Agenda item

With reference to article 15 of the minute of its meeting of 12 September 2017, the Committee had before it a report by the Head of Legal and Democratic Services which requested that the Licensing Committee consider the views of the holders of street trader licences, the Chief Constable and relevant consultees, who had been invited to attend today’s meeting on the review of the policies and variation of the standard conditions in relation to Street Trader Licences.

 

Three additional written representations from street trader licence holders were tabled at the meeting.

 

The report recommended –

that the Committee

(a)       note that all holders of Street Traders Licences, the Chief Constable, Police Scotland, and relevant consultees had, in accordance with Paragraph 10 of Schedule 1 of the Civic Government (Scotland) Act 1982, been notified of the proposed review and variation of conditions, as agreed by the Committee at its meeting on 12 September 2017, and been invited to attend and be heard at this meeting of the Committee;

(b)       consider the views of the holders of street traders licences, the Chief Constable, Police Scotland, and other relevant consultees on the proposed review and variation of conditions (Appendices 3 to 8);

(c)        thereafter approve the proposed amended draft schedule of conditions (Appendix 2); and

(d)       instruct the Head of Legal and Democratic Services to give written notice of the Committee’s decision to the holders of Street Traders Licences, The Chief Constable, Police Scotland, and other relevant consultees on the review and variation of conditions in accordance with paragraph 10 of Schedule 1 of the Civic Government (Scotland) Act 1982.

 

Speaking in furtherance of the report, Mrs Lynn May, Solicitor, advised that given the legal implications of amending condition 9 as proposed in the recommendations contained in the report and the responses received from the Council’s roads team and street trader licence holders so far, officers had agreed to amend recommendation (c) as detailed above to read:

(c)        to approve appendix 2 with the exception of condition 9 which should remain as was.

 

The Committee heard representation from Lukasz Sieran, street trader licence holder, and Sergeant Gill Flett, Police Scotland, regarding the removal of the existing condition 21.

 

The Committee resolved:

(i)         to approve recommendations (a), (b) and (d) as contained in the report; and

(ii)        to approve the amended recommendation (c) that the proposed amended draft schedule of conditions as contained at Appendix 2 be approved with the exception of condition 9, which should remain as was.

- COUNCILLOR MARIE BOULTON, Convener

APPENDIX A (CONFIDENTIAL)

 

 

1.            Landlord Registration

Application Number – 7/01

 

The Committee had before it a report by the Private Sector Housing Manager in respect of an application for landlord registration.

 

The applicant was not in attendance.

 

The Committee heard from Mr Thain, Private Sector Housing Manager, who advised that the applicant had contacted him to advise that neither he, nor his solicitor, could not be present at today’s meeting and asked that consideration of his application be deferred to a future meeting of the Committee to enable him or his representative to be present.

 

The Committee resolved:

to defer consideration of the application for landlord registration to a future meeting of the Committee to enable the applicant, or his representative, to be present.

 

 

2.            Landlord Registration

Application Number – 7/02

 

The Committee had before it a report by the Private Sector Housing Manager in respect of an application for landlord registration.

 

The applicant was in attendance, accompanied by his parents and spoke in support of his application.

 

Sergeant Flett was in attendance and spoke in support of Police Scotland’s letter of 20 September 2017.

 

The Committee asked questions of the applicant and Sergeant Flett.

 

Neither the applicant nor Sergeant Flett took up the opportunity to sum up.

 

The Committee resolved:

to approve the application for landlord registration.

 

 

DECLARATIONS OF INTEREST

 

In accordance with article 3 of this minute, Councillor Imrie left the meeting prior to consideration of the following item of business.

 

 

Prior to consideration of the following item, Councillor Allard declared an interest in the following article by virtue of knowing the applicant, and withdrew from the meeting prior to consideration of the application.

 

 

3.            Application for the Grant of a Street Trader's Licence

Application Number – 7/03

 

The Committee had before it (1) an information sheet prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had to be determined by 9 March 2018; and (2) a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 9 October 2017.

 

The applicant was in attendance, accompanied by his employer, who spoke in support of the application.

 

Sergeant Flett was in attendance and spoke in support of Police Scotland’s letter of representation.

 

The Committee asked questions of the applicant and Sergeant Flett.

 

Neither the applicant nor Sergeant Flett took up the opportunity to sum up.

 

The Committee resolved:

to grant the application.

 

 

4.            Application for the Grant of a Late Hours Catering Licence

Application Number – 7/04

 

The Committee had before it (1) an information sheet prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had to be determined by 9 February 2018; and (2) a letter of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 1 September 2017.

 

The applicant was in attendance and spoke in support of the application.

 

Sergeant Flett was in attendance and spoke in support of Police Scotland’s letter of representation.

