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 were subject to the Council’s standard conditions unless otherwise stated.
- COUNCILLOR SCOTT CARLE, Convener.
APPENDIX A
1. RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 4/01
Premises – 61 Skene Square, Aberdeen
The Committee was advised that the application had been granted under delegated powers.
2. RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 4/02
Premises – 96 Broomhill Road, Aberdeen
The Committee was advised that the application had been granted under delegated powers.
3. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 4/03
Premises – Flat 6, 456A Great Western Road, Aberdeen
The Committee had before it a report by the Private Sector Housing Manager in respect of the application.
The report advised that two letters of representation had been received in respect of the application beyond the statutory time period within which such letters must be received (21-day period). The report further advised that the Committee might consider late representations if it was satisfied that it was reasonable for the respondents to make the representation after the deadline.
The applicant’s agent, Mr John Carroll, Ardoe Properties, was present. The applicant was not in attendance.
One of the late respondents, Ms Frances Wilson, was present. Ms Wilson explained why her letter of representation was late and why it should be considered today. The applicant’s representative, Mr John Carroll, objected to the letter of representation being circulated. The other late respondents, McPherson and Kerr were not present.
The Committee resolved:
(i) that the letter of representation by Ms Frances Wilson be introduced into the proceedings; and
(ii) that the letter of representation by McPherson and Kerr not be introduced into the proceedings.
The Committee heard from the respondent, Ms Frances Wilson. The Committee asked questions of the respondent.
The Committee then heard from the applicant’s agent, Mr John Carroll, in support of the application. The Committee asked questions of the applicant’s agent.
The Committee further resolved:
to grant the application.
DECLARATION OF INTEREST
Prior to consideration of the following item, Councillor Samarai declared an interest in the following article by virtue of knowing the applicant by through her previous employment, and withdrew from the meeting prior to consideration of the item.
4. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 4/04
Premises – 6 Tanfield Avenue, Aberdeen
With reference to article 6 of Appendix A of the minute of the meeting of the Licensing Committee of 14 June 2016, the Committee had before it a report by the Private Sector Housing Manager in respect of the application and one letter of representation.
The report advised that one further letter of representation had been received in respect of the application beyond the statutory time period within which such letters must be received (21-day period). The report further advised that the Committee might consider late representations if it was satisfied that it was reasonable for the respondents to make the representation after the deadline.
The applicants’ representative, Mr Duncan Robbie, Easthaven Property Management, was present. The applicants were not in attendance.
The late respondent was not in attendance.
The Committee resolved:
that the late letter of representation by Ms Nicola Logan not be introduced into the proceedings.
The Committee heard from the timely respondent, Mr Dempster. Mr Dempster sought approval to circulate photos to substantiate his statement. The applicants’ representative Mr Duncan Robbie, Easthaven Property Management, had no objection to the photos being circulated. The Committee agreed to the request that the respondent’s photos be circulated. The Committee asked questions of the respondent.
The Committee then heard from the applicants’ representative, Mr Duncan Robbie, speak in support of the application. The Committee asked questions of the applicant’s representative.
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 – 4/05
Premises – 2 Hawthorn Terrace, Aberdeen
The Committee had before it a report by the Private Sector Housing Manager in respect of the application and two letters of representation.
The applicant’s representative Ms Marlene Leiper, Geraghty-Gibb Property Management Limited, was in attendance on behalf of the applicants. The applicants were not in attendance.
Neither of the respondents, Ms S Ingram or Mr and Dr MacPhee, were in attendance, but instead were represented by Mr David Paterson who spoke in support of both letters of representation. The Committee asked questions of Mr Paterson.
The Committee then heard from the applicants’ representative, Ms Marlene Leiper, in support of the application. The Committee asked questions of the applicants’ representative.
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. RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 4/06
Premises – 382b King Street, Aberdeen
The Committee had before it a report by the Private Sector Housing Manager in respect of the application and one letter of representation.
The applicant’s representative Mr Ian Thomson, was in attendance on behalf of the applicant. The applicant was not in attendance.
The Committee heard from the respondent, Mr Calum McRae. The Committee asked questions of the respondent.
The Committee then heard from the applicant’s representative, Mr Ian Thomson, in support of the application. The Committee asked questions of the applicant’s representative.
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 – 4/07
Premises – 25 Springbank Terrace, Aberdeen
The Committee had before it a report by the Private Sector Housing Manager in respect of the application and one letter of representation.
One of the applicants, Mrs Susan Atkinson, was in attendance along with her agent, Ms Babs Buglass.
