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 John Reynolds, Convener.
APPENDIX A
1. LANDLORD REGISTRATION
Application Reference 7/01
The Committee had before it a report by the Private Sector Housing Manager in respect of an application for landlord registration which included a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 4 May 2018.
Sergeant Flett was in attendance and spoke in support of Police Scotland’s letter of representation.
The applicant was not in attendance, however was represented. The applicant’s representative spoke in support of the application.
The Committee asked questions of the Sergeant Flett and the applicant’s representative.
Both parties summed up.
The Committee resolved:
to refuse the application for landlord registration.
2. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER'S LICENCE
Application Reference 7/02
The Committee had before it (1) an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had to be determined by 31 July 2018; and (2) a letter of representation from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 20 February 2018.
The applicant was in attendance., accompanied by his trade union representative 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.
Both parties summed up.
The Committee resolved:
to grant the application.
3. REQUEST FOR EXEMPTION FROM THE STREET KNOWLEDGE TEST
Application Reference 7/03
The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the request for exemption from the Committee’s street knowledge test for taxi drivers which had been received on 21 March 2018.
The applicant was not in attendance, but had submitted a letter and Mr Munro, Legal Advisor, read this out to the Committee.
The Committee resolved:
to refuse the request on the basis that the evidence to substantiate the statements made had not been submitted and to agree that should this evidence be presented the Committee would consider the request again.
4. APPLICATION FOR THE RENEWAL OF A PRIVATE HIRE DRIVER'S LICENCE
Application Reference 7/04
The Committee noted that the application had been granted under delegated powers.
5. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER'S LICENCE
Application Reference 7/05
The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had to be determined by 7 August 2018; and (2) a letter from the Council’s Occupational Health Provider dated 25 April 2018.
Mr Munro, Legal Advisor, provided the Committee with an overview of the application and its current status.
The applicant was in attendance and spoke in support of his application.
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 Chief Officer - Governance could grant the application under delegated powers, or otherwise that the application be referred to a meeting of the Licensing Sub Committee for consideration.
6. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER'S LICENCE
Application Reference 7/06
The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had to be determined by 3 July 2018; and (2) a letter from the Council’s Occupational Health Provider dated 21 March 2018.
Mr Munro, Legal Advisor, provided the Committee with an overview of the application and its current status.
The applicant was in attendance and spoke in support of his application.
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 Chief Officer - Governance could grant the application under delegated powers, or otherwise that the application be referred to a meeting of the Licensing Sub Committee for consideration.
7. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER'S LICENCE
Application Reference 7/07
The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had to be determined by 14 August 2018; and (2) a letter from the Council’s Occupational Health Provider dated 4 May 2018.
Mr Munro, Legal Advisor, provided the Committee with an overview of the application and its current status.
The applicant was in attendance and spoke in support of his application.
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 Chief Officer - Governance could grant the application under delegated powers, or otherwise that the application be referred to a meeting of the Licensing Sub Committee for consideration.
8. REQUEST TO BE EXEMPT FROM THE REQUIREMENT TO PROVIDE A WHEELCHAIR ACCESSIBLE VEHICLE
Application Reference 7/08
The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the request for exemption from the requirement to provide a wheelchair accessible vehicle on medical grounds which had been received on 21 March 2018.
The applicant was in attendance, accompanied by his trade union representative who spoke in support of the request.
Members asked questions of the applicant and his representative.
The applicant’s representative summed up.
The Committee resolved:
to agree that the applicant be exempt from the requirement to provide a wheelchair accessible vehicle on the basis of the individual circumstances.
APPENDIX B
1. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION - 71 GARDNER CRESCENT, ABERDEEN
Application Reference Number - 8/01
The Committee noted that the application for a licence had been withdrawn.
2. RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION - 12D ROSLIN STREET, ABERDEEN
Application Reference Number - 8/02
The Committee noted that the licence had been granted under delegated powers.
3. RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION - 33A BALNAGASK AVENUE, ABERDEEN
Application Reference Number - 8/03
The Committee noted that the licence had been granted under delegated powers.
4. RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION - 216B HOLBURN STREET, ABERDEEN
Application Reference Number - 8/04
The Committee noted that the licence had been granted under delegated powers.
5. RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION - 14C WELLINGTON STREET, ABERDEEN
Application Reference Number - 8/05
The Committee noted that the licence had been granted under delegated powers.
6. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION - 71 CONSTITUTION STREET, ABERDEEN
Application Reference Number - 8/06
The Committee had before it a report by the Private Sector Housing Manager in respect of the application.
The applicant, Ms Diane Burnett, was not in attendance, nor represented.
The Committee resolved:
to refuse the licence.
7. RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION - 1 ABBOTSWELL DRIVE, ABERDEEN
Application Reference Number - 8/07
The Committee noted that the licence had been granted under delegated powers.
8. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION - 102 CLIFTON ROAD, ABERDEEN
Application Reference Number - 8/08
The Committee noted that the licence had been granted under delegated powers.
9. RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION - 61 LESLIE ROAD, ABERDEEN
Application Reference Number - 8/09
The Committee noted that the objection had been withdrawn.
10. GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION - 61 CLIFTON ROAD, ABERDEEN
Application Reference Number - 8/10
The Committee had before it a report by the Private Sector Housing Manager in respect of the application.
The applicant was represented by Mr Lewis Stuart, Managing Director, Belvoir, who spoke in support of the application.
One of the respondents, Mr McNee, was in attendance and spoke in support of his representation. The other respondent Mrs Nicol was not in attendance, or represented.
The Committee asked questions of the applicant’s representative and the respondent in attendance.
The respondent, Mr McNee, summed up.
The applicant summed up.
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 licence under delegated powers if appropriate.
DECLARATION OF INTEREST
In accordance with article 4 of this minute, the Convener, Councillor Malik, left the meeting prior to consideration of the following item of business.
11. REQUEST FOR SUSPENSION OF A LATE HOURS CATERING LICENCE - MARCO'S, 12 BELMONT STREET
Application Reference Number - 8/11
The Committee had before it (1) an information sheet prepared by the Chief Officer – Governance in respect of the request which advised that Environmental Health had requested in terms of schedule 1, section 11 of the Civic Government (Scotland) Act 1982, the suspension of the licence holder’s late hours catering licence; and (2) letters from Environmental Health dated 5 February and 16 May 2018 regarding the licence and advising of gives rise to concern about his suitability to hold a Late Hours Catering Licence.
The licence holder, Behroz Hamedi, was not in attendance.
Mr Andrew Gilchrist, Principal Environmental Health Officer, and Ms Alison Robertson, Environmental Health Officer, were in attendance and spoke in support of the request for suspension of the Late Hours Catering Licence.
The Committee heard from Mr Munro, Legal Advisor, who advised that in respect of the request, the Committee could take no action, suspend the licence or revoke the licence.
The Committee asked questions of the officers from Environmental Health.
Councillor Bell, seconded by Councillor Delaney, moved:-
that the Committee revoke the licence on the grounds that the licence holder was not a fit and proper person.
.
Councillor Copland, seconded by Councillor McRae, moved as an amendment:-
that the Committee suspend the licence for 3 months.
On a division, there voted:- for the motion (6) –the Convener; and Councillors Allan, Bell, Henrickson, Delaney, McRae and Sellar; for the amendment (2) – Councillors Copland and Henrickson.
The Committee resolved:
to adopt the motion.
12. APPLICATION FOR THE RENEWAL OF A STREET TRADER'S LICENCE - LISAN ERYIGIT - HARENESS ROAD
Application Reference Number - 8/12
The Committee had before it an information sheet prepared by the Chief Officer - Governance in respect of the application which advised that the application had been placed on the agenda as it required to be determined by 14 August 2018, and to date the applicant had not provided a copy of the required Certificate of Compliance.
The applicant, Ms Lisan Eryigit, was in attendance and spoke in support of the application.
Mr Andrew Gilchrist, Principal Environmental Health Officer, advised that the application had been submitted some time ago but had been lost and therefore for the applicant had been required to submit a further application and he apologised for this and advised that an inspection would be undertaken as soon as possible.
