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 3 February 2015 at 10.00 am. 

Present: 

Mr I Cockburn, Mr A Duffy (from Item 4), Mr C Fraser, Mr R Greene, Mrs L Macdonald, Mr W MacKay, Mr J Rosie, Mrs G Sinclair (from Item 8.1), Ms M Smith, Mr J Stone and Mr H Wood.

In Attendance: 

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

Also Attending:

Sergeant S Campbell, Police Scotland
Sergeant Bruce Gray, Police Scotland

Also in Attendance:

Item 8.1: Mr J Aitken, applicant
Item 11.1: Mr J Fraser, licence holder and Mr E MacDonald, applicant’s solicitor
Item 11.2: Mr J Fraser, licence holder
Item 11.3: Mr J Burns, licence holder and Mr D Mackenzie, applicant’s solicitor
Item 11.4: Ms S Fraser, applicant and Mr J Fraser, applicant’s father
Item 11.5: Mr G Barnes, 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. Presentation by Trading Standards 
Taisbeanadh le Inbhean Malairt

There was a presentation by Trading Standards on the work of Trading Standards Officers with regard to taxi and private hire car licences and the following main areas were outlined:

• Penalty Points System;
• On Rank Inspections;
• Targeted Enforcement Operations;
• Multi-agency Enforcement Days;
• Meter Testing, and
• Advice to Trade.

A business guidance leaflet had been drawn up on the penalty points system and had now been distributed to every licensee to explain the penalty points system.

In response to questions it was confirmed that:

• Trading Standards were unaware of any other local authority operating a Points System; 
• the trigger point for taking a licence holder to Committee was at 20 points and this would run over a two year cycle,and 
• the Trading Standards Officers had discretion to remove and add points.

The Chair thanked the Trading Standards Officer for his presentation.

2. Apologies for Absence 
Leisgeulan

Apologies for absence were intimated on behalf of Mr A Henderson.

3. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 10 – Mrs L MacDonald, Ms M Smith, Mr J Stone and Mr H Wood (non-financial).

4. 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 11 December 2014; and

ii. the minute of the meeting of the Highland Licensing Committee held on 6 January 2015.

Following correction to the minute of the meeting on 6 January 2015 at Item 6.1 where the declaration should be amended to read “a friend of the applicant’s family” both the minutes were APPROVED.

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

There had been circulated Report No HLC/004/15 by the Legal Manager detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 10 December 2014 to 20 January 2015.

The Committee NOTED the Report.

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

There had been circulated Report No HLC/005/15 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. 

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: Contin Community Centre and Grounds

There had been circulated Report No HLC/006/15 by the Legal Manager relating to an application which had been received for a Public Entertainment Licence for Contin Community Centre and Grounds, The Old School, Contin by Contin Community Trust. An objection has been received from Environmental Health as it has been over 3 years since the last inspection.

The Senior Licensing Officer advised that the outstanding Environmental Health issue had been resolved.

The Committee agreed to note that the outstanding issue regarding the electrical certificate had been addressed and that the licence had accordingly been GRANTED under delegated powers.

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

8.1 Application for a Street Trader’s Licence – James Aitken

There had been circulated Report No HLC/007/15 by the Legal Manager relating to an application which has been received from James Aitken for the grant of a Street Trader’s Licence. 

Mr Aitken wanted to explore the market in the city centre for guided tours of the surrounding area.

Following a question, the Senior Licensing Officer stated that street traders could not operate within 25 metres of each other unless they agreed between themselves that they would be happy to do this. Otherwise it would be for both traders to agree to work particular days or hours to ensure this condition was met.

The Committee agreed to GRANT the application subject to the Standard Street Traders Licence conditions. 

9. 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 Item on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act. 

10. Private Landlord Registration – Rent Penalty Notices
Clàradh Uachdarain Phrìobhaidich – Brathan Ùnnlagh Màil

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

There had been circulated to members only Report No HLC/008/15 by the Legal Manager detailing Landlords who have failed to register under Part 8 of The Antisocial Behaviour etc (Scotland) Act 2004.  The Committee is invited to authorise the service of Rent Penalty Notices in respect of the properties detailed. 

The Committee AGREED to authorise the service of Rent Penalty Notices in respect of the properties detailed in the Schedule attached to the Report. 

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 Taxi and Private Hire Car Operator’s Licences and Taxi Driver’s Licence – John Fraser 

There had been circulated to members only Report No HLC/009/15 by the Legal Manager relating to Taxi and Private Hire Car Operator’s Licences and a Taxi Driver’s Licence held by John Fraser. The Report advised that a letter of complaint had been received from Police Scotland.

The Committee heard from the Senior Licensing Officer, Sergeant Campbell and the applicant’s solicitor in regard to the circumstances surrounding the objection. 

Following discussion the Committee AGREED that no action should be taken against the licence holder in respect of the complaint by Police Scotland. 

