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.

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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.

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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.

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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). The purpose of the report was to request that the Committee approve the removal of the taxi stances on Trinity Street and Exchange Street as a result of the Green Townscape Heritage Initiative, Public Realm Streetscape Works.

The report recommended:- that the Committee:- (a) note the content of the report; and (b) instruct officers to undertake the necessary consultation procedures required to revoke the appointment of the existing taxi ranks on Trinity Street and Exchange Street.

The Committee then heard from Russell McLeod (ATG), who acknowledged that these ranks were rarely used, and it would only amount to the loss of 4 to 5 spaces. However, there had been a steady rise in taxi numbers since the limit had been abolished and he requested that Committee investigate the possibility of establishing new ranks elsewhere in the City Centre.

The Committee then heard from Dave Stephen (ATG), that the ATG had been meeting with Hammerson, the developers of the Union Square complex about the location of a rank within it. However it had recently become apparent that there would not be a rank within the development and ATG were requesting that the Committee investigate the possibility of locating a rank at Palmerston Road.

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Thereafter ,the Committee heard from Ross Stevenson, Consultant, who explained that the Green Townscape Heritage Initiative was intended to improve the environment of, and access within, the area for those living, working or visiting it. Surveys suggested that the loss of these taxi ranks would be less detrimental to the area than the loss of on-street parking. Ross Stevenson confirmed that the Haddden Street rank would remain and that it was envisaged that shoppers at the Union Square development would also use the rank at the railway station.

The Committee resolved :- (i) to approve the recommendations; and (ii) instruct officers to investigate the possibility of additional ranks elsewhere within the City Centre.

th TH OIL EXHIBITION: 8 – 11 SEPTEMBER, 2009 – TAXI ARRANGEMENTS

10. The Committee had before it, for its consideration, a report by the Corporate Director, Resources Management. The report advised the Committee of the arrangements being put in place to ensure the provision of an efficient and effective taxi service th during th the period of the Offshore Europe Oil & Gas Conference and Exhibition, 8 to 11 September 2009.

The report recommended:- that the Licensing Committee relax the condition zoning the cityth for the purposes of taxi operationth at both airport and city, from 6am on Monday 7 September to 6am Sunday, 13 September 2009, to permit airport zone taxis to pick up at city ranks and city zoned taxis to pick up at the airport rank throughout this period.

The Committee then heard from Russell McLeod, ATG.

The Committee resolved :- to approve the recommendation.

APPROVAL OF WHEELCHAIR ACCESSIBLE VEHICLE TYPES

11. The Committee had before it, for its consideration, a report by the Corporate Director, Resources Management. The report put forward a procedure for approving types of vehicles as suitable for licensing as wheelchair accessible taxis, and requested the Committee to approve a vehicle specification by which all vehicles will be measured.

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The report recommended:- that the Committee:- (a) approve the procedure for submitting an application for vehicle approval; (b) approve the proposed fee; (c) approve the vehicle specification; and (d) grant delegated powers to officers to approve vehicles which comply with the specification.

The Committee then heard from Russell McLeod and Dave Stephen, ATG.

The Committee resolved :- to approve the recommendations. - CALLUM MCCAIG, Convener.

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APPENDIX A

1. APPLICATION FOR THE GRANT OF A PUBLIC ENTERTAINMENT LICENCE Application Ref No. 3/001 Premises – Curves, Unit 4, Jesmond Drive, Bridge of Don, Aberdeen

The Committee was advised that the application had been withdrawn.

2. APPLICATION FOR THE GRANT OF A THEATRE LICENCE Application Ref No. 3/002 Premises – St. Machar Academy, St. Machar Drive, Aberdeen

Brenda Flaherty, on behalf of the City Solicitor, advised that the application was before the Committee as it had been submitted more than six months ago. There were outstanding works, but these were being attended to.

The Committee resolved :- nd to defer consideration of the application to its meeting to be held on 2 September, 2009.

3. APPLICATION FOR THE GRANT OF A THEATRE LICENCE Application Ref No. 3/003 Premises – Summerhill Community Centre, Stronsay Drive, Aberdeen

The Committee resolved :- nd to defer consideration of the application to its meeting to be held on 2 September, 2009.

4. APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/004 Premises – 17 Westbank, Fonthill Road, Aberdeen

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The Committee heard from Alastair Thain, Private Sector Housing Manager, that 12 letters of objection had been received in respect of this application. He informed the Committee that the application relates to an end terrace three storey town house and that the applicants have requested maximum occupancy of four tenants which is acceptable to the Council in terms of space requirements.

The Committee then heard from Brenda Flaherty, of behalf of the City Solicitor, who advised the objectors of what could be taken into consideration when determining the application. Objectors numbers 1, 2, 4, 7, 10 and 11 were all present and each spoke to their letter of objection. Thereafter the Committee heard from the applicant. He informed the Committee that between them, he and his business partner had over 25 years experience as landlords. They have three other HMO licences in Aberdeen and had never received a complaint about any of the properties. The property itself has a garage and driveway which can accommodate two cars. There is also one permit for parking on Fonthill Road. A gardener is employed to maintain the outside areas and they also contribute to the factoring costs. He acknowledged that in the past they had not attended residents meetings but would do so in future.

The Committee resolved :- to give delegated powers to grant the application once all outstanding work had been completed and the necessary certificates submitted.

5. APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/005 Premises – 129 Hilton Avenue, Aberdeen The Committee heard from Alastair Thain, Private Sector Housing Manager, that two objections had been received in respect of the application. Objector number 1 was present and he spoke to his letter of objection. Thereafter the Committee heard from the applicant and his agent Denise Mercer, Solicitor, Ledingham Chalmers. The applicant advised the Committee that his building was attached to that of the second objector’s, but he had taken into account her concerns and has rearranged the layout so that the living room was furthest away from the adjoining property. The property has a garage and driveway and there was no restriction on parking on the road. The property is in the catchment area for the hospital and may not necessarily be let to individuals, it could be let to a family.

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The Committee resolved :- to give delegated powers to grant the application providing all the necessary works were undertaken and certificates submitted.

6. APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/006 Premises – 3 St. Andrews Court, Jopps Lane, Aberdeen The Committee was advised that the application had been granted under delegated powers.

7. APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/007 Premises – 164 Morrison Drive, Aberdeen The Committee was advised that the application had been granted under delegated powers.

8. APPLICATION FOR RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/008 Premises – 27H Raeburn Place, Aberdeen The Committee was advised that the application had been grant under delegated powers.

9. APPLICATION FOR RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/009 Premises – 2 Rosebank Terrace, Aberdeen The Committee was advised that the application had been grant under delegated powers.

10 . APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/010 Premises – 43 Belgrave Terrace, Aberdeen The Committee heard from Alastair Thain, Private Sector Housing Manager, that not all the outstanding works had been completed. Thereafter the

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Committee heard from Jamie Craig on behalf of the applicant. He informed the Committee that as of yesterday all works had been completed bar one locking system, which should be done today. Brian McEwan then confirmed that a final inspection of the property has been arranged.

The Committee resolved :- to give delegated powers to grant the application once the works were completed.

11 . APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/011 Premises – Woodend Staff Home, Woodend Hospital, Eday Road, Aberdeen The Committee heard from Alastair Thain, Private Sector Housing Manager, that not all the works had been completed. Thereafter the Committee heard from Gary Mortimer on behalf of NHS Grampian who said that they were looking to have the works completed as soon as possible and that tenders were currently being sought.

The Committee resolved :- to give delegated powers to grant the application once all works are completed and certificates submitted.

12 . APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/012 Premises – Ashgrove House, Aberdeen Royal Infirmary, Foresterhill Road, Aberdeen The Committee heard from Alastair Thain, Private Sector Housing Manager, that not all the works had been completed. Thereafter the Committee heard from Gary Mortimer on behalf of NHS Grampian who said that they were looking to have the works completed as soon as possible and that tenders were currently being sought.

The Committee resolved :- to give delegated powers to grant the application once all works are completed and certificates submitted.

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13 . APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/013 Premises – 75 Jesmond Avenue, Bridge of Don, Aberdeen The Committee heard from Alastair Thain, Private Sector Housing Manager, that not all works had been completed.

The Committee resolved :- to give delegate powers to grant the license once all works are completed and certificates submitted.

14 . APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/014 Premises – Top Floor Flat, 6 Jasmine Place, Aberdeen The Committee was advised that the application had been granted under delegated powers.

15 . APPLICATION FOR RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/015 Premises – First Floor Flat, 35 Kings Crescent, Aberdeen The Committee was advised by Alastair Thain, Private Sector Housing Manager, that not all works had been completed..

The Committee resolved :- to give delegated powers to grant the application once all works are completed and certificates submitted.

16 . APPLICATION FOR RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/016 Premises – 6G Park Road, Aberdeen The Committee was advised that the application had been granted under delegated powers.

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17 . APPLICATION FOR RENEWAL OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/017 Premises – 123A Spital, Aberdeen The Committee was advised that the application had been granted under delegated powers.

18 . APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/018 Premises – Flat C, 380 King Street, Aberdeen The Committee heard from Marion Scott Wilson on behalf of the applicant who explained that the remaining works were being attended to.

The Committee resolved :- to give delegated powers to grant the application once outstanding works had been completed and certificates submitted.

19 . APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/019 Premises – 53 Great Northern Road, Aberdeen In the absence of the applicant, the Committee was advised that there were still outstanding works to be completed.

The Committee resolved :- to give delegated powers to grant the application once all works had been completed and certificates submitted.

