Agenda item
Application for Licences
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 FRASER FORSYTH, Convener
APPENDIX A
1. APPLICATION FOR THE RENEWAL OF A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 2/001
Premises - 2 Wallacebrae 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 respondent was not in attendance.
The applicant was not in attendance.
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 THE RENEWAL OF A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 2/002
Premises – 42 Skene Terrace
The Committee were advised that the letter of representation had been withdrawn, which was the reason it was before the Committee today.
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 THE RENEWAL OF A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 2/003
Premises – 19 Rosehill Place
Mr. Ally Thain, Public Sector Housing Manager advised that there was a letter of representation that was received outwith the statutory time period within which, such letter must be received. He further advised that the Committee may consider a late representation if it was satisfied that it was reasonable for the respondent to make the representation after the deadline.
The respondent was not present.
The applicant was not present.
The Committee resolved:-
that the letter of representation would not be admitted to the proceedings for consideration.
Mr Thain indicated that works on the premises had still to be completed, although this was not the reason it was before the Committee today.
The Committee further 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 THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 2/004
Premises – 13 Ashgrove Road
The Committee had before it four letters of representation.
The Committee heard from two respondents in terms of one of the letters of representation. The respondents wished to circulate further evidence to the Committee.
The applicant had no objection to the evidence being circulated.
The Committee agreed to its circulation.
The Committee then heard from the applicant’s agent, Mr Gould in support of the application.
The Committee resolved:-
(i) to grant the application;
(ii) that officers provide contact details of the Council’s Anti-Social Behaviour Team to the respondents who had submitted letters of representation; and
(iii) that officers write to the landlords of the neighbouring Houses of Multiple Occupation in respect of allegations in the letters of representation regarding alleged anti-social behaviour in those properties.
5. APPLICATION FOR THE GRANT OF A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 2/005
Premises – 145 Crown Street
The Committee were advised that the application had been granted under delegated powers.
6. APPLICATION FOR THE RENEWAL OF A PUBLIC ENTERTAINMENT LICENCE
Application Reference Number – 2/006
Premises – St Andrews Cathedral Church
The Committee were advised that the application had been withdrawn.
7. APPLICATION FOR THE GRANT OF A LATE HOURS CATERING LICENCE
Application Reference Number – 2/007
Premises – McDonalds Restaurants Ltd, Garthdee Road
Days/Times – Monday to Sunday, 23:00 to 05:00
The Committee had before it a letter of representation, dated 18 June, 2013 from the Chief Constable of the Police Service of Scotland, Aberdeen City Division and heard Sergeant Skinner speak in its support.
The Committee heard from the applicant’s agent Lesley Johnstone in support of the application.
Councillor Townson, seconded by Councillor Young moved:-
to grant the application.
Councillor Boulton, seconded by Councillor MacGregor moved as an amendment:-
to refuse the application.
On a division, there voted:- for the motion(9) – the Convener and Councillors Corall, Cormie, Delaney, Graham, Ironside CBE Malik, Townson and Young; forthe amendment (2) – Councillors Boulton and MacGregor.
The Committee resolved:-
to adopt the motion.
8. APPLICATION FOR THE GRANT OF A LATE HOURS CATERING LICENCE
Application Reference Number – 2/008
Premises – Adies, 62-64 Bedford Road
Days/Times – Monday to Sunday, 23:00 to 05:00
The Committee had before it a letter of observation dated 7 August, 2013 from the Chief Constable of the Police Service of Scotland, Aberdeen City Division.
The applicant was not in attendance.
The Committee resolved:-
to defer consideration of the application until its next meeting to allow the applicant to attend and speak to the application.
9. APPLICATION FOR THE GRANT OF A METAL DEALER’S LICENCE
Application Reference Number – 2/009
Applicant – GB International (UK) Limited
Premises – Kiosk P2, Union Square Shopping Centre
Dates/Times – Monday to Friday, 09:00 to 20:00, Saturday, 09:00 to 19:00 and Sunday, 11:00 to 17:00
The Committee were advised that (1) the applicant had not returned the certificate to confirm the display of a site notice, which requires to be displayed at the premises for 21 days beginning with the date that the application was submitted; and (2) Companies House had listed the applicant company as being in liquidation.
The applicant had been invited to the meeting but failed to attend.
The Committee resolved:-
to refuse the application.
