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 17 June 2014 at 10.30 am.

Present:

Dr I Cockburn
Mr C Fraser
Mr R Greene
Mr A Henderson
Mrs L Macdonald
Mr W Mackay (by video conference from Wick)
Mrs G Sinclair
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
Mrs A MacArthur, Administrative Assistant

Also Attending:

Inspector M MacInnes, Police Scotland

Also in Attendance:

Item 6.1 – Mr A Beattie, applicant
Item 7.1 – Mrs L Murray, Solicitor for the applicant, Mr Peter Rattray and Mr A Gilchrist, Highland Homeless Trust; Mr M Brandon and Mrs M Rattray, for the applicant; Mr G Ross, Mr W R Fraser and Mrs E Girvan, Objectors.
Item 10.1 – Mr A Currie, Mr J Campbell, Mr J Rodgers, Mr A Bennet, Mr A Murray for the applicant; Mr C Smith, Edderton Community Council and Mr P Gate, objectors.
Item 11.1 – Mr J Abbott, applicant
Item 11.2 and 12.1 – Mr R McDonald, applicant and Mr M Campbell, Solicitor for the applicant
Item 11.3 – Mr A Paterson, applicant and Mr R King, for the 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

None intimated.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 7.1 - Ms M Smith (non-financial)
Item 9 – Mrs L MacDonald, Ms M Smith, Mr J Stone and Mr H Wood (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 13 May 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/035/14 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 29 April 2014 to 03 June 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/036/14 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 Committee AGREED to defer determination of the applications, either:

(a) to allow them to be approved under delegated powers in the event that no objections/representations are received and all outstanding documentation has been received from the applicants; or
(b) to a future meeting of the Committee when the applications will be determined in terms of the Hearings Procedure.

6.  Civic Government (Scotland) Act 1982
Street Trader’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachd Neach-malairt Sràide

6.1  Application for a Street Trader’s Licence – Andrew Beattie

There had been circulated Report No HLC/037/14 by the Legal Manager relating to an application which had been received from Andrew Beattie for the grant of a Street Trader’s licence.

Mr A Beattie spoke in support of his application stating that he was seeking to put on a display of kite flying on the grassy area beside the links at Nairn.  This was an ideal location and would promote tourism in the area.  The display was free with items for sale following the show.

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

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

7.1  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 Homeless Trust Board, and left the Chamber during the determination of this item.

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

There had been circulated Report No HLC/038/14 by the Legal Manager relating to an application for a House in Multiple Occupation Licence from Marilyn Rattray in respect of premises at 35 Glenurquhart Road, Inverness.  The Report advised that three letters of objection had been received in response to the application, as detailed at Appendix 2.  Two petitions objecting to the application had also been received, copies of which were attached at Appendix 3.

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

The Legal Manager confirmed that Mr G Ross, Mr W R Fraser and Mrs E Girvan, Objectors, were present at the meeting.

Mrs L Murray, Solicitor for the Applicant, responded to the objections received to the application and indicated that: 

• Mrs M Rattray had been an experienced landlord for over 20 years with no history of complaint and had never been served with an Anti-Social Behaviour Notice. 
• The house had been purchased in 1999-2000 and in 2011-2012 the title had been transferred to Mrs M Rattray in her sole name;
• Mrs Rattray had originally planned to develop the premises as holiday apartments but 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, the tenants 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 an HMO, notwithstanding the loss of income which would be incurred;
• the premises and its garden ground was well maintained by her client and 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 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 a question from a Member, the Legal Manager referred to correspondance received from the Council’s Technical Officer (HMO) which confirmed that if the Committee were minded to grant the application the applicants would be required to provide additional kitchen facilities to  meet the technical standards of the Council.

The Committee then heard from the three objectors present, who had made the following points:  

• the property was of an inadequate size, and there was inadequate amenity space both internally and externally for the number of residents;
• parking was potentially inadequate for seven people and their visitors;
• the security system had allayed some fears;
• residents in the area should feel comfortable in their own neighbourhood;
• was the applicant a fit and proper person to hold an HMO licence;
• the applicant’s non-compliance with planning conditions and the house left in a dilapidated state for long periods of time;
• there was a poor record of house management, and dialogue and engagement with neighbours had been very poor;
• the location of the HMO with its proximity to a very busy main road and licensed premises;
• a lack of trust in the group with their track record for this property;
• concerns that the property had regularly changed hands;

Members had the following questions for objectors:  

• Was there a person responsible for the running of the premises residing at the premises during the earlier occupation?
• Who was the owner of the property?
• Were there other HMO properties in Glenurquhart Road and their proximity to this house?

