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 BLACKMAN, Convener.
1. APPLICATION FOR THE VARIATION OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/001
Premises – 24 Sunnyside Avenue
With reference to Item 1 of Appendix A of the minute of meeting of 14 September 2011, Ally Thain, Private Sector Housing Manager advised that the applicant had applied to vary the existing Licence for a House in Multiple Occupation by increasing the occupancy in the premises from 5 to 7 tenants.
The Committee heard from Mr Steven Guild, Solicitor representing the applicant in support of the application who sought approval to circulate an extract from the Housing (Scotland) Act 2006 (Sec 131), a copy of the planning permission granted by Aberdeen City Council for developments to the property and a copy of correspondence from Enterprise, Planning and Infrastructure (Roads Projects). The Committee agreed to the request to circulate the information.
The Committee resolved:-
to grant the application to vary the Licence
2. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/002
Premises – 162 Morrison Drive
The Committee had before it one letter of representation.
Ally Thain, Private Sector Housing Manager advised that works on the premises had still to be completed, although this was not the reason it was before the Committee today.
The respondent was not present.
The Committee heard from the applicant’s agent Mrs Linda Cross in support of the application.
The Committee resolved:-
to defer consideration of the application until the works on the property were completed, after which time officers could grant the application under delegated powers.
3. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/003
Premises – 24 Pitmedden Road
The Committee had before it one letter of representation.
Ally Thain, Private Sector Housing Manager advised that works on the premises had still to be completed, although this was not the reason it was before the Committee today.
The Committee heard from the respondents.
The Committee then heard from the applicants Mr David Montgomery, and Mrs Hilary Montgomery in support of the application.
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.
4. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/004
Premises – 28 Pitmedden Road
The Committee had before it one letter of representation.
Ally Thain, Private Sector Housing Manager advised that works on the premises had still to be completed, although this was not the reason it was before the Committee today.
The Committee heard from the respondents.
The Committee then heard from the applicants Mr David Montgomery and Mrs Hilary Montgomery in support of the application.
The Committee resolved:-
to defer consideration of the application to allow the applicants to liaise with the respondents and to undertake remedial works on the floorboards within the property to reduce footfall noise.
5. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/005
Premises – 92C Bedford Place
The Committee had before it two letters of representation. It was noted that both letters were relating to a neighbouring property.
The Committee heard Ally Thain, Private Sector Housing Manager advise that works on the property for which the application refers had still to be completed, although this was not the reason it was before the Committee today.
The Committee then heard from the applicant’s agent, Mrs Barbara Ellis in support of the application.
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 A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/006
Premises – 17 Morrison Drive
The Committee had before it three letters of representation, although two of which were submitted by the same respondent.
The Committee heard Ally Thain, Private Sector Housing Manager advise that the respondent had recently withdrawn the two letters of representation. He concluded by intimating that the works on the property had been completed.
The respondent of the remaining letter of representation was not present.
The Committee resolved:-
to grant the application.
7. APPLICATION FOR THE GRANT OF A STREET TRADER (HOT FOOD) LICENCE – RICHARD TOWLER
Application Ref No. 3/007
Sites – South Esplanade West – north side opposite Murray’s Lane
Days/Times – Monday to Saturday, 07:00 to 15:00
The Committee were advised (a) that the application was before the Committee due to its policy that all new Street Trader (Hot Food) applications could not be considered under delegated powers and (b) that a food safety certificate of compliance had now been issued.
The Committee resolved:-
to grant the application
8. APPLICATION FOR THE GRANT OF A STREET TRADER (HOT FOOD) LICENCE – EDWARD REYNOLDS
Application Ref No. 3/008
Sites – Minto Avenue – 75 metres east of Peterseat Road
Days/Times – Monday to Saturday, 07:00 to 16:00
The Committee were advised that the application had been granted under delegated powers.
9. APPLICATION FOR THE GRANT OF A STREET TRADER (HOT FOOD) LICENCE – PHILIP DUNBAR
Application Ref No. 3/009
Sites – George Street – east side, 8 metres north of junction with Loch Street
Days/Times – Monday to Sunday, 09:00 to 18:00, until 20:00 on Thursdays
The Committee had before it correspondence from Andrew Smith, Traffic Engineering Manager, Enterprise, Planning and Infrastructure dated 7 February 2012 which raised concerns regarding the proposed location of the applicant’s cart and suggested that it be located to 15 metres from the junction of the site on the line of the road kerb to avoid conflict with turning vehicles. The siting of the cart required to be considered and agreed by Traffic Management and the applicant
The applicant accepted the above recommendation and agreed to liaise with Traffic Management regarding the recommended location of his cart.
