Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday 11 December 2014 at 10.30am.  

Present: 

Mr C Fraser, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Mr W MacKay, Mr J Rosie (excluding Items 8.1, 8.3 and 13.1 - 14.3), 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
Mrs Alison MacArthur, Administrative Assistant

Also Attending: 

Sergeant S Campbell, Police Scotland

Also in Attendance: 

Item 8.1, 8.2 and 8.3: Mr G Watson, Applicants’ solicitor
Item 8.1: Mr C Duncan, Licence Holder
Item 8.2: Mr E Kilic, Licence Holder
Item 8.3: Mr M Afif, Licence Holder
Item 11.1: Mr V Cacicovschi, Applicant and Ms E Nicolson, for the Applicant
Item 11.2: Mr J A Riddell, Applicant
Item 12.1: Mr W Gilbert, Applicant and Mr D Mackenzie, Applicant’s solicitor
Item 13.1: Mr P Podgorski, Applicant
Item 14.1: Mr D Gibb, Licence Holder
Item 14.3: Mr J MacLean, Applicant
Item 14.4: Mr B MacDowell, 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 Dr I Cockburn, Mr A Duffy and Mrs G Sinclair.  

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 a correct record the minute of meeting of the Committee held on 4 November 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/085/14 by the Legal Manager  detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 22 October 2014 to 25 November 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/086/14 by the Legal Manager relating to applications which are 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.  Review of Taxi Tariff
Ath-bhreithneachadh air Taraif Tagsaidh

There had been circulated Report No HLC/087/14 by the Legal Manager which invited the Committee to consider when the review of the next taxi tariff should commence.  There is a statutory duty for the Council to have carried out and completed the next review by March 2016. 

The Committee AGREED to commence the review of the taxi tariff as near as possible to the following timetable:

Action	Timetable 2015/15
The Council to consult/meet with persons or organisations appearing to be representative of operators of taxis within its area.	January to April 2015
The Highland Licensing Committee will consider the representations received and agree a draft tariff.	12 May 2015
The draft tariff will be publicised in the P&J (Highland Edition) and on the Council’s website inviting the public to submit comments/representations in relation to the draft tariff within 28 days.	May 2015
Deadline for submissions.	End June 2015
The Highland Licensing Committee will meet to consider the results of the public consultation, and agree a final tariff.	11 August 2015
Any revised fare scale would then come into effect, subject to no appeal to the Traffic Commission being made by the trade.	Mid/late September 2015

7.  Civic Government (Scotland) Act 1982
Applications for a Public Entertainment Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Ceadachd Aoigheachd Phoblaich

7.1  Premises: Poolewe Village Hall, Poolewe, Achnasheen

There had been circulated Report No HLC/088/14 by the Legal Manager relating to an application for a Public Entertainment Licence for Poolewe Village Hall by Poolewe Village Hall Management Committee. 

The Legal Manager advised that the applicant had now submitted a satisfactory Electrical Installation Report and Environmental Health had withdrawn their objection to the grant of the licence.  The Report was withdrawn as the licence had been granted under delegated powers.   

The Committee NOTED the position. 

8.  Civic Government (Scotland) Act 1982  
Application for variation of a Late Hours Catering Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson atharrachadh a thaobh Ceadachd Sholarachd Uairean Anmoch  

As the following three items were similar applications for increasing the terminal hours of a Late Hours Catering Licence, members agreed to consider the principal of the applications first.  The applications were in two parts: an extension to hours during the festive period and a permanent extension to hours for Thursday, Friday and Saturday nights. 

Mr G Watson, representing all three applicants, circulated a photograph to members to show how busy the street was at 3.00 am on Saturday 6 November.  In his opinion and in the opinion of the applicants, the additional half hour and one hour period following the closure of the nightclubs in the area would alleviate the “pinch point” between 2.45 am and 3.00 am in the morning when the nightclubs and late hours catering premises closed.   

There had been no objections to the applications by the Fire Service or the Planning and Building Standards Service.   Environmental Health had submitted a report in relation to litter and noise arising from the additional hours requested.  The Licence holders had thereafter completed a questionnaire and the Environmental Health Service had confirmed that they would have no objection to the variations requested on the basis of the responses received. 