20 . APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/020 Premises – 103 Bannermill Place, Aberdeen The Committee was advised that the application had been granted under delegated powers.

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21 . APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION Application Ref No. 3/021 Premises – 176 Skene Street, Aberdeen The Committee heard from Alastair Thain, Private Sector Housing Manager, that there were still outstanding works to be completed. In the absence of the applicant, the Committee decided to defer consideration of the application to a future appropriate meeting of the Committee.

22 . APPLICATION FOR THE GRANT OF A SECOND-HAND DEALERS LICENCE Application Ref No. 3/022 Premises – Aberdeen Antiques Centre, 24 South College Street, Aberdeen The Committee was advised that the application had been granted under delegated powers.

23 . APPLICATION FOR THE RENEWAL OF MARKET OPERATOR’S LICENCE Application Ref No. 3/023 Site – Belmont Street, Little Belmont Street and Gaelic Lane, Aberdeen Times – First and Last Saturday of each month 9am to 6pm The Committee was advised that the application had been granted under delegated powers.

24. APPLICATION FOR THE RENEWAL OF MARKET OPERATORS LICENCE Application Ref No. 3/024 Site – The Courtyard, The Academy and Belmont Street, Aberdeen Times – Monday to Sunday 9am to 10pm The Committee was advised that the application had been granted under delegated powers.

25 . APPLICATION FOR THE GRANT OF A WINDOW CLEANER’S (TEMPORARY) LICENCE Application Ref No. 3/025

In the absence of the applicant,

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The Committee resolved :- to refuse the application.

26 . APPLICATION FOR THE GRANT OF A STREET TRADER’S LICENCE Area – Castlegate, Broad Street, Provost Skene’s House, Netherkirkgate, St. Nicholas Lane, Correction Wynd and The Green Brenda Flaherty, on behalf of the City Solicitor, advised the Committee that this application was on the agenda because of the unusual nature of the application. The Committee then heard from the applicant who explained that they wanted to organise “ghost walks” around the areas listed. The tour would emphasis the history of Aberdeen and the buildings that were passed by along the route.

The Committee resolved :- to grant the application.

27 . APPLICATION FOR THE GRANT OF A STREET TRADER’S (EMPLOYEE) LICENCE Application Ref No. 3/027

The Committee resolved :- to grant the application.

28 . APPLICATION FOR THE GRANT OF A STREET TRADER’S LICENCE Application Ref No. 3/028 Premises – Robert Gordon’s Square, Aberdeen Times –10am to 6pm The Committee heard from the applicant and thereafter,

The Committee resolved :- nd to defer consideration of the application to its meeting to be held on 2 September, 2009 to allow the applicant to submit a detailed plan of the location and obtain a Food Safety Certificate.

29 . APPLICATION FOR THE RENEWAL OF A STREET TRADER’S (HOT FOOD) LICENCE Application Ref No. 3/029 Site – Hareness Road, Altens, Aberdeen (50 metres west of Blackness Road)

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Times – Monday to Sunday 7am to 7pm The Committee was advised that the application had been granted under delegated powers.

30 . APPLICATION FOR THE RENEWAL OF A STREET TRADER’S (HOT FOOD) LICENCE Application Ref No. 3/030 Site – Greenbank Road, East Tullos Industrial Estate, Aberdeen (75 metres east of Greenbank Crescent) Times – Monday to Friday 7am to 3pm Saturday 7am to 12pm The Committee was advised that the application had been granted under delegated powers.

31 . APPLICATION FOR THE RENEWAL OF A STREET TRADER’S (HOT FOOD) LICENCE Application Ref No. 3/031 Site – Crombie Road (North Side, 50 metres east of Crombie Place) Times – Monday to Friday 8am to 2pm The Committee was advised that the application had been granted under delegated powers.

32 . APPLICATION FOR THE RENEWAL OF A STREET TRADER’S (HOT FOOD) LICENCE Application Ref No. 3/032 Site – Minto Drive, Aberdeen (100 metres east of Minto Road) Times – Monday to Sunday 7am to 3pm The Committee was advised that the application had been granted under delegated powers.

33 . APPLICATION FOR THE RENEWAL OF A STREET TRADER’S (GENERAL) LICENCE Application Ref No. 3/033 Zone 5 and Zone 6 Times – Monday to Sunday 11am to 10.30pm The Committee was advised that the application had been granted under delegated powers.

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34 . APPLICATION FOR THE GRANT OF SPECIAL EVENTS PRIVATE HIRE CAR LICENCE Application Ref No. 3/034 Vehicle Registration – D4 LMO The Committee was advised that the application had been withdrawn.

35 . APPLICATION FOR THE GRANT OF A SPECIAL EVENTS PRIVATE HIRE CAR LICENCE Application Ref No. 3/035 Vehicle Registration – L111 FLC The Committee heard from Sergeant Middler, Grampian Police, that the applicant had submitted all the necessary documentation and the only outstanding issue was securing the spare wheel.

In the absence of the applicant,

The Committee resolved :- to give delegated powers to grant the application once this issue had been resolved.

36 . APPLICATION FOR THE GRANT OF A SPECIAL EVENTS PRIVATE HIRE CAR LICENCE Application Ref No. 3/036 Vehicle Registration – L11 FLC The Committee heard from Sergeant Middler, Grampian Police, that the applicant had submitted all the necessary documentation and the only outstanding issue was securing the spare wheel.

In the absence of the applicant,

The Committee resolved :- to give delegated powers to grant the application once this issue had been resolved.

37 . APPLICATION FOR THE GRANT OF A SPECIAL EVENTS PRIVATE HIRE CAR LICENCE Application Ref No. 3/037 Vehicle Registration – GX08 ATZ The Committee was advised that the application had been granted under delegated powers.

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38 . APPLICATION FOR THE GRANT OF A SPECIAL EVENTS PRIVATE HIRE CAR DRIVER’S LICENCE Application Ref No. 3/038 The Committee was advised that the application had been granted under delegated powers.

39 . APPLICATION FOR THE GRANT OF A SPECIAL EVENTS PRIVATE HIRE CAR DRIVER’S LICENCE Application Ref No. 3/039 The Committee was advised that the application had been granted under delegated powers.

40 . APPLICATION FOR THE GRANT OF A SPECIAL EVENTS PRIVATE HIRE CAR DRIVER’S LICENCE Application Ref No. 3/040 The Committee was advised that the application had been granted under delegated powers.

41 . APPLICATION FOR THE GRANT OF A SPECIAL EVENTS PRIVATE HIRE CAR DRIVER’S LICENCE Application Ref No. 3/041 The Committee was advised that the application had been granted under delegated powers.

42 . APPLICATION FOR THE GRANT OF A STREET TRADER’S (HOT FOOD) LICENCE Application Ref No. 3/042 Site – South Esplanade West (200 metres north of Queen Elizabeth Bridge)

Times – Monday to Friday 7.30am to 2pm rd The Committee considered a letter dated 23 March, 2009 from the Chief Constable. Thereafter the Committee heard from Andrew Gilchrist, Senior Authorised Officer that the applicant had now obtained his Food Safety Certificate. Thereafter the Committee heard from the applicant.

The Committee resolved :- to grant the application.

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43 . APPLICATION FOR THE RENEWAL OF A STREET TRADER’S (HOT FOOD) LICENCE Application Ref No. 3/043 Sites – Kirkton Avenue, Dyce, Aberdeen (325 metres east of Pitmedden Road) and Wellheads Crescent, Dyce, Aberdeen (150 south of Wellheads Way)

Times – Monday to Saturday 8am to 5pm th The Committee considered a letter dated 11 April, 2009 from the Chief Constable. Thereafter the Committee heard from the applicant.

The Committee resolved :- to give delegated powers to grant the application on receipt of confirmation that the applicants not guilty plea had been accepted in relation to his pending court case.

44 . APPLICATION FOR THE GRANT OF A STREET TRADER’S (HOT FOOD) (EMPLOYEE) LICENCE Application Ref No. 3/044 In the absence of the applicant, the Committee resolved to refuse the application. The Committee instructed the Legal Manager to write to the Chief Constable to enquire why no one from his organisation was present to speak to the letters of objection for the above three applications.

45. APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE Application Ref No. 3/045 Sergeant Keith Middler, Grampian Police, requested that the Committee consider a letter of objection, not withstanding the fact that it had been provided more than 21 days after the lodging of the application. He explained that there had been difficulty in accessing driver details with DVLA and he had to find an alternative method of checking for any convictions.

The Committee agreed to take the letterth into consideration. Sergeant Middler than spoke to the letter of 27 April, 2009. Thereafter the Committee heard from the applicant.

The Committee resolved :- to give delegated powers to grant the application for a period of 6 months providing the applicant passes his taxi tests.

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46 . APPLICATION FOR THE RENEWAL OF A TAXI DRIVER’S LICENCE Application Ref No. 3/046 In the absence of the applicant,

The Committee resolved :- to refuse the application.

47 . APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE Application Ref No. 3/047 Sergeant Keith Middler, Grampian Police, requested that the Committee consider a letter of objection, not withstanding the fact that it had been provided more than 21 days after the lodging of the application. As stated previously, he has had difficulty in obtaining any record of convictions. The Committee agreed to take the letter into consideration. Sergeant Middler then spoke to the letter of objection. Thereafter the Committee heard from the applicant.

Councillor McCaig, seconded by Councillor Milne moved:- to refuse the application.

Councillor Donnelly, seconded by Councillor Robertson moved as an amendment:- to grant the application for a period of six months.

