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Public Document Pack ABERDEEN CITY COUNCIL To : Councillor Reynolds, Convener ; and Councillors Allan, Boulton, Cassie, Clark, Collie, Corall, Crockett, Dunbar, Fletcher, Hunter, Kiddie, Milne, John Stewart and Kristy West. Town House, ABERDEEN, 20 August 2009 LICENSING COMMITTEE The Members of the LICENSING COMMITTEE are requested to meet in Committee Room 2 - Town House on WEDNESDAY, 2 SEPTEMBER 2009 at 10.00 am . Jane MacEachran City solicitor B U S I N E S S 1. Minutes, Committee Business Statement and Informal Business 1.1 Minute of Meeting of 03 June 2009 (Pages 1 - 20) 1.2 Licensing Hearings Sub-Committee- Minute of Meeting of 02 June 2009 (Pages 21 - 22) 1.3 Sports Ground Advisory Working Group - Minute of Meeting of 22 July 2009 (Pages 23 - 24) 1.4 Sports Ground Advisory Working Group - Minute of Meeting of 20 May 2009 (Pages 25 - 30) 1.5 Committee Business Statement (Pages 31 - 32) 2. Membership of Sub-Committees 2.1 Evidential Hearings Sub Committee - 7 Members 2.2 Informal Business Panel - 7 Members 2.3 Taxi/Private Hire Car Consultation Group - 5 Members 2.4 Sports Ground Advisory Group - 5 Members 3. Applications for Grant, Renewal or Variation of Licences - List of Applications 3.1 Application for Grant of HMO Licence - 3/001 (Pages 33 - 36) 3.2 Application for Grant of HMO Licence - 3/002 (Pages 37 - 40) 3.3 Application for Grant of HMO Licence - 3/003 (Pages 41 - 44) 3.4 Application for Grant of HMO Licence - 3/004 (Pages 45 - 48) 3.5 Application for Grant of HMO Licence - 3/005 (Pages 49 - 52) 3.6 Application for Grant of HMO Licence - 3/006 3.7 Application for Renewal of HMO Licence - 3/007 (Pages 53 - 56) 3.8 Application for Grant of HMO Licence - 3/008 (Pages 57 - 60) 3.9 Application for Grant of HMO Licence - 3/009 3.10 Application for Grant of Late Hours Catering Licence - 3/010 (Pages 61 - 70) 3.11 Application for Renewal of Second Hand Dealer's Licence - 3/011 3.12 Application for Renewal of Second Hand Dealer's Licence - 3/012 3.13 Application for Renewal of Second Hand Dealer's Licence - 3/013 3.14 Application for Renewal of Second Hand Dealer's Licence - 3/014 3.15 Application for Renewal of Second Hand Dealer's Licence - 3/015 3.16 Application for Renewal of Second Hand Dealer's Licence - 3/016 3.17 Application for Grant of a Street Trader Licence (Hot Foods) - 3/017 3.18 Application for Grant of Street Trader (Hot Foods) Licence - 3/018 (Pages 71 - 72) 3.19 Application for Renewal of a Street Trader (Hot Foods) Licence - 3/019 3.20 Application for Renewal of a Street Trader (Hot Food) Licence - 3/020 (Pages 73 - 74) 3.21 Application for Renewal of a Street Trader (Hot Foods) Licence - 3/021 3.22 Application for Renewal of a Street Trader (Hot Foods) Licence - 3/022 3.23 Application for Renewal of a Street Trader (Hot Foods) Licence - 3/023 3.24 Application for the Grant of a Public Entertainment Licence - 3/024 3.25 Application for Renewal of a Public Entertainment Licence - 3/025 3.26 Application for Renewal of a Public Entertainment Licence - 3/026 3.27 Application for the Grant of a Public Entertainment Licence -3/027 3.28 Application for the Grant of a Public Entertainment Licence - 3/028 3.29 Application for Grant of Theatre Licence - 3/029 (Pages 75 - 76) 3.30 Application for Grant of Theatre Licence - 3/030 (Pages 77 - 78) 3.31 Application for Grant of Theatre Licence - 3/031 (Pages 79 - 80) 3.32 Application for Grant of Theatre Licence - 3/032 (Pages 81 - 82) 3.33 Application for Renewal of Street Trader (Hot Foods) Licence - 3/033 3.34 Application for Grant of a Taxi Driver Licence - 3/034 (Pages 83 - 84) 3.35 Application for Grant of a Taxi Driver Licence - 3/035 (Pages 85 - 86) 3.36 Application for Grant of a Taxi Driver Licence - 3/036 3.37 Taxi Driver - 3/037 (Pages 87 - 88) 3.38 Application for Grant of a Taxi Driver Licence - 3/038 (Pages 89 - 90) 3.39 Application for Landlord Registration - 3/039 (Pages 91 - 92) 4. Space Saver Wheels (Pages 93 - 96) 5. The Licensing of Taxi Booking Offices 6. Proposed Taxi Rank to Service Union Square Development (Pages 97 - 100) 7. Family Saloon Car Partnerships (Pages 101 - 102) 8. Renfrewshire Council v Sneddon: Court of Session Decision (Pages 103 - 106) Should you require any further information about this agenda, please contact Arlene Dunbar, e-mail [email protected] or tel. 52(3411) Brenda Flaherty e-mail [email protected] or tel 52(2624) Agenda Item 1.1 791 LICENSING COMMITTEE rd ABERDEEN, 3 June, 2009. - Minute of Meeting of the LICENSING COMMITTEE. Present :- Councillor McCaig, Convener ; and Councillors Allan, Collie (from item 3.4 to item 3.46), Cormack (substituting for Councillor Fletcher, from item 3.26), Dean (substituting for Councillor Reynolds), Donnelly (substituting for Councillor Boulton), Hunter, Kiddie (from item 3.4), Leslie, Milne (from item 3.4), Robertson, John Stewart and Young (to item 3.46). REQUEST FOR DEPUTATION 1. The Committee had before it a request from Aberdeen Taxi Group (ATG), that it be invited to address the Committee on item 6, 7 and 8 on the agenda. The Committee resolved :- to suspend standing orders in terms of paragraph 23 to permit Russell McLeod and David Steven of ATG to address the Committee on item 6, 7 and 8. ND MINUTE OF MEETING OF 22 APRIL, 2009 nd 2. The Committee had before it the minute of 22 April, 2009. The Committee resolved :- to approve the minute. COMMITTEE BUSINESS STATEMENT 3. The Committee had before it, for its consideration, the Committee Business Statement. The Committee resolved :- to remove item 3 from the Business Statement. Page 1 792 LICENSING COMMITTEE 3rd June, 2009 INFORMAL BUSINESS FOR NOTING nd 4. The Committee had before it, the informal business dealt with since 22 April, 2009. The Committee resolved :- to note the informal business. PRIVATE LANDLORD REGISTRATION – PROPOSED PROCEDURES 5. The Committee had before it a report by the Corporate Director, Neighbourhood Services (South Area). The report advised the Committee on the history and current procedures for dealing with applications for Landlord Registration and requested that the Committee takes responsibility for determining “contentious” applications. The report recommended:- that the Committee (a) notes the terms of the report; and (b) agrees to accept responsibility for determining “Pending Review” Landlord Registration applications. The Committee resolved :- to approve the recommendations. APPLICATIONS FOR GRANT, RENEWAL OR VARIATION OF LICENCES OR PERMITS 6. The Committee had before it, for its consideration, the applications listed in Appendix A to this minute. EXEMPT INFORMATION The Committee resolved in relation to items 3(42) to 3(50) that members of the public and the press be excluded from the meeting during discussions of the applications on the grounds that there would be disclosure to them of exempt information as defined in paragraph 14 of Schedule 7(A) to the Local Government Scotland Act 1973. Page 2 793 LICENSING COMMITTEE 3rd June, 2009 The Committee resolved :- that all applications be determined on the basis shown in Appendix A and that all licences be subject to the Council’s normal conditions unless otherwise stated. FIRE SAFETY STANDARDS FOR HOUSES IN MULTIPLE OCCUPATION 7. The Committee had before it, for its consideration, a report by the Corporate Director, Neighbourhood Services (South Area). The report set out the inter- relationship between the Fire (Scotland) Act 2005 and licensing legislation contained within the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000, as amended, and the various levels of fire safety standards that may be required from owners of HMO’s. It also requested approval from both the Policy and Strategy Committee and Licensing Committee for adoption of the fire safety standards detailed within the report. The report recommended:- that the Committee:- (a) notes the terms of the report; (b) approves the fire safety standards required by the HMO unit; (c) continues to consider all HMO applications on their own merit; and (d) remits this report to the Policy and Strategy Committee, with a recommendation that they also approve the said fire safety standards. Thereafter the Committee heard from Alastair Thain, Private Sector Housing Manager, that since the report was written, there had been a proposal put forward by Grampian Fire and Rescue Service (GFRS), as to how fire safety standards should be applied to HMO’s. Further meetings have been arranged to produce a Memorandum of Understanding on the proposals. The Committee resolved :- (i) to approve the recommendations; and (ii) to instruct the Private Sector Housing Manager to provide an update on the discussions between GFRS and the HMO unit at the September meeting. HOUSES IN MULTIPLE OCCUPATION – PERFORMANCE REPORT 8. The Committee had before it, for its consideration, a report by the Corporate Director, Neighbourhood Services (South Area). The report provided the Committee with performance indicators for the HMO Unit. Page 3 794 LICENSING COMMITTEE 3rd June, 2009 The Committee resolved :- to note the contents of the report and to instruct the Private Sector Housing Manager to continue to provide reports on the performance of the HMO Unit on a six monthly basis. PROPOSAL TO REMOVE EXISTING TAXI RANKS ON TRINITY STREET AND EXCHANGE STREET Councillor John Stewart declared an interest and took no part in the discussions. 9. The Committee had before it, for its consideration, a report by the Corporate Director, Neighbourhood Services (South Area).