The fire service had said previously that they preferred people to eat before they went home if intoxicated to avoid endangering themselves by cooking with chip pans and the like at home. 

Prolonging the period after the nightclubs closed would diffuse flash points at late hours catering premises and at taxi rank queues. 

During the festive period it had been requested that the late hours catering premises could remain open for a set period of 30 minutes for two applications and one hour for one application following any late closure of the local nightclubs.  

Mr Duncan, Licence Holder for McDonalds Restaurant, outlined the difficulty in keeping a business operating.  Saturday was the busiest day of the week and the operation of the late hours catering had not been taken lightly.  Staff employed on a Saturday night included: 14-16 staff, 2-3 duty managers and 2 SIA trained door stewards.  Extending the hours would disperse customers in a more measured fashion avoiding the current “pinch point”.   

Members asked if any benchmarking had been undertaken for other areas.   

Mr Duncan had looked at Newcastle between 2.30 am and 3.30 am but there had been no rush from the nightclubs, Newcastle operated a 24 hour opening regime so with no shut off point there was no rush.     

Sergeant Campbell, then spoke to their three reasons for objection by Police Scotland: preventing crime and disorder; securing public safety and preventing public nuisance.  Police Scotland was of the opinion that the granting of these extensions would be prejudicial to the attainment of these objectives.  The Police had had to speak to managers and owners of late hours catering premises as issues had occurred when patrons had been sold food after the terminal hour.   

Mr Watson responded to the Police stating that as far as he was aware his clients all closed their doors in advance of the terminal hour as it was in their interests to operate in that way.   

Police Scotland had spoken with the Senior Licensing Officer in relation to two occasions in October of this year.  

Members discussed a trial period of one year to be followed up with reports from the Environmental Health department, the Fire Service and Police Scotland.  As members had a difference of opinion they would vote on each application. 

8.1  Premises – McDonalds Restaurant, 12-22 High Street, Inverness

There had been circulated Report No HLC/089/14 by the Legal Manager relating to an application for variation of a Late Hours Catering Licence in respect of premises at McDonalds Restaurant, 12-22 High Street, Inverness.

Following discussion, Mr A Henderson, seconded by Mr R Greene moved that the application be refused in respect of the very clear Police objection.  

Ms M Smith, seconded by Mr J Stone moved as an amendment that the application be AGREED with standard conditions and an additional condition(s) requiring the Licence Holder to notify the Council of the times and dates of opening but not to remain open if no premises with a liquor licence are open.   The grant to be for a trial period of one year, following which the Committee will review the position and decide whether to “grant” for the remaining two years.  

On a vote being taken, two votes were cast in favour of the motion and six votes in favour of the amendment as follows:  

For the Motion (2)  

Mr R Greene and Mr A Henderson.

For the Amendment (6)

Mr C Fraser, Mr L Macdonald, Mr W MacKay, Ms M Smith, Mr J Stone and Mr H Wood.

The motion therefore became the finding of the meeting and the Committee AGREED to grant the application as applied for subject to the standard conditions and an additional condition(s) requiring the Licence Holder to notify the Council of the times and dates of opening but not to remain open if no premises with a liquor licence are open. The grant to be for a period of one year when the Committee will review the position and decide whether to “grant” for the remaining two years.

8.2  Premises – Topkapi Takeaway, 44 Baron Taylor Street, Inverness

There had been circulated Report No HLC/090/14 by the Legal Manager relating to an application for variation of a Late Hours Catering Licence in respect of premises at Topkapi Takeaway, 44 Baron Taylor Street, Inverness. 

Following discussion, Mr A Henderson, seconded by Mr R Greene moved that the application be refused in respect of the clear Police objection.  

Ms M Smith, seconded by Mr J Stone moved as an amendment that the application be AGREED with standard conditions and an additional condition(s) requiring the Licence Holder to notify the Council of the times and dates of opening but not to remain open if no premises with a liquor licence are open.   The grant to be for a trial period of one year, following which the Committee will review the position and decide whether to “grant” for the remaining two years.