11.2 Application for Renewal of Taxi Operator’s Licence – John Fraser 

There had been circulated to members only Report No HLC/010/15 by the Legal Manager relating to an application which had been received from John Fraser for the renewal of his Taxi Operator’s Licence number 11 582. The Report advised that a letter of objection had been received from Police Scotland.

Having heard previously from the Senior Licensing Officer, Sergeant Campbell and the applicant’s solicitor, and the parties having confirmed that they had nothing further to add to their submissions in respect of item 11.1, the Committee agreed to GRANT the application to renew the licence subject to the Standard Taxi Operator’s Licence conditions. 

11.3 Taxi Operator’s and Taxi Driver’s Licence – John Burns 

There had been circulated to members only Report No HLC/011/15 by the Legal Manager relating to a Taxi Operator’s Licence and Taxi Driver’s Licence held by John Burns. The Report advised that a letter of complaint had been received from Police Scotland.

The applicant’s solicitor circulated two letters of reference in respect of the applicant, one from the applicant’s employer and the other from the applicant’s GP. 

The Committee heard from the Senior Licensing Officer, Sergeant Campbell and the applicant’s solicitor in regard to the circumstances surrounding the letter of complaint from the Police. 

Following debate, Ms M Smith, seconded by Mr J Stone, moved that the applicant’s licences be suspended until the outcome of the court case. 

There being no amendment, the Committee agreed to SUSPEND both licences under Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982, on the ground that the carrying on of the activity to which the licences relate is likely to cause a threat to public safety, with immediate effect and under clarification that the suspension would continue until 

(a) the applicant notifies the Council of the outcome of the current criminal proceedings against him in respect of charges of breach of the peace and two contraventions of the Road Traffic Act 1988 (failing to provide breath specimen at roadside and at police station) referred to in the Police Scotland letter of 30 December 2014, and 

(b) the Council agrees to recall the suspension. 

It was further AGREED that in the event that the licence holder is not convicted on any of the above charges, the Legal Manager shall have delegated power to recall the suspension. In the event that the licence holder is convicted on any of those charges, the suspension shall continue and the matter shall be referred to the Committee for a decision as to whether the suspension should be recalled. In the event of a decision not to recall the suspension, the suspension will continue for the unexpired portion of the duration of the licence or for such shorter period as the Committee may fix. 

11.4 Application for Taxi Driver’s Licence – Shari Fraser 

There had been circulated to members only Report No HLC/012/15 by the Legal Manager relating to an application which had been received from Shari Fraser for the grant of a Taxi Driver’s Licence. The Report advised that a letter of objection had been received from Police Scotland.

The Committee heard from the Senior Licensing Officer, Sergeant Campbell, the applicant’s father and the applicant.

The applicant’s father stated that it had not been Ms Fraser’s intention to deceive. Ms Fraser had not realised that she had to declare fixed penalties.

The Committee AGREED that the Committee was minded to grant the application subject to the applicant passing the knowledge test and that delegated power be given to the Legal Manager to issue the licence in that event, or to refuse the application if the applicant failed the knowledge test. 

11.5 Application for Taxi Driver’s Licence – George Barnes 

There had been circulated to members only Report No HLC/013/15 by the Legal Manager relating to an application which had been received from George Barnes for the grant of a Taxi Driver’s Licence. The Report advised that a letter of objection had been received from Police Scotland.

The Committee heard from the Senior Licensing Officer, Sergeant Campbell and the applicant. 

The applicant stated that he had not set out to deceive the committee. He had not realised he had to declare spent convictions.

The Committee AGREED that it was minded to grant the application subject to receipt of a satisfactory medical report and that delegated power be given to the Legal Manager to issue the licence in that event, or to refuse the application if the medical report indicated that Mr Barnes did not meet the approved medical standard.

11.6 Licensed Taxi Driver and Taxi Operator – Mark Bogue 

There had been circulated to members only Report No HLC/014/15 by the Legal Manager relating to a licensed taxi driver and operator, Mark Bogue. The Report advised that the licence holder had given notice of a recent conviction and a fixed penalty which he had received.

The Depute Clerk advised that Ms L Murray, the applicant’s solicitor had asked that this item be deferred to the next Committee meeting as Mr Bogue had been unable to attend this Committee meeting and Ms Murray had only recently been instructed. 

The Committee agreed at the request of the licence holder’s solicitor, to DEFER the matter to the next meeting of the Committee.

11.7 Licensed Taxi Driver – Abdul Farook 

There had been circulated to members only Report No HLC/015/15 by the Legal Manager relating to a licensed taxi driver, Abdul Farook. The Report advised that a letter of complaint had been received from Police Scotland.

Mr Farook was not present or represented.

The Committee agreed to SUSPEND the licence under Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982, with immediate effect and for the remaining period of the licence, on the ground that the licence holder is no longer a fit and proper person to hold the licence.

The meeting closed at 12.30 pm.