Agenda item

With reference to Appendix A, article 3 of the minute of the meeting of the Licensing Committee of 6 February 2018, the Committee had before it a report by the Chief Officer – Governance which sought the Committee’s approval that that the current policy on medical standards applied by Aberdeen City Council to applicants for taxi and private hire car drivers’ licences, was fit for purpose.

 

The report recommended:-

that the Committee agree that the current policy on medical standards applied to applicants for taxi and private hire car drivers’ licences, namely DVLA Group 2 Medical Standards, was fit for purpose.

 

The Committee resolved:

to approve the recommendation.

- Councillor John Reynolds, Convener.

APPENDIX A

 

 

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

Application Reference 9/01

 

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 1 September 2018; and (2) a letter of objection from the Chief Constable, Police Scotland, c/o Aberdeen City Division dated 29 March 2018.

 

The applicant was not in attendance, however was represented by Mr Graham Murray, solicitor.

 

Mr Murray spoke in support of his client’s application.

 

Inspector Kenny McGeough was in attendance and spoke in support of Police Scotland’s letter of objection.

 

The Committee asked questions of Mr Murray and Inspector McGeough.

 

Inspector McGeough and Mr Murray both summed up.

 

The Committee resolved:

to refuse the application on the grounds that the applicant was not a fit and proper person.

 

 

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

Application Reference 9/02

 

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 1 October 2018 and to date a medical report from the Council’s Occupational Health provider confirming the applicant met the DVLA Group 2 standards had not been received.

 

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

 

The applicant was in attendance, accompanied by his wife, 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 the Council’s new Occupational Health Provider 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.

 

 

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

Application Reference 9/03

 

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 29 September 2018 and to date a medical report Council’s Occupational Health provider confirming the applicant met the DVLA Group 2 standards had not been received.

 

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

 

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 the Council’s Occupation Health provider 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.

 

 

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

Application Reference 9/04

 

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 26 September 2018 and to date a medical report Council’s Occupational Health provider confirming the applicant met the DVLA Group 2 standards had not been received.

 

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

 

The applicant was in attendance, accompanied by his wife, 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 the Council’s new Occupational Health Provider 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.

 

 

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

Application Reference 9/05

 

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 22 September 2018 and to date a medical report Council’s Occupational Health provider confirming the applicant met the DVLA Group 2 standards had not been received.

 

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

 

The applicant was not in attendance, nor represented.

 

The Committee resolved:

to refuse the application.

 

 

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

Application Reference 9/06

 

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 28 September 2018 and to date a medical report Council’s Occupational Health provider confirming the applicant met the DVLA Group 2 standards had not been received.

 

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

 

The applicant was not in attendance, nor represented.

 

 

The Committee resolved:

to defer consideration of the application to allow a medical report from the Council’s Occupation Health provider 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 9/07

 

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 26 August 2018 and to date a medical report Council’s Occupational Health provider confirming the applicant met the DVLA Group 2 standards had not been received.

 

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

 

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

 

The Committee asked questions of the applicant.

 

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

 

The Committee resolved:

(i)         to refuse the application;

(ii)        to agree that should the applicant meet the Group 2 DVLA medical criteria following receipt of a further medical report this would result in a material change of circumstance and therefore a new application could be processed for the applicant; and

(iii)       should the applicant submit a new application, to agree to waive the fee for that single application and the requirement for the applicant to undertake a street knowledge test.

 

 

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

Application Reference 9/08

 

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 20 September 2018 and to date a medical report Council’s Occupational Health provider confirming the applicant met the DVLA Group 2 standards had not been received.

 

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

 

The applicant was not in attendance, nor represented.

 

The Committee resolved:

to defer consideration of the application to allow a medical report from the Council’s new Occupational Health Provider 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.

 

 

9.         Request for Exemption from the Street Knowledge Test

Application Reference 9/09

 

The Committee had before it an information sheet prepared by the Chief Officer – Governance which advised that the applicant sought exemption from the street knowledge test.

 

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

 

The applicant was in attendance and spoke in support of his request.

 

The Committee asked questions of the applicant.

 

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

 

The Committee resolved:

to agree to waive the requirement for the applicant to undertake a street knowledge test on the basis of the individual circumstances.