On a division, there voted:- for the motion (9) – the Convener; and Councillors Allan, Cormack, Dean, Hunter, Kiddie, Leslie, Milne, and John Stewart; for the amendment (2) – Councillors Donnelly and Robertson.

The Committee resolved :- to adopt the motion.

48 . APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE Application Ref No. 3/048 Sergeant Keith Middler, Grampian Police requested that the Committee consider a letter of objection, not withstanding the fact that it has been provided more than 21 days after the lodging of the application. The Committee agreed to take the letter into consideration. Sergeant Middler then spoke to the letter of objection. Thereafter the Committee heard from the applicant.

Page 19 810

LICENSING COMMITTEE 3rd June, 2009

Councillor McCaig, seconded by Councillor Kiddie moved:- to give delegated powers to grant the application for a period of 6 months provided the applicant passes his taxi tests.

Councillor Stewart, seconded by Councillor Dean moved as an amendment:- to refuse the application.

On a division, there voted:- for the motion (8) – the Convener and Councillors Allan, Cormack, Donnelly, Hunter, Kiddie, Milne and Robertson; for the amendment (3) – Councillors Leslie, Dean and John Stewart.

The Committee resolved :- to adopt the motion.

49 . APPLICATION FOR PRIVATE LANDLORD REGISTRATION Application Ref No. 3/049 The Committee heard from Alastair Thain, Public Sector Housing Manager, and thereafter from the applicant

The Committee resolved :- to grant the application.

50 . APPLICATION FOR PRIVATE LANDLORD REGISTRATION Application Ref No. 3/050 The Committee heard from Alastair Thain, Public Sector Housing Manager, that he had received a letter from the applicant advising him that he was unable to attend today’s meeting.

The Committee resolved :- nd to defer consideration of the application to its meeting to be held on 2 September, 2009.

Page 20 Agenda Item 1.2

LICENSING HEARING SUB-COMMITTEE

nd ABERDEEN, 2 June 2009. - Minute of Meeting of the LICENSING HEARING SUB-COMMITTEE. Present : - Councillor McCaig, Convener ; Councillors Boulton and Hunter.

EXEMPT INFORMATION

The Sub-Committee resolved that members of the public and press be excluded from the meeting during discussions of the application on the grounds that there would be disclosure to them of exempt information as defined in Paragraph 14 of Schedule 7A of the Local Government (Scotland) Act 1973.

1. Request for Suspension of Taxi Driver’s Licence No 1114 and Taxi Operator’s Licence No 813

The Sub–Committeeth had before it a letter from the Chief Constable, Grampian Police dated 9 December 2008 requesting suspension of taxi driver’s licence number 1114 and taxi operator’s licence number 813. Having heard submissions on behalf of the licence holder, which were unopposed by the Chief Constable,

The Sub-Committee resolved :- not to suspend the licences.

- COUNCILLOR McCAIG, Convener .

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Page 22 Agenda Item 1.3

SPORTS GROUND ADVISORY WORKING GROUP

ABERDEEN, 22 July, 2009. - Minute of Meeting of the SPORTS GROUND ADVISORY WORKING GROUP. Present :- Chief Superintendent Albert Donald, Grampian Police; Sergeant Salter Watson, Event Planning, Grampian Police; Drew Carr, Area Manager, Scottish Ambulance Service; Kevin Coutts, Enforcement Officer, Grampian Fire and Rescue Service; Caroline Treanor, Solicitor, Office of City Solicitor, Aberdeen City Council; Brenda Flaherty, Legal Manager, Office of City Solicitor, Aberdeen City Council; Gordon Ritchie, Safety Manager, Aberdeen Football Club; John Morgan, Operations Manager, Aberdeen Football Club; Alex Venters, Environmental Health, Aberdeen City Council; David Kidd, Building Standards, Aberdeen City Council; and Grant Tierney, Building Standards, Aberdeen City Council.

PITTODRIE SAFETY CERTIFICATE

1. The Working Group had before them a first draft of the Pittodrie Safety Certificate for discussion.

The Working Group agreed various revisals to said certificate and acknowledged that there was still some minor work to be done before a final version could be approved.

The Working Group agreed :- to submit further comments on the first draft to Caroline Treanor within one calendar month of today’s meeting.

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Page 24 Agenda Item 1.4

SPORTS GROUND ADVISORY WORKING GROUP

ABERDEEN, 20 May, 2009. - Minute of Meeting of the SPORTS GROUND ADVISORY WORKING GROUP. Present :- Chief Superintendent Albert Donald, Grampian Police; Salter Watson, Grampian Police; Iain MacLelland, Grampian Police; Ivor Churcher, Environmental Health, Aberdeen City Council; Gordon Ritchie, Safety Manager, Aberdeen Football Club; John Morgan, Operations Manager, Aberdeen Football Club; Brenda Flaherty, Legal Manager, Aberdeen City Council; and Caroline Treanor, Solicitor, Aberdeen City Council.

The Working Group met this day to discuss primarily the following two issues: firstly, the setting up of the annual safety inspection for Pittodrie Stadium and, secondly, theth impact of the revised Green Guide (Guide to Safety at Sports Grounds 5 edition) on the current general safety certificate in place for Pittodrie Stadium.

INTRODUCTION

1. Brenda Flaherty opened the meeting by thanking all present for their attendance and noting the absence of David Kidd from Building Standards. She indicated that she had circulated the Chief Superintendent’s comments on the changes made in the new green guide. She confirmed that to date only David Kidd from Building Standards had reverted to her with comments from a building standard perspective. Noting David’s absence at the meeting, Ms Flaherty requested attendees whether they would find it helpful to have sight of David’s comments as emailed by him to the licensing team on 28 April 09. The attendees answered in the affirmative and said comments were distributed to each of those in attendance.

GENERAL BACKGROUND INFORMATION AS REITERATED BY GRAMPIAN POLICE

2. Chief Superintendent Albert Donald explained that Sandy Marr’s predecessor got the working group up and running and the group has met several times. The working group essentially comprises of the police and partner services. It ought to report to a group of elected members. He isn’t sure if this still occurs.

The Chief Superintendent also explained that the Green Guide is a national document and a recommendation of goodth practice. Fundamental changes have been brought forward in the new 5 edition. He has spoken formally to the Council because of these changes and suggested that the working group meet to discuss them. He especially has wished to discuss the impact of the

Page 25 2 new changes on the safety certificate and to date the working group has never met.

The Safety Certificate is a document that allows the stadium to operate and is informed by the Green Guide. It is issued by the local authority.

MATTERS RAISED BY GRAMPIAN POLICE IN RELATION TO THE SAFETY CERTIFICATE

3. (A) The Chief Superintendent

The Chief Superintendent indicated that the current safety certificate is out of date and requires re-writing. He stated that it contains irrelevant and inaccurate references. In its current format it cannot be relied upon. He confirmed that the police are not content with it and that it does not accurately reflect the Green Guide changes. He indicated that if things were to go wrong and we were all called to account we wouldn’t come out of it very well. A new safety certificate should be put in place now to ensure public safety. He is concerned that the annual safety inspection is going to be founded on an out of date safety certificate. The current certificate is not consistent with the new Green Guide and it must be updated now to reflect the Guide’s changes.

He explained that the main difference between the police and other members of the group with regards to the safety certificate is that the police are on the ground at the stadium policing the actual event. They see gaps in terms of adherence to the safety certificate. He is very disappointed that the police are policing an event with an out of date safety certificate. He requested specifically that the concerns of Grampian Police in this regard be documented. He stated that the local authority in its capacity as enforcing authority needs to move fast with regards to the updating of the certificate.

The Chief Superintendent also expressed his concerns that the current safety certificate wouldn’t stand up to scrutiny were there to be a public inquiry.

With this in mind, he requested a document in writing from the local authority with words to the effect that the local authority is happy with the safety certificate as it currently stands notwithstanding the fact that it is not in conformity with the green guide.

Chief Superintendent also stated that Grampian police have looked at other local authority safety certificates eg: Glasgow. He indicated that Glasgow have a much more slimmed down version of a safety certificate. Whilst he has reservations with regards to this he conceded this is not a matter for Grampian police. He suggested that perhaps ACC may wish to think about what form the document might take. He certainly does not want to tell AFC that they have no safety certificate in place therefore you cannot play because of the need to protect the public.

Page 26 3

(B) Brenda Flaherty

Ms Flaherty explained legal’s position on the matter. She stated that legal do not have the environmental knowledge/technical expertise therefore cannot query the substance of the certificate. Legal’s role is to produce the actual certificate. She intimated that there have been annual meetings to discuss these issues. Legal are relying on other experts to tell them what needs to go into the certificate. An appropriate officer should be telling legal what ought to be inserted into the certificate.

With regards to the Chief Superintendent’s request for a letter from the local authority that the local authority is happy with the safety certificate as it currently stands notwithstanding the fact that it is not in conformity with the green guide, Ms Flaherty underlined that any such letter would require to be signed by the Chief Executive. She intimated that it would be more prudent use of time if resources were pulled to the drafting of a new certificate.

Ms Flaherty also asked the Chief Superintendent what parts of the safety certificate does he think are not legal.

The Chief Superintendent indicated that part 6(b) page 11 certificate refers to Section 10.21 of the Guide. Section 10.21 of the Guide does not exist. He stated that were there to be a collapse of barriers we couldn’t say the safety certificate is up to date.

Page 13 certificate indicates that section 4 of the Guide alludes to inspections. Section 4 of the new guide refers to stewarding.

He also intimated that there were other fundamental issues that require addressing such as the legislation re the licensing of stewards in the security industry. Pittodrie have obviously had to take steps to comply with this. Page 20 certificate, part 15 refers to stewarding arrangements. He stated that we are in a new era now due to the legislation licensing stewards. Part 15 therefore also needs changing.

