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 were subject to the Council’s standard conditions unless otherwise stated.
- COUNCILLOR MARIE BOULTON, Convener.
APPENDIX A
1. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 4/01
Premises - 37 Spital Walk, Aberdeen
The Committee had before it a report by the Private Sector Housing Manager in respect of the application and three letters of representation.
The applicant, Mr Renton, was in attendance.
One of the respondents, Mr Dewi Morgan, on behalf of Old Aberdeen Community Council was in attendance and spoke in support of the letter of representation. The Committee asked questions of Mr Morgan. The other respondents, namely: the Old Aberdeen Heritage Society and T. W. Farquharson were not in attendance, nor were they represented.
The Committee then heard from the applicant in support of the application. The Committee asked questions of the applicant.
Councillor Townson, seconded by Councillor Nicoll moved:-
that the Committee grant the application.
Councillor Cooney, seconded by Councillor Lesley Dunbar moved as an amendment:-
that the Committee refuse the application on the grounds that the location of the property was unsuitable.
On a division, there voted:- for the motion (10) – the Convener and Councillors Copland, Delaney, Graham, Hutchison, MacGregor, Malone, Nicoll, Samarai and Townson; for the amendment (2) – Councillors Cooney and Lesley Dunbar.
The Committee resolved:
(i) to adopt the motion; and
(ii) to note that officers would review the format of reports submitted to the Committee.
2. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Reference Number – 4/02
Premises - 170 Sinclair Road, Aberdeen
The Committee had before it a report by the Private Sector Housing Manager in respect of the application which advised that the application was before the Committee as the applicant did not own the property and section 129(1) of Part 5 of the Housing (Scotland) Act 2006, as amended stated:
“An application to a local authority for an HMO licence may be made only by an owner of living accommodation concerned”.
The applicant, Mr Campbell, was in attendance and spoke in support of the application. The Committee asked questions of the applicant.
The Committee resolved:
to refuse the application on the grounds that the application did not comply with section 129(1) of Part 5 of the Housing (Scotland) Act 2006, as amended.
3. APPLICATION FOR THE GRANT OF A PUBLIC CHARITABLE COLLECTION - INSPIRE PTL
Application Reference Number – 4/03
Location – Beach Boulevard and Queen’s Links, Aberdeen
Date – 5 November 2016
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 hold a public charitable collection, on Saturday 5 November 2016 at the beach. Permission had already been granted for a street collection for that date in the same area and Committee only permits one collection in a locality at a time.
Mr Reid, Inspire Community Fundraiser, was in attendance on behalf of the applicant and spoke in support of the application.
The Committee resolved:-
to grant the application.
4. APPLICATION FOR THE RENEWAL OF A PUBLIC ENTERTAINMENT LICENCE - ABERDEEN BRIDGE OF DON OLDMACHAR CHURCH OF SCOTLAND
Application Reference Number – 4/04
The Committee had before it an information note prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had been placed on the agenda as there was outstanding building works required and it had to be determined by 7 December 2016.
The applicant was not in attendance.
The Committee resolved:
to defer consideration of the application to enable a clear building safety certificate to be received, after which time the Head of Legal and Democratic Services could grant the application under delegated powers, or otherwise refer it to the Licensing Urgent Business Sub Committee for consideration.
5. APPLICATION FOR THE RENEWAL OF A LATE HOURS CATERING LICENCE - MUSTAFA KAHRAMAN
Application Reference Number – 4/05
Location – Snappy Tomato Pizza, 84 Huntly Street, Aberdeen
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 the application had been placed on the agenda as the application had to be determined by 7 December 2016 and to date the applicant had not provided a certificate stating that he had complied with the requirement contained in paragraph 2 of Schedule 1 to the Civic Government (Scotland) Act 1982 to display a notice at, or near, the premises for a period of 21 days beginning with the date on which the application was submitted.
The applicant was not in attendance.
The Committee resolved:
to refuse the application.
