Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 13 May 2014 at 10.30 am.

Present: Dr I Cockburn, Mr A Duffy, Mr C Fraser, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Mr W Mackay,
Mr J Rosie, Ms M Smith, Mr J Stone, Mr H Wood

In Attendance:
Mr A Mackenzie, Legal Manager (Clerk)
Ms S Blease, Principal Solicitor (Regulatory Services)
Mr M Elsey, Senior Licensing Officer
Ms A Macrae, Committee Administrator

Also Attending:
Inspector M Macinnes, Police Scotland

Also in Attendance:

Item 6.1:  Mr M Brandon, for the Applicants, Dr P Monaghan and Ms A Gilchrist, Highland Homeless Trust, Mrs L Murray, Solicitor for the Applicants and Mr B Fraser, Objector
Item 7.1:   Mr R MacLean, Licence Holder
Item 9.1:   Mr J MacLean, Applicant
Item10.3:  Mr C Jaffray, Licence Holder

Ms M Smith in the Chair

The Chair confirmed that the meeting would be webcast and gave a short briefing on the Council’s webcasting procedure and protocol.

Business

1.    Apologies for Absence
    Leisgeulan

    An apology for absence was intimated on behalf of Mrs G Sinclair.

2.    Declarations of Interest
Foillseachaidhean Com-pàirt

Items 6.1 – Ms M Smith (non-financial)     

3.    Confirmation of Minutes
    Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minute of meeting of the Committee held on 1 April 2014, which was APPROVED.

Arising from Item 6 of the Minute, the Senior Licensing Officer advised that an appeal had been submitted to the Traffic Commissioner by Mr Andrew Macdonald in response to the revised Taxi Tariff approved by the Committee on 1 April 2014. He advised that the Council had now provided the Traffic Commissioner with all relevant documentation in relation to the revised Taxi Tariff, including a statement of reasons, and that a response was awaited.

The Committee NOTED the position.

4.    Licences Granted Under Delegated Powers
Ceadachdan a Bhuilicheadh fo Ùghdarras air a Thiomnadh

There had been circulated Report No HLC/027/14 by the Legal Manager  detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 and the Marriage (Approval of Places) (Scotland) Regulations 2002 in the period from 19 March 2014 to 29 April 2014.

The Committee NOTED the report.

5.    Pending Applications - 3 Monthly Considerations
    Iarrtasan ri Thighinn – Beachdachaidhean 3 Mìosach

    There had been circulated Report No HLC/028/14 by the Legal Manager relating to applications which were currently pending for the grant or renewal of licences under the Civic Government (Scotland) Act 1982. The Report recommended that the Committee agree to defer the determination of the applications, either: (i) to allow them to be approved under delegated powers in the event that all responses and no objections were received, and all outstanding documentation has been received from the applicants, or (ii) to a future meeting of the Committee when the applications would be determined in terms of the Hearings Procedure.

The Committee AGREED the recommendation.

6.        Housing (Scotland) Act 2006
House in Multiple Occupation Licence
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachd Thaighean ann an Ioma-sheilbh

6.1 Premises – 35 Glenurquhart Road, Inverness

Declaration of Interest – Ms M Smith declared a non-financial interest in this item as a member of the Highland Housing Trust Board, and left the Chamber for the determination of this item.

The Vice Chair, Mr J Stone, took the Chair for this item.

There had been circulated Report No HLC-029-14 by the Legal Manager relating to the application for the grant of a House in Multiple Occupation Licence from Inverness City Apartments in respect of premises at 35 Glenurquhart Road, Inverness. The Report advised that two letters of objection

had been received in response to the application, as detailed in Appendix 2. A petition objecting to the application had also been received, a copy of which was attached at Appendix 3.

The Senior Licensing Officer confirmed that the Objectors, including all those who had signed the Petition, and had provided a name and address, had been invited to attend the meeting.

The Legal Manager confirmed that Mr B Fraser, Objector, was present at the meeting and was representing the other objectors including those who had signed the petition.

