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 MARIE BOULTON, Convener.
APPENDIX A
1. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/001
Premises – 103 Bannermill Place
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 respondent.
The Committee then heard from the applicant, Sandra Reeve, in support of the application.
Lynn May, Solicitor, Litigation and Licensing, made reference to the title deeds for the premises which had been submitted by the respondent. She indicated that the content of the title deeds was a matter on which the owners may wish to seek their own separate legal remedy, as it did not constitute a ground for refusal 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.
2. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/002
Premises – 185 Links Road
The Committee had before it one letter of representation.
Ally Thain, Private Sector Housing Manager made reference to the title deeds for the premises which had been submitted by the respondent. He indicated that that the content of the title deeds was a matter on which the owners may wish to seek their own separate legal remedy, as it did not constitute a ground for refusal of the application.
The Committee heard from the respondent.
The Committee then heard from the applicant’s agent Ross Murray in support of the application.
The Committee resolved:-
to grant the application.
3. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/003
Premises – 49 Bedford Place
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 respondent.
The Committee then heard from the applicant K. Millar Graham in support of the application.
Councillor Delaney, seconded by Councillor Ironside moved:-
“to refuse the application on the grounds that:-
(a) there would be the possibility of undue public nuisance; and
(b) the applicant was considered not to be a fit and proper person to hold an HMO licence”
Councillor Blackman, seconded by Councillor Townson moved as an amendment:-
“that officers grant the application under delegated powers following the completion of the works”
On a division, there voted:- for the motion (2) – Councillors Delaney and Ironside; for the amendment (11) – the Convener; and Councillors Blackman, Cormie, Forsyth, Graham, Kiddie, MacGregor, Malik, McCaig, Reynolds and Townson.
The Committee resolved:-
to adopt the amendment, 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 – 77 Rosehill Drive
The Committee had before it four letters 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 three of the respondents.
The Committee then heard from the applicant Norman Crichton 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.
DECLARATION OF INTEREST
During the course of discussion for the following item of business, Councillor Townson declared a personal interest in the subject matter but chose not to withdraw from the meeting.
5. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/005
Premises – 17 Westbank
The Committee had before it two letters 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 one of the respondents.
The Committee then heard from the applicant Craig Durward and David Souden of Parkhill Properties 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 – 55 Sunnyside Road
The Committee were advised that the application had been granted under delegated powers.
7. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/007
Premises – 35 Kings Crescent
The Committee were advised that the application had been granted under delegated powers.
8. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/008
Premises – 191 Broomhill Road
The Committee were advised that the application had been granted under delegated powers.
9. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/009
Premises – 119 Craigievar Crescent
The Committee were advised that the application had been granted under delegated powers.
10. APPLICATION FOR THE GRANT OF A THEATRE LICENCE
Application Reference Number – 3/010
Premises – Aberdeen City Council – Old Torry Community Centre
The Committee were advised that works on the premises were still to be completed.
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.
11. APPLICATION FOR THE RENEWAL OF A STREET TRADER (ICE CREAM) LICENCE – DEREK FORBES
Application Reference Number – 3/011
Site – Zones 1 & 4
Days/Times – Seven Days, 10:00 to 22:00
The Committee had before it a letter dated 15th May 2012 from Derek and Gillian Forbes which sought the Committee’s approval to waive condition 21 applicable to a Street Trader's Licence. Condition 21 being as follows:- “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) metre radius of the outer boundary 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 Gillian Forbes speak on behalf of the applicant Derek Forbes in support of the application and referred to the content of the letter.
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 TRADER (ICE CREAM) LICENCE – GILLIAN FORBES
Application Reference Number – 3/012
Site – Zones 1 & 4
Days/Times – Seven Days, 10:00 to 22:00
The Committee had before it a letter dated 15th May 2012 from Derek and Gillian Forbes which sought the Committee’s approval to waive condition 21 applicable to a Street Trader's Licence. Condition 21 being as follows:- “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) metre radius of the outer boundary 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 the applicant speak in support of her application and referred to the content of the letter.
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.
13. APPLICATION FOR THE GRANT OF A STREET TRADER (HOT FOOD) LICENCE – JAIMEEK BHALANI
Application Reference Number – 3/013
Site – Paving between Union Square and Guild Street at foot of steps leading to pedestrian crossing on Guild Street outside Station Hotel
Days/Times – Seven Days, 07:00 to 19:00
The Committee were advised that the applicant did not have a certificate of compliance from the food authority.
Andrew Gilchrist, Principal Environmental Health Officer, advised that it had not been possible to issue a certificate of compliance as the applicant had not yet acquired a vehicle for them to inspect.
Louise Trayner, Asset Management and Operations (Roads), advised of their concerns regarding the potential location of the applicant’s vehicle with regard to public safety.
The Committee heard the applicant in support of his application.
The Committee resolved:-
to refuse the application.
14. APPLICATION FOR THE GRANT OF A STREET TRADER (HOT FOOD) LICENCE – SEAN MURPHY TRADING AS S&A CATERING SERVICES
Application Reference Number – 3/014
Site – North side 180m east of the King Street/Esplanade Junction
Days/Times – Seven Days, 07:00 to 16:00
The Committee were advised that the application before it was for a new location.
The applicant was in attendance at the meeting.
The Committee resolved:-
to grant the application.
15. APPLICATION FOR THE GRANT OF A TAXI DRIVER LICENCE – NEIL ROBERTSON
Application Reference Number – 3/015
The Committee heard from Sergeant Keith Middler, Grampian Police, on behalf of the Chief Constable who indicated that the applicant failed to attend his appointment for the Street Knowledge Test.
The applicant was not in attendance at the meeting.
The Committee resolved:-
to refuse the application
16. APPLICATION FOR THE GRANT OF A TAXI DRIVER LICENCE – PAUL WHYTE
Application Reference Number – 3/016
The Committee heard from Sergeant Keith Middler, Grampian Police, on behalf of the Chief Constable who indicated that the applicant failed to attend his appointments for the Street Knowledge Test.
The applicant was not in attendance at the meeting.
The Committee resolved:-
to refuse the application.
APPENDIX B
1. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER LICENCE
Application Reference Number – 6/001
The Committee heard from Paul Connolly, Solicitor, Litigation and Licensing who provided background information relating to the applicant.
The Committee heard from the applicant in support of his application.
The Committee resolved:-
to grant the application with the condition that the applicant attends a medical assessment every 12 months.
2. APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE
Application Reference Number – 6/002
The applicant was not in attendance at the meeting.
The Committee had before it a letter of objection dated 5 June, 2012 from the Chief Constable, Grampian Police and heard Sergeant Keith Middler speak in its support.
The Committee resolved:-
to refuse the application.
3. APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE
Application Reference Number – 6/003
The applicant was not in attendance at the meeting.
The Committee had before it a letter of objection dated 18 June, 2012 from the Chief Constable, Grampian Police and heard Sergeant Keith Middler speak in its support.
The Committee resolved:-
to refuse the application.
4. APPLICATION FOR THE GRANT OF A STREET TRADER (HOT FOOD) LICENCE
Application Reference Number – 6/004
The applicant was not in attendance at the meeting.
The Committee had before it a letter of objection dated 18 May, 2012 from the Chief Constable, Grampian Police and heard Sergeant Keith Middler speak, on behalf of the General Enquiries Department, in its support.
The Committee resolved:-
to refuse the application.