Agenda item
Discussion and Legal Advice on HMO Appeal
Minutes:
The Committee received a verbal report and legal advice in relation to the HMO appeal which had been lodged.
The Convener, seconded by Councillor Nicoll moved:-
that the HMO appeal should not be defended.
Councillor Allan, seconded by Councillor Cormie moved as an amendment:-
that the HMO appeal be defended.
On a division, there voted:- for the motion (8) – the Convener and Councillors Copland, Crockett, Lesley Dunbar, MacGregor, Malik, Nicoll and Townson; for the amendment (5) – Councillors Allan, Cormie, Delaney, Graham and Hutchison.
The Committee resolved:-
to adopt the motion.
In terms of Standing Order 15(6), Councillors Allan and Cormie intimated that they wished the minute in respect of the above article to record their dissent in relation to the decision taken by the Committee.
- COUNCILLOR SCOTT CARLE, Convener
APPENDIX A
1. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 5/01
Premises – 26 Balmoral Road, Aberdeen
The Committee had before it a report by Mr Ally Thain, Private Sector Housing Manager in respect of the application and six letters of representation.
The Committee heard from five of the respondents, namely: Mr and Mrs Gill, Mr McCormac, Mrs Tough, Mr Davies on behalf of his mother Mrs Davies and Mr and Mrs King.
One respondent, Mrs A Massie, was not present, and was not represented.
The Committee then heard from the applicant, Mr Stewart, in support of the application.
The Committee resolved:
to defer consideration of the application until the works were completed, after which time the Private Sector Housing Manager could grant the application under delegated powers if appropriate.
2. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 5/02
Premises – 12 Woodlands Walk, Cults, Aberdeen
The Committee had before it a report by Mr Ally Thain, Private Sector Housing Manager in respect of the application and four letters of representation.
The Committee heard from three of the respondents, namely: Mr Skinner and Mr Hopkins. Mr Hopkins, by virtue of owning two properties in the area, had submitted two letters of representation and spoke in respect of both. One of the respondents, Dr Johnston, was not present, and was not represented.
The Committee then heard from the applicant, Mr Miller and his solicitor, Mrs Wilson, in support of the application.
The Convener, seconded by Councillor Townson moved:-
that the application be granted.
Councillor Boulton moved as an amendment:-
that the application be refused on the grounds that the location and condition of the property was unsuitable for occupation as an HMO.
Councillor Boulton’s amendment failed to attract a seconder and therefore was not put to the vote.
The Committee resolved:
to approve the terms of the motion.
3. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 5/03
Premises – 25 Bonnymuir Place, Aberdeen
The Committee had before it a report by Mr Ally Thain, Private Sector Housing Manager in respect of the application and one letter of representation.
The respondent, Mrs Melvin, was not present, and was not represented.
The Committee then heard from the applicant’s husband, Mr McPherson, in support of the application. The applicant was not present.
The Committee resolved:
to defer consideration of the application until the works were completed, after which time the Private Sector Housing Manager could grant the application under delegated powers if appropriate.
4. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 5/04
Premises – 2 Roslin Terrace, Aberdeen
The Committee had before it a report by Mr Ally Thain, Private Sector Housing Manager in respect of the application and one letter of representation.
The respondent, Mrs Coutts, was not present, and was not represented.
The Committee then heard from the applicant, Mrs Mitchell, in support of the application.
The Committee resolved:
to defer consideration of the application until the works were completed, after which time the Private Sector Housing Manager could grant the application under delegated powers if appropriate.
5. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 5/05
Premises – 30A Spital, Aberdeen
The Committee had before it a report by Mr Ally Thain, Private Sector Housing Manager in respect of the application and one letter of representation.
The respondent, Mr Birchley, was not present, and was not represented.
The Committee then heard from the applicant’s agent, Ms Neithercut - Aberdein Considine and Co, in support of the application. The applicant was not present.
The Committee resolved:
to defer consideration of the application until the works were completed, after which time the Private Sector Housing Manager could grant the application under delegated powers if appropriate.
6. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 5/06
Premises – 30B Spital, Aberdeen
The Committee had before it a report by Mr Ally Thain, Private Sector Housing Manager in respect of the application and one letter of representation.
The respondent, Mr Birchley, was not present, and was not represented.
The Committee then heard from the applicant’s agent, Ms Neithercut – Aberdein Considine and Co, in support of the application. The applicant was not present.
The Committee resolved:
to defer consideration of the application until the works were completed, after which time the Private Sector Housing Manager could grant the application under delegated powers if appropriate.
7. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 5/07
Premises – 6 Sunnyside Avenue, Aberdeen
The Committee had before it a report by Mr Ally Thain, Private Sector Housing Manager in respect of the application and one letter of representation.
The respondent, Mr Thain, was not present, and was not represented.
The Committee then heard from one of the applicants, Mrs Claire Macdonald, and the applicants’ agent, Mr McDonald – Raeburn, Christie and Clark, in support of the application. One of the applicants, Mrs Fiona McDonald, was not present.
The Committee resolved:
to grant the application.
DECLARATION OF INTEREST
Prior to consideration of the following item of business, the Convener declared an interest in the subject matter by virtue of renting a property from the agent of the following application. The Convener then withdrew from the meeting and took no part in the deliberations. At this juncture, Councillor Boulton assumed the Chair.
8. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 5/08
Premises – 2 Aboyne Place, Aberdeen
The Committee had before it a report by Mr Ally Thain, Private Sector Housing Manager in respect of the application and one letter of representation.
The respondent, Mrs Reid, was not present, however was represented by Mr Foglia.
The Committee then heard from the applicant, Mr Reece, in support of the application.