6. APPLICATION FOR THE RENEWAL OF A STREET TRADER'S (HOT FOOD) LICENCE - ELAINE GLENNIE
Application Reference Number – 4/06
Location – Craigshaw Drive, 150m west of Wellington Road
Operating Hours – Monday to Saturday, 08:00 to 14:00hrs
The Committee was advised that the application had been granted under delegated powers.
7. APPLICATION FOR THE GRANT OF A TEMPORARY STREET TRADER'S LICENCE - SVEN SCHMIDT
Application Reference Number – 4/07
Location – Civic Square, Union Square, Aberdeen
Operating Period – 29 October to 9 December and 10 December to 4 January 2017
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 the application had been placed on the agenda as there was a guideline that no street trading was permitted on Union Street or any pedestrian area in the city centre except where a special case could be made out by the applicant as to why the guideline should not apply.
The applicant’s solicitor Mr McGowan was in attendance and spoke in support of the application during which he advised why this was a special case and why the guideline should not apply in this case. He also clarified that the applicant was seeking to operate daily, 12pm to 10pm, from 10 December 2016 to 4 January 2017.
The Committee resolved:
to defer consideration of the application to enable a food safety certificate to be received, after which time the Head of Legal and Democratic Services could grant the application under delegated powers for the operating period of 10 December 2016 to 4 January 2017, 12pm to 10pm, or otherwise refer it to the Licensing Urgent Business Sub Committee for consideration.
8. APPLICATION FOR THE GRANT OF A TAXI DRIVER'S LICENCE - RICHARD PAUL GREIG
Application Reference Number – 4/08
The Committee was advised that the application had been withdrawn.
9. APPLICATION FOR THE GRANT OF A TAXI DRIVER'S LICENCE - EDWARD DONALD
Application Reference Number – 4/09
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 the application had been placed on the agenda as it required to be determined by 28 March 2017 and to date the applicant had not passed the street knowledge test and he had requested that he be exempt from this requirement.
The applicant was not in attendance.
The Committee resolved:
to defer consideration of the application to the next meeting of the Committee on 13 December 2016 to provide the applicant with another opportunity to be present.
10. APPLICATION FOR THE GRANT OF A TAXI DRIVER'S LICENCE - MARCIN KUCHTA
Application Reference Number – 4/10
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 the application had been placed on the agenda as it required to be determined by 2 April 2017 and to date the applicant had not passed the street knowledge test and he had requested that he be exempt from this requirement.
The applicant, Mr Kuchta, was in attendance and spoke in support of his application, during which he explained why he should not be required to pass the knowledge test.
The Committee resolved:
to grant the application.
11. APPLICATION FOR THE GRANT OF A TAXI DRIVER'S LICENCE - KEVIN MCKENZIE
Application Reference Number – 4/11
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 the application had been placed on the agenda as it required to be determined by 2 April 2017 and to date the applicant had not passed the street knowledge test and he had requested that he be exempt from this requirement.
The applicant, Mr McKenzie, was in attendance and spoke in support of his application, during which he explained why he should not be required to pass the knowledge test.
Councillor Townson, seconded by Councillor MacGregor moved:-
that the Committee grant the application.
Councillor Delaney, seconded by Councillor Copland moved as an amendment:-
that the Committee refuse the application on the grounds that the applicant had not passed the street knowledge test.
On a division, there voted:- for the motion (8) –Councillors Allan, Lesley Dunbar, Graham, Hutchison, MacGregor, Nicoll, Samarai and Townson; for the amendment (4) – the Convener and Councillors Copland, Delaney and Malone.
The Committee resolved:
to adopt the motion.
12. APPLICATION FOR THE GRANT OF A PRIVATE HIRE DRIVER'S LICENCE - SURYA ADHIKARI
Application Reference Number – 4/12
The Committee was advised that the application had been granted under delegated powers.
13. APPLICATION FOR THE GRANT OF A PRIVATE HIRE DRIVER'S LICENCE - USAAMAH TOUFIQUE
Application Reference Number – 4/13
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 the application had been placed on the agenda as it required to be determined by 9 December 2016 and to date the applicant had not provided a copy of his/her driving licence.