Mrs L Murray, Solicitor for the Applicant, reported that the application was to be amended so that the maximum number of persons to be accommodated in the premises was reduced from nine to six persons. In response to the objections received to the application she indicated that:-

• her clients were experienced landlords in the private rented sector, with no history of complaint or anti-social behaviour at their premises. Her clients were also registered with the Council as private landlords and therefore were subject to a fit and proper person test when the registration was renewed every three years;
• her clients had originally planned to develop the premises as holiday apartments but that building regulations had rendered the project uneconomic.  Thereafter the premises had been rented to two private tenants on a short assured tenancy. On being alerted by a neighbour that the behaviour of the tenants was giving rise to problems, they were warned and thereafter served with a notice to quit, and removed from the premises as soon as the process allowed.  Her clients had then taken the decision not to let out the property pending its redevelopment as a HMO, notwithstanding the loss of income which had been incurred;
• the premises and its garden ground was well maintained by her clients and that a breach of planning regulations in relation to the provision of an internal door to the property to the rear of the premises had been remedied as soon as her clients had been alerted to the breach;  
• the property would be managed by the Highland Homeless Trust, who were experienced operators in providing supported accommodation to single people who were homeless or in need of housing; 
• the premises would be staffed round the clock by staff on waking shifts in addition to the provision of a floating support nightshift to assist with health and safety issues and any emergency situations which may arise. 
• CCTV cameras would be installed both inside and outside the premises; 
• all staff employed at the premises would also be trained to the appropriate SVQ standard; and
• in terms of suitability, the premises benefited from planning permission for an HMO and that as part of the planning assessment the impact of the development on the neighbourhood would have been taken into account, in addition to any impact on road safety and parking. Further there had been no objections to the planning application from Transport Scotland or the Council’s TEC Services in response to the planning application.
  

In response to questions from Members, Mrs L Murray confirmed that in accordance with the conditions attached to the planning permission the premises would be staffed 24 hours per day by staff on waking shifts.  She also explained that the property to the rear of the premises, 35A Glenurquhart Road, Inverness, was unconnected to the premises, having a separate title and access.   

The Committee then heard from the objector, Mr B Fraser, during which he sought clarification in regard to the ownership of the premises, referring to public records which he had obtained in this regard which showed that ownership of the premises was not recorded under the name of Inverness City Apartments.

During discussion on this matter, the Legal Manager cautioned that in terms of the Housing (Scotland) Act 2006 the applicant should be the owner of the premises.  Therefore, if it was the case that ownership of the premises was recorded in the names of one or more of the Directors of Inverness City Apartments as individuals, then the application should have been submitted in their names and not under the name of Inverness City Apartments, as per the current application.

Following further discussion on this matter and on hearing further from Mrs L Murray, the Committee AGREED to defer further consideration of the application until later on in the meeting to allow clarification to be sought in regard to the ownership of the property.   

7.       Civic Government (Scotland) Act 1982    
Street Trader’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Luchd-malairt Sràide

7.1 Application for Variation of Street Trader’s Licence – Richard MacLean

There had been circulated Report No HLC-030-14 by the Legal Manager relating to an application for variation of a Street Trader’s Licence received from Richard MacLean which sought permission to locate his catering van within Inverness City Centre, namely at Inverness Castle, Falcon Square and Bank Street as per the plan attached at Appendix 2. The Report advised that in terms of the Council’s street trader’s licence policy any application which related to trading within Inverness City Centre, as designated in the map attached at Appendix 1, required to be submitted to the Highland Licensing Committee for consideration.

The Report confirmed that Police Scotland and the Council’s Environmental Health Service had no objections to the application. The Council’s TEC Services had confirmed that Falcon Square and Inverness Castle grounds did not fall within their jurisdiction. However in relation to Bank Street, the area located next to Bank Lane had recently been altered as part of the streetscape improvement works associated with the current flood defence project.  In particular they confirmed that Bank Street had existing traffic restrictions placed on it and was currently defined as being traffic sensitive. TEC Services had also expressed concern that any vehicle, or trailer, parked at this location would compromise the visibility available to vehicles exiting Bank Lane, thereby impacting on roads safety.  

It was further confirmed that the Council’s Housing and Property Service who managed the area at Inverness Castle grounds had confirmed they did not wish to enter into a lease agreement to allow a catering van to operate within this area. However confirmation had been received from Eastgate Centre management that consent had been granted for Mr Maclean to trade at Falcon Square.

Mr R Maclean spoke in support of his application during which he advised that he was seeking to trade in Inverness City Centre at locations at Inverness Castle, Falcon Square and Bank Street to improve the viability of his business and to provide public and tourists with a service that would enhance their enjoyment of the City Centre.  In regard to the concerns expressed by the TEC Services he advised that he had requested a meeting with officials on site from the Service to discuss potential suitable locations, and that a response was awaited.  Mr Maclean also circulated copies of photos of his ice cream van located on Bank Street which he suggested demonstrated that he could trade at that location without causing an obstruction or impacting on visibility or road safety.  He also outlined the discussions he had to date in regard to Inverness Castle, but confirmed that to date he had not received permission to trade at this location.

In response to questions from Members, the Legal Manager clarified that granting the variation would not give the Licence Holder permission to trade from any location in the City Centre. He explained that the permission of the relevant landowner would have to be secured before he/she could trade from a particular location, noting that to date no such permission was in place in respect of Bank Street and Inverness Castle grounds.  