 

The Committee asked questions of the applicant and Sergeant Flett.

 

Sergeant Flett summed up on behalf of Police Scotland.

 

The applicant summed up his case.

 

The Convener, seconded by Councillor Allard, moved:-

that the Committee approve the application for operation between 11pm and midnight every Friday and Saturday and to instruct the Head of Legal and Democratic Services to review the current policy and to report back to a future meeting of the Committee in this regard.

.

Councillor Cameron, seconded by Councillor Townson, moved as an amendment:-

that the Committee approve the application for operation between the hours of 11pm and 4am every Friday and Saturday.

 

On a division, there voted:- for the motion (3) – the Convener; and Councillors Allard and Delaney; for the amendment (10) – Councillors Cameron, Graham, Imrie, Avril MacKenzie, Catriona Mackenzie, Malik, McRae, Sellar, Sandy Stuart and Townson.

 

The Committee resolved:

to adopt the amendment.

 

 

5.            Application for the Renewal of a Late Hours Catering Licence

Application Number – 7/05

 

The Committee had before it (1) an information sheet prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had to be determined by 13 February 2018; and (2) a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 31 August 2017.

 

The applicant was not in attendance.

 

Sergeant Flett was in attendance.

 

The Committee resolved:

to defer consideration of the application to the next meeting of the Committee to provide the applicant with another opportunity to be present.

 

 

6.            Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/06

 

The Committee had before it (1) an information sheet prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had to be determined by 26 December 2017; and (2) a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 18 July 2017.

 

The applicant was in attendance, accompanied by his mother, and spoke in support of the application.

 

Sergeant Flett was in attendance and spoke in support of Police Scotland’s letter of representation.

 

The Committee asked questions of the applicant and Sergeant Flett.

 

Neither the applicant nor Sergeant Flett took up the opportunity to sum up.

 

The Committee resolved:

to grant the application.

 

 

7.            Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/07

 

The Committee had before it (1) an information sheet prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had to be determined by 20 March 2018; and (2) a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 11 October 2017.

 

The applicant was in attendance, and was represented by his solicitor, who spoke in support of the application.

 

Sergeant Flett was in attendance and spoke in support of Police Scotland’s letter of representation.

 

The Committee asked questions of the applicant and Sergeant Flett.

 

Sergeant Flett did not take up the opportunity to sum up on behalf of Police Scotland.

 

The applicant’s solicitor summed up his case.

 

The Committee resolved:

to grant the application.

 

 

8.            Application for the Grant of a Taxi Driver's Licence

Application Number – 7/08

 

The Committee was advised that the application had been granted under delegated powers.

 

 

9.            Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/09

 

The Committee had before it an information sheet prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had to be determined by 15 December 2017.

 

The applicant was in attendance and spoke in support of the application.

 

The Committee asked questions of the applicant.

 

The applicant did not take up the opportunity to sum up.

 

The Committee resolved:

(i)            to defer consideration of the application to allow a medical report from OH Assist to be received, and to agree that should the applicant meet the Group 2 DVLA medical criteria, the Head of Legal and Democratic Services could grant the application under delegated powers, or otherwise that the application be referred to a meeting of the Licensing Urgent Business Sub Committee for consideration; and

(ii)          to note that the Licensing Team Leader was reviewing the processes in relation to the requesting and receiving of medical reports.

 

 

10.         Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/10

 

The Committee was advised that the application had been granted under delegated powers.

 

 

11.         Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/11

 

The Committee was advised that the application had been granted under delegated powers.

 

 

12.         Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/12

 

The Committee had before it an information sheet prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had to be determined by 4 December 2017.

 

Mr Munro, Legal Advisor, provided the Committee with a verbal update on the application.

 

The applicant was in attendance and spoke in support of the application.

 

The Committee asked questions of the applicant.

 

The applicant did not take up the opportunity to sum up.

 

The Committee resolved:

to defer consideration of the application to allow a medical report from OH Assist to be received and to agree that should the applicant meet the Group 2 DVLA medical criteria, the Head of Legal and Democratic Services could grant the application under delegated powers, or otherwise that the application be referred to a meeting of the Licensing Urgent Business Sub Committee for consideration.

 

 

13.         Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/13

 

The Committee was advised that the application had been granted under delegated powers.

 

 

14.         Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/14

 

The Committee had before it an information sheet prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had to be determined by 13 December 2017.

 

Mr Munro, Legal Advisor, provided the Committee with a verbal update on the application.

 

The applicant was in attendance and spoke in support of the application.

 

The Committee asked questions of the applicant.

 

The applicant did not take up the opportunity to sum up.

