Agenda item
Public Procession - Holy Family Church
Minutes:
The Committee heard Ruth O’Hare,
Solicitor, Litigation and Licensing explain that a notification in
respect of a proposed public procession to be held on
3 April, 2015 for a prayer walk on Kincorth Hill had been submitted
allowing insufficient time for the statutory 28 day notice
period.
She intimated that the Committee if it so wishes, could decide to waive the period of notice and accept the late notification.
The Committee resolved:-
to make an order to waive the statutory 28 day notice period.
- COUNCILLOR SCOTT CARLE, Convener
APPENDIX A
1. Grant of a Licence for a House in Multiple Occupation
Application Reference Number - 3/01
Premises - 10f Roslin Street
Mr Ally Thain, Private Sector Housing Manager advised that the item was on the agenda today for the reason that the HMO Unit had concerns about the landlord’s conduct which were outlined in the report as follows:-
· the applicant was found to be operating an unlicensed HMO;
· the operation of the unlicensed HMO breached the Prohibition Notice served by Scottish Fire and Rescue Services; and
· the applicant had failed to register himself as a landlord, and his property, with the Council.
Mr Thain indicated that the applicant and his property were now registered with the local authority.
The applicant, Mr David Halstead was in attendance and spoke 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.
2. Grant of a Licence of a House in Multiple Occupation
Application Reference Number - 3/02
Premises - 22 Alexander Drive
Mr Ally Thain, Private Sector Housing Manager advised that a letter of representation had been received in respect of the application.
The respondent spoke in support of her letter of representation.
The applicant, Alison Hodgetts spoke in support of her 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. Grant of
a Second Hand Vehicle Dealer Licence –
AF HIGH PERFORMANCE CARS LTD
Application Reference Number - 3/03
Location – 76 Willowbank Road, Aberdeen
Dates/Times – Monday to Friday, 16:00 to 18:00; Saturday 09:00 to 13:00
The Committee were advised that the certificate stating that the applicant had displayed the notice at or near the premises for a period of 21 days, beginning with the date on which the application was submitted to the local authority, had not been undertaken. A notice was currently being displayed at the premises but the objection period had not passed.
The applicant was not in attendance.
The Committee resolved:-
to defer consideration of the application to a meeting of the Licensing Urgent Business Sub-Committee.
4. Variation of a Second Hand Dealer Licence - Calum Rattray
Application Reference Number - 3/04
Location – Trading Site at The Green
The Committee were advised that the applicant sought a variation to add a further site at The Green to his licence.
The Committee resolved:-
to grant the application
5. Renewal of a Private Hire Car Licence - Peter Elliott Forbes (PH287)
Application Reference Number - 3/05
The Committee were advised that the application had been granted under delegated powers.
6. Renewal of a Taxi Driver Licence - Kirkhill Auto Services Ltd (T924)
Application Reference Number - 3/06
The Committee were advised that the application had been granted under delegated powers.
7. Renewal of a Taxi Driver Licence - Eric Melville (T866)
Application Reference Number - 3/07
The Committee were advised that the application required to be determined by 29 March 2015 and that Fleet Services had indicated that the vehicle had not passed an inspection.
The applicant was not in attendance.
The Committee resolved:-
to defer consideration of the application to a meeting of the Licensing Urgent Business Sub-Committee.
8. Renewal of a Taxi Driver Licence - William Fraser (T508)
Application Reference Number - 3/08
The Committee were advised that the application had been granted under delegated powers.
9. Renewal of a Taxi Driver Licence - Rainbow Cars Limited (T705)
Application Reference Number - 3/09
The Committee were advised that the application had been granted under delegated powers.
10. Grant of a Taxi Driver Licence - Alexander Flett
Application Reference Number - 3/10
The Committee were advised that the application required to be determined by 21 April 2015 and to date the applicant had not passed the street knowledge test.
The Committee resolved:-
to refuse the application.
11. Grant of a Private Hire Car Driver - Francis Robertson Carney
Application Reference Number - 3/11
The Committee were advised that the application required to be determined by 16 April 2015 and to date the applicant had not passed the street knowledge test.
The Committee resolved:-
to refuse the application.
APPENDIX B
1. renewal of a Taxi Driver Licence
Application Reference Number - 6/01
The Committee had before it two letters from the Committee’s nominated Occupational Health Service Provider (Optima Health) dated 18 November, 2014 and 3 March, 2015 in relation to the applicant.
The applicant spoke in support of his application.
The Committee resolved:-
to grant the application and to request that the applicant undertake a medical review in one year time.
2. Renewal of a Taxi Driver Licence
Application Reference Number - 6/02
The Committee had before it a letter from the Committee’s nominated Occupational Health Service Provider (Optima Health) dated 4 December, 2014 in relation to the applicant.
The applicant spoke in support of his application.
The Committee resolved:-
to grant the application and to request that the applicant undertake a medical review in one year time.
3. Renewal of a Taxi Driver Licence
Application Reference Number - 6/03
The Committee had before it a letter from the Committee’s nominated Occupational Health Service Provider (Optima Health) dated 18 February, 2015 in relation to the applicant.
The applicant spoke in support of his application.
The Committee resolved:-
(i) to refuse the application;
(ii) to allow the applicant to submit an application for a licence within the one year time period; and
(iii) to waive the application fee and the requirement to undertake a street knowledge test.