The Chief Superintendent also acknowledged that whilst the green guide makes allowances for deviation from its contents via page 15, he indicated that such deviations would have to be by risk assessment. An audit trail would also require to be in place and the local authority would have to agree in writing that such deviations would be permitted.

He indicated that the safety certificate is broad with so many areas of expertise that each agency has a responsibility to ensure that their areas are adhered to. If agencies are not doing this then we must ask why. He also conceded that much of the content of the Green Guide had nothing to do with policing (eg: environmental health/building standards). This is work that is going to take some time led by ACC legal services working in partnership with other agencies.

Page 27 4

(D) John Morgan

Mr Morgan indicated that he feels that AFC have complied with the green guide but that it would be desirable for the guide to be incorporated into the new certificate to bring things up to date. He indicated that AFC will do what various agencies ask them to with regards to safety as safety is the club’s top priority.

He indicated that consistent inspections occur throughout the year in practice therefore part of the inspection is already completed. An annual safety inspection is somewhat of a myth as inspections of the stadium are ongoing throughout the year.

He requested that the legal team obtain comments from the relevant parties and coordinate things.

Mr Morgan also indicated that it would be helpful if AFC could have a document confirming that there is a deviation from the guide but an updated certificate is currently being worked on.

He confirmed that the club would be able to implement David Kidd’s recommendations within a short timeframe. He also requested a document from the Council stating that safety is not being compromised by the club and that other recommendations will be carried out over a period of time.

He also confirmed that the first game of the season is 16 July 2009 and it would be desirable if an updated certificate was in place by then.

(E) Contingency Plan

Mr Morgan confirmed that AFC has a contingency plan in place but that it needs to be updated to include the green guide revisals. This document is currently with AFC and they will update it.

(F) Ivor Churcher

Mr Churcher confirmed that environmental health have looked at the green guide in detail and will forward their comments in a few weeks.

However, part of their inspection is already complete as a food safety inspection has already occurred.

He has requested a risk assessment be updated. Mr Churcher also confirmed that Pittodrie is due for a routing health and safety inspection.

In relation to Mr Morgan’s request for a document confirming that the club is not compromising on safety, Mr Churcher confirmed that he would be happy to provide such a document stating words to the effect that in terms of health and safety the club has always acted upon environmental health’s

Page 28 5 recommendations. As the club complies with health and safety requirements there is no problem here.

The Working Group agreed :- (i) an internal meeting comprising of Council parties will be held asap; and (ii) another meeting of the Working Group will be held sometime in June. The Council parties will come to this meeting with more information following discussion at the internal meeting.

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Page 30

LICENSING

02 SEPTEMBER 2009

COMMITTEE BUSINESS STATEMENT

No. Minute Responsible Report Due Report Reference Committee Decision Update Head(s) of Service (bold Expected depicts (if known) items now outstanding)

1 Licensing How other Councils operate and fund (i) Responses have been requested by end City Solicitor Sept 2009 Committee enforcement activities of taxis and Feb 2009 – None received (i) 23.10.06 private hire cars. (ii) Issue raised at a recent Solar meeting. Article 7 (i) To instruct the City Solicitor to determine Most Council’s do not fund enforcement how other local authorities operate and fund activities by way of the application fee. (ii) 22.04.09 enforcement activities for taxis and private Glasgow do and will write with details

Page 31 Article 2 hire cars and to report to the Committee. (ii) To instruct the City Solicitor to raise the issue at Solar and Cosla 2. Licensing Taxi Stance Review The Committee has received regular Head of Planning & February Committee Instructed officers to provide an interim reports and bulletins on various aspects of Infrastructure, City 2010 05.03.07 progress report to the Committee every 6 taxi stance provision, such as the night Solicitor, Article 6 (B) months. time ranks. Other medium and longer term Neighbourhood 5.03.07 matters are to be examined and proposals Services(Central) are to be brought back to Committee. 3. Taxi Review of Taxi Provision at Airport The Airport Working Group has now City Solicitor Sept 2009 Oct 2009 Consultation To instruct Officers to draft a report on the finished meeting. There was a requirement Group provision of taxis at the airport for an additional meeting of the Working Agenda Item1.5 10.11.08 Group because of unavailability of group Article 7 members. A report will be submitted to Committee on 28 October 2009 4. Licensing Additional Taxi Ranks Officers investigated the possibility of Planning & Dec 2009 Oct 2009 Committee Instructed officers to investigate the creating a rank to service the d Union Infrastructure 03.06.09 possibility of additional taxi ranks in the City Square development/Palmerston Road and Article 9 Centre a report is before the Committee for its information. G:\Apps\CommitteeBusinessStatements\Statement 020909.doc This page is intentionally left blank

Page 32

Agenda Item 3.1 M E M O

Shelter & Environment Housing & Environment th 4 Floor, St.Nicholas House

To Brenda Flaherty, Legal Manager, Resources Management, Town House

From Ally Thain, Private Sector Housing Manager, Housing & Environment Email [email protected] Date 20 August 2009 Tel. 522870 Our Ref. Fax. Your Ref.

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 Application for the Grant of a Licence to Operate a House in Multiple Occupation (HMO) at No.5 Great Southern Road, Aberdeen Applicants: Vanda Dingwall Agent: None stated

I refer to the above HMO Licence application, which is due to be considered by the Licensing Committee at their meeting on 2 September 2009, for the reason that letters of objection have been received by my HMO Unit.

I can advise you as follows:-

The premises:-

The premises to which this HMO Licence application relates is a two-storey, detached house with accommodation comprising of three bedrooms, two public rooms, one kitchen and two bathrooms. The position of the premises is shown on Appendix ‘A’ attached to this memo.

The HMO application:-

The HMO Licence application was received by the Council on 11 May 2009. The HMO Officer visited the premises on 21 May 2009, then he wrote to the applicant on 25 May 2009, listing the following requirements to bring the premises up to HMO standard:-

1. Installation of a fire alarm / fire detection system. 2. All internal doors to be 30-minute fire resistance and fitted with self-closers. 3. The front and rear doors to be fitted with keyless locks. 4. A Fire Action Notice to be displayed. 5. A fire blanket to be installed in the kitchen. 6. All windows to be capable of easy opening for ventilation. 7. All valid gas & electrical safety certificates, the Tenancy Agreement and the Notice for Display – Certificate of Compliance to be submitted to the HMO Unit.

Page 33 All the above-mentioned works and certification requirements have now been satisfactorily met.

Letters of objection:

The applicant submitted the Notice for Display, which states that the application was submitted to the Council on 8 May 2009 and the Notice will remain in position for 21 days. Letters of objection were submitted by the following persons;-

1. T.Kinloch, 9 Great Southern Road, Aberdeen. Received by HMO Unit on 15 May 2009 (letter attached as appendix ‘B’). 2. Mr & Mrs J.Keith, 13 Great Southern Road, Aberdeen. Received by HMO Unit on 25 May 2009 (letter attached as appendix ‘C’).

Other considerations:- • The Chief Constable, Grampian Police, has been consulted in respect of the applicant’s suitability as a " fit and proper person", and has made no comments or objections.

• Grampian Fire & Rescue Service has been consulted in respect of the suitability of the property, and has made no comments or objections.

• At the date of this memo, the Council’s Antisocial Behaviour Investigation Team has no record of any complaint in respect of No.5 Great Southern Road, Aberdeen.

• At the date of this memo, the applicant and her property are registered with the Landlord Registration scheme.

• The applicant has requested a maximum occupancy of 6 tenants, which is acceptable to the HMO Unit in terms of space requirements. However the applicant must also apply for and obtain Planning Permission Change of Use.

I trust the above explains the position. Please contact me on x2870 if you wish to discuss any of the above.

Ally Thain Private Sector Housing Manager

Page 34

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Page 36

Agenda Item 3.2 M E M O

Shelter & Environment Housing & Environment th 4 Floor, St.Nicholas House

To Brenda Flaherty, Legal Manager, Resources Management, Town House

From Ally Thain, Private Sector Housing Manager, Housing & Environment Email [email protected] Date 20 August 2009 Tel. 522870 Our Ref. Fax. Your Ref.

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 Application for the Grant of a Licence to Operate a House in Multiple Occupation (HMO) at No.21 Sunnybank Road, Aberdeen Applicants: Fiona Margaret Boyd Agent: None stated

I refer to the above HMO Licence application, which is due to be considered by the Licensing Committee at their meeting on 2 September 2009, for the reason that a letter of objection has been received by my HMO Unit.

I can advise you as follows:-

The premises:- The premises to which this HMO Licence application relates is a two-storey, detached house with accommodation comprising of four bedrooms, one public room, one kitchen and one bathroom. The position of the premises is shown on Appendix ‘A’ attached to this memo.

The HMO application:- The HMO Licence application was received by the Council on 29 June 2009. The HMO Officer visited the premises on 2 July 2009, then he wrote to the applicant on 14 July 2009, listing the following requirements to bring the premises up to HMO standard:- 1. Installation of a fire alarm / fire detection system. 2. All internal doors to be 30-minute fire resistance and fitted with self-closers. 3. The kitchen door & doorframe to be reinstated. 4. The front and rear doors to be fitted with keyless locks. 5. A Fire Action Notice to be displayed. 6. A fire blanket to be installed in the kitchen. 7. All windows to be capable of easy opening for ventilation. 8. All valid gas & electrical safety certificates, the Tenancy Agreement and the Notice for Display – Certificate of Compliance to be submitted to the HMO Unit.

