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 04 November 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 J Rosie, Ms M Smith, Mr J Stone and Mr H Wood. 

In Attendance:  

Mr A Mackenzie, Legal Manager (Clerk)
Ms S Blease, Principal Solicitor (Regulatory Services)
Mr M Elsey, Senior Licensing Officer
Mr M McGinty, Trading Standards Officer
Mrs Alison MacArthur, Administrative Assistant

Also Attending:

Inspector A MacLeod, Police Scotland

Also in Attendance:  

Item 8.1: Ms L Main, Applicant, Mr A Rasul, Applicant’s Agent
Item 9.1: Mr K Finnerty, Licence Holder
Item 9.3: Mr D Laidlaw, Licence Holder
Item 11.2: Mr D MacColl, 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

Apologies for absence were intimated on behalf of Mrs G Sinclair and Mr W MacKay.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.  Confirmation of Minutes 
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as correct records:  

i)  the minute of the meeting of the Highland Licensing Committee held on 25 September 2014; and

ii)  the minute of the meeting of the Highland Licensing Committee held on 7 October 2014

which minutes were APPROVED.

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

There had been circulated Report No HLC/071/14 by the Legal Manager  detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 24 September 2014 to 21 October 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/072/14 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
Applications for a Public Entertainment Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Ceadachd Aoigheachd Phoblaich

6.1  Premises: Kincraig Community Hall, Suidhe Crescent, Kincraig

There had been circulated Report No HLC/073/14 by the Legal Manager relating to an application for the renewal of a Public Entertainment Licence for Kincraig Community Hall by Kincraig Community Hall Association. 

The Legal Manager advised that the applicant had submitted an up to date Electrical Installation Report which was unsatisfactory as there was a Code C2 that required urgent remedial action .  Remedial action had been undertaken and a satisfactory Electrical Installation Report submitted.  The licence had therefore been granted under delegated powers. 

The Committee AGREED to note that as the fault identified in the electrical installation report had been rectified the Licence had been issued under delegated powers.

7.  Civic Government (Scotland) Act 1982
Application for Street Trader’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Ceadachd Neach-malairt Sràide

7.1  Application for a Temporary Street Trader’s Licence – Yvonne Gallacher

There had been circulated Report No HLC/074/14 by the Legal Manager relating to an application which had been received from Yvonne Gallacher per Poppy Scotland  for the grant of a temporary Street Trader’s Licence.

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

8.  Housing (Scotland) Act 2006
Application for a House in Multiple Occupation Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Ceadachd Thaighean ann an Ioma-sheilbh

8.1  Premises – 1 Rangemore Road, Inverness

There had been circulated Report No HLC/075/14 by the Legal Manager relating to an application which had been received from Ms Laura Main for the grant of a House in Multiple Occupation Licence in respect of premises at 1 Rangemore Road, Inverness.  The Report advised that an objection had been received from a neighbour.  

Ms L Main, the Applicant, then spoke in support of her application during which she advised that the house had been let for a period of more than 17 years and had enjoyed the benefit of an HMO Licence since 2009.  During that period no complaints had been before the Licensing Committee.  Ms Main had acquired the house in August and intended to continue letting on the same basis as the previous owner with five residents.  Ms Main addressed the following points of objection from a neighbour:

• Fit and proper person – Ms Main was a fit and proper person and had engaged a professional letting agent to manage the property;
• The living accommodation had been refurbished and was suitable for multiple occupancy in compliance with licensing standards and conditions;
• Suitable location – there were a number of Bed and Breakfast properties, an Hotel and other HMOs in the vicinity;
• Rooms had not been sub-divided when the house had been refurbished and accommodation would still be provided for 5 single occupancy tenants on a short term assured tenancy;
• Safety and security – all aspects of the licensing standards and conditions had been met;
• Public nuisance – the letting agent would screen all potential tenants;
• Noise from running water and toilets – following refurbishment the noise from running water and toilets had been mitigated with one wash hand basin being moved from an adjoining wall;

Mr A Rasul, the applicant’s letting agent, stated that Ms Main had shown exemplary commitment to the setting up of this HMO.  Mr Rasul confirmed that all tenants would be screened and any complaints received would be dealt with quickly before they escalated. 

Inspector A MacLeod stated that there had been no significant history of complaints to the Police in relation to the previous HMO licence for this house. 

The Committee AGREED that it was minded to grant the application subject to the standard conditions with delegated powers to the Legal Manager to issue the licence once any requirement by the consultant Services had been completed and any relevant documentation and certification submitted or to refuse the application in the event that this does not happen.

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

9.1  Application for Renewal of Taxi Operator’s Licence – Kenneth Finnerty

There had been circulated Report No HLC/76/14 by the Legal Manager relating to an application which had been received from Kenneth Finnerty for the renewal of his taxi operator’s licence.  The Report advised that a letter of objection had been received from Trading Standards. 

The Committee heard from Mr M McGinty, Trading Standards, with regard to the penalty points accrued by Mr Finnerty. 

Mr Finnerty, then spoke in support of his application during which he advised that he had a pretest on the vehicle prior to the taxi test to identify the work requiring to be done on the car.  If these points had not been added he would not be before the committee.

Mr McGinty replied that Trading Standards had the power to remove points if they had not been applied appropriately.

Members had the following questions of the applicant:

• Why had the taxi been in operation with a piece of wood to replace a broken window?

Mr Finnerty stated that the window had been damaged on a Saturday night and he had to wait for a resolution of the court case to have the window replaced.  This vehicle was now no longer in use. 

