Agendas, reports and minutes

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

Mr A Mackenzie, Legal Manager (Clerk)

Ms S Blease, Principal Solicitor (Regulatory Services)

Mr M Elsey, Senior Licensing Officer

Mrs A MacArthur, Administrative Assistant 

Inspector M MacInnes, Police Scotland

Sergeant J Campbell, Police Scotland

Item 8.1 – Ms R Noble, on behalf of the Applicant

Item 13.1 – Mr S Junor, Applicant 

Item 14.1 and 14.3 – Mr R McDonald, Applicant 

Item 14.1 and 14.3 – Mr J Mair, Solicitor for the Applicant 

Item 14.2 – Mr R MacLean, Applicant  

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

Apologies for absence were intimated on behalf of Mrs G Sinclair and Mr J Rosie.

2. Declarations of Interest

Foillseachaidhean Com-pàirt 

Item 12 – Mrs L MacDonald, Mr H Wood and Mr J Stone (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 4 February 2014 which was APPROVED.

4. Licences Granted Under Delegated Powers

Ceadachdan a Bhuilicheadh fo Ùghdarras air a Thiomnadh

There had been circulated Report No HLC-014-14 (25kb pdf) 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 22 January 2014 to 18 March 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-015-14 (16kb pdf) 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. Review of Taxi Tarriff 2014

Ath-bhreithneachadh air Taraif Tagsaidh 2014

There had been circulated Report No HLC-016-14 (452kb pdf) by the Legal Manager which advised the Committee of the responses received from the taxi trade in relation to the review of the current taxi fare scales. Members were invited to consider the responses and agree a final tariff. The revised tariff would take effect from 26 May 2014, subject to any appeal being lodged as per paragraph 4.1 of the Report.  

Objections had been received from:

Greyhound Taxis on behalf of 43 Drivers and Operators in Lochaber; 

Chris Campbell; 

Inverness Taxi Alliance

A copy of the pre-consultation submission by the Inverness Taxi Alliance to the Highland Licensing Committee on the 4 February 2014 was re-circulated. The Inverness Taxi Alliance had requested regular and effective discussions with representatives from the Highland Licensing Committee to discuss a range of issues relating to the trade.

Members were content to set up a sub-group to discuss issues relating to the trade as suggested by the Inverness Taxi Alliance.  Mr A Duffy put his name forward for this group.

The Committee AGREED: 

1.  The following changes to the tariff: 

Increase the cost of the initial yardages for Tariffs 1, 2 and 3 by 30p.  The effect of this would be a 30p increase on all fares regardless of the distance travelled.  

The charge applied to compensate for the cost of the outward journey for hires which commence 3 miles or more away from the taxi or taxi base (whichever is the nearer) and where the customer wishes to travel further to be increased from a maximum of £6.50 to a maximum of £7.50.

2.  To set up a Working Group consisting of the Chair, Vice Chair and Mr A Duffy to meet regularly with the Taxi and PHC Trade to develop a collaborative working relationship.

7. Civic Government (Scotland) Act 1982 

Public Entertainment Licences

Achd Riaghaltais Chatharra (Alba) 1982

Ceadachdan Aoigheachd Phoblaich

7.1  Premises: Shieldaig Village Hall, Shieldaig 

There had been circulated Report No HLC-017-14 (20kb pdf) by the Legal Manager relating to an application for a Public Entertainment Licence for Shieldaig Village Hall, Shieldaig by Shieldaig Village Association.   The Report invited the Committee to determine the matter in accordance with the Hearings Procedure. 

The Senior Licensing Officer reported that the electrical certification requested had now been submitted by the Applicant and Environmental Health had confirmed that it was satisfactory.  

 The Committee AGREED to note that a satisfactory electrical certificate had been received and that the licence would be issued under delegated powers.