At the date of this memo, the applicant has not requested a final inspection therefore it must be assumed that the above-mentioned works are ongoing.

Page 37

Letter of objection:

The applicant submitted the Notice for Display-Certificate of Compliance, which states that the Notice for Display was displayed between 28 June 2009 – 24 July 2009. A letter of objection from Mr J.P.Whyte, 25 Sunnybank Road, Aberdeen, was received by the HMO Unit on 15 July 2009 (letter attached as appendix ‘B’).

Mr Whyte’s letter mentions the adjoining properties being operated as HMOs. I have no record of HMO Licence applications for these properties having been submitted or granted, nor are any of the properties registered on the Landlord Registration database, therefore I have written to the owners of these properties advising them of the HMO and Landlord Registration requirements.

Other considerations:- • The Chief Constable, Grampian Police, has been consulted in respect of the applicant’s suitability as a " fit and proper person", and has made no comments or objections.

• Grampian Fire & Rescue Service has been consulted in respect of the suitability of the property, and has made no comments or objections.

• At the date of this memo, the Council’s Antisocial Behaviour Investigation Team has no record of any complaint in respect of No.21 Sunnybank Road, Aberdeen.

• At the date of this memo, the applicant and her property are not registered with the Landlord Registration scheme. The applicant can either register now or await the outcome of her HMO Licence application. Should an HMO Licence be granted, the applicant will be passported onto the Landlord Registration database.

• The applicant has requested a maximum occupancy of 4 tenants, which is acceptable to the HMO Unit in terms of space requirements.

I trust the above explains the position. Please contact me on x2870 if you wish to discuss any of the above.

Ally Thain Private Sector Housing Manager

Page 38

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Page 40

Agenda Item 3.3 M E M O

Shelter & Environment Housing & Environment th 4 Floor, St.Nicholas House

To Brenda Flaherty, Legal Manager, Resources Management, Town House

From Ally Thain, Private Sector Housing Manager, Housing & Environment Email [email protected] Date 20 August 2009 Tel. 522870 Our Ref. Fax. Your Ref.

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 Application for the Grant of a Licence to Operate a House in Multiple Occupation (HMO) at No. 18 Orchard Road, Aberdeen Applicants: Catriona Grace Hepburn Agent: None stated

I can advise you as follows:-

The premises:- The premises to which this HMO Licence application relates is a three-storey, terraced house with accommodation comprising of three bedrooms, two public rooms, one kitchen and three bathrooms. The position of the premises is shown on Appendix ‘A’ attached to this memo.

The HMO application:- The HMO Licence application was received by the Council on 6 May 2009. The HMO Officer visited the premises on 14 May 2009, then he wrote to the applicant on 15 May 2009, listing the following requirements to bring the premises up to HMO standard:- 1. Installation of a fire alarm / fire detection system. 2. All internal doors to be 30-minute fire resistance and fitted with self-closers. 3. The front and rear doors to be fitted with keyless locks. 4. A Fire Action Notice to be displayed. 5. A fire blanket to be installed in the kitchen. 6. All windows to be capable of easy opening for ventilation. 7. All valid gas & electrical safety certificates, the Tenancy Agreement and the Notice for Display – Certificate of Compliance to be submitted to the HMO Unit.

At the date of this memo, the applicant has not requested a final inspection therefore it must be assumed that the above-mentioned works are ongoing.

Page 41 Letter of objection:

The applicant submitted the Notice for Display-Certificate of Compliance, which states that the Notice for Display was displayed between 5 May 2009 – 2 June 2009. A letter of objection from Mr B.Sandison, 16 Orchard Road, Aberdeen, was received by the HMO Unit on 22 May 2009. The letter was countersigned by Mr J.Sim, 10 Orchard Road, Aberdeen, and Ms I.Campbell, 20 Orchard Road, Aberdeen (letter attached as appendix ‘B’).

The letter of objection mentions several HMOs in Orchard Road, Aberdeen. My records show that the owners of Nos.8, 12, 13, 14 & 15 Orchard Road, currently hold HMO licences. The map attached to the letter of objection highlights another four ‘alleged’ HMOs. I have no record of HMO Licence applications for the two properties in Orchard Road, having been submitted or granted, although one property is registered on the Landlord Registration database. The remaining two properties are on King Street, although they will need to be properly identified. As soon as the addresses are confirmed, I will write to the owners of these four properties advising them of the HMO and Landlord Registration requirements.

Other considerations:- • The Chief Constable, Grampian Police, has been consulted in respect of the applicant’s suitability as a " fit and proper person", and has made no comments or objections.

• Grampian Fire & Rescue Service has been consulted in respect of the suitability of the property, and has made no comments or objections.

• At the date of this memo, the Council’s Antisocial Behaviour Investigation Team has no record of any complaint in respect of No.18 Orchard Road, Aberdeen.

• The applicant has requested a maximum occupancy of 4 tenants, which is acceptable to the HMO Unit in terms of space requirements.

I trust the above explains the position. Please contact me on x2870 if you wish to discuss any of the above.

Ally Thain Private Sector Housing Manager

Page 42

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Page 44

Agenda Item 3.4 M E M O

Shelter & Environment Housing & Environment th 4 Floor, St.Nicholas House

To Brenda Flaherty, Legal Manager, Resources Management, Town House

From Ally Thain, Private Sector Housing Manager, Housing & Environment Email [email protected] Date 20 August 2009 Tel. 522870 Our Ref. Fax. Your Ref.

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 Application for the Grant of a Licence to Operate a House in Multiple Occupation (HMO) at No.53 Great Northern Road, Aberdeen Applicants: William Stuart Wilson Agent: None stated

I refer to the above HMO Licence application which was considered by the Licensing Committee at it’s meeting on 3 June 2009 for the reason that all works and certification requirements had not been met. The Licensing Committee resolved “ to give delegated powers to grant the licence once all works are completed and certificates submitted .” A copy of the Committee report is attached as appendix ‘A’.

Following the Licensing Committee on 3 June 2009, I wrote to the applicant advising him of the Committee’s decision and also advising him that “ failure to meet all the HMO requirements by 2 September 2009 will result in your HMO Licence application being reconsidered by the Licensing Committee at it’s meeting on 2 September 2009. If that occurs, I will be recommending that the Committee refuses your application .”

The HMO Licence application was received by the Council on 20 October 2008, and the Council, by law, must determine the application within one year of receiving it, ie. No later than 19 October 2009, failing which the application will become deemed to be approved. The meeting of the Licensing Committee on 2 September 2009 is the last meeting before the one-year period elapses.

Recommendation: Unless all works and certification requirements have been satisfactorily met by close of business on 1 September 2009, I recommend that the Licensing Committee refuses the application.

I trust the above explains the position. Please contact me on x2870 if you wish to discuss any of the above.

Ally Thain Private Sector Housing Manager

Page 45

Appendix A

M E M O

Shelter & Environment Neighbourhood Services (South Area) th 4 Floor, St Nicholas House

To Brenda Flaherty, Legal Manager, Legal Services, Town House

From Ally Thain, Private Sector Housing Manager, Environmental Protection, N.S.(South Area) Email [email protected] Date 21 May 2009 Tel. 01224 522870 Our Ref. Fax. 01224 647333 Your Ref.

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 Application for the Grant of a Licence to Operate a House in Multiple Occupation (HMO) at No.53 Great Northern Road, Aberdeen Applicants: William Stuart Wilson Agent: None stated APPENDIX ‘A’

I refer to the above HMO Licence application, which is due to be considered by the Licensing Committee at their meeting on 3 June 2009, for the reason that the works and certification requirements have not been met.

I can advise you as follows:-

The premises:-

The premises to which this HMO Licence application relates is an upper-floor maisonette with accommodation comprising of three bedrooms, one living-room, one kitchen and one bathroom. The position of the premises is shown on Appendix ‘A’ attached to this memo.

The HMO application:-

The HMO Licence application was submitted to the Council on 20 October 2008. The HMO Officer visited the premises on 17 November 2008, then he wrote to the applicants on 17 November 2008, listing the following requirements to bring the premises up to HMO standard:- 1. Installation of a fire alarm / fire detection system. 2. Installation of 30-minute fire-resistant room doors fitted with self-closers. 3. The maisonette entrance door must be refitted with a keyless lock. 4. A Fire Action Notice to be displayed. 5. A fire blanket to be installed in the kitchen. 6. Additional electric sockets must be installed in the attic bedroom. 7. Several areas of dampness within the property must be eradicated. 8. All valid gas & electrical safety certificates, the Tenancy Agreement and the Notice for Display-Certificate of Compliance to be submitted to the HMO Unit. 9.

Page 46

Appendix A

The HMO Officer wrote to the applicant on 1 May 2009 and advised that unless all requirements had been satisfactorily completed by 15 May 2009, the matter may be referred to the Licensing Committee for consideration. At the date of this memo, all requirements have not been met.

Other considerations:- • The Chief Constable, Grampian Police, has been consulted in respect of the applicant’s suitability as a " fit and proper person", and has made no comments or objections.

• Grampian Fire & Rescue Service has been consulted in respect of the suitability of the property, and has made no comments or objections.

• At the date of this memo, the Council’s Antisocial Behaviour Investigation Team has no record of any complaint in respect of No.53 Great Northern Road, Aberdeen.

• At the date of this memo, the applicant and his property are registered with the Landlord Registration scheme.

• As mentioned above, the Council received the HMO Licence application on 20 October 2008. The Council must determine the application no later than 19 October 2009, otherwise the application will become deemed to be approved, which the Council must strive to avoid. If necessary, the application can be deferred until the Licensing Committee meets again on 2 September 2009, at the latest.