The Committee resolved:
to defer consideration of the application to allow a Certificate of Compliance to be received and to agree that should a certificate be received, 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 STREET TRADER'S LICENCE - LISAN ERYIGIT - CRAIGSHAW CRESCENT
Application Reference Number - 8/13
The Committee had before it an information sheet prepared by the Chief Officer - Governance in respect of the application which advised that the application had been placed on the agenda as it required to be determined by 14 August 2018, and to date the applicant had not provided a copy of the required Certificate of Compliance.
The applicant, Ms Lisan Eryigit, was in attendance and spoke in support of the application.
Mr Andrew Gilchrist, Principal Environmental Health Officer, advised that the application had been submitted some time ago but had been lost and therefore for the applicant had been required to submit a further application and he apologised for this and advised that an inspection would be undertaken as soon as possible.
The Committee resolved:
to defer consideration of the application to allow a Certificate of Compliance to be received and to agree that should a certificate be received, 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.
14. APPLICATION FOR THE RENEWAL OF A STREET TRADER'S LICENCE - ALLAN STRACHAN
Application Reference Number - 8/14
The Committee had before it an information sheet prepared by the Chief Officer - Governance in respect of the application which advised that the application had been placed on the agenda as it required to be determined by 24 July 2018, and to date the applicant had not provided a copy of the required Certificate of Compliance.
The applicant, Mr Allan Strachan, was in attendance and spoke in support of the application.
Mr Andrew Gilchrist, Principal Environmental Health Officer, advised that an inspection would be undertaken as soon as possible.
The Committee resolved:
to defer consideration of the application to allow a Certificate of Compliance to be received and to agree that should a certificate be received, 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.
15. APPLICATION FOR THE GRANT OF A SECOND HAND DEALER'S LICENCE - DEIMATAS JUSCIUS
Application Reference Number - 8/15
The Committee had before it an information sheet prepared by the Chief Officer - Governance in respect of the application which advised that the application had been placed on the agenda as it required to be determined by 23 October 2018, and three letters of public representation had been received.
The applicant, Mr Deimatas Juscius, was not in attendance.
Mr Munro, Legal Advisor, advised that one letter of representation had been received from Ms Fiona Tyrie, Senior Housing Officer, Aberdeen City Council, beyond the statutory time period within which such letters must be received. He 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 late respondent, Ms Fiona Tyrie was not present, however Mr Munro advised the Committee of the explanation for the late submission as detailed in the letter lodged by Ms Tyrie.
The Committee resolved:-
that the letter of representation by Ms Tyrie, Senior Housing Officer, should be introduced into the proceedings.
The timely respondents Mr Robert Wilson, Mr Doug Hewitt and Mr Stuart McAully were in attendance and each spoke in support of their respective letters of representation.
The Committee asked questions of the respondents.
The Committee resolved:
to refuse the application on the following grounds:
1. the applicant was not a fit and proper person to be the holder of the licence; and
2. the premise was not suitable for the conduct of the activity having regard to the location, character or condition of the premises or the character or condition of the vehicle or vessel; the nature and extent of the proposed activity; the possibility of undue public nuisance; and public order or public safety.
16. APPLICATION FOR THE GRANT OF A TAXI DRIVER'S LICENCE - ZOULFAGHAR MOLLAEIAN
Application Reference Number - 8/16
The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had been placed on the agenda as it required to be determined by 5 June 2018, and to date the applicant had not passed the required street knowledge test.
The applicant, Mr Zoulfaghar Mollaeian, was not in attendance.
The Committee resolved:
to refuse the application.
17. APPLICATION FOR THE GRANT OF A TAXI DRIVER'S LICENCE - KATHIRAVELU MANIMARAN
Application Reference Number - 8/17
The Committee noted that the application had been withdrawn.
18. APPLICATION FOR THE GRANT OF A TAXI DRIVER'S LICENCE - ROBERT MACKINTOSH MCKENZIE
Application Reference Number - 8/18
The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had been placed on the agenda as it required to be determined by 5 August 2018, and to date the applicant had not passed the required street knowledge test.
The applicant, Mr Robert McKenzie, was not in attendance.
The Committee resolved:
to refuse the application.
19. APPLICATION FOR THE GRANT OF A TAXI DRIVER'S LICENCE - EDWARD DONALD
Application Reference Number - 8/19
The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the applicant was seeking exemption from the requirement to pass the street knowledge test.
