Minutes:
EXEMPT INFORMATION
The Committee resolved in relation to items 9.1 to 9.4 that members of the public and the press be excluded from the meeting during discussion of the applications on the grounds that there would be disclosure to them of information of the class described in paragraph 14 of Schedule 7(A) to the Local Government (Scotland) Act 1973.
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 be subject to the Council’s normal conditions unless otherwise stated.
- COUNCILLOR JOHN REYNOLDS, Convener.
APPENDIX A
1. APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 2/001
Premises – 130 Hamilton Place, Aberdeen
The Committee heard from Alastair Thain, Private Sector Housing Manager, who spoke to his memo of 1 November 2010. Mr Thain advised the Committee that there were still outstanding works to be done before a licence could be granted. However, even if these works had been done he would still be bringing the matter to the Committee because of a fire in the property on 17 October, 2010. He referred to his memo and the fact that attending crews Grampian Fire and Rescue Service noted evidence of five individuals residing at the property at the time of the fire, not withstanding the fact that the property currently does not have a licence to operate as a house in multiple occupation.
Thereafter the Committee heard from Bill Black, who was representing the applicant. Mr Black stated that the official tenants in the house at the time of the fire were a mother and son and that the additional people should not have been there. He advised the Committee that as soon as the applicant had discovered that the other people were there he had moved them out as soon as possible.
The Committee resolved:-
to refuse the application.
2. APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 2/002
Premises – 2C Maberly Street, Aberdeen
The Committee was advised that the application had been granted by delegated powers.
3. APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 2/003
Premises – 313 Hardgate, Aberdeen
The Committee was advised that the application had been granted by delegated powers.
4. APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 2/004
Premises – 55 Spital, Aberdeen
The Committee was advised by Alastair Thain, Private Sector Housing Manager, that the applicant could not be present and had requested that consideration of the application be deferred.
The Committee resolved:-
to defer
consideration of the application to its next meeting to be held
on
19 January, 2011.
5. APPLICATION FOR THE RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 2/005
Premises – Flat 3, 43 Wallfield Crescent, Aberdeen
The Committee was advised that the application had been granted by delegated powers.
6. APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 2/006
Premises – Hayfield Riding Centre, Hazlehead, Aberdeen
The Committee was advised that this application was before it because it had been less than one year since a similar application had been refused. The Committee must decide whether there has been a material change in circumstances that would allow it to consider the application.
The Committee then heard from the applicant who advised that in his opinion there had been a material change because all the outstanding works which were required previously, and on which basis that the application was refused, had now been completed, including extensive electrical work.
The Committee agreed that in the circumstances there had been a material change in circumstances to enable it to consider the application.
Thereafter the Committee heard from Alastair Thain, Private Sector Housing Manager, who confirmed that all the works were now complete.
The Committee resolved:-
to grant the application.
7. APPLICATION FOR THE RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION
Application Ref No. 2/007
Premises – 11 Canal Street, Aberdeen
The Committee was advised that the application was before it because a letter of objection had been received. Only the paragraph in the letter referring to the parking is relevant to the HMO application. The applicant, who could not attend, had submitted documentation detailing what steps she had taken to address the parking issue. This documentation was circulated to the Committee and to the objector who was personally present.
MrThain, Private Sector Housing Manager, advised the
Committee that all works were now complete and that contrary to
what it stated in his memo of
2 November, 2010, the applicant was a
registered landlord.
The
Committee then heard from the objector, who stated that after
reading
the applicant’s correspondence she was satisfied that parking
would no longer be an issue.
The Committee resolved:-
to grant the application.
8. APPLICATION FOR THE GRANT OF A LATE HOURS CATERING LICENCE
Application Ref No. 2/008
Premises – Qismat, Hillhead Halls of Residence, Don Street, Aberdeen
Times – Monday to Sunday, 23:00 to 02:30
The Committee was advised that the application was before it because the hours the applicant was seeking to trade were outwith the guidelines for premises outwith the city centre. Thereafter the Committee heard from Mr Openshaw, James and George Collie Solicitors, who spoke on behalf of the applicant.
The Committee resolved:-
to grant the application.