I trust the above explains the position. Please contact me on x2870 if you wish to discuss any of the above.

Ally Thain Private Sector Housing Manager

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Page 48

Agenda Item 3.5 M E M O

Shelter & Environment Housing & Environment th 4 Floor, St.Nicholas House

To Brenda Flaherty, Legal Manager, Resources Management, Town House

From Ally Thain, Private Sector Housing Manager, Housing & Environment Email [email protected] Date 20 August 2009 Tel. 522870 Our Ref. Fax. Your Ref.

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 Application for the Grant of a Licence to Operate a House in Multiple Occupation (HMO) at No.75 Jesmond Avenue, Bridge of Don, Aberdeen Applicants: Colin Stewart Meldrum Agent: None stated

The HMO Licence application was received by the Council on 25 September 2008, and the Council, by law, must determine the application within one year of receiving it, ie. No later than 24 September 2009, failing which the application will become deemed to be approved. The meeting of the Licensing Committee on 2 September 2009 is the last meeting before the one-year period elapses.

I trust the above explains the position. Please contact me on x2870 if you wish to discuss any of the above.

Ally Thain Private Sector Housing Manager

Page 49

Appendix A M E M O

Shelter & Environment Neighbourhood Services (South Area) th 4 Floor, St Nicholas House

To Brenda Flaherty, Legal Manager, Legal Services, Town House

From Ally Thain, Private Sector Housing Manager, Environmental Protection, N.S.(South Area) Email [email protected] Date 21 May 2009 Tel. 01224 522870 Our Ref. Fax. 01224 647333 Your Ref.

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 Application for the Grant of a Licence to Operate a House in Multiple Occupation (HMO) at No.75 Jesmond Avenue, Bridge of Don, Aberdeen Applicants: Colin Stewart Meldrum Agent: None stated APPENDIX ‘A’

I can advise you as follows:-

The premises:- The premises to which this HMO Licence application relates is a two-storey, end-terraced house with accommodation comprising of three bedrooms, two public rooms, one kitchen, one bathroom and one cloakroom/WC. The position of the premises is shown on Appendix ‘A’ attached to this memo.

The HMO application:- The HMO Licence application was submitted to the Council on 25 September 2008. The HMO Officer visited the premises on 7 October 2008, then he wrote to the applicant on 7 October 2008, listing the following requirements to bring the premises up to HMO standard:- 1. Installation of a fire alarm / fire detection system. 2. Installation of 30-minute fire-resistant room doors fitted with self-closers. 3. The house entrance doors must be refitted with keyless locks. 4. A Fire Action Notice to be displayed. 5. A fire blanket to be installed in the kitchen. 6. Windows in all rooms to be capable of easy opening for ventilation. 7. One additional electric socket to be installed in the front bedroom. 8. A mechanical extractor fan to be in stalled in the cloakroom/WC. 9. All valid gas & electrical safety certificates, and the Notice for Display-Certificate of Compliance to be submitted to the HMO Unit.

Page 50

Appendix A

The HMO Officer wrote to the applicant on 29 April 2009 and advised that unless all requirements had been satisfactorily completed by 15 May 2009, the matter may be referred to the Licensing Committee for consideration. At the date of this memo, all requirements have not been met.

Other considerations:- • The Chief Constable, Grampian Police, has been consulted in respect of the applicant’s suitability as a " fit and proper person", and has made no comments or objections.

• Grampian Fire & Rescue Service has been consulted in respect of the suitability of the property, and has made no comments or objections.

• At the date of this memo, the Council’s Antisocial Behaviour Investigation Team has no record of any complaint in respect of No.75 Jesmond Avenue, Bridge of Don, Aberdeen.

• At the date of this memo, the applicant and his property are registered with the Landlord Registration scheme.

• As mentioned above, the Council received the HMO Licence application on 25 September 2008. The Council must determine the application no later than 24 September 2009, otherwise the application will become deemed to be approved, which the Council must strive to avoid. If necessary, the application can be deferred until the Licensing Committee meets again on 2 September 2009, at the latest.

I trust the above explains the position. Please contact me on x2870 if you wish to discuss any of the above.

Ally Thain Private Sector Housing Manager

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Page 52

Agenda Item 3.7 M E M O

Shelter & Environment Housing & Environment th 4 Floor, St.Nicholas House

To Brenda Flaherty, Legal Manager, Resources Management, Town House

From Ally Thain, Private Sector Housing Manager, Housing & Environment Email [email protected] Date 20 August 2009 Tel. 522870 Our Ref. Fax. Your Ref.

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 Application for the Renewal of a Licence to Operate a House in Multiple Occupation (HMO) at No.35 Kings Crescent, Aberdeen Applicants: Nicholas Mockett Agent: None stated

The HMO Licence application was received by the Council on 29 September 2008, and the Council, by law, must determine the application within one year of receiving it, i.e. No later than 28 September 2009, failing which the application will become deemed to be approved. The meeting of the Licensing Committee on 2 September 2009 is the last meeting before the one-year period elapses.

Recommendation:

Unless all works and certification requirements have been satisfactorily met by close of business on 1 September 2009, I recommend that the Licensing Committee refuses the application.

I trust the above explains the position. Please contact me on x2870 if you wish to discuss any of the above.

Ally Thain Private Sector Housing Manager

Page 53 Appendix A

M E M O

Shelter & Environment Neighbourhood Services (South Area) th 4 Floor, St Nicholas House

To Brenda Flaherty, Legal Manager, Legal Services, Town House

From Ally Thain, Private Sector Housing Manager, Environmental Protection, N.S.(South Area) Email [email protected] Date 21 May 2009 Tel. 01224 522870 Our Ref. Fax. 01224 647333 Your Ref.

I can advise you as follows:-

The premises:- The premises to which this HMO Licence application relates is a first-floor flat with accommodation comprising of three bedrooms, one living-room, one kitchen and one bathroom. The position of the premises is shown on Appendix ‘A’ attached to this memo.

The HMO application:- The HMO Licence application was submitted to the Council on 29 September 2008. The HMO Officer visited the premises on 17 December 2008, then he wrote to the applicant on 17 December 2008, listing the following requirements to bring the premises up to HMO standard:- 1. Installation of a fire alarm / fire detection system. 2. Installation of 30-minute fire-resistant room doors fitted with self-closers. 3. The flat entrance door must be refitted with a keyless lock. 4. A Fire Action Notice to be displayed. 5. Windows in all rooms to be capable of easy opening for ventilation. 6. All valid gas & electrical safety certificates, the Tenancy Agreement and the Notice for Display-Certificate of Compliance to be submitted to the HMO Unit.

Page 54 Appendix A

Other considerations:- • The Chief Constable, Grampian Police, has been consulted in respect of the applicant’s suitability as a " fit and proper person", and has made no comments or objections.

• Grampian Fire & Rescue Service has been consulted in respect of the suitability of the property, and has made no comments or objections.

• At the date of this memo, the Council’s Antisocial Behaviour Investigation Team has no record of any complaint in respect of the first-floor flat at No.35 Kings Crescent, Aberdeen.

• At the date of this memo, the applicant and his property are registered with the Landlord Registration scheme.

• As mentioned above, the Council received the HMO Licence application on 29 September 2008. The Council must determine the application no later than 28 September 2009, otherwise the application will become deemed to be approved, which the Council must strive to avoid. If necessary, the application can be deferred until the Licensing Committee meets again on 2 September 2009, at the latest.

I trust the above explains the position. Please contact me on x2870 if you wish to discuss any of the above.

Ally Thain Private Sector Housing Manager

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Page 56

Agenda Item 3.8 M E M O

Shelter & Environment Housing & Environment th 4 Floor, St.Nicholas House

To Brenda Flaherty, Legal Manager, Resources Management, Town House

From Ally Thain, Private Sector Housing Manager, Housing & Environment Email [email protected] Date 20 August 2009 Tel. 522870 Our Ref. Fax. Your Ref.

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 Application for the Grant of a Licence to Operate a House in Multiple Occupation (HMO) at Woodend Staff Home, Woodend Hospital, Aberdeen Applicants: NHS Grampian Agent: Marion Barclay, Accommodation Officer, NHS Grampian

Following the Licensing Committee on 3 June 2009, I wrote to the applicants advising them of the Committee’s decision and also advising that “ failure to meet all the HMO requirements by 2 September 2009 will result in your HMO Licence application being reconsidered by the Licensing Committee at it’s meeting on 2 September 2009. If that occurs, I will be recommending that the Committee refuses your application .”

The HMO Licence application was received by the Council on 21 October 2008, and the Council, by law, must determine the application within one year of receiving it, ie. No later than 20 October 2009, failing which the application will become deemed to be approved. The meeting of the Licensing Committee on 2 September 2009 is the last meeting before the one-year period elapses.

I trust the above explains the position. Please contact me on x2870 if you wish to discuss any of the above.

Ally Thain Private Sector Housing Manager

Page 57

APPENDIX A M E M O

Shelter & Environment Neighbourhood Services (South Area) th 4 Floor, St Nicholas House

To Brenda Flaherty, Legal Manager, Legal Services, Town House

From Ally Thain, Private Sector Housing Manager, Environmental Protection, N.S.(South Area) Email [email protected] Date 21 May 2009 Tel. 01224 522870 Our Ref. Fax. 01224 647333 Your Ref.