The objectors responded that no-one responsible had been residing at the premises.

The Legal Manager advised that the applicant had to be the owner of the property under the terms of the Housing (Scotland) Act 2006 and ownership had been confirmed in the name of Mrs M Rattray.

Mrs Girvan advised that there were other HMOs in close proximity which did nothave planning permission.

The Legal Manager advised Mrs Girvan to contact Mr M Elsey, the Senior Licensing Officer, to advise of these properties so that these properties could be investigated.  The property at 35 Glenurquhart Road did have planning permission for an HMO.

Mrs L Murray then summarised the Applicant’s position: it was common practice for properties to change hands within a company in relation to the company’s tax position.  The parking had been approved by the Planning department.  The objectors should take comfort in the fact that the property would be closely regulated and that if there were any issues at the property the applicant would be brought back before the Committee.  Mrs Rattray was fully registered as a private landlord and had no anti-social behaviour notices against her.  The applicants had met and exceeded the requirements of the HMO legislation.

The Objectors summarised their position.

Following discussion, the Committee AGREED to:

(a) subject to the completion of any requirement required by Services detailed in the Report and submission of all relevant documentation and certification, to grant the application subject to the standard conditions;
(b)  grant delegated powers to the Legal Manager to issue the Licence once the requirements mentioned above have been completed and any documentation and certification received

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 the following items 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.  Private Landlord Registration – Rent Penalty Notices
Clàradh Uachdarain Phrìobhaidich – Brathan Ùnnlagh Màil

Declaration of Interest – Ms M Smith, Mrs L MacDonald, Mr J Stone and Mr H Wood all declared a non-financial interest in this item as they were registered private landlords and left the Chamber during the determination of this item.

As the Chair and Vice Chair had declared an interest in this item, Mr I Cockburn was nominated as the Chair for this item.

There had been circulated to members only Report No HLC/039/13 by the Legal Manager detailing Landlords who had failed to register under Part 8 of The Antisocial Behaviour etc (Scotland) Act 2004.  The Committee was invited to authorise the service of Rent Penalty Notices in respect of the properties detailed.

The Committee AGREED to serve Rent Penalty Notices on the Landlords of those properties listed which remained unregistered.

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

10.1  Premises – Balblair Residential Home, Edderton, Tain

There had been circulated to members only Report No HLC/040/14 by the Legal Manager relating to an application for a House in Multiple Occupation Licence from Ms J A MacMillan in respect of premises at Balblair Residential Home, Edderton, Tain.  The Report advised that a representation had been received from Police Scotland as detailed in Appendix 2.  Two letters of objection had been received after the Report was issued but within the timescale and were circulated to members.

A further objection had been received after the timescale and following Mr P Gane’s explanation for the lateness of his objection, and the applicants’ agreement to its circulation, the Committee agreed to accept it. The letter was circulated and  Members were given time to read the objection.

Mr Rodgers, on behalf of the applicant, spoke in support of his application:  

• the Bethany Christian Trust had 30 years’ experience and had received professional excellence awards for investing in people as well as an award for Scottish Charity of the Year 2009.  The Trust had substantial experience in running an addiction home and had spent in excess of £15,000 on meeting the Highland Council technical standards;
• the residents would receive careful assessment before coming to the Balblair Home and had to be completely alcohol and drug free before admittance.  Careful screening of applicants took place with a two part interview to evaluate how committed they were to recovery;
• the Trust worked closely with the Homeless Prevention Team;
• in a four-year follow-up study it had been identified that 70% of those traceable were living in abstinence and 76% had their own tenancy.  86% enjoyed a vast and significant improvement measured on a proven outcomes matrix in relation to their original presentation.  This was a significant improvement;
• with regard to public nuisance their track record showed a reduction in complaints over 10 years;
• staff who worked at the home would be highly experienced and trained to deal with any issues. The staffing ratio was sufficient.  In most cases staff could contain any issue until help arrived.  The Trust had been accredited with Investors in People Gold Award and various other rewards with very good and excellent accreditations.  The home would not open until a full staff complement had been recruited;
• visitors were regulated and the home would offer visitors a lift back to Tain for public transport.  Public taxis could also be utilised;
• A minimum of 2 staff at night and no oversees volunteers for the first 12 months;
• The police letter had concluded that no criminal act had been carried out and the Trust would be entirely responsible for the home with no involvement from the owner;

Objectors had the following questions:

• The success rates claimed 70%, but this was 70% of those who had been traced.  How many had been traced?
• Where would staff be recruited from?