9. APPLICATION FOR THE GRANT OF A STREET TRADER (GENERAL) LICENCE
Application Ref No. 2/009
Site – Pilot Square, Footdee, Aberdeen
Times - Monday to Sunday, 07:00 to 22:00
The Convener advised that this application had been refused by the Committee on 15 September, 2010 on the basis that it would set an unwelcome precedent in a conservation area. However, it has since come to light that there is another street trader in the area already selling similar goods therefore it was felt that the best course of action would be for the Committee to reconsider the application.
There were two objectors to the application.
The Committee heard from the second objector, who circulated photographs which he claimed demonstrated how invasive any stall would be to neighbouring properties. He further stated that street trading would encourage tourists to congregate in the area, blocking access to other properties.
The Committee then heard from the first objector, who stated that his principal objection is to street trading in Fittie per se. The proposed area of trade is directly in front of his door and would be invasive to him.
Thereafter the Committee heard from the applicant. She stated that she had deliberately made the size of her stall very small so that it would not interfere with access. Furthermore, she had received letters of support from other members of the community.
Councillor Hunter, seconded by Councillor Fletcher moved:-
to grant the application between the hours of 10:00 and 18:00, seven days per week.
Councillor Dunbar, seconded by Councillor Boulton, moved as an amendment:-
to refuse the application on the grounds that the premises is not suitable or convenient for the conduct of the activity, having regard to the nature and extent of the proposed activity.
On a division, there voted:- for the motion (8) – the Convener; and Councillors Allan, Collie, Corral, Fletcher, Hunter, Noble and Kirsty West; for the amendment (4) - Councillors Boulton, Dunbar, Farquharson and John Stewart.
The Sub Committee resolved:-
to adopt the motion and grant the application.
10. APPLICATION FOR THE GRANT OF A STREET TRADER (HOT FOOD) LICENCE
Application Ref No. 2/010
Site – Burnside Drive, Dyce, 120 metres east of Wellheads Road
Times - Monday to Friday, 07:00 to 15:00
The Committee was advised that this application was before it because it was for a new site. The applicant had now obtained a certificate of compliance from Environmental Health.
The Sub Committee resolved:-
to grant the application.
11. APPLICATION FOR THE GRANT OF A SKIN PIERCING AND TATTOOING LICENCE
Application Ref No. 2/011
Premises – Temple Aesthetics, The Courtyard, Cults
The Committee was advised that this application was before it because it has been less than twelve months since the applicant was previously refused a similar licence.
The Committee would have to make a decision as to whether it could consider the application based on whether there had been a material change in circumstances. In the absence of the applicant,
The Committee resolved:-
to decline to consider the application.
12. APPLICATION FOR A THEATRE LICENCE
Application Ref No. 2/012
Premises – Hazlewood School, Aberdeen
The Committee was advised that the application had been granted by delegated powers.
13. APPLICATION FOR A THEATRE LICENCE
Application Ref No. 2/013
Premises – Milltimber School, Aberdeen
The Committee was advised that the application had been granted by delegated powers.
14. APPLICATION FOR A THEATRE LICENCE
Application Ref No. 2/014
Premises – Peterculter Parish Church, Aberdeen
The Committee was advised that the application had been granted by delegated powers.
APPENDIX B
1. APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/001
The Committee was advised that the application had been withdrawn.
2. APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/002
The Committee heard from Sergeant Keith Middler, Grampian Police, who spoke to the Chief Constable’s letter of objection dated 14 September, 2010.
Thereafter the Committee heard from the applicant.
Councillor Hunter, seconded by Councillor Allan moved:-
to grant the application for six months.
Councillor Dunbar, seconded by Councillor Farquharson moved as an amendment:-
to refuse the application.
On a division, there voted:- for the motion (3) – Councillors Allan, Corral and Hunter; for the amendment (7) – The Convener; and Councillors Boulton, Dunbar, Fletcher, Farquharson, Noble and Kirsty West.
The Committee resolved:-
to adopt the amendment and refuse the application.
3. APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/003
The Committee heard from Sergeant Keith Middler, Grampian Police, who spoke to the Chief Constable’s letter of observation dated 8 October, 2010.
Thereafter the Committee heard from the applicant.
The Committee resolved:-
to refuse the application.
4. APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE
Application Ref No. 9/004
The Committee heard from Sergeant Keith Middler, Grampian Police, who spoke to the Chief Constable’s letter of observation dated 4 October, 2010.
Thereafter the Committee heard from the applicant.
The Committee resolved:-
to give delegated powers to grant the application for six months provided the applicant passes his street knowledge test and his medical report is clear.