10. APPLICATION FOR THE RENEWAL OF A STREET TRADER’S (ICE CREAM) LICENCE – ALEXANDER JACK
Application Reference Number – 2/010
Sites – Zones 1, 2 and 6 and Westburn Park
Days/Times – Monday to Sunday, 10:00 to 22:00
The Committee had before it a letter, dated 27 March 2013, from Alexander Jack which sought the Committee’s approval to trade on a slip road off Provost Fraser Drive opposite Northfield Academy, between the hours of 12:30 to 14:00. The Committee were advised that this site was located within a four hundred (400) metre radius of the outer boundary of the secondary schooland therefore did not conform to the standard conditions of licence.
The Committee heard from the applicant in support of the application.
The Committee resolved:-
(i) to grant the application subject to its standard conditions;
(ii) to note that in terms of Condition 21 it would not be permissible for the applicant to trade within 400 metres of a secondary school.
11. APPLICATION FOR THE GRANT OF A STREET TRADER’S (HOT FOOD) LICENCE – ELAINE ELRICK
Application Reference Number – 2/011
Sites – Kirkton Avenue, south side, 170 metres north east of the southern junction of Kirkton Avenue and Pitmedden Road
Days/Times – Monday to Saturday, 07:00 to 15:00
The Committee had before it correspondence from Doug Ritchie, Team Leader, Traffic Management and Road Safety which supported the application subject to the applicant’s van keeping clear from the entrance/exit to the nearby business premises. The applicant had submitted a letter agreeing to this provision.
The Committee resolved:-
to grant the application.
12. APPLICATION FOR THE GRANT OF A STREET TRADER’S LICENCE – FENG LAN HUANG
Application Reference Number – 2/012
Sites – Outside various public bars and nightclubs in city centre
Days/Times – Friday and Saturdays, 23:00 to 04:00
The applicant was not in attendance.
The Committee resolved:-
to defer consideration of the application until the next meeting of the Committee to allow the applicant to attend and address the Committee on the application, or for officers to obtain further information from the applicant.
13. APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE – DAVID ROBERT BRUCE
Application Reference Number – 2/013
The Committee were advised that the applicant had failed to attend three taxi knowledge test dates.
The applicant was not in attendance.
The Committee resolved:-
to refuse the application.
APPENDIX B
1. APPLICATION FOR THE GRANT OF A LATE HOURS CATERING LICENCE
Application Reference Number – 5/001
The Committee had before it a letter of representation from the Chief Constable of the Police Service of Scotland, Aberdeen City Division, dated 19 June, 2013 and heard Sergeant Barry Skinner speak in its support.
The Committee heard from the applicant’s agent Hamish Lindsay in support of the application.
The Committee resolved:-
to grant the application.
2. APPLICATION FOR THE GRANT OF A SECOND HAND DEALER’S LICENCE
Application Reference Number – 5/002
The Committee had before it a letter of representation from the Chief Constable of the Police Service of Scotland, Aberdeen City Division, dated 26 July, 2013 and heard Sergeant Barry Skinner speak in its support.
As a preliminary point, Sergeant Skinner sought the Committee’s approval to introduce details of the applicant’s spent convictions on the basis that justice could not be done except by admitting or requiring evidence relating to the spent convictions.
Members heard general information as to the age, class and penalty for the offences to assist them in considering the seriousness of the spent convictions, in order to consider whether justice could not be done except by admitting the convictions.
The Committee resolved:-
not to admit the spent convictions into the proceedings for consideration.
Thereafter, the Committee heard the applicant speak in support of the application.
The Committee further resolved:-
to grant the application.
3. APPLICATION FOR THE GRANT OF A SECOND HAND DEALER’S LICENCE
Application Reference Number – 5/003
The Committee had before it a letter of representation from the Chief Constable of the Police Service of Scotland, Aberdeen City Division, dated 17 July, 2013 and heard Sergeant Barry Skinner speak in its support.
The Committee heard the applicant speak in support of the application.
Councillor Delaney moved:-
that the application be refused on the grounds that the applicant was not a fit and proper person to hold the licence.
Councillor Delaney’s motion was not seconded, and so fell in terms of standing order 12(6).
The Committee resolved:-
to grant the application.
4. APPLICATION FOR THE GRANT OF A BOOKING OFFICE LICENCE
Application Reference Number – 5/004
The Committee had before it a letter of representation from the Chief Constable of the Police Service of Scotland, Aberdeen City Division, dated 11 July, 2013 and heard Sergeant Barry Skinner speak in its support.
The Committee heard the applicant speak in support of the application.
The Committee resolved:-
to grant the application.
5. APPLICATION FOR THE TEMPORARY GRANT OF A BOOKING OFFICE LICENCE
Application Reference Number – 5/005
The Committee heard Sergeant Barry Skinner advise that the letter of representation from the Chief Constable of the Police Service of Scotland, Aberdeen City Division was withdrawn.