The Committee heard from the respondent, Mrs Connie Leith. The Committee asked questions of the respondent.
The Committee then heard from the applicant, Mrs Atkinson and her agent, Ms Babs Buglass, in support of the application. The Committee asked questions of the applicant.
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.
DECLARATIONS OF INTEREST
Prior to consideration of the following item, Councillors Nicoll and Samarai declared an interest in the following article by virtue of knowing the respondent. Both Councillors withdrew from the meeting prior to consideration of the item.
8. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 4/08
Premises – 103 Clifton Road, Aberdeen
The Committee had before it a report by the Private Sector Housing Manager in respect of the application and one letter of representation.
The applicant, Mrs Neeta Ewart, was in attendance.
The Committee heard from the respondent, Mrs Anna Bokedal. The Committee asked questions of the respondent.
The Committee then heard from the applicant, Mrs Neeta Ewart, in support of the application. The Committee asked questions of the applicant.
The Committee resolved:
to grant the application.
DECLARATIONS OF INTEREST
Prior to consideration of the following item, Councillors Nicoll and Samarai declared an interest in the following article by virtue of knowing the respondent. Both Councillors withdrew from the meeting prior to consideration of the item.
9. RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 4/09
Premises – 107 Clifton Road, Aberdeen
The Committee had before it a report by the Private Sector Housing Manager in respect of the application and one letter of representation.
One of the applicants, Dr Raymond Pontin, was in attendance.
The Committee heard from the respondent, Mrs Anna Bokedal.
The Committee then heard from the applicant, Dr Raymond Pontin, in support of the application. The Committee asked questions of the applicant.
The Committee resolved:
(i) 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; and
(ii) to request the Private Sector Housing Manager to provide details on the ongoing review regarding the proposed introduction of a HMO Overprovision Policy for Aberdeen to the respondent, Mrs Bokedal.
10. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 4/10
Premises – 53 Bannermill Place, Aberdeen
(A) With reference to article 3 of Appendix A of the minute of the meeting of the Licensing Committee of 14 June 2016, the Committee had before it a report by the Private Sector Housing Manager which advised that the application for an HMO at 53 Bannermill Place, Aberdeen, had been submitted within one year of the date of refusal of the previous HMO licence application.
The report explained that the local authority may consider a further application for an HMO licence, only where it was satisfied that there had been a material change of circumstances.
The Committee heard from the applicant’s representative, Mr Tony Dawson, J and G Collie LLP, Solicitors and Estate Agents, in support of the material change. Mr Dawson advised that the material change since the previous application was that J and G Collie LLP, Solicitors and Estate Agents were now listed as agents for the property; providing a full factoring service and that this change would resolve the concerns held by the Committee on consideration of the previous application.
The Committee resolved:
to agree that the reason given constituted a material change of circumstances and therefore to consider the application.
(B) With reference to article 3 of Appendix A of the minute of the meeting of the Licensing Committee of 14 June 2016, the Committee had before it a tabled report by the Private Sector Housing Manager in respect of the application and one letter of representation.
The Committee heard from the respondent, Miss Thompson. The Committee asked questions of the respondent.
The Committee then heard from the applicant’s representative, Mr Tony Dawson, in support of the application. The applicant was not in attendance. The Committee asked questions of Mr Dawson.
The Committee resolved:
to grant the application for a one year period with the condition that the applicant appoint a professional managing agent to provide a fully factored service for the duration of the licence.
11. GRANT OF A LATE HOURS CATERING LICENCE - D.P.K FOODS LTD
Application Reference Number – 4/11
Location – Units 6 and 7, Kittybrewster Centre, Clifton Road, Aberdeen
Operating Hours – Monday to Sunday, 11pm to 3am
The Committee had before it an information note prepared by the Head of Legal and Democratic Services in respect of the application.
The information note advised that this item had been placed on the agenda because the applicant was seeking to trade from 11pm to 3am, Monday to Sunday, hours which were outwith the Committee’s guidelines which stated premises outwith the city centre or beach area had a maximum terminal hour of midnight Monday to Sunday.
The applicant, Mr Paul Bunis, was present and spoke in support of the application.
The Committee resolved:
to grant the application.
12. RENEWAL OF A STREET TRADER'S LICENCE - ALLAN MOULE
Application Reference Number – 4/12
Location – Whitemyers Avenue, Mastrick Industrial Estate, Aberdeen
Operating Hours – Monday to Friday, 8am to 2pm
The Committee had before it an information note prepared by the Head of Legal and Democratic Services in respect of the application.