The applicant was not in attendance.
The Committee resolved:
to refuse the application.
APPENDIX B
DECLARATIONS OF INTEREST
Prior to consideration of the following item, Councillors MacGregor and Samarai declared an interest in the following article by virtue of knowing the applicant, and withdrew from the meeting prior to consideration of the application.
1. LANDLORD REGISTRATION
Application Reference Number - 6/01
With reference to article 2 of appendix B of the minute of the meeting of the Licensing Committee of 23 August 2016, the Committee had before it (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 Jardine was in attendance to speak in support of the letter.
The applicant was in attendance, represented by his solicitor, Ms Wilson, who spoke in support of the application. The Committee asked questions of the applicant’s representative.
The Committee resolved:
to refuse the landlord registration.
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 application.
2. GRANT OF A LATE HOURS CATERING LICENCE
Application Reference Number - 6/02
With reference to article 5 of the minute of the meeting of the Licensing Committee of 23 August 2016, 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 Jardine was in attendance and spoke in support of the letter of objection.
The applicant was not in attendance.
The Committee resolved:-
to refuse the application.
3. APPLICATION FOR THE RENEWAL OF A PRIVATE HIRE CAR DRIVER'S LICENCE
Application Reference Number - 6/03
The Committee had before it an information note prepared by the Head of Legal and Democratic Services in respect of the application.
The applicant was in attendance and spoke in support of the application.
The Committee resolved:
to refuse 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 through her previous employment, and withdrew from the meeting prior to consideration of the application.
4. APPLICATION FOR THE GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE
Application Reference Number - 6/04
Mrs Harrison, Legal Advisor, advised that Police Scotland wished to lodge a supplementary letter of objection in respect of the application and highlighted that this was submitted beyond the statutory time period within which such letters must be received. She further advised that the Committee might consider late representations if it was satisfied there was a sufficient reason why it was not made in the time required.
The Committee heard from Sergeant Jardine, Police Scotland who explained why the letter of objection was late and should be considered today.
The applicant was not in attendance.
The Committee resolved:-
that the late letter of representation from Police Scotland be introduced to the proceedings.
The Committee had before it a letter of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 31 August 2016, and Sergeant Jardine was in attendance and spoke in support of the letter of objection.
The Committee resolved:
to refuse the application.
5. APPLICATION FOR THE GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE
Application Reference Number - 6/05
With reference to article 9 of appendix B, of the minute of the meeting of the Licensing Committee of 23 August 2016, 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 Jardine was in attendance to spoke in support of the letter of objection.
The applicant was not present.
The Committee resolved:
to refuse the application.
6. APPLICATION FOR THE RENEWAL OF A PRIVATE HIRE CAR DRIVER'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 3 August 2016, and Sergeant Jardine was in attendance and spoke in support of the letter of objection.
The applicant was in attendance and spoke in support of the application.
The Committee resolved:
to grant the application.
7. APPLICATION FOR THE 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 27 July 2016, and Sergeant Jardine was in attendance and spoke in support of the letter of objection.
The applicant was not present.
The Committee resolved:
to refuse the application.
8. APPLICATION FOR THE GRANT OF A PRIVATE HIRE CAR DRIVER’S LICENCE
Application Reference Number - 6/08
The Committee was advised that the application had been deferred to the next meeting of the Committee on 13 December 2016.
9. APPLICATION FOR THE GRANT OF A PRIVATE HIRE CAR DRIVER’S LICENCE
Application Reference Number - 6/09
The Committee was advised that the application had been withdrawn.
10. APPLICATION FOR THE GRANT OF A PRIVATE HIRE CAR DRIVER’S LICENCE
Application Reference Number - 6/10
The Committee had before it an information note prepared by the Head of Legal and Democratic Services in respect of the application.
The applicant was not in attendance.
The Committee resolved:
to refuse the application.