On a vote being taken, two votes were cast in favour of the motion and seven votes in favour of the amendment as follows:  

For the Motion (2)  

Mr R Greene and Mr A Henderson. 

For the Amendment (7) 

Mr C Fraser, Mr L Macdonald, Mr W MacKay, Mr J Rosie, Ms M Smith, Mr J Stone and Mr H Wood. 

The motion therefore became the finding of the meeting and the Committee AGREED to grant the application as applied for subject to the standard conditions and an additional condition(s) requiring the Licence Holder to notify the Council of the times and dates of opening but not to remain open if no premises with a liquor licence are open. The grant to be for a trial period of one year when the Committee will review the position and decide whether to “grant” for the remaining two years.  

8.3  Premises – Zoom Takeaway, 23 Baron Taylor Street, Inverness

There is circulated Report No HLC/091/14 by the Legal Manager relating to an application for variation of a Late Hours Catering Licence in respect of premises at Zoom Takeaway, 23 Baron Taylor Street, Inverness  (Inverness Central Ward).

Following discussion, Mr A Henderson, seconded by Mr R Greene moved that the application be refused in respect of the clear Police objection.  

Ms M Smith, seconded by Mr J Stone moved as an amendment that the first part of the application be AGREED but with the second part the extension be restricted to 30 minutes (instead of the one hour applied for) with standard conditions and an additional condition(s) requiring the Licence Holder to notify the Council of the times and dates of opening but not to remain open if no premises with a liquor licence are open.   The grant to be for a trial period of one year, following which the Committee will review the position and decide whether to “grant” for the remaining two years.   

On a vote being taken, two votes were cast in favour of the motion and six votes in favour of the amendment as follows:  

For the Motion (2)  

Mr R Greene and Mr A Henderson. 

For the Amendment (6) 

Mr C Fraser, Mr L Macdonald, Mr W MacKay, Ms M Smith, Mr J Stone and Mr H Wood. 

The motion therefore became the finding of the meeting and the Committee AGREED to grant the first part of the application as applied for but with regard to the second part only an extension of 30 minutes (instead of the one hour applied for) subject to the standard conditions and an additional condition(s) requiring the Licence Holder to notify the Council of the times and dates of opening but not to remain open if no premises with a liquor licence are open. The grant for a trial period of one year when the Committee will review the position and decide whether to “grant” for the remaining two years.  

The Committee further AGREED to grant delegated powers to the Legal Manager to grant any further similar applications on the same terms and conditions.  

9.  Civic Government (Scotland) Act 1982
Taxi Driver’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Dhràibhearan Tagsaidh

9.1  Application for Taxi Driver’s Licence – Jena McLean

There had been circulated Report No HLC/092/14 by the Legal Manager relating to an application which has been received from Jena McLean for the grant of a Taxi Driver’s Licence.  Ms J McLean had failed to pass the knowledge test on the one occasion she had sat it.

The Committee AGREED to allow the applicant until 6 January 2015 to pass 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.

10.  The Committee is asked to resolve 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. 

11.  Civic Government (Scotland) Act 1982
Application for Itinerant Metal Dealer’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Ceadachd Neach-malairt Siùbhlach Meatailt 

11.1  Application for an Itinerant Metal Dealer’s Licence – Vitalie Cacicovschi

There had been circulated to members only Report No HLC/093/14 by the Legal Manager relating to an application which has been received from Vitalie Cacicovschi for the grant of an itinerant metal dealer’s licence. The Report advised that a letter of objection had been received from Police Scotland outwith the permitted timescale.   

Following discussion and having heard from Sergeant Campbell and the Applicant, the Committee accepted the late letter of objection from Police Scotland.  

The Committee heard from Mr V Cacicovschi, the applicant and his partner Ms E Nicolson.  Mr Cacicovschi stated that he wanted to make amends and make a living from dealing in scrap.  Ms Nicolson vouched for her partner and stated that she would do her best to ensure that the vehicles were kept in a fit and proper condition. Mr Cacicovschi had access to a weigh bridge and would utilise this.  