The applicant, Mr Edward Donald, was in attendance and spoke in support of his request for exemption.
The Committee resolved:
to agree that the applicant be exempt from the requirement to undertake a street knowledge test on the basis of the individual circumstances.
20. APPLICATION FOR THE GRANT OF A TEMPORARY TAXI DRIVER'S LICENCE - WILLIAM DUGUID
Application Reference Number - 8/20
The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had been placed on the agenda as it required to be determined by 14 November 2018, and to date the applicant had 9 points on his licence.
The applicant, Mr William Duguid, was in attendance and spoke in support of the application.
The Committee resolved:
to grant the application and to agree that applicant’s full licence application which was being processed did not require to be submitted to the Committee in respect of the points on his licence.
21. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER'S LICENCE - GORDON ANDERSON
Application Reference Number - 8/21
The Committee noted that the application had been granted under delegated powers.
DECLARATION OF INTEREST
In accordance with article 4 of this minute, the Convener, Councillor McRae, left the meeting prior to consideration of the following item of business.
22. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER'S LICENCE - JAMIE GIBSON
Application Reference Number - 8/22
The Committee noted that the application had been granted under delegated powers.
23. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER'S LICENCE - BRIAN OGG
Application Reference Number - 8/23
The Committee noted that the application had been granted under delegated powers.
24. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER'S LICENCE - LEE WEBSTER
Application Reference Number - 8/24
The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had been placed on the agenda as it required to be determined by 18 August 2018, and to date the applicant had 9 points on his licence.
The applicant, Mr Lee Webster, was not in attendance.
The Committee resolved:
to grant the application.
25. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER'S LICENCE - LEE WEBSTER
Application Reference Number - 8/25
The Committee noted that the application had been granted under delegated powers.
26. APPLICATION FOR THE GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE - JACEK GUZOWSKI
Application Reference Number - 8/26
The Committee noted that the application had been withdrawn.
27. APPLICATION FOR THE RENEWAL OF A PRIVATE HIRE CAR DRIVER'S LICENCE - WAYNE GREIG
Application Reference Number - 8/27
The Committee noted that the application had been granted under delegated powers.
28. APPLICATION FOR THE GRANT OF A PRIVATE HIRE CAR DRIVER'S LICENCE - REYNALDO SANTOS
Application Reference Number - 8/28
The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had been placed on the agenda as it required to be determined by 24 July 2018, and to date had (1) not passed the required street knowledge test; and (2) not provided proof of his right to work in the UK.
The applicant, Mr Reynaldo Santos, was not in attendance.
The Committee resolved:
to refuse the application.
29. APPLICATION FOR THE RENEWAL OF A TAXI LICENCE - RAINBOW CARS LTD (T813)
Application Reference Number - 8/29
The Committee noted that the application had been granted under delegated powers.
30. APPLICATION FOR THE RENEWAL OF A TAXI LICENCE - THOMAS BREBNER
Application Reference Number - 8/30
The Committee noted that the application had been granted under delegated powers.
31. APPLICATION FOR THE RENEWAL OF A TAXI LICENCE - RAINBOW CARS LTD (T855)
Application Reference Number - 8/31
The Committee noted that the application had been granted under delegated powers.
32. APPLICATION FOR THE GRANT OF A PRIVATE HIRE CAR LICENCE - RAYMOND WILLIAM CHRISTIE
Application Reference Number - 8/32
The Committee had before it an information sheet prepared by the Chief Officer – Governance in respect of the application which advised that the application had been placed on the agenda as it required to be determined by 4 June 2018, and to date the vehicle had not passed the required inspection.
The applicant, Mr Raymond Christie, was not in attendance.
Mr Munro, Legal Advisor, advised that the date on the information note was incorrect and confirmed that the application had to be determined by 5 June not 4 June 2018.
The Committee resolved:
to refuse the application.
33. APPLICATION FOR THE RENEWAL OF A PRIVATE HIRE CAR LICENCE - ADAM MARCINIAK
Application Reference Number - 8/33
The Committee noted that the application had been granted under delegated powers.
34. APPLICATION FOR THE RENEWAL OF A PRIVATE HIRE CAR LICENCE - LEE PARKER
Application Reference Number - 8/34
The Committee noted that the application had been granted under delegated powers.