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 – Top Floor Flat Left, 88 Bon Accord Street
The Committee had before it one letter of representation.
Ally Thain, Private Sector Housing Manager, advised that minor 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 in attendance.
The Committee resolved:-
(i)to defer consideration of the application until the works were completed, after which time officers could grant the application under delegated powers if appropriate; and
(ii)to instruct officers to amend the HMO notice of application to include telephone and contact details.
2. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/002
Premises – 53 Bannermill Place
Ally Thain, Private Sector Housing Manager, advised that there were two letters of representation, however they had been received beyond the statutory time period within which such letters must be received. He further advised that the Committee may consider late representations if it was satisfied that it was reasonable for the respondents to make the representations after the deadline.
The Committee heard from the respondents who explained why the letters of representation should be considered today.
The Committee heard from the applicant, Mr Keith A Lamb who objected to the letters of representation being introduced to the proceedings on the basis that the letters were not submitted timeously.
The Committee resolved:-
to decline the letters of representation from being admitted to the proceedings for consideration.
Mr Thain, 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 Mr Lamb, in support of his 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.
3. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/003
Premises – 72 Sunnyside 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 respondent.
The Committee heard from the applicant, Mr John C Jennings, 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 – Flat 1, 438 Union Street
The Committee were advised that the application had been granted under delegated powers.
5. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/005
Premises – Flat 2, 438 Union Street
The Committee was advised that the application had been granted under delegated powers.
6. APPLICATION FOR A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 3/006
Premises – 31 Auchinyell Road
The Committee was advised that the application had been granted under delegated powers.
7. APPLICATION FOR THE GRANT OF A PUBLIC ENTERTAINMENT LICENCE
Application Reference Number – 3/007
Premises – Dyce Parish Church
The Committee was advised that the application had been granted under delegated powers.
8. APPLICATION FOR A THE RENEWAL OF A THEATRE LICENCE
Application Reference Number – 3/008
Premises – Westpark School, Aberdeen City Council
Eric Anderson, Senior Solicitor, Litigation and Licensing referred to correspondence received from the applicant and advised that works on the premises had still to be completed.
The Committee resolved:-
to defer the application until the next meeting.
9. APPLICATION FOR THE GRANT OF A LATE HOURS CATERING LICENCE
Application Reference Number – 3/009
Premises – H&G (Abd) Ltd, 1A Chapel Street
Days/Times – Monday to Sunday, 23:00 to 05:00
The Committee heard from Mr Alistair Gunn on behalf of the applicant in support of the application.
The Committee resolved:-
(i) to grant the application; and
(ii) to instruct officers to prepare location maps for future late hours catering applications.
10. APPLICATION FOR THE VARIATION OF A LATE HOURS CATERING LICENCE
Application Reference Number – 3/010
Premises – McDonalds, Benville Restaurants Ltd, 117 Union Street
Days/Times – Monday to Sunday, 23:00 to 05:00
The Committee heard from Eric Anderson, Senior Solicitor, Litigation and Licensing who advised that a letter of representation dated 17 January 2013, had been received from Chief Inspector Martin Mackay, Grampian Police. The letter was circulated to members of the Committee for consideration.
The Committee heard from the applicant’s agent Lesley Johnston in support of the application.
The Convener, seconded by Councillor Thomson moved:-
“that in terms of Paragraph 10 of Schedule 1 to the Civic Government (Scotland) Act 1982 the application be refused on the grounds that the hours sought is outwith the Committee’s guidelines for late hours catering licences.”
Councillor Corral, seconded by Councillor Malone moved as an amendment:-
“that the application be granted”
On a division, there voted:- for the motion (12) – the Convener and Councillors Blackman, Forsyth, Graham, Ironside CBE, Kiddie, MacGregor, Malik, Nathan Morrison, Reynolds, Thomson and Townson; for the amendment (2) – Councillors Corral and Malone.
The Committee resolved:-
to adopt the motion to refuse the application.
11. APPLICATION FOR THE GRANT OF A SKIN PIERCING AND TATTOOING LICENCE
Application Reference Number – 3/011
Applicant – Magdalena Klimkiewicz
The Committee heard from Eric Anderson, Senior Solicitor, Litigation and Licensing who referred to correspondence received from Nick Glover, Environmental Health Trading Standards, Housing and Environment advising that arrangements to inspect a steam steriliser had still to be undertaken.
The applicant Magdalena Klimkiewicz was in attendance and agreed to withdraw the application at this time.
12. APPLICATION FOR GRANT OF A SECOND HAND DEALER LICENCE
Application Reference Number – 3/012
Applicant – John Wilson
The Committee were advised that the application had been withdrawn.