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 Application for the Grant of a Licence to Operate a House in Multiple Occupation (HMO) at Woodend Staff Home, Woodend Hospital, Aberdeen Applicants: NHS Grampian Agent: Marion Barclay, Accommodation Officer, NHS Grampian APPENDIX ‘A’

I can advise you as follows:-

The premises:- The premises to which this HMO Licence application relates is a three-storey, NHS staff accommodation block with accommodation comprising of 122 bedrooms, 4 public rooms, 3 kitchen and 20 bathrooms. The position of the premises is shown on Appendix ‘A’ attached to this memo.

The HMO application:- The HMO Licence application was submitted to the Council on 21 October 2008. The HMO Officer visited the premises on 20 January 2009, then he wrote to the applicants on 30 January 2009, listing the requirements to bring the premises up to HMO standard. The letter is attached as appendix ‘B’.

Following the issue of the HMO Officer’s letter, Pete Leonard, Corporate Director for Neighbourhood Services (Central Area), received a letter from Eric Murray, Director of Facilities, NHS Grampian, querying the Council’s involvement in fire safety matters as it related to the HMO Licence application. Mr Murray’s letter is attached as appendix ‘C’.

Gordon McIntosh, Corporate Director for Neighbourhood Services (South Area), replied to Mr Murray’s letter on 13 March 2009, explaining why the Council’s HMO requirements included fire safety matters. The letter of reply is attached as appendix ‘D’.

Mr Murray wrote to Gordon McIntosh on 2 April 2009, again querying the Council’s involvement in fire safety matters but giving an assurance that all requirements would be met by March 2010 at the latest. The letter is attached as appendix ‘E’.

Page 58

APPENDIX A

The HMO Officer wrote to Marion Barclay, Accommodation Officer, NHS Grampian, on 5 May 2009 and advised that unless all requirements had been satisfactorily completed by 15 May 2009, the matter may be referred to the Licensing Committee for consideration. There followed an exchange of e-mails between Norrie Steed, Head of Service Shelter & Environment, and Garry Mortimer, NHS Grampian Estates Manager, which culminated in Garry Mortimer’s e-mail of 8 May 2009 confirming:- “Further to our telephone conversation this afternoon, I can confirm that the necessary work will be complete by 2nd September 2009. As discussed, this delay is due to procurement, delivery and installation of fire rated doors which have been funded from our 09/10 allocation. I will communicate with ACC as soon as this work is complete so that a further inspection can be arranged.”

Other considerations:- • The Chief Constable, Grampian Police, has been consulted in respect of the applicants’ suitability as a " fit and proper person", and has made no comments or objections.

• Grampian Fire & Rescue Service has been consulted in respect of the suitability of the property, and has made no comments or objections.

• At the date of this memo, the Council’s Antisocial Behaviour Investigation Team has no record of any complaint in respect of Woodend Staff Home, Aberdeen.

• At the date of this memo, NHS Grampian is registered with the Landlord Registration scheme, however their Woodend Staff Home premises are not registered. They will therefore require to register their premises.

• As mentioned above, the Council received the HMO Licence application on 21 October 2008. The Council must determine the application no later than 20 October 2009, otherwise the application will become deemed to be approved, which the Council must strive to avoid. If necessary, the application can be deferred until the Licensing Committee meets again on 2 September 2009, at the latest.

I trust the above explains the position. Please contact me on x2870 if you wish to discuss any of the above.

Ally Thain Private Sector Housing Manager

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Page 82 Exempt information as described in paragraph(s) 14 of Schedule 7A Agenda Item 3.34 of the Local Government (Scotland) Act 1973.

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Page 92 Agenda Item 4. ABERDEEN CITY COUNCIL

COMMITTEE Licensing DATE 2 September 2009

DIRECTOR OF CORPORATE GOVERNANCE Stewart Carruth

TITLE OF REPORT : SPACE SAVER WHEELS

1. PURPOSE OF REPORT

To advise members on a general proposal submitted by the taxi trade at the Taxi Consultation Group on 18 May 2009 that the current practice prohibiting the use of space saver wheels by taxi and private hire vehicle drivers be overturned to allow the use of said wheels.

2. RECOMMENDATION(S)

That the Committee overturn the current practice prohibiting the use of space saver wheels and allow the use of said wheels by taxi and private hire drivers in certain circumstances and under specified conditions as detailed in appendix 1.

3. FINANCIAL IMPLICATIONS

It is anticipated that taxi drivers’ use of space saver wheels shall constitute a more cost effective measure than current practice permits. Presently, taxi drivers are required to remove space saver wheels which are already fitted in a vehicle by the manufacturer and purchase an additional, standard size spare wheel at their own expense. The permitted use of space saver wheels is therefore likely to save taxi drivers this additional expense.

No financial implications arise from the Council’s perspective.

4. SERVICE & COMMUNITY IMPACT

None

5. OTHER IMPLICATIONS

Any health and safety concern(s) that could arise in relation to the use of space saver wheels (see para 6.5 below) by taxi drivers ought to dissipate if the use of said wheels is in accordance with the specified conditions and under the circumstances as detailed in appendix 1

Page 93

6. REPORT

6.1 It was suggested by the members of the trade at the Taxi Consultation Group meeting on 18 May 2009 that the Committee consider overturning current practice prohibiting the use of space saver wheels by taxi drivers and allow their use in certain circumstances.

6.2 A space saver wheel is of a different construction in comparison to regular spare wheels and is the recognised industry standard supplied in new vehicles by manufacturers.

6.3 Space saver wheels usually have a narrower width than conventional tyres and their general durability is inferior to that of conventional tyres. They are generally recognised as a ‘get you home’ interim solution in the event of tyre puncture or other failure that may render a vehicle immobile. Because space saver wheels are not as robust as conventional wheels, manufacturers’ general guidelines are that they must only be used for as short a distance as possible until a driver reaches a destination where he or she may fit the vehicle with a conventional tyre. It is a UK legal requirement that space saver wheels cannot be used beyond the speed of 50 miles per hour. However, if they are used in accordance with manufacturers’ guidelines, they are recognised as being safe.

6.4 The general reason taxi drivers wish to use space saver wheels instead of conventional wheels is primarily cost effectiveness. Currently, due to the prohibition on the use of space saver wheels, drivers are required to remove manufacturers’ pre fitted space saver wheels and purchase, at their own expense, a traditional wheel to be fitted in their vehicle. It is also generally recognised that the current policy prohibiting the use of space saving wheels is not consistent with modern car manufacturing (i.e. virtually every new car is now fitted with a space saving wheel). The Taxi Inspector has also indicated his support for the use of space saver wheels subject to certain conditions as detailed in appendix 1.

6.5 Current safety issues in relation to the use of space saver wheels could be that, when a space saver wheel is in operation, dissimilar tyres are obviously fitted on the vehicle at the same time. The handling and control of that vehicle could therefore become less predictable. For this reason, a condition of the use of space saver wheels would be that said wheels can only be used strictly in accordance with the manufacturers’ guidance and under the conditions specified in appendix 1.

6.6 It is recognised that there could be enforcement issues with the use of space saver wheels. For example, whilst in operation, it perhaps could be difficult to ascertain whether a taxi driver is using a space saver wheel as an interim measure (perhaps en route to his or her home or a garage to obtain and fit a traditional wheel) and is not, for example, operating as a taxi and ‘plying for hire’. It is considered that enforcement issues for space saver spare wheels are no different than other enforcement issues, eg if a taxi is operating with a bald tyre. There will also be an element of self 2 Page 94

policing in that a taxi driver stationary at a taxi rank with a space saver wheel in use will be highly visible to other taxi drivers who could report the alleged offender to the Committee.

6.7 Thisth report was discussed and approved at the Taxi Consultation Group on 17 August 2009.

AUTHORISED SIGNATURE Stewart Carruth Director of Corporate Governance email: [email protected] Tel No: 01224 522671

6 REPORT AUTHOR DETAILS Caroline Treanor Solicitor email: [email protected] Tel No: 01224 (52)3173

7 BACKGROUND PAPERS The Civic Government (Scotland) Act 1982 and The Conditions applicable to taxi licences (airport zone; city zone and private hire vehicles)

3 Page 95

Appendix 1

CONDITIONS OF USE FOR SPACE SAVER WHEELS

1. Space saver wheels shall be by used by drivers at all times in accordance with relevant manufacturers’ guidelines and instructions.

2. A taxi driver shall not at any time allow his or her vehicle to operate as a taxi by him or her or by any other person whilst a space saver wheel is fitted and in use in his or her vehicle.

3. Operating as a taxi shall include but not necessarily be limited to the following:

(a) The carrying of a fee paying passenger(s) in the vehicle whether that vehicle is in motion or not; (b) Driving or remaining stationary with the roof sign indicating availability for hire or giving the intention of being available for hire.

4. If a passenger(s) is seated in a taxi and the driver of that taxi requires to fit and/or use a space saver wheel, that taxi driver shall cease that journey immediately.

5. (1) Upon the cessation of a journey in accordance with condition 4 above, a taxi driver shall take all reasonable steps to ensure the safe passage of his or her passenger(s), to their original, agreed destination.

(2) Said reasonable steps shall include the following:

(a) The arrangement, as soon as possible from the time the journey has ceased, for another taxi to drive the passenger(s) to their original, agreed destination

6. Upon cessation of a journey as per condition 4 above, the driver shall remove his or her roof sign from the vehicle so as not to give or appear to give, the impression that the vehicle in question is available for hire at any time.

