MacGregor, Noble, and Robertson; for the amendment (2) the Convener and Councillor Townson.
The Committee resolved:-
to grant the application subject to the applicant obtaining the required Food Safety, Certificate of Compliance
5. APPLICATION FOR THE GRANT OF A WINDOW CLEANER’S LICENCE
Application Ref No. 7/005
The Committee had before it a letter of objection from the Chief Constable, Grampian Police, dated 24 October, 2011. The letter queried the competency of the application and the Committee heard from Inspector Soutar in its support.
Having received legal advice the Committee noted the objection but thereafter agreed to consider the application.
The Committee heard from the applicant and his representative in support of the application.
The Committee resolved:-
to grant the application.
6. APPLICATION FOR THE GRANT OF A WINDOW CLEANER’S LICENCE
Application Ref No. 7/006
The Committee had before it a letter of objection from the Chief Constable, Grampian Police, dated 24 October, 2011. The letter queried the competency of the application and the Committee heard from Inspector Soutar in its support.
Having received legal advice the Committee noted the objection but thereafter agreed to consider the application.
The Committee heard from the applicant and his representative in support of the application.
The Committee resolved:-
to grant the application.
7. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 7/007
The Committee had before it a letter of representation, from the Chief Constable, Grampian Police, dated 14 November 2011, and heard from Sergeant Middler in its support.
The Committee heard from Mr Tommy Campbell, Unite Union, on behalf of the applicant and also from the applicant.
The Committee resolved:-
to grant the application.
8. APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE
Application Ref No. 7/008
The Committee had before it a letter of objection from the Chief Constable, Grampian Police, dated 10 November 2011 and heard from Sergeant Middler in its support.
The Committee heard the applicant in support of the application.
The Committee resolved:-
to refuse the application.