8.  Civic Government (Scotland) Act 1982

Second Hand Dealer’s Licences

Achd Riaghaltais Chatharra (Alba) 1982

Ceadachdan Luchd-malairt Ath-làimhe 

8.1  Premises – 33 High Street, Inverness 

There had been circulated Report No HLC-018-14 (26kb pdf) by the Legal Manager relating to an application by Ramsden’s Financial Ltd for variation of their Second Hand Dealer’ licence in respect of premises at 33 High Street. 

The Senior Licensing Officer advised that the licence holders  requested a variation to their licence to exempt them from the requirements of condition 10 which stops a second hand dealer from trading as a pawn broker.  The Committee had granted a similar request from another licence holder at their meeting on 1 October 2013. 

 The Report recommended that if the application was approved delegated powers be given to the Legal Manager (Regulatory Services) to approve any future requests received from other licensed second hand dealers seeking to lift the restriction to allow them to trade as both a pawnbroker and a second hand dealer provided there are no objections from Agencies and Services consulted.

 The Committee AGREED:

1.To grant the variation requested; 

2.To grant delegated power to the Legal Manager (Regulatory Services) to approve future requests from licensed second hand dealers seeking to operate as both a pawnbroker and a second hand dealer provided there are no objections from Agencies and Services consulted and subject to any additional conditions deemed appropriate.

9. Civic Government (Scotland) Act 1982  

Street Trader’s Licences 

Achd Riaghaltais Chatharra (Alba) 1982

Ceadachdan Luchd-malairt Sràide

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

There had been circulated Report No HLC-019-14 (546kb pdf) by the Legal Manager relating to an application for variation of a Street Trader’s Licence received from Richard MacLean (Inverness Central  Ward).

The Senior Licensing Officer advised that the applicant was unable to attend due to family commitments and had requested a deferral to allow him to attend.

The Committee AGREED to defer consideration of the application, at the applicant’s request, to 17 June 2014.

10. Civic Government (Scotland) Act 1982 

Taxi Driver’s Licences

Achd Riaghaltais Chatharra (Alba) 1982

Ceadachdan Dhràibhearan Tagsaidh

10.1  Application for Taxi Driver’s Licence – John Toshack 

There had been  circulated Report No HLC-020-14 (21kb pdf) by the Legal Manager relating to an application which had been received from John Toshack for the grant of a Taxi Driver’s Licence. 

The Senior Licensing Officer advised that the applicant had now passed the knowledge test and that the application could be issued by the Legal Manager under delegated powers.  

The Committee AGREED to note that the Applicant had passed the Knowledge Test and that the licence would be issued under delegated powers.

11. 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 the following Items on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.

12. Private Landlord Registration – Rent Penalty Notices

Clàradh Uachdarain Phrìobhaidich – Brathan Ùnnlagh Màil

Mrs L MacDonald, Mr H Wood and Mr J Stone declared a non-financial interest in the following item as they were private landlords and did not take part in the item.  

There had been circulated to members only Report No HLC/021/14 by the Legal Manager detailing Landlords who had failed to register under Part 8 of The Antisocial Behaviour etc (Scotland) Act 2004.  The Report recommended that Rent Penalty Notices be served in respect of those properties detailed. 

The Committee AGREED to serve Rent penalty Notices in respect of those properties detailed in the Report.

13.  Civic Government (Scotland) Act 1982 

Window Cleaner’s Licences

Achd Riaghaltais Chatharra (Alba) 1982

Ceadachdan Luchd-glanaidh Uinneagan 

13.1  Application for Window Cleaner’s Licence – Stephen Junor 

There had been circulated to members only Report No HLC/022/14 by the Legal Manager relating to an application from Stephen Junor for a Window Cleaner’s Licence.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

The Committee heard from Mr S Junor and Inspector M MacInnes, Police Scotland. 

 Inspector M Macinnes spoke to the Police objection that the Applicant was not a fit and proper person to be the holder of a Window Cleaner’s Licence given the length and nature of his previous convictions and his ongoing conduct.