4 Page 96 Agenda Item 6.

ABERDEEN CITY COUNCIL

nd COMMITTEE Licensing DATE: 2 September 2009

CORPORATE DIRECTOR: Stewart Carruth

TITLE OF REPORT: Proposed Taxi Rank to Service Union Square Development

1. PURPOSE OF REPORT

To advise Members of the viability of locating a taxi rank in the new Union Square development

2. RECOMMENDATION(S)

That the situation with regard to taxi provision at Union Square continues to be monitored

3. FINANCIAL IMPLICATIONS

None

4. SERVICE & COMMUNITY IMPACT

To assist the Council and the Taxi Trade in providing a quality service to the public

5. OTHER IMPLICATIONS

There are no implications for the Council in adopting the above mentioned recommendations.

6. REPORT

rd 6.1 The Licensing Committee resolved at their meeting on 3 June 2009 to investigate taxi provision at Union Square following a request from the Taxi Consultation Group.

G/Apps/Reports/062PC Page 97

Officers were asked to investigate the situation and specifically to find out whether or not a rank could be located at Palmerston Road (to the south of the Union Square car park area).

Officers in Shelter and Environment and Planning and Infrastructure advised that provision for taxis had been agreed with the developers (Hammerson) in relation to their Union Square development. Alternatives at Guild Street, Market Street and Wapping Street were also looked at.

6.2 Palmerston Road was investigated as a potential location for a taxi rank. Palmerston Road is located some distance from the main entrances to the Union Square development and as such is somewhat isolated from the development, the location itself is poorly lit, quiet at night, and is often polluted with debris from the fish markets, making the location an unattractive alternative for customers. For these reasons Palmerston Road was not deemed a suitable location for a taxi rank.

6.3 Guild Street, Market Street and Wapping Street were investigated as alternative locations. Guild Street and Market Street are main roads and it is not appropriate to locate taxi stances on such roads because of a) safety concerns, and b) the installation of a taxi rank on any of these heavily used thoroughfares would impede traffic flows thereby leading to congestion. Wapping Street is located some distance from the Union Square development and the existing railway station taxi rank could potentially be a preferable choice for a laden shopper.

6.4 Plans for the Union Square development were approved over ten years ago. Hammerson took over from the developer who initially negotiated the development deal. Therefore, due to the passage of time it is difficult to ascertain if there was discussion in relation to taxi stances/ranks.

Following full discussion it was determined that the only feasible option would be for Hammerson to provide a location for a taxi rank within their own car park.

Subsequent to that Hammerson was contacted. Hammerson is still considering its options in relation to provision of taxi services at Union Square and their representatives have been in constant contact with representatives of the taxi trade in this regard. It is understood that Hammerson may soon approve taxi provisions for the development.

6.5Union Square is a private commercial development on privately owned land. The Council as the Licensing Authority has no authority to establish a rank at Union Square. Hammerson has indicated that it is aware of the necessity for taxi provision at Union Square and it is engaging the taxi trade with the intention of implementing measures to provide a taxi service to and from the development.

6.6 This reportth was submitted to the Taxi/Private Hire Consultation Group meeting on 17 August 2009 and approved.

G/Apps/Reports/062PC Page 98

7. AUTHORISED SIGNATURE

Stewart Carruth (Corporate Director) Corporate Governance Email: [email protected] Tel No: 01224 (52)2671

8. REPORT AUTHOR DETAILS

Brenda Flaherty Legal Manager Licensing Team

Email: [email protected]

Tel No: 01224 (52)2624

9. BACKGROUND PAPERS

Civic Government (Scotland) Act 1982, section 19 (Taxi Stances)

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Page 100 Agenda Item 7.

ABERDEEN CITY COUNCIL

nd COMMITTEE : Licensing DATE: 2 September 2009

CORPORATE DIRECTOR: Stewart Carruth

TITLE OF REPORT: Family Saloon Car Partnership (Taxi Licensing)

1. PURPOSE OF REPORT

To advise Members of the legal issues in relation to taxi licences which are held in the name of a partnership

2. RECOMMENDATION(S)

It is recommended that the Committee refuse the applicants requests to retain a saloon car on their new licence rather than providing a Wheelchair Accessible vehicle.

3. FINANCIAL IMPLICATIONS

There are no other implications

4. SERVICE & COMMUNITY IMPACT

Introducing wheelchair accessible vehicles into the taxi fleet enables the Council to fulfil its obligations in respect of disability equality. Allowing exemptions to the WAV policy slows down the Council’s implementation of disability equality measures.

There are currently 996 taxis in operation in Aberdeen City. 442 of these taxis are WAVs. Therefore 44.4% of the Aberdeen city taxi fleet are now WAVs.

5. OTHER IMPLICATIONS

There are no other implications

6. REPORT

6.1 Committee policy requires all applicants for new taxi licences to provide a wheelchair accessible vehicle (WAV). An exemption applies in respect of saloon car taxis which were licensed as taxis prior to 1994 and these operators can substitute a saloon car until there is a change of operator. However, where the operator of a taxi changes, a fresh grant of a licence must be applied for and the applicant must provide a WAV.

Page 101

6.2 4 applications have been submitted where the operator has sought to add additional operators to their licence to form a partnership. The reason they have requested this is because their current licences enjoy the saloon car exemption to the WAV policy. A change of operator brings a requirement for a fresh licence. In terms of the current policy if an individual operator wishes to change the licence holder in any way a fresh licence is required and accordingly a WAV must be provided.

6.3 Partnerships are permitted within the law but in order to form a partnership a new taxi licence is required. With these 4 applications the proposed partners are family members. This is of no significance in legal terms because the law does not distinguish between partnerships amongst business partners or those amongst families. Letters requesting the change are attached at Appendix 1.

6.4 This report wasth submitted to the Taxi/Private Hire Consultation Group meeting on 17 August 2009 and approved.

7. AUTHORISED SIGNATURE

Stewart Carruth (Corporate Director) Corporate Governance Email: [email protected] Tel No: 01224 (52)2671

8. REPORT AUTHOR DETAILS

Brenda Flaherty Legal Manager Licensing Team

Email: [email protected] Tel No: 01224 (52)2624

9. BACKGROUND PAPERS

None

G/Apps/Reports/064ReportLC Saloon Car Taxi Partnerships

Page 102 Agenda Item 8. ABERDEEN CITY COUNCIL

nd COMMITTEE Licensing DATE 2 September 2009

CORPORATE DIRECTOR Gordon Edwards

TITLE OF REPORT Renfrewshire v Sneddon, Court of Session decision

1. PURPOSE OF REPORT To advise Members of the recent Court of Session decision on Wheelchair accessible taxis (WAV)

2. RECOMMENDATION(S) The Committee note the report

3. FINANCIAL IMPLICATIONS None

4. SERVICE & COMMUNITY IMPACT None

5. OTHER IMPLICATIONS This decision confirms that the Council has taken the correct decision with regard to its policy on wheelchair accessible vehicles

6. REPORT

Synopsis of the decision

This case confirms that Scottish Councils have the necessary legal powers to require taxis to be wheelchair accessible in advance of the Scottish Government introducing regulations on this matter under the Disability Discrimination Act 1995.

Renfrewshire Council had adopted a policy requiring all taxis in their area to be wheelchair accessible by 2002. A saloon car taxi operator, Mr Sneddon, refused to change over to a wheelchair accessible taxi type and, after many meetings, the Council refused to renew Mr Sneddon's taxi licence. Mr Sneddon appealed against the refusal.

The Sheriff decided in Mr Sneddon's favour and remitted the application back to the Council for reconsideration -

(a) The Council had breached the rules of natural justice in that they had not permitted Mr Sneddon to be make a full submission at the last meeting. They had refused to consider a last minute letter from an airport taxi company.

Page 103

(b) More importantly, the Sheriff said that Scottish Councils did not have the necessary legal powers to require taxis to be wheelchair accessible as the 1995 Disability Discrimination Act had introduced section 20(2A) into the Civic Government (Sc) Act 1982. This allowed the Scottish Government to make regulations on the design of taxis to enable them to carry disabled persons. These regulations had never been introduced and we have just responded to a consultation with the Dept for Transport that may lead on to regulations in the future. The Sheriff was of the opinion that this had indicated that Parliament had intended that Councils should wait until the Regulations were introduced before they could require taxis to be wheelchair accessible. In making such requirements Renfrewshire had acted beyond the legal powers open to it.

The Sheriff's decision caused quite a lot of ripples in taxi licensing in Scotland as it meant that Councils might have to retreat from their existing local wheelchair accessible policies and wait for mandatory provisions (if any) to come from central government.

Renfrewshire appealed to the Court of Session and the case was heard in March.

(a) The Council had no disagreement with the Sheriff's decision that the Licensing Committee ought to have considered the late letter and, on that basis, it was agreed that the Court of Session would allow the application to be be remitted back to the Council for reconsideration. (b) The Court then considered the legal powers available to the Committee. It disagreed with the Sheriff's view and confirmed that the ability of the Scottish Government to make regulations on accessible taxis did not preclude councils from looking at such issues now if they wished. "The Council is lawfully entitled to develop a policy ...which recognised the need to secure provision of taxis suitable for use by disabled persons, in particular, wheelchair users." The court also considered that Renfrewshire had not operated their policy inflexibly and had allowed Mr Sneddon many opportunities to explain why he should be an exception.

This gives Scottish Councils a degree of breathing space whilst we await the outcome of the Dept for Transport consultation on accessible taxis.

Page 104

7. AUTHORISED SIGNATURE Gordon Edwards, Corporate Director, xtn 2550 [email protected]

8. REPORT AUTHOR DETAILS Brenda Flaherty, Legal Manager, xtn 2624 [email protected]

9. BACKGROUND PAPERS Court of Session judgement

G/Apps/Reports/Renfrewshire v Sneddon

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