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

11.2 Application for an Itinerant Metal Dealer’s Licence – James A Riddell

There had been circulated to members only Report No HLC/094/14 by the Legal Manager relating to an application which has been received from James A Riddell for the grant of an itinerant metal dealer’s licence.  The Report advised that a letter of objection had been received from Police Scotland.   

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

Mr J A Riddell stated that the expired licence had been an oversight.  The previous vehicle had been replaced in February and the new vehicle had a greater load capacity.   

Sergeant Campbell stated that the police did not consider Mr Riddell was a fit and proper person to hold a licence. 

Following discussion, the Committee AGREED to grant the application subject to the standard conditions. 

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

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

There had been circulated Report No HLC/095/14 by the Legal Manager relating to an application which has been received from Wayne Gilbert for the grant of a Street Trader’s licence.  The Report advised that a letter of objection had been received from Police Scotland.  The Planning Service had also responded that planning permission could not be traced in respect of this use on this site.  If the kiosk was to be sited for more than any part of any 28 days in any calendar year then planning permission would be required. 

Mr D Mackenzie, the Applicant’s solicitor, stated that the applicant had had a serious accident and as a result had had to give up his building business and was looking to set up as a Street Trader in the industrial estate in Muir of Ord.  

Mr Gilbert had invested heavily in this new venture and had made a mistake in filling in the forms.  Mr Gilbert was aware that the police would check his application and had not intended to mislead.  If the Committee were to approve the application it would give Mr Gilbert an opportunity to prove he can be a responsible licence holder.   

The Committee then heard from Sergeant Campbell. Police Scotland did not consider Mr Gilbert to be a fit and proper person to hold a licence.   Mr Gilbert continued to come to the attention of the police.

The Committee AGREED to grant the application subject to the standard conditions with delegated powers to the Legal Manager to issue the licence once the kiosk had received its certificate of compliance from Environmental Health or to refuse the application in the event that this does not happen. 

The Committee then broke for lunch at 1.15 pm.  

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

13.1  Application for Private Hire Car Driver’s Licence – Przemyslaw Podgorski

There had been circulated to members only Report No HLC/096/14 by the Legal Manager relating to an application which has been received from Przemyslaw Podgorski for the grant of a private hire car driver’s licence. The Report advised that a letter of representation had been received from Police Scotland.  

The Committee heard from Mr P Podgorski and Sergeant Campbell in relation to the application.  

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

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

14.1  Application for Renewal of Taxi Driver’s Licence – Dion Gibb 

There had been circulated to members only Report No HLC/097/14 by the Legal Manager relating to an application which has been received from Dion Gibb for the renewal of his taxi driver’s licence. 

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

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

14.2  Application for Renewal of Taxi Driver’s Licence – Douglas MacLeod 

There had been circulated to members only Report No HLC/098/14 by the Legal Manager relating to an application which has been received from Douglas MacLeod for the renewal of his taxi driver’s licence.  

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

14.3  Application for Taxi Driver’s Licence – John MacLean 

There had been circulated to members only Report No HLC/099/14 by the Legal Manager relating to an application which has been received from John MacLean for the grant of a taxi driver’s licence. The Report advised that a letter of objection had been received from Police Scotland.  

Mr J MacLean advised the Committee that he had met with the Police prior to his application and obtained a disclosure.  He had been advised to obtain a more recent disclosure and had done so.  He deeply regretted his previous behaviour and wanted a chance to better himself.  He had been an HGV driver for six years with no convictions.  

Sergeant Campbell spoke to the police objection.  

The Committee AGREED to grant the application subject to the standard conditions with delegated powers to the Legal Manager to issue the licence once the applicant had passed the knowledge test or to refuse the application in the event that this does not happen by 10 January 2015.  

14.4  Application for Taxi Driver’s Licence – Barry MacDowell 

There had been circulated to members only Report No HLC/100/14 by the Legal Manager relating to an application which has been received from Barry MacDowell for the grant of a taxi driver’s licence. The Report advised that a letter of representation had been received from Police Scotland.  

The Committee heard from Mr B MacDowell and Sergeant Campbell in relation to the application.  

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

The meeting closed at 2.20 pm.