The information note advised that this item had been placed on the agenda because it required to be determined by 30 September 2016 and to date the applicant had not provided a food safety certificate. In this regard, section 39 of the Civic Government (Scotland) Act 1982 stated that the Committee must refuse the application unless there was produced to them a certificate by the food authority (for the purposes of section 5 of the Food Safety Act 1990) stating that the vehicle, kiosk or moveable stall complied with the requirements of any relevant regulations made under that Act.
The applicant was not present.
The Committee resolved:
to defer consideration of the application to the Licensing Urgent Business Sub Committee meeting on 1 September 2016.
13. RENEWAL OF A STREET TRADER'S LICENCE (HOT FOOD) - CAROL ANNETTA HESLOP
Application Reference Number – 4/13
Location – (1) Hazlehead Football Pitches, Monday to Sunday 10am to 10pm; (2) Sheddockley Football Pitches, Springhill Road, Monday to Sunday 9am to 9pm; (3) Outside Farm Services, Kirkhill Drive, Dyce, Monday to Sunday 7am to 5pm and (4) Crawpeel Road, Outside Total, Opposite Franks, Monday to Sunday 7am to 7pm.
The Committee was advised that the application had been granted under delegated powers.
14. RENEWAL OF A STREET TRADER'S LICENCE - SHONA LYN SINGER
Application Reference Number – 4/14
Location – Howemoss Avenue, West Side, 30m South of Howemoss Place, Aberdeen
Operating Hours – Monday to Sunday, 7am to 5pm
The Committee had before it an information note prepared by the Head of Legal and Democratic Services in respect of the application.
The information note advised that this item had been placed on the agenda because it required to be determined by 26 October 2016 and to date the applicant had not provided a food safety certificate. In this regard, section 39 of the Civic Government (Scotland) Act 1982 stated that the Committee must refuse the application unless there was produced to them a certificate by the food authority (for the purposes of section 5 of the Food Safety Act 1990) stating that the vehicle, kiosk or moveable stall complied with the requirements of any relevant regulations made under that Act.
The applicant was not present.
The Committee resolved:
to refuse the application.
15. GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE - PRZEMYSLAW KWAPIS
Application Reference Number – 4/15
The Committee had before it an information note prepared by the Head of Legal and Democratic Services in respect of the application.
The information note advised that this item had been placed on the agenda because it required to be determined by 8 October 2016 and to date the applicant had not provided a copy of his/her driving licence.
The applicant was not present.
The Committee resolved:
to refuse the application.
APPENDIX B
1. LANDLORD REGISTRATION
Application Reference Number – 6/01
With reference to article 1 of appendix B of the minute of the meeting of the Licensing Committee of 14 June 2016, the Committee had before (1) a report by the Private Sector Housing Manager; and (2) a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 18 March 2016 and Sergeant Gillian Flett was in attendance and spoke in support of the letter.
The applicant was not in attendance.
The Committee resolved:
to refuse the landlord registration application.
2. LANDLORD REGISTRATION
Application Reference Number – 6/02
The Committee had before (1) a report by the Private Sector Housing Manager; and (2) a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 27 June 2016 and Sergeant Gillian Flett was in attendance to speak in support of the letter.
The applicant was not in attendance. Mr Thain, Private Sector Housing Manager, advised that the applicant’s representative, Mr Tony Dawson, had requested that the application be deferred to the next meeting of the Committee.
The Committee resolved:
to defer consideration of the landlord registration application to the next meeting of the Licensing Committee on 25 October 2016.
3. GRANT OF A METAL TRADER'S LICENCE
Application Reference Number – 6/03
The Committee had before it a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 20 May 2016, and Sergeant Gillian Flett was in attendance.
The applicant was present, accompanied by his representative and mother. The applicant’s representative sought approval for additional documents in support of the application to be brought into proceedings. Sergeant Flett had no objection to the information being considered.
The Committee resolved:
that the additional documents from the applicant’s representative be brought into the proceedings.
The Committee heard from Sergeant Gillian Flett in support of the letter of representation from Police Scotland.
The Committee then heard from the applicant’s representative in support of the application.
The Committee asked questions of both the applicant and Sergeant Flett.
The Committee further resolved:
to grant the application.
4. GRANT OF A METAL TRADER'S LICENCE
Application Reference Number – 6/04
The Committee had before it a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 20 May 2016, and Sergeant Gillian Flett was in attendance.