Members were reminded that the Committee’s policy only permitted street trading between the hours of 7am and 7pm.
The Convener requested that officers reconsider the Committee’s policy, in particular examining the possibility of extending the terminal trading hour to (20:00) on Thursdays to take account of late opening shopping hours.
The Committee resolved:-
(i) to grant the application on the basis that the applicant’s cart is located in accordance with the recommendation as proposed by the Traffic Management Team; and
(ii) to permit the applicant to trade until 20:00 on Thursdays.
10. APPLICATION FOR THE GRANT OF A STREET TRADER (GENERAL) LICENCE – IOAN COVACI
Application Ref No. 3/010
Sites – Union Street
Days/Times – Five days, 6 hours
Eric Anderson, Senior Solicitor, Litigation and Licensing provided background information relating to the application and reminded members in general terms of the Committee’s policy that no street trading was permitted on Union Street. He indicated that although he had written to the applicant seeking further information relating to the application, clarification was still being sought in terms of the days and times the applicant proposed to trade and whether the applicant intended to trade at a specific location on Union Street or to trade as he travelled between locations.
The applicant, Mr Ioan Covaci advised that he intended to trade (selling balloons) from a trolley/cart from Monday to Sunday during the hours 11:00 to 15.30 walking along the length of Union Street.
Councillor Hunter, seconded by Councillor Boulton moved:-
“that the application be refused on the grounds of
(a) public safety”; and
(b) there is other good reason for refusing the application, namely that the proposed method of street trading was contrary to the Committee’s adopted policy against street trading on Union Street.
Councillor Donnelly, seconded by the Convener moved as an amendment:-
“that the application be deferred until the next meeting to allow the applicant time to consider a static location in liaison with the appropriate officers and that a translation service be provided to assist the applicant in that regard”
On a division there voted:- for the motion (6) – Councillors Boulton, Dean, Fletcher, Hunter, Leslie and MacGregor; for the amendment (5) – the Convener and Councillors Noble, Donnelly, Robertson and Townson; declined to vote (1) Councillor Collie.
The Committee resolved:-
to adopt the motion to refuse the application.
11. APPLICATION FOR THE GRANT OF A STREET TRADER (HOT FOOD) LICENCE – JULIE MANSON
Application Ref No. 3/011
Sites – St Fitticks Road – south side, 160m east of Pentland Crescent
Days/Times – Monday to Sunday, 07:00 to 17:00
The Committee were advised that the application was before the Committee due to its policy that all new Street Trader (Hot Food) applications could not be considered under delegated powers.
The Committee resolved:-
to grant the application
12. APPLICATION FOR THE VARIATION OF A LATE HOURS CATERING LICENCE
Application Ref No. 3/012
Premises – Burger King Limited – Wellington Circle, Altens
Days/Times – Monday to Sunday, 23:00 to 05:00
The Committee were advised that the application had been withdrawn.
13. APPLICATION FOR THE VARIATION OF A LATE HOURS CATERING LICENCE
Application Ref No. 3/013
Premises – Burger King Limited – Unit 8, Queens Links Leisure Park
Days/Times – Monday to Sunday, 23:00 to 05:00
The Committee were advised that the application had been withdrawn.
14. APPLICATION FOR THE VARIATION OF A LATE HOURS CATERING LICENCE
Application Ref No. 3/014
Premises – Burger King Limited – 221-229 Union Street
Days/Times – Monday to Sunday, 23:00 to 05:00
The Committee were advised that the application had been withdrawn.
15. APPLICATION FOR THE GRANT OF A SKIN PIERCING AND TATTOOING LICENCE – ROCK ‘N’ ROLL TATTOO
Application Ref No. 3/015
Premises – 25 Rosemount Viaduct
The Committee were advised that the applicant had not returned the display notice.
The Committee resolved:-
to defer the application until the next meeting.
16. APPLICATION FOR THE GRANT OF A SKIN PIERCING AND TATTOOING LICENCE – RAPPORT TATTOO
Application Ref No. 3/016
Premises – 118 King Street
The Committee were advised that the applicant had not returned the display notice.
The Committee resolved:-
to defer the application until the next meeting.
17. APPLICATION FOR THE GRANT OF A SKIN PIERCING AND TATTOOING LICENCE – ABERDEEN COLLEGE
Application Ref No. 3/017
Premises – Gallowgate Centre, Gallowgate
The Committee were advised that the applicant requested that the application be deferred until the next meeting.