 

 

APPENDIX B

 

 

1.            Grant of a Licence for a House in Multiple Occupation - Flat 1, 438 Union Street, Aberdeen

Application Reference 10/01

 

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

 

 

2.            Grant of a Licence for a House in Multiple Occupation - Flat 2, 438 Union Street, Aberdeen

Application Reference 10/02

 

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

 

 

3.            Grant of a Licence for a House in Multiple Occupation - Flat 3, 438 Union Street, Aberdeen

Application Reference 10/03

 

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

 

 

4.            Grant of a Licence for a House in Multiple Occupation - 10C Powis Circle, Aberdeen

Application Reference 10/04

 

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

 

 

5.            Grant of a Licence for a House in Multiple Occupation - 157 Cornhill Drive Aberdeen

Application Reference 10/05

 

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

 

 

6.            Grant of a Licence for a House in Multiple Occupation - 180 Forest Avenue Aberdeen

Application Reference 10/06

 

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

 

The applicant, Ms Jules Lancastle, was not in attendance, however was represented by Mr Chris Minchin, Winchesters Lettings Limited, who spoke in support of the application.

 

The respondent, Ms Elizabeth Lindsay, was not in attendance, nor represented.

 

The Committee asked questions of the applicant’s representative.

 

The applicant’s representative did not take up the opportunity to sum 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.

 

 

7.            Grant of a Licence for a House in Multiple Occupation - Top floor flat, 35 Kings Crescent Aberdeen

Application Reference 10/07

 

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

 

Mr Thain, Private Sector Housing Manager, advised that one letter of representation had been received from Old Aberdeen Heritage Society 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.

 

There was no representative from Old Aberdeen Heritage Society in attendance.

 

The Committee resolved:-

that the letter of representation by Old Aberdeen Heritage Society should not be introduced into the proceedings.

 

The applicant, Ms Norma Dey, Dey Properties Limited, was in attendance and spoke in support of the application.

 

The timely respondents, Mr Richard and Mrs Teresa Harwood, were not attendance, nor represented.

 

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 until the works were completed, after which time the Private Sector Housing Manager could grant the licence under delegated powers if appropriate.

 

 

8.            Grant of a Licence for a House in Multiple Occupation - 29 Middlefield Place, Aberdeen

Application Reference 10/08

 

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

 

The applicant, Ms Judith Minty, was not in attendance, however was represented by Ms Jane Mullen, Contempo Property, who spoke in support of the application. Ms Mullen was accompanied by Mr Chris Minchin.

 

The respondent, Ms Lesley Bilton-Cruickshank, was not in attendance, nor represented.

 

The Committee asked questions of the applicant’s representative.

 

The applicant’s representative did not take up the opportunity to sum 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.

 

 

9.            Application for the Grant of a Street Trader's Licence - Stephen Collie

Application Reference 10/09

 

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 10 October 2018, and to date the applicant had not provided a copy of the required Certificate of Compliance.

 

The applicant, Mr Stephen Collie, 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 Certificate of Compliance to be received and to agree that should a certificate be received, 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.

 

 

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

Application Reference 10/10

 

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

 

 

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

Application Reference 10/11

 

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

 

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

Application Reference 10/12

 

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

 

 

13.         Application for the Renewal of a Private Hire Driver's Licence - Christopher Douglas

Application Reference 10/13

 

The Committee noted that the application had been withdrawn.

 

 

14.         Application for the Renewal of a Private Hire Driver's Licence - Genadijs Judins

Application Reference 10/14

 

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 9 October 2018, and to date the applicant had not passed the required street knowledge test.

 

The applicant was not in attendance, however was represented by Ms Evita Judina, who spoke in support of the application.

 

The Committee asked questions of the applicant’s representative.

 

The applicant’s representative did not take up the opportunity to sum up.

 

The Committee resolved:

to refuse the application.

 

 

15.         Application for the Grant of a Late Hours Catering Licence - Marco's, Belmont Street

Application Reference 10/15

 

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 been placed on the agenda as it required to be determined by 18 January 2019, and (2) a representation from Environmental Health, Aberdeen City Council, dated 15 August 2018.

 

The applicant, Mr Behroz Hamedi, was in attendance, and spoke in support of the application.

 

The respondent, Ms Alison Robertson, Environmental Health Officer, was in attendance and spoke in support of the representation.

 

The Committee asked questions of the applicant and the respondent.

 

Neither the applicant, nor the respondent, took up the opportunity to sum up.

 

The Committee resolved:

to defer consideration of the application to the next meeting of the Committee on 30 October 2018 to enable a report from Environmental Health to be received.