The Committee resolved:
to defer consideration of the application until the works were completed, after which time the Private Sector Housing Manager could grant the application under delegated powers if appropriate.
At this point the Convener resumed the Chair.
9. RENEWAL OF A STREET TRADER'S LICENCE – SUSAN LAW
Application Reference Number – 5/09
Location – Blackness Road, East Side, 200m south of Hareness Road
Operating Hours – Monday to Saturday, 07:30am – 4.30pm
The Committee was advised that the application had been granted under delegated powers.
10. RENEWAL OF A STREET TRADER'S LICENCE – WENDY CHRISTINE COOPER
Application Reference Number – 5/10
Location – Kirkton Avenue, north side, 100m west Cothal View
Operating Hours – Daily, 07:00am – 7pm
The Committee was advised that the application had been granted under delegated powers.
11. RENEWAL OF A TAXI LICENCE – JOHN NOBLE (T059)
Application Reference Number – 5/11
The Committee was advised that the application had been granted under delegated powers.
12. RENEWAL OF A TAXI LICENCE – GRAHAM JAMES HANSLEY (T883)
Application Reference Number – 5/12
The Committee was advised that the application had been granted under delegated powers.
13. RENEWAL OF A TAXI LICENCE – RAINBOW CARS LTD (T836)
Application Reference Number – 5/13
The Committee was advised that the application had been granted under delegated powers.
14. RENEWAL OF A TAXI LICENCE – RAINBOW CARS LTD (T916)
Application Reference Number – 5/14
The Committee was advised that the application had been granted under delegated powers.
15. RENEWAL OF A PRIVATE HIRE CAR LICENCE – PATRICIA MCPHERSON (PH262)
Application Reference Number – 5/15
The Committee was advised that the application had been granted under delegated powers.
16. RENEWAL OF A PRIVATE HIRE CAR LICENCE – RAINBOW CARS LTD (PH268)
Application Reference Number – 5/16
The Committee was advised that the application had been granted under delegated powers.
17. RENEWAL OF A PRIVATE HIRE CAR LICENCE – IAN CHRISTIE (PH037)
Application Reference Number – 5/17
The Committee was advised that the application had been withdrawn.
18. GRANT OF A TAXI DRIVER’S LICENCE – SOHAIL AYOB
Application Reference Number – 5/18
The Committee was advised that the application had been withdrawn.
19. GRANT OF A PRIVATE HIRE CAR DRIVER’S LICENCE – SAM MURRAY
Application Reference Number – 5/19
With reference to (1) article 16 of appendix A of the minute of the meeting of the Licensing Committee of 25 November 2015, and (2) article 8 of this minute, the Committee had before it an information note by the Head of Legal and Democratic Services which advised that this application had previously been considered on 24 November 2015. At that time, the Committee had a policy requiring applicants for private hire car driver licences to complete the same street knowledge test as applicants for taxi driver licences and the applicant, Mr Murray, had not made an appointment to sit the test and therefore the Committee refused the application. This decision was appealed by the applicant on the ground that the policy was flawed and the Sheriff had remitted the application back for the Committee to consider anew.
The applicant, Mr Murray, was in attendance.
The Committee resolved:
to grant the application.
APPENDIX B
1. GRANT OF A SPECIAL EVENTS PRIVATE HIRE CAR DRIVER’S LICENCE
Application Reference Number – 6/01
The Committee had before it a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division and heard Sergeant Gillian Flett speak in its support.
The applicant was in attendance and spoke in support of the application.
The Committee resolved:
to grant the application.
2. GRANT OF A SPECIAL EVENTS PRIVATE HIRE CAR LICENCE
Application Reference Number – 6/02
The Committee had before it a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division and heard Sergeant Gillian Flett speak in its support.
The applicant was in attendance and spoke in support of the application.
The Committee resolved:
to grant the application.
3. grant of a taxi driver’s licence
Application Reference Number – 6/03
The Committee was advised that the application had been withdrawn.
4. grant of a taxi driver’s licence
Application Reference Number – 6/04
The Committee had before it (1) a letter from the Committee’s nominated Occupational Health Service Provider (OH Assist) dated 20 November 2015, in relation to the applicant; and (2) a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division.
Mr Paul Connolly, Legal Advisor, advised the Committee that a further letter from OH Assist had been received and sought approval for this letter to be circulated.
The applicant was in attendance and had no objection to the further letter from OH Assist being circulated.
The Committee resolved:
that the further letter from OH Assist be entered into proceedings.
The Committee then heard from Sergeant Gillian Flett speak in support of the letter from the Chief Constable, Police Scotland.
The applicant was in attendance and spoke in support of the application.
The Committee resolved:
to grant the application.
5. grant of a taxi driver’s licence
Application Reference Number – 6/05
The Committee had before it a letter from the Committee’s nominated Occupational Health Service Provider (OH Assist) dated 20 November 2015, in relation to the applicant.
The applicant was not present.
The Committee resolved:
to defer consideration of the application to the next meeting of the Committee on 8 March 2016 to enable the applicant to be present.
6. renewal of a taxi driver’s licence
Application Reference Number – 6/06
With reference to article 7 of Appendix B of the minute of the meeting of the Licensing Committee of 27 January 2015, the Committee had before it (1) an information note by the Head of Legal and Democratic Services; and (2) a letter of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division.
The Committee heard from the applicant’s solicitor who, as a preliminary matter, requested that the application be deferred to another date to enable the applicant’s QC and expert witness to be present. The applicant was also in attendance.
Mr Connolly, the Committee’s legal advisor, confirmed that he had no objection to the request.
Sergeant Gillian Flett advised that she had no objection to the application being deferred.
The Committee resolved:
to defer consideration of the application to a meeting of the Evidential Hearings Sub-Committee on a date mutually agreeable by all parties.