Mr McGinty stated that the window should have been replaced before the vehicle carried members of the public. 

The Committee AGREED to grant the application subject to the standard conditions with the additional condition that any vehicle held on this Licence be subject to three monthly vehicle inspections for the first 12 months, thereafter this to be reviewed with Trading Standards.  

9.2  Application for Taxi Driver’s Licence – Sonya Sinclair  

There had been circulated Report No HLC/077/14 by the Legal Manager relating to an application which had been received from Sonya Sinclair for the grant of a Taxi Driver’s Licence.  Ms S Sinclair had failed to pass the knowledge test.  

The Committee AGREED to allow the applicant until 9 December 2014 to pass the general knowledge section of the knowledge test, failing which to refuse the application on the grounds that the applicant is not a fit and proper person to be the holder of a licence.  

9.3  Licence Holder – David Laidlaw 

There had been circulated Report No HLC/078/14 by the Legal Manager relating to a breach of Taxi Operator Licence Conditions.  The Report advised that a letter of objection had been received from Trading Standards. 

Mr Laidlaw, licence holder, stated that he had been unaware of the Council’s penalty point system and the totting up procedure.  He had further been unaware that the pretest would not guarantee passing the Council’s test.  He would in future use the Council approved garage for his pretest.  

The Committee AGREED, other than to issue a warning, to take no action. 

9.4  Licence Holder – Evan Cameron 

There had been circulated Report No HLC/079/14 by the Legal Manager relating to a breach of Taxi Operator Licence Conditions.  The Report advised that a letter of objection had been received from Trading Standards. 

The Legal Manager advised that a recorded delivery letter had been sent and several attempts had been made to contact Mr Cameron but officers had failed to contact him. 

Mr McGinty stated that the vehicle had caused concern over a period of time following a safety issue and several minor faults. 

Ms M Smith, seconded by Mr A Henderson moved that an additional condition be imposed requiring that any vehicles held on the licence be subject to three monthly checks. This additional condition to remain in force for the unexpired portion of the Licence.

Mr A Duffy, moved as an amendment that the application be deferred to the next meeting of the Committee.  There being no seconder the amendment fell.   

The motion therefore became the finding of the meeting and the Committee AGREED that an additional condition be imposed requiring that any vehicles held on the licence be granted subject to three monthly checks. This additional condition to remain in force for the unexpired portion of the Licence.

The Legal Manager discussed the merits of a presentation from Trading Standards to members to explain the work that they do, this should not be heard on the same day as a case for penalty points was before the Committee in the interests of fairness.   

Members AGREED that a presentation from Trading Standards should be heard prior to the meeting of the Committee on 3 February 2015 at 10.00 am.  

10.  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 11.1, 11.2, 11.3, 12.1 and 12.2 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.

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

11.1  Application for Renewal of Taxi Driver’s Licence – Robert Beckwith

There had been circulated to members only Report No HLC/080/14 by the Legal Manager relating to an application which had been received from Robert Beckwith for the renewal of his taxi driver’s licence.   

A written submission from the applicant was circulated at Committee and the Members were given time to read the submission.  

Members were content that the letter was genuine and asked that Mr Beckwith be more careful in declaring offences in future.   

The Committee AGREED to grant the application subject to the standard conditions but to warn the applicant as to his future conduct.  

11.2  Application for Renewal of Taxi Driver’s Licence – Donald MacColl  

There had been circulated to members only Report No HLC/081/14 by the Legal Manager relating to an application which had been received from Donald MacColl for the renewal of his taxi driver’s licence.

The Committee heard from Mr D MacColl in relation to his application.

The Legal Manager asked Mr MacColl why he had not brought a letter from his doctor to the Committee stating that he was fit.

Mr MacColl responded that he had been unaware that a letter from his doctor was required.

Ms M Smith stated that without a letter the Committee had no evidence that Mr MacColl was fit to drive a taxi.  The Committee had a duty to protect the public. 

The Committee AGREED to grant the application but to order its immediate suspension until such time as the Licence Holder produced evidence that he met the required medical fitness standards.

11.3  Application for Taxi Driver’s Licence – John MacLean

There had been circulated to members only Report No HLC/082/14 by the Legal Manager relating to an application which had been received from John MacLean for the renewal of a Taxi Driver’s Licence.  This application had been deferred, at the applicant’s request, from the meeting held on 7 October 2014.  

The Legal Manager advised that Mr MacLean had requested that determination of his application be further deferred to the next Committee as his legal representative was unable to attend.   

The Committee AGREED to defer the hearing at the Applicant’s request to the meeting on 11 December 2014.   

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

12.1  Licence Holder: Cameron Ross

There had been circulated to members only Report No HLC/083/14 by the Legal Manager relating to a complaint which had been received from Martin Bowie, in respect of Cameron Ross who is the holder of a Street Trader’s Licence.

The Legal Manager advised that the complainer had withdrawn his complaint.

The Committee AGREED to note that the complainer had withdrawn his complaint.

12.2  Application for a Street Trader’s Licence – Wayne Gilbert  

There had been circulated Report No HLC/084/14 by the Legal Manager relating to an application which had been received from Wayne Gilbert for the grant of a Street Trader’s licence. 

The Legal Manager advised that the applicant had requested that his application be deferred to the next committee.   

The Committee AGREED to defer the hearing at the Applicant’s request to the meeting on 11 December 2014.

The meeting closed at 12.20 pm.