13. APPLICATION FOR THE GRANT OF A STREET TRADER (HOT FOOD) LICENCE
Application Reference Number – 3/013
Sites – (1) York Street, North side 202m South East of its junction with York Place
(2) Beach Esplanade 30m East of junction with New Pier Road
(3) Crawpeel Road, West side, 400m South of Hareness Road
Days/Times – Monday to Saturday, 07:00 to 14:00
The Committee had before it one letter of objection and heard the objector speak in furtherance of it.
The Committee then heard from the applicant, Karen Sim in support of the application.
The Committee resolved:-
to grant the application for the Crawpeel Road site only, subject to the Traffic Management Team’s approval of the actual location when identified by the applicant.
14. APPLICATION FOR THE GRANT OF A TAXI DRIVER LICENCE – DOUGLAS THOMSON
Application Reference Number 3/014
The Committee were advised that the application had been withdrawn.
APPENDIX B
1. APPLICATION FOR LANDLORD REGISTRATION
Application Reference Number – 5/001
The Committee heard from Mr Ally Thain, Private Sector Housing Manager who referred to his letter, dated 17 January 2013.
The Committee then heard from the applicant in support of the application.
The Committee resolved:-
to grant the application.
2. APPLICATION FOR THE GRANT OF A MARKET OPERATOR LICENCE
Application Reference Number – 5/002
The Committee were advised that the applicants wished to submit a letter in support of their application. The Committee agreed to accept the letter for consideration.
The Committee had before it a letter of representation, dated 24 November, 2012 from the Chief Constable, Grampian Police and heard Sergeant Barry Skinner speak in its support.
The Committee heard the applicants speak in support of their application.
The Committee resolved:-
(i) to grant the application; and
(ii) to instruct officers to investigate the possibility of amending all relevant licensing application forms to inform the applicant, when completing the form, to include motoring offences (if any) where the applicant is obliged to provide details of any previous convictions.
3. APPLICATION FOR THE RENEWAL OF A LATE HOURS CATERING LICENCE
Application Reference Number – 5/003
The Committee had before it a letter of representation, dated 18 September, 2012 from the Chief Constable, Grampian Police and heard Sergeant Barry Skinner speak in its support.
The Committee heard the applicant’s agent, Karen Copeland, speak in support of the application.
The Committee resolved:-
to grant the application for a period of six months.
4. APPLICATION FOR THE GRANT OF A TAXI DRIVER LICENCE
Application Reference Number – 5/004
The Committee had before it a letter of objection, dated 13 November, 2012 from the Chief Constable, Grampian Police.
As a preliminary point, the Committee heard Sergeant Keith Middler, on behalf of the Chief Constable, seek the Committee’s approval to admit details of the applicant’s spent convictions on the basis that justice could not be done except by the Committee admitting or requiring evidence to those convictions.
The applicant indicated that he had no objection to the details of the spent convictions being admitted and therefore the Committee agreed to accept them for consideration.
The Committee heard Sergeant Middler speak in support of the letter.
The Committee heard the applicant speak in support of his application.
Councillor Thomson, seconded by Councillor Forsyth moved:-
“that the application be refused on the ground that the applicant is not a fit and proper person to be the holder of the licence.”
Councillor Corral, seconded by Councillor Nathan Morrison moved as an amendment:-
“that the application be granted for six months.”
On a division, there voted:- for the motion (11) – the Convener and Councillors Blackman, Forsyth, Ironside CBE, Kiddie, MacGregor, Malik, Malone, Reynolds, Thomson and Townson; for the amendment (3) – Councillors Corall, Graham and Nathan Morrison.
The Committee resolved:-
to adopt the motion to refuse the application.
5. APPLICATION FOR THE GRANT OF A STREET TRADER LICENCE
Application Reference Number – 5/005
The Committee had before it a letter of objection, dated 15 November, 2012 from the Chief Constable, Grampian Police and heard Sergeant Barry Skinner speak in its support.
The Committee heard the applicant speak in support of his application.
Councillor Townson, seconded by Councillor Blackman moved:-
“that the application be granted for a six month period.”
Councillor Thomson, seconded by the Convener moved as an amendment:-
“that the application be refused on the ground that the applicant is not a fit and proper person to be the holder of the licence.”
On a division, there voted:- for the motion (11) – Councillors Blackman, Corral, Forsyth, Graham, Ironside CBE, Kiddie, MacGregor, Malik, Malone, Nathan Morrison and Townson; for the amendment (3) – the Convener and Councillors Reynolds and Thomson.
The Committee resolved:-
to adopt the motion to grant the application for a six month period.