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Licensing Committee - Wednesday, 4th December, 2024 10.00 am
December 4, 2024 View on council websiteSummary
This meeting of Aberdeen City Council's Licensing Committee considered a range of licence applications and reports, including reviewing taxi fares, and the composition of the taxi fleet. The Committee also reviewed the previous year's activity on licensing.
Taxi Fleet Composition
A report was presented on the options for implementation of a mixed taxi fleet in Aberdeen.
Currently, 58% of taxis in Aberdeen are wheelchair accessible, and 42% are saloon cars. This is because since 1994, the Council has required all new taxis to be wheelchair accessible, but allowed existing taxi licences to be renewed with saloon vehicles. This approach has led to a long process of transitioning to a wheelchair accessible taxi fleet.
In 2018 the Committee decided to remove a 2023 deadline for all taxis to be wheelchair accessible, and asked officers to prepare a report on options for a mixed fleet of taxis.
The trade representatives on the Taxi and Private Hire Car Consultation Group proposed a 60% saloon, 40% wheelchair accessible split of taxis in Aberdeen. They suggested that the current policy requiring all new taxis to be wheelchair accessible be retained. To achieve the 60/40 split, a waiting list for current wheelchair accessible taxi licence holders who would like to change to a saloon vehicle was suggested. In order to ensure that the council complies with its obligations under the Public Sector Equality Duty, the report recommended that any policy should result in a fleet composition of at least 50% wheelchair accessible vehicles.
The trade representatives also suggested that a financial incentive be put in place to encourage applicants to licence wheelchair accessible vehicles, perhaps by reducing licence fees for such vehicles.
The Committee was asked to consider putting the proposals for a mixed fleet set out in Appendix 2 of the report to a public consultation to include the trade, disability groups and other relevant stakeholders.
"in fixing fares, authorities will want to pay primary regard to the costs incurred by the trade, having regard to the capital costs (including interest payments) of the vehicles, the costs of maintaining and replacing them to a standard of the licensing authority, of employing drivers and the prevalent level of wages and costs in related road transport industries. The public interest is best served by ensuring the maintenance of an adequate taxi service by giving the trade a fair return rather than depressing fares for social reasons, however understandable.”
Scottish Development Department Circular 25/1986
Taxi Fare Review
A report was presented asking the Committee to agree a new taxi fare tariff for Aberdeen.
The Civic Government (Scotland) Act 1982 requires Aberdeen City Council, as the licensing authority, to review taxi fares every 18 months. Taxi fares were last reviewed in July 2023 and the next review is due by 31 January 2025.
The report set out how taxi fares in Aberdeen are calculated. A formula is used to calculate the percentage change in taxi operating costs since fares were last set, and a corresponding percentage increase in fares is then proposed.
The report proposed a 3% increase in taxi fares in Aberdeen.
The Committee was asked to approve the proposed tariff card, and to instruct officers to publish the new taxi fare tariff with effect from a specified date.
Annual Licensing Committee Effectiveness Report
The Committee was asked to consider a report on the effectiveness of the Licensing Committee during the previous year.
The report was presented to satisfy the council's commitment under the Chartered Institute of Public Finance and Accountancy's (CIPFA) Mark of Excellence in Governance accreditation.
The report provided information on the number of meetings held by the Committee, the number of reports considered, and the number of decisions made. It also provided information on the Committee's engagement with the public and stakeholders.
The report concluded that the Licensing Committee was working effectively.
Applications for Licences
Cooper's Court, Dunbar Street, Aberdeen.
A House in Multiple Occupation (HMO) Licence renewal was requested for Cooper's Court, Dunbar Street, Aberdeen by Hunter Construction (Aberdeen) Ltd.
The application was previously deferred by the committee in October 2024.
A letter of objection to the application had been received from Jonathan Tyrens, who is a tenant of the property. The objection raised concerns about the management of the property, including overcrowding, lack of repairs, health and safety oversights, a lack of cleanliness, and staff not following the regulations set out in the tenancy agreement. The letter included a number of complaints emailed to the property manager between September 2022 and November 2023. These complaints include:
- A lack of heating in the property during cold weather
- Staff entering the property without providing 24 hours' notice to tenants
- Noise disturbance from other tenants
- The property not being cleaned regularly
- Non-residents using the communal areas of the property
- A leaking tap and toilet cistern
- Overdue electrical testing
- Problems with the oven and freezer
- Black mould in the shower room
- A maggot infestation in the kitchen
- Concerns about the structural safety of the building
- The intercom not working
Hunter Construction (Aberdeen) Ltd also submitted a representation to the Committee.
Lower Flat, Spring Cottage, 1 and a Half South Crown Street, Aberdeen.
A House in Multiple Occupation (HMO) Licence renewal was requested for Lower Flat, Spring Cottage, 1 and a Half South Crown Street, Aberdeen by Shairron Murray.