The Committee heard the applicants speak in support of the application.
The Committee resolved:-
to grant the application.
6. APPLICATION FOR THE GRANT OF A PRIVATE HIRE CAR LICENCE
Application Reference Number – 5/006
The Committee had before it a letter from the licensing authority to the applicant, dated 30 August, 2013.
The Committee resolved:-
to grant the application.
7. APPLICATION FOR THE GRANT OF A PRIVATE HIRE CAR LICENCE
Application Reference Number – 5/007
The Committee had before it a letter from the licensing authority to the applicant dated 30 August, 2013.
The Committee resolved:-
to grant the application.
8. APPLICATION FOR THE GRANT OF A PRIVATE HIRE CAR LICENCE
Application Reference Number – 5/008
The Committee had before it a letter from the licensing authority to the applicant, dated 30 August, 2013.
The Committee resolved:-
to grant the application.
9. APPLICATION FOR THE GRANT OF A TAXI DRIVER LICENCE
Application Reference Number – 5/009
The Committee were advised that the application had been withdrawn.
10. APPLICATION FOR THE GRANT OF A TAXI DRIVER LICENCE
Application Reference Number – 5/010
The Committee had before it a letter of representation from the Chief Constable of the Police Service of Scotland, Aberdeen City Division, dated 21 May, 2013 and heard Sergeant Barry Skinner speak in its support.
The Committee heard the applicant speak in support of the application.
The Convener, seconded by Councillor Delaney moved:-
that the application be refused on the grounds that that the applicant was not a fit and proper person to hold the licence.
Councillor Corall, seconded by Councillor Cormie moved as an amendment:-
that the application be granted.
On a division, there voted:- for the motion - (5) the Convener and Councillors Boulton, Delaney, Ironside CBE and Malik; for the amendment - (3) Councillors Corall, Cormie and MacGregor.
The Committee resolved:-
to adopt the motion to refuse the application on the grounds outlined above.
11. APPLICATION FOR THE RENEWAL OF A TAXI LICENCE
Application Reference Number – 5/011
The Committee had before (a) a letter dated 30 August 2013 from the licensing authority to the applicant; (b) a medical assessment of the applicant from the Committee’s nominated Occupational Health Service Provider (Serco); and (c) a letter from Mr Euan Munro, Consultant, NHS Grampian in relation to the applicant.
The Committee heard Steve Robertson, Unite the Union on behalf of the applicant speak in support of the application. He also sought the Committee’s approval to waive the requirement to provide a wheelchair accessible vehicle if the licence was granted.
Councillor Delaney, seconded by Councillor Cormie moved:-
that the Committee grant the application including the request to waive the requirement to provide a wheelchair accessible vehicle.
Councillor Boulton, seconded by the Convener moved as an amendment:-
that the Committee grant the application but refuse the request to waive the requirement to provide a wheelchair accessible vehicle.
On a division, there voted:- for the motion (4) – Councillors Corall, Cormie, Delaney and MacGregor; for the amendment (4) – the Convener and Councillors Boulton, Ironside CBE and Malik.
There being an equality of votes between the motion and the amendment, the Convener exercised his casting vote in favour of the amendment.
The Committee resolved:-
(i) to adopt the amendment to grant the application subject to its standard conditions; and
(ii) to refuse the request to waive the requirement to provide a wheelchair accessible vehicle.
12. APPLICATION FOR THE RENEWAL OF A TAXI LICENCE
Application Reference Number – 5/012
The Committee had before it a letter of objection from the Chief Constable of the Police Service of Scotland, Aberdeen City Division, dated 6 August, 2013 and heard Sergeant Barry Skinner speak in its support.
As a preliminary point, Sergeant Skinner sought the Committee’s approval to introduce details of the applicant’s spent convictions on the basis that justice could not be done except by admitting or requiring evidence relating to the spent convictions.
Members heard general information as to the age, class and penalty for the offences to assist them in considering the seriousness of the spent convictions, in order to consider whether justice could not be done except by admitting the convictions.
.
Councillor Cormie, seconded by Councillor Corall moved as a procedural motion:-
not to admit the spent convictions into the proceedings for consideration.
On a division, there voted:- for the procedural motion (2) – Councillors Cormie and Corall; against the procedural motion (6) – the Convener and Councillors Boulton, Delaney, Ironside CBE, MacGregor and Malik
The Committee resolved:-
to decline the procedural motion and to consider the spent convictions as they were of the view that justice could not be done except by admitting the convictions.
The Committee heard from the applicant’s agent, Mr Michael Allan and his representative in support of the application.
The Committee resolved:-
to grant the application for a six month period.