4. Renewal of a Taxi Driver Licence
Application Reference Number - 6/04
The Committee had before it a letter from the Committee’s nominated Occupational Health Service Provider (Optima Health) dated 3 December, 2014 in relation to the applicant.
The applicant spoke in support of his application.
The Committee resolved:-
to defer consideration of the application to a meeting of the Licensing Urgent Business Sub-Committee to allow the applicant time to attend a GP appointment and for a report to be provided to Optima Health thereafter.
5. Renewal of a Taxi Driver Licence
Application Reference Number - 6/05
The Committee had before it a letter from the Committee’s nominated Occupational Health Service Provider (Optima Health) dated 13 March, 2015 in relation to the applicant.
The applicant was not in attendance.
The Committee resolved:-
to defer consideration of the application to a meeting of the Licensing Urgent Business Sub-Committee.
6. Renewal of a Taxi Driver Licence
Application Reference Number - 6/06
The Committee had before it a letter from the Committee’s nominated Occupational Health Service Provider (Optima Health) dated 26 January, 2015 in relation to the applicant.
The applicant was not in attendance.
The Committee resolved:-
to grant the application and to request that the applicant undertake a medical review in one year time.
7. Grant of a Taxi Driver Licence
Application Reference Number - 6/07
The Committee had before it a letter of objection dated 24 December, 2014 from the Chief Constable, Police Scotland, c/o Aberdeen City Division and heard Sergeant Barry Skinner speak in its support.
The Committee also had before it the following documents submitted by the applicant (a) Disclosure Scotland Certificate dated 9 June 2014; (b) correspondence from Procurator Fiscal Service; (c) letter from Frank Doran MP dated 11 November, 2013; (d) six character references; and (e) five references from neighbours and landlords.
Sergeant Skinner objected to the inclusion of the information which had been submitted, specifically relating to (c) above as it referred to a different application submitted some time ago and that all but two of the references referred to at (d) and (e) above were supporting a different application submitted some time ago.
The Committee heard from the applicant’s agent Mr Dean Purdie in response to the objection.
The Committee resolved:-
(i) that the letter from Frank Doran MP was not to be introduced to the proceedings; and
(ii) that the references referred to at (d) and (e) above be introduced to the proceedings.
The Committee heard from the applicant and the applicant’s agent in support of the application. Mr Purdie advised that one of the applicant’s character referees was unable to attend the meeting and would be replaced by another. This was accepted by the Committee.
Mr Purdie requested that a recess be taken by the Committee to allow time for one of the character referees to attend the meeting.
At this point in the proceedings, Councillor Allan, seconded by Councillor Graham moved as a procedural motion:-
that the Committee consider the remaining applications on the agenda to allow time for the applicant’s character referee to attend the meeting.
On a division, there voted:- for the procedural motion (10) – Councillors Allan, Corall, Cormie, Lesley Dunbar, Graham, Jaffrey, MacGregor, Malik, Nathan Morrison and Yuill; against the procedural motion (3) – the Convener and Councillors Malone and Townson; declined to vote (1) – Councillor Forsyth
The Committee resolved:-
to accept the procedural motion and to consider the remaining applications on the agenda to allow time for the applicant’s character referee to attend the meeting.
The Committee heard from three character referees on behalf of the applicant.
Councillor Forsyth, seconded by the Convener moved:-
that the application be refused as the applicant was not a fit and proper person to hold such a licence.
Councillor Graham, seconded by Councillor Malik moved as an amendment:-
that the application be granted for a period of 12 months.
On a division, there voted:- for the motion (9) – the Convener and Councillors Corall, Cormie, Forsyth, Jaffrey, MacGregor, Nathan Morrison, Townson and Yuill; for the amendment (4) Councillors Allan, Lesley Dunbar, Graham and Malik.
The Committee resolved:-
to adopt the motion to refuse the application.
8. Renewal of a Taxi Driver Licence
Application Reference Number - 6/08
The Committee had before it a letter of objection dated 22 January, 2015 from the Chief Constable, Police Scotland, c/o Aberdeen City Division and heard Sergeant Barry Skinner speak in its support.
The Committee were advised that the applicant has a pending court case.
The Committee resolved:-
to defer consideration of the application to the next meeting of the Committee to allow the outcome of a pending court case.
9. Grant of a Taxi Driver Licence
Application Reference Number - 6/09
The Committee had before it a letter of objection dated 30 January, 2015 from the Chief Constable, Police Scotland, c/o Aberdeen City Division and heard Sergeant Barry Skinner speak in its support.
Sergeant Skinner advised that the Committee should disregard two convictions contained within the letter.
It was noted that the applicant’s letter from the Chief Constable did not contain the same information as the letter circulated to the Committee. The applicant was given the opportunity to defer consideration of his application until he received the appropriate letter, however the applicant intimated that he would prefer to continue with the proceedings.
The Committee heard the applicant speak in support of his application.
The Committee resolved:-
to refuse the application.
10. Renewal of a Taxi Driver Licence
Application Reference Number - 6/10
The Committee had before it a letter of objection dated 2 February, 2015 from the Chief Constable, Police Scotland, c/o Aberdeen City Division.
The Committee were advised that the applicant has a pending court case.
The Committee resolved:-
to defer consideration of the application to the next meeting of the Committee to allow the outcome of a pending court case.