 

The Committee resolved:

(i)            to defer consideration of the application to allow a medical report from OH Assist to be received and to agree that should the applicant meet the Group 2 DVLA medical criteria, the Head of Legal and Democratic Services could grant the application under delegated powers, or otherwise that the application be referred to a meeting of the Licensing Urgent Business Sub Committee for consideration; and

(ii)          to defer consideration of the request for exemption from the Committee’s Accessible Vehicle Policy to a meeting of the Licensing Urgent Business Sub Committee.

 

 

15.         Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/15

 

The Committee had before it an information sheet prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had to be determined by 29 November 2017.

 

Mr Munro, Legal Advisor, provided the Committee with a verbal update on the application.

 

The applicant was in attendance and spoke in support of the application.

 

The Committee asked questions of the applicant.

 

The applicant did not take up the opportunity to sum up.

 

The Committee resolved:

to defer consideration of the application to allow a medical report from OH Assist to be received and to agree that should the applicant meet the Group 2 DVLA medical criteria, the Head of Legal and Democratic Services could grant the application under delegated powers, or otherwise that the application be referred to a meeting of the Licensing Urgent Business Sub Committee for consideration.

 

 

16.         Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/16

 

The Committee was advised that the application had been granted under delegated powers.

 

 

DECLARATION OF INTEREST

 

Prior to consideration of the following item, Councillor Sandy Stuart declared an interest in the following article by virtue of knowing the applicant, and withdrew from the meeting prior to consideration of the application.

 

 

17.         Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/17

 

The Committee had before it an information sheet prepared by the Head of Legal and Democratic Services in respect of the application which advised that the application had to be determined by 15 December 2017.

 

Mr Munro, Legal Advisor, provided the Committee with a verbal update on the application.

 

The applicant was in attendance, accompanied by his employer, and spoke in support of the application.

 

The Committee asked questions of the applicant.

 

The applicant did not take up the opportunity to sum up.

 

The Committee resolved:

(i)            to defer consideration of the application to allow a medical report from OH Assist to be received and to agree that should the applicant meet the Group 2 DVLA medical criteria, the Head of Legal and Democratic Services could grant the application under delegated powers, or otherwise that the application be referred to a meeting of the Licensing Urgent Business Sub Committee on 10 November 2017 at 10am for consideration; and

(ii)          to agree, should the applicant withdraw, to waive the fee for a new  application and the requirement for the applicant to undertake a street knowledge test.

 

 

18.         Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/18

 

The Committee was advised that the application had been granted under delegated powers.

 

 

19.         Application for the Renewal of a Taxi Driver's Licence

Application Number – 7/19

 

The Committee was advised that the application had been granted under delegated powers.

 

APPENDIX B

 

 

1.            RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION - 53 BANNERMILL PLACE, ABERDEEN

Application Number – 8/01

 

The Committee had before it a report by the Private Sector Housing Manager in respect of the application which advised that one timely letter of representation had been received.

 

The applicant, Mr Keith Lamb, was not in attendance.

 

The respondent, Miss Julie Thomson, was not in attendance.

 

The Committee heard from Mr Thain, Private Sector Housing Manager, who advised that the respondent had stated that “she did not wish to object this time around as long as Collie, or another responsible agent, was employed by Mr Lamb” and the applicant had agreed to this additional licensing condition.  On this basis, both parties were advised that they were not required to attend today’s meeting.

 

The Committee resolved:

to grant the licence subject to the usual licensing conditions plus the additional condition that the licence holder must appoint a professional managing agent to provide a fully factored service for the duration of the licence.

 

 

DECLARATION OF INTEREST

 

Prior to consideration of the following item, Councillor Townson declared an interest in the following article by virtue of knowing the applicant, and withdrew from the meeting prior to consideration of the application.

 

 

2.            APPLICATION FOR ONE OFF EXTENDED TRADING HOURS - CINEWORLD CINEMA, UNION SQUARE, ABERDEEN

Application Number – 8/02

 

The Committee had before it an information sheet prepared by the Head of Legal and Democratic Services in respect of the application which advised that the applicant had requested a one off extension to trading hours on 14 December 2017 from 2.30am to 8am to allow the cinema to trade continuously from the Wednesday to the Thursday for the release of the new Star Wars movie.

 

The applicant Mr Steven Buchan, General Manager, Cineworld, was in attendance and spoke in support of the application.

 

The Committee resolved:

to grant the application.

 

 

DECLARATION OF INTEREST

 

In accordance with article 3 of this minute, Councillor Allard left the meeting prior to consideration of the following item of business.