The applicant was present, accompanied by his representative and mother. The applicant’s representative sought approval for additional documents in support of the application to be brought into proceedings. Sergeant Flett had no objection to the information being considered.
The Committee resolved:
that the additional documents from the applicant’s representative be brought into the proceedings.
The Committee heard from Sergeant Gillian Flett in support of the letter of representation from Police Scotland.
The Committee then heard from the applicant’s representative in support of the application.
The Committee asked questions of both the applicant and Sergeant Flett.
The Committee further resolved:
to grant the application.
5. GRANT OF A LATE HOURS CATERING LICENCE
Application Reference Number – 6/05
The Committee had before it a letter of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 14 June 2016, and Sergeant Gillian Flett was in attendance.
The applicant was not present.
The Committee resolved:
to defer consideration of the application to the next meeting of the Licensing Committee on 25 October 2016.
6. GRANT OF A WINDOW CLEANER'S LICENCE
Application Reference Number – 6/06
The Committee had before it a letter of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 6 July 2016, and Sergeant Gillian Flett was in attendance.
As a preliminary point, Sergeant Flett 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 applicant had no objection to the spent convictions being admitted to the proceedings.
The Committee resolved:
to admit the spent convictions into the proceedings for consideration.
The Committee heard from Sergeant Flett in support of the letter of objection.
The applicant was present, accompanied by his wife. The applicant spoke in support of his application.
The Committee asked questions of both the applicant and Sergeant Flett.
The Committee resolved:
to grant the application for a one year period.
DECLARATION OF INTEREST
Prior to consideration of the following item, Councillor Samarai declared an interest in the following article by virtue of knowing the applicant through her previous employment, and withdrew from the meeting prior to consideration of the item.
7. GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE
Application Reference Number – 6/07
The Committee had before it a letter of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 31 May 2016, and Sergeant Gillian Flett was in attendance and spoke in support of the letter of objection.
The applicant was present and spoke in support of the application.
The Committee asked questions of the applicant and Sergeant Flett.
The Committee resolved:
to refuse the application.
8. GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE
Application Reference Number – 6/08
The Committee had before it a letter of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 30 May 2016, and Sergeant Gillian Flett was in attendance and spoke in support of the letter of objection.
The applicant was not present.
The Committee resolved:
to refuse the application.
9. GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE
Application Reference Number – 6/09
The Committee had before it a letter of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 30 May 2016, and Sergeant Gillian Flett was in attendance to speak in its support.
The applicant was not present.
The Committee resolved:
to defer consideration of the application to the next meeting of the Licensing Committee on 25 October 2016.
10. GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE
Application Reference Number – 6/10
The Committee had before it a letter of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 24 May 2016, and Sergeant Gillian Flett was in attendance and spoke in support of the letter of representation.
The applicant was present and spoke in support of his application.
The Committee asked questions of the applicant and Sergeant Flett.
The Committee resolved:
to grant the application.
11. RENEWAL OF A TAXI DRIVER'S LICENCE
Application Reference Number – 6/11
The Committee had before it a letter of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 25 May 2016, and Sergeant Gillian Flett was in attendance and spoke in support of the letter of representation.
The applicant was present and spoke in support of his application.
The Committee asked questions of the applicant and Sergeant Flett.
The Committee resolved:
to grant the application for a one year period.
12. GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE
Application Reference Number – 6/12
The Committee was advised this this application had been deferred to the meeting of the Licensing Urgent Business Sub Committee on 1 September 2016.
13. GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE
Application Reference Number – 6/13
The Committee was advised this this application had been deferred to the meeting of the Licensing Urgent Business Sub Committee on 1 September 2016.
14. RENEWAL OF A TAXI DRIVER'S LICENCE
Application Reference Number – 6/14
The Committee was advised that this application had been granted under delegated powers.
15. GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE
Application Reference Number – 6/15
The Committee had before it an information note by the Head of Legal and Democratic Services in relation to the application which advised that this item had been placed on the agenda because applicant had three penalty points on his driving licence.
The applicant was not present.
The Committee resolved:
(i) to grant the application; and
(ii) to delegate authority to the Head of Legal and Democratic Services to grant taxi driver and private hire car driver licences where the applicant had eight or less penalty points and there was no representation from Police Scotland and the applicant met the DVLA Group 2 criteria.
16. GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE
Application Reference Number – 6/16
The Committee had before it an information note by the Head of Legal and Democratic Services in relation to the application which advised that this item had been placed on the agenda because applicant had six penalty points on his driving licence.
The applicant was not present.
The Committee resolved:
to grant the application.