The Legal Manager also explained that the former Inverness District Council had agreed that any applications for a street trader’s licence within the designated exclusion zone area of the City Centre would require to be determined by the relevant Licensing Committee and that similar exclusion zones applied in Nairn and Fort William.  He advised that given this policy had been agreed some years ago it was intended to undertake a review and that a separate report on the issue of city centre exclusions would be brought forward in due course.

During discussion it was suggested that the Applicant should have been provided with details of the new road layout at Bank Street by TEC Services to assist him to identify a potential suitable location to trade.  The Applicant was therefore encouraged to contact TEC Services with a view to this information being provided.  

The Legal Manager suggested that in the circumstances it would be appropriate to grant permission for Bank Street, Inverness on the basis that it would be for TEC Services to determine any specific location.    

Thereafter, the Committee AGREED to grant the application (no specific location in Bank Street) subject to the standard conditions and to advise the Applicant that he required the permission of the Landowner before trading from a particular location, noting that no such permission was in place for Bank Street, Inverness and Inverness Castle grounds.

8.        The Committee resolved that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting during discussion of Items 9.1, 10.1, 10.2 and 10.3 on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.

9.        Civic Government (Scotland) Act 1982
Private Hire Car Driver’s / Operator’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan do Dhràibhearan / Oibrichean Chàraichean airson Fastadh Prìobhaideach

9.1 Application for Private Hire Car Driver’s Licence – John MacLean

There had been circulated to Members only Report No HLC/031/14 by the Legal Manager relating to an application which had been received from John MacLean for the grant of a private hire car driver’s licence.

The Committee heard from the Senior Licensing Officer, Mr J Maclean, Applicant and Inspector M Macinnes in regard to the application.

Following discussion, the Committee AGREED to grant the application subject to the standard conditions but to warn the Applicant that if he commits further offences he may be reported back to Committee with a view to his Licence being suspended.

10.      Civic Government (Scotland) Act 1982
Taxi Driver’s / Operator’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Cheadachdan do Dhràibhearan / Oibrichean Tagsaidh

10.1 Licensed Taxi Driver & Application for the Grant of a Taxi Operator’s Licence – Steven Haggerty

There had been circulated to Members only Report No HLC/032/14 by the Legal Manager relating to a licensed taxi driver and an application which had been received from Mr Steven Haggerty for the grant of a taxi operators licence.

The Legal Manager advised that Mr Haggerty was not present at the meeting and circulated an e-mail received from him apologising for his absence and offering an explanation in support of his application and Taxi Driver’s licence.

The Committee AGREED to:-

i.    grant the application provided the requirements of paragraph 5.1 of the Report are complied with and all relevant documents are submitted for the vehicle;
ii.    grant the Legal Manger delegated powers to issue the licence in the event that 1 above is satisfied or refuse the application in the event that it is not; and
iii.    take no action in relation to the Taxi Driver’s Licence.

10.2 Application for Renewal of Taxi Driver’s Licence – Isaac MacPhee

There had been circulated to Members only Report No HLC/033/14 by the Legal Manager relating to an application which had been received from Mr Isaac MacPhee for the grant of a taxi driver’s licence.

On hearing from the Legal Manager, the Committee NOTED that as Mr MacPhee had now passed the Taxi Driver’s Knowledge Test, the Report had been withdrawn and the Licence granted under delegated powers.

10.3 Licensed Taxi Driver – Christopher D Jaffray

There had been circulated to Members only Report No HLC/034/14 by the Legal Manager relating to a licensed Taxi Driver, Christopher D Jaffray.

The Committee heard from Mr C Jaffray and Inspector M Macinnes in relation to the application.

The Committee AGREED to warn the Licence Holder that if he commits further offences he may be reported back to Committee with a view to his Licence being suspended.
Thereafter the Committee adjourned for lunch at Noon and reconvened at 12.35pm.

6.    Housing (Scotland) Act 2006
House in Multiple Occupation Licence
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachd Thaighean ann an Ioma-sheilbh

6.1 Premises – 35 Glenurquhart Road, Inverness (continued)

Declaration of Interest – Ms M Smith declared a non-financial interest in this item as a member of the Highland Housing Trust Board, and left the Chamber for the determination of this item.

The Vice Chair, Mr J Stone, took the Chair for this item.

With reference to the discussion at Item 6.1 detailed above in regard to the ownership of the premises, the Legal Manager advised that confirmation had been received from Mrs L Murray, Solicitor for the Applicants, that the application had been withdrawn.

The Committee NOTED that the application had been withdrawn.      

The meeting closed at 12.40pm.