A letter of objection to the application had been received from Diane Pirie.
A representation to the Committee was also received from Addleshaw Goddard on behalf of Shairron Murray.
24E Esslemont Avenue, Aberdeen.
Craig McPetrie requested a Short Term Let licence for 24E Esslemont Avenue, Aberdeen. The property is a one-bedroom flat which Mr McPetrie wishes to let for short periods to a maximum of two guests.
The application was previously deferred by the committee in October 2024.
One late letter of objection was received from Olga Kondratieva who lives in the same block of flats. The objection relates to both this application, and the application for 24G Esslemont Avenue (see below).
The objection states that neighbours were not informed of the licence application.
The objection states that the Licensing Objectives are not met, that the property is not suitable, and that Mr McPetrie has a poor relationship with his neighbours.
The objection goes on to state that the properties at 24E and 24G Esslemont Avenue have been used by drug dealers, by scammers, by people having parties, people who try to trick people to let the property long-term posing as landlords (scammers), by people who simply do not care about the neighbours in the block because they will be gone the next day
, and that there had been a large number of sleepless nights
and over the years private property been damaged
.
The objection states that there is a high concentration of short-term lets in the area, and that approving the licence applications will harm local hotels and deprive citizens of long-term let properties.
The objection also states that tenants of 24E and 24G Esslemont Avenue regularly litter, that the cleaner brings their young child to work, and that damage has been caused to the communal areas of the block of flats. Photographs are included in the objection.
The objection also states that Mr McPetrie has been slow to carry out repairs, and has refused to contribute to communal repairs, citing the example of a dripping gas boiler flue which was reported to Mr McPetrie in April 2024, but remains unrepaired.
24G Esslemont Avenue, Aberdeen.
Craig McPetrie requested a Short Term Let licence for 24G Esslemont Avenue, Aberdeen. The property is a two-bedroom flat which Mr McPetrie wishes to let for short periods to a maximum of four guests.
The application was previously deferred by the committee in October 2024.
One late letter of objection was received from Olga Kondratieva, who also submitted an objection to the application for 24E Esslemont Avenue (see above).
The objection states that on 19 June 2024, Police Scotland executed a drug search warrant at the property.
6 Stell Road, Aberdeen
Geary Motors Ltd requested a Second Hand Vehicle Dealer Licence.
A complaint was received by Aberdeen City Council City Wardens from a member of the public that Geary Motors Ltd had been storing vehicles for sale and repair on the public road. The Committee was asked to consider whether this would be a breach of the licence conditions should the licence be granted.
Units 9-10 Langstane Place, Aberdeen.
Hanna Kasztelan requested the renewal of their Skin Piercing & Tattoo Licence for Yarson Tattoo Studio, Units 9-10 Langstane Place, Aberdeen.
The report stated that Aberdeen City Council Environmental Health had been unable to visit the premises to carry out an inspection because Hanna Kasztelan had not provided them with the required information.
The report included email correspondence from the Environmental Health Officer to Hanna Kasztelan requesting the following information:
- Training certificates (including first aid)
- Customer consent forms
- Aftercare information
- Signage relating to those underage or under the influence of drugs or alcohol
- Sterilisation equipment testing records (if applicable)
- Insurance document
- Equipment setup
- Sanitising products and materials
- PPE available to staff
- Clinical waste receptacles and contract
Street Knowledge Test Exemption - Michael Lionel McGarthland
Michael Lionel McGarthland requested to be exempt from the requirement to pass the Aberdeen City Council street knowledge test, which is required to be granted a Taxi Driver Licence.
Mr McGarthland stated that he has been a taxi driver in Aberdeen for 28 years and had previously held a Taxi Driver Licence until 31 December 2023. Mr McGarthland stated that he had passed the required medical and paid the required fee but, due to an error, did not submit the required application form.
Age of Vehicle Exemption - Varinder Kumar Sood
Varinder Kumar Sood requested to be exempt from the requirement that a private hire vehicle be no more than 5 years old. Mr Sood wished to license a Mercedes Vito (registration SV66 HDG) as a private hire vehicle, even though it was first registered on 13 October 2016.
Mr Sood stated that he had previously applied for a taxi licence for the vehicle, but had been refused because the vehicle did not meet the Council's requirements for wheelchair accessible vehicles. He stated that at the time he purchased the vehicle, several other similar vehicles had been licensed as taxis, but that it later transpired that this was an error on the part of the council. Mr Sood went on to state that he is unable to drive regularly due to a health condition, and that he had been granted a taxi licence for a saloon car by the committee in 2023 because of this. He stated that he wished to licence the Mercedes Vito as a private hire vehicle in order to be able to rent it to other drivers to recoup his losses on the purchase of the vehicle.
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