 

 

3.            FILM CLASSIFICATION REQUESTS - BELMONT FILM HOUSE, 49 BELMONT STREET, ABERDEEN

Application Number – 8/03

 

The Committee had before it eight requests for film classification for screening at Belmont Cinema as part of the French Film Festival 2017 follows:-

·         Jean De Florette - suggested rating PG

·         Lost in Paris - suggested rating PG

·         Manon of the Spring - suggested rating PG

·         Mr and Mrs Adelman – suggested rating 15

·         Redoubtable – suggested rating 15

·         Speak Up – suggested rating 12A

·         The Double Lover – suggested rating 18

·         The Kid – suggested rating PG

 

The Committee heard from Mr Munro, Legal Advisor, who advised that the films 1 to 3 above already had approved film classifications and therefore were not required to be considered by the Committee

 

The Committee resolved:

to approve the suggested film classifications for the following films:

·                     Mr and Mrs Adelman – 15

·                     Redoubtable – 15

·                     Speak Up – 12A

·                     The Double Lover – 18

·                     The Kid – PG

 

 

 

4.            APPLICATION FOR THE RENEWAL OF A STREET TRADER'S LICENCE - NUM OWEN

Application Number – 8/04

 

The Committee were advised that the licence had been granted under delegated powers.

 

 

5.            APPLICATION FOR THE GRANT OF A SECOND HAND TRADER'S LICENCE - SHIRLAW'S SUZUKI

Application Number – 8/05

 

The Committee were advised that the licence had been granted under delegated powers.

 

 

6.            APPLICATION FOR THE RENEWAL OF A TAXI LICENCE - NORTHERN ACCIDENT MANAGEMENT LTD

Application Number – 8/06

 

The Committee were advised that the licence had been granted under delegated powers.

 

 

7.            APPLICATION FOR THE GRANT OF A TAXI DRIVER'S LICENCE - MOHAMED BARCHOUCHI

Application Number – 8/07

 

The Committee had before it an information sheet 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 it required to be determined by 15 November 2017, and to date the applicant had not passed the required street knowledge test.

 

The applicant, Mr Mohamed Barchouchi, was in attendance and spoke in support of the application.

 

The Committee asked questions of the applicant.

 

The applicant advised that he wished to withdraw his application.

 

The Committee resolved:

to note that the applicant had withdrawn his application.

 

 

8.            APPLICATION FOR THE RENEWAL OF A PRIVATE HIRE CAR DRIVER'S LICENCE - JONEY JOEY THANABALASINGHAM

Application Number – 8/08

 

The Committee had before it an information sheet 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 it required to be determined by 11 December 2017, and to date the applicant had not passed the required street knowledge test.

 

The applicant, Mr Joney Joey Thanabalasingham, was in attendance and spoke in support of the application.

 

The Committee asked questions of the applicant.

 

The applicant summed up.

 

The Committee resolved:

to defer consideration of the application to enable the applicant to undertake the street knowledge test, and to agree that should the applicant pass the street knowledge test, the Head of Legal and Democratic Services could grant the application under delegated powers, or otherwise that the application be referred to the meeting of the Licensing Urgent Business Sub Committee for consideration.

 

 

9.            APPLICATION FOR THE RENEWAL OF A PRIVATE HIRE CAR DRIVER'S LICENCE - DITU MIAH

Application Number – 8/09

 

The Committee had before it an information sheet 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 it required to be determined by 30 November 2017, and to date the applicant had not passed the required street knowledge test.

 

The applicant, Mr Ditu Miah, was in attendance and spoke in support of the application.

 

The Committee asked questions of the applicant.

 

The applicant summed up.

 

The Committee resolved:

to defer consideration of the application to enable the applicant to undertake the street knowledge test, and to agree that should the applicant pass the street knowledge test, the Head of Legal and Democratic Services could grant the application under delegated powers, or otherwise that the application be referred to the meeting of the Licensing Urgent Business Sub Committee for consideration.

 

 

10.         APPLICATION FOR THE GRANT OF A PRIVATE HIRE DRIVER'S LICENCE - ALI MOHAMMAD

Application Number – 8/10

 

The Committee had before it an information sheet 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 it required to be determined by 22 November 2017, and to date the applicant had not passed the required street knowledge test.

 

The applicant, Mr Ali Mohammad, was in attendance and spoke in support of the application.

 

The Committee asked questions of the applicant.

 

The applicant did not take up the opportunity to sum up.

 

The Committee resolved:

to defer consideration of the application to enable the applicant to undertake the street knowledge test, and to agree that should the applicant pass the street knowledge test, the Head of Legal and Democratic Services could grant the application under delegated powers, or otherwise that the application be referred to the meeting of the Licensing Urgent Business Sub Committee for consideration.

 

 

11.         APPLICATION FOR THE RENEWAL OF A PRIVATE HIRE CAR DRIVER'S LICENCE - BULU DAS

Application Number – 8/11

 

The Committee had before it an information sheet 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 it required to be determined by 15 December 2017, and to date the applicant had not passed the required street knowledge test.

 

The applicant was not in attendance.

 

The Committee resolved:

to refuse the application.