 On addressing the Committee Mr S Junor stated that he was currently employed as a window cleaner  but wished to set up on his own so that he could earn more money and do well for himself and his family.  All his life he had worked with the public without problem and all matters referred to by the police had taken place outside his work.

It was noted that Mr Junor required his own licence to clean windows whether he was employed by a licence holder or not and  Police Scotland would be looking into this matter.

Ms M Smith, seconded by Mr A Duffy moved that the application be refused on the grounds that the Applicant was not a fit and proper person to be the holder of a licence for the following reasons:

•The overwhelming evidence of the number and nature of previous convictions; 

•the three recent incidents which had come to the notice of the Police; and 

•the intelligence entries at grade A level regarding the Applicant.

There being no amendment the Committee AGREED to refuse the application on the grounds that the Applicant was not a fit and proper person to be the holder of the Licence.

14. Civic Government (Scotland) Act 1982 Taxi Driver’s / Operator’s Licences 

Ceadachdan Dhràibhearan / Oibrichean Tagsaidh

Ceadachdan Dhràibhearan / Oibrichean Chàraichean airson Fastadh Prìobhaideach

14.1 Application for Grant of Taxi Driver’s Licence – Raymond McDonald 

There had been circulated to members only Report No HLC/023/14 by the Legal Manager relating to an application which has been received from Raymond McDonald for the renewal of his Taxi Driver’s Licence.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

The Senior Licensing Officer asked the Committee to consider item 14.1 and 14.3 together as they related to the same applicant.

Mr J Mair, Solicitor for the Applicant, asked that the Committee defer consideration of these applications as he had only been instructed by the applicant the previous day and required to take proper instructions and investigate the matters referred to in the letter of objection from Police Scotland. 

The Committee AGREED to defer the Hearing, at the Applicant’s request, to 17 June 2014.

14.2  Application for Renewal of Taxi Driver’s Licence – Richard MacLean

There had been circulated to members only Report No HLC/024/14 by the Legal Manager relating to an application which had been received from Richard MacLean for the renewal of his Taxi Driver’s Licence.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

The Committee heard from Mr R MacLean, Applicant.  

The Committee warned Mr MacLean with regard to his future conduct.

The Committee AGREED to grant the application subject to the standard conditions.

14.3  Licensed Private Hire Car Operator and Driver – Raymond McDonald 

 There had been circulated to members only Report No HLC/025/14 by the Legal Manager relating to a licensed Private Hire Car Operator and Driver, Raymond McDonald.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

The Senior Licensing Officer asked the Committee to consider item 14.1 and 14.3 together as they related to the same applicant.

Mr J Mair, Solicitor for the Applicant, asked that the Committee defer consideration of these applications as he had only been instructed by the applicant the previous day and required to take proper instructions and investigate the matters referred to in the letter of objection from Police Scotland. 

The Committee AGREED to defer the Hearing, at the Applicant’s request, to 17 June 2014.

14.4  Licensed Taxi Driver – Sajjad Hussain 

There had been circulated to members only Report No HLC/026/14 by the Legal Manager relating to a licensed Taxi Driver, Sajjad Hussain.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 Mr Sajjad Hussain did not attend the meeting. Nor did any representative attend to speak on Mr Hussein’s behalf.

 The Legal Manager advised that following receipt of a letter from Police Scotland he had suspended this licence in terms of paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982.  This suspension only had effect to the date of this meeting. Members were asked to determine whether the Licence holder should continue to hold a taxi driver’s licence and, if so, what action should be taken against him. 

 The Committee AGREED to immediately suspend the Licence for the unexpired portion of the duration of the Licence on the following grounds:

1.The Licence Holder was no longer a fit and proper person to hold the licence; and 

2.The carrying on of the activity to which the licence relates has caused or is likely to cause a threat to public order or public safety.

The Legal Manager further advised that Mr Hussain could re-apply for his licence after 20 September 2015 or apply for the suspension to be lifted before 20 September 2015 following any change in his circumstances.  

 The meeting closed at 11.45 am.