The study was a follow up after 4 years.  Out of 104 residents, 52 had been      traced. Of the 52, 70% were in recovery and had been in recovery for the previous six months.  These responses had all been verified by the staff that had conducted this survey.

Recruiting events would be held in Alness and would be advertised in the local press.

Members had the following questions:  

• Where is the building in Balblair in relation to houses?
• Was there any back up or support if they had difficult residents in the home?

Balblair was a rural setting and only one house was in the immediate proximity of the Balblair Home.  It was slightly outside the village but within walking distance.  The Home worked very closely with Lewis Hannah and many external counsellors.

Inspector A Macinnes had no questions of the applicants.

Objectors had the following concerns:  

• Residents could claim to be free of drugs and alcohol, but how would the Trust know?
• The village had a very limited infrastructure - what would residents do in the village?  Was this a suitable location for a home of this nature?
• Three staff would be preferable to two staff overnight;
• How would the curfew be enforced?  

Residents would be interviewed and would receive careful assessment.  During their stay they would be regularly tested and physiological signs would be carefully watched for to ensure residents were drug and alcohol free.  It was unusual for residents to wander.  Regular entertainment was provided both in the residence and in Inverness, with counselling sessions also held regularly within the home.

The Applicant and Objectors were allowed the opportunity to sum up their respective cases.

Following discussion, the Committee AGREED to:

(a) Subject to the completion of any requirement required by Services detailed in the Report and submission of all relevant documentation and certification, to grant the application subject to the standard conditions;
(b) grant delegated powers to the Legal Manager to issue the Licence once the requirements mentioned above have been completed and any documentation and certification received

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

11.1 Application for the Grant of a Taxi Driver’s Licence – Jamie Abbott

There had been circulated to members only Report No HLC/041/14 by the Legal Manager relating to an application which had been received from Jamie Abbott for the grant of a taxi driver’s licence.

The Committee heard from Mr J Abbott in relation to his application.

The Committee AGREED to grant the application subject to the standard conditions and to warn the Applicant that committing any future offences may lead to his fitness to hold a Licence being reviewed by the Committee.

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

There had been circulated to members only Report No HLC/042/14 by the Legal Manager relating to an application which had been received from Raymond McDonald for the renewal of his taxi driver’s licence.

The Committee agreed to hear this application along with Item 12.1.

The Legal Manager advised that Mr M Campbell, the Applicant’s solicitor, had immediately before the Committee commenced advised him that he intended to refer to a Sheriff Court case in support of his client’s application and had submitted a copy of the judgement. The Legal Manager advised the Committee that he was not familiar with the case and would need time to read the judgement and consider its implications for this item in order that he could give legal advice to the members. He recommended that consideration of the application be deferred to the next meeting of the Committee.

Mr Campbell apologised for lodging the case so late but he had attempted, unsuccessfully to e-mail it the previous day. His client would have no objection to a deferral.

The Committee AGREED to defer consideration of the application to 12 August 2014.

11.3  Application for Renewal of Taxi Driver’s Licence – Alan Paterson

There had been circulated to members only Report No HLC/043/14 by the Legal Manager relating to an application which had been received from Alan Paterson for the renewal of his taxi driver’s licence.

The Committee heard from Mr A Paterson in relation to his application.  Mr R King, Northern Accident Management, gave a character reference in support of Mr Paterson.

The Committee AGREED to grant the application subject to the standard conditions and to warn the Applicant that committing any future offences may lead to his fitness to hold a Licence being reviewed by the Committee.

12.  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

12.1  Application for Renewal of a Private Hire Car Operator’s and Private Hire Car Driver’s Licence – Raymond McDonald

There had been circulated to members only Report No HLC/044/14 by the Legal Manager relating to the holder of a private hire car operator’s and driver’s licence.

This item was heard along with item 12.1.

The Committee AGREED to defer consideration of the application to 12 August 2014.

The meeting closed at 1.00 pm.