The Committee resolved:-
to defer the application until the next meeting.
18. APPLICATION FOR THE GRANT OF A MARKET OPERATOR LICENCE – SCORPION GB LTD
Application Ref No. 3/018
Location – Park & Ride at Aberdeen Exhibition and Conference Centre
Days/Times – Saturdays and Sundays, 08:00 to 14:00
The Committee were advised that the applicant had failed to provide sufficient information to allow a proper assessment of the application to be made and that there were a number of issues which required further consideration by officers.
The Committee resolved:-
to defer the application until the next meeting.
19. APPLICATION FOR THE GRANT OF A MARKET OPERATOR LICENCE – SCORPION GB LTD
Application Ref No. 3/019
Location – Multi Storey Car Park opposite Schoolhill (Level 1)
Days/Times – Saturdays and Sundays, 08:00 to 13:00
The Committee were advised that the application location was clarified as West North Street Car Park (Ground Level).
The Committee heard Andrew Smith, Traffic Engineering Manager, Enterprise, Planning and Infrastructure advise that further information from the applicant had only been submitted late on the previous evening and that there were a number of issues which required further consideration by officers.
The Committee resolved:-
to defer the application until the next meeting
20. APPLICATION FOR THE GRANT OF A TAXI DRIVER LICENCE – ANDREW STEPHEN ROSS
Application Ref No. 3/020
The Committee were advised that the application had been withdrawn.
APPENDIX B
1. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER LICENCE
Application Ref No. 7/001
The Committee heard from Eric Anderson, Senior Solicitor, Litigation and Licensing who provided background information relating to the applicant.
The Committee had before it a letter of objection dated 27 February 2012 from Grampian Police and heard Sergeant Keith Middler, speak in its support.
The applicant failed to appear.
The Committee resolved:-
to refuse the application.
2. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 7/002
The Committee had before it a medical assessment of the applicant from the Committee’s nominated 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 condition that the applicant undertakes a further medical examination from Serco after a period of 12 months.
3. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 7/003
The Committee had before it a letter of observation dated 16 February 2012 from Grampian Police and heard Sergeant Keith Middler, speak in its support.
The Committee heard from the applicant in support of the application.
Councillor Donnelly, seconded by Councillor Hunter moved:-
“that the application be granted for one year and that the applicant’s behaviour be monitored during that period”
Councillor Dean, seconded by Councillor Noble moved as an amendment:-
“that the application be refused on the grounds that the applicant is not a fit and proper person to be the holder of a licence.”
On a division, there voted:- for the motion (6) – Councillors Boulton, Donnelly, Hunter, Leslie, MacGregor and Townson; for the amendment (5) – the Convener, and Councillors Dean, Fletcher, Noble and Robertson.
The Committee resolved:-
to adopt the motion to grant the application for 12 months and that the applicant’s behaviour be monitored by the Taxi Inspector during that period.
4. APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE
Application Ref No. 7/004
The Committee had before it a letter of observation dated 2 March 2012 from Grampian Police and heard Sergeant Keith Middler, speak in its support.
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’S LICENCE
Application Ref No. 7/005
The Committee had before it a letter of objection dated 16 March 2012 from Grampian Police and heard Sergeant Keith Middler speak in its support.
The Committee heard from the applicant in support of the application. He sought the Committee’s approval to defer consideration of the application to allow more time to prepare a response for the Committee.
The Convener moved as a procedural motion, seconded by Councillor Donnelly:-
“that the application be deferred until the next meeting to allow the applicant more time to prepare a response for Committee”
On a division, there voted:- for the procedural motion (6) – the Convener, and Councillors Dean, Donnelly, Fletcher, Hunter and Robertson; against the procedural motion (5) – Councillors Boulton, Leslie, MacGregor, Noble and Townson.
The Committee resolved:-
to adopt the procedural motion and that the application be deferred until the next meeting to allow the applicant more time to prepare a response for Committee.
6. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 7/006
The Committee had before it a letter of observation dated 9 March 2012 from Grampian Police and heard Sergeant Keith Middler, speak in its support.
The Committee heard from the applicant in support of the application.
The Committee resolved:-
to grant the application.
7. APPLICATION FOR THE GRANT OF A STREET TRADER (HOT FOOD) LICENCE
Application Ref No. 7/007
The Committee had before it a letter of objection dated 26 February 2012 from Grampian Police and heard Sergeant Keith Middler, speak in its support.
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 for one year, subject to the applicant obtaining the required food safety certificate of compliance.