Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Town House, Inverness on Tuesday 31 March 2015 at 10.00 am.

Present:

Mr I Cockburn
Mr C Fraser
Mr R Greene
Mr A Henderson
Mrs L Macdonald
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
Mr M McGinty, Trading Standards Officer
Mr T Mitton, Environmental Health Officer
Mrs Alison MacArthur, Administrative Assistant

Also Attending:

Sergeant Bruce Gray, Police Scotland

Also in Attendance:

Item 6.4: Mr J Hercher, licence holder
Item 10.1: Mr A Elarts, applicant
Item 10.2: Mr B T Ramsay, licence holder
Item 10.3: Mrs L Murray, Solicitor for the licence holder
Item 10.4: Mr J K Fox, licence holder

Mr J Stone 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 Mr A Duffy, Mr W Mackay, Mrs G Sinclair and Ms M Smith. 

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 3 February 2015 which was APPROVED.

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

There had been circulated Report No HLC/016/15 by the Legal Manager  detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 21 January 2015 to 17 March 2015.

The Committee NOTED the Report.

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

There had been circulated Report No HLC/017/15 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.

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: Talla nan Ros Village Hall, King Street, Kingussie

There had been circulated Report No HLC/018/15 by the Legal Manager relating to an application for the renewal of a Public Entertainment Licence for Talla nan Ros Village Hall by the Badenoch Community Project. 
The Senior Licensing Officer advised that although an electrical safety report had been submitted there was outstanding remedial work which required to be completed. 

Following discussion the Committee AGREED to grant the following delegated powers to the Legal Manager:

1. If the remedial work required under the electrical report is completed by 15 April 2015, to grant the licence subject to conditions;

2. If the remedial work is not completed by that date, to grant the licence subject to conditions including a condition that the premises may not be used for any activities requiring a Public Entertainment Licence until the remedial work has been completed.

6.2  Premises: Canisbay Hall and Hall Park

There had been circulated Report No HLC/019/15 by the Legal Manager relating to an application for the renewal of a Public Entertainment Licence for Canisbay Hall and Hall Park by Canisbay Hall Committee.  An objection had been received from Environmental Health as it had not received an electrical or gas certificate. 

The Senior Licensing Officer advised that the gas certificate had been received but that the electrical certificate was still outstanding. 

The Committee AGREED to grant the following delegated powers to the Legal Manager:

1. If any remedial work required under the Electrical Report is completed by 26 April 2015, to grant the licence subject to conditions;

2. If the remedial work is not completed by that date, to grant the licence subject to conditions including a condition that the premises may not be used for any activities requiring a Public Entertainment Licence until the remedial work has been completed.

6.3  Premises: Strontian Village Hall, Strontian

There had been circulated Report No HLC/020/15 by the Legal Manager relating to an application for the renewal of a Public Entertainment Licence for Strontian Village Hall, Strontian  by Strontian Hall Management Committee.  Representations had been received from Environmental Health and  Building Standards in relation to the issues detailed in the report.  

Members were advised that although the recommendation was for four ladies toilets these were not mandatory.  For the occasions when larger events were held portable toilets could be put in place. 

The Committee AGREED to grant the following delegated powers to the Legal Manager:

1. If any remedial work required under the Electrical Report is completed by 15 April 2015, to grant the licence subject to conditions;

2. If the remedial work is not completed by that date, to grant the licence subject to conditions including a condition that the premises may not be used for any activities requiring a Public Entertainment Licence until the remedial work has been completed.

The Committee further AGREED to ask the licence holder what their intentions are with regard to the provision of additional female toilets.

6.4  Premises: Fun Fair located at Car Park No 2, An Aird, Fort William

There had been circulated Report No HLC/021/15 by the Legal Manager relating to an application for the renewal of a Public Entertainment Licence for Car Park No 2, An Aird, Fort William  by Mr James Hercher.  Objections had been received from Environmental Health, Roads, and the planning authority.  A letter of objection had also been received from a Mr A Jackson. 

Mr Hercher advised that two complaints in relation to noise had been received last year and each had been rectified immediately.  Mr Hercher was willing to take extra steps to avoid any noise disturbance and distributed a Noise Management Plan.  Members took time to read the plan. 

The Environmental Health Officer clarified the two noise complaints from last year stating that Mr Hercher had adjusted the volume immediately.  The Noise Management Plan had been requested and had now been received. 

The Committee AGREED to grant the application subject to conditions including an additional condition regarding the submitted noise management plan:

“A written noise management plan acceptable to Highland Council must be in place for the premises and every location used by the licence holder and any relevant activity or service being provided must be conducted in accordance with that plan.”  

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

7.1  Application for Taxi Driver’s Licence – Shajith C Parambathu

There had been circulated Report No HLC/022/15 by the Legal Manager relating to an application which had been received from Shajith C Parambathu for the grant of a Taxi Driver’s Licence.   Mr Parambathu had to date failed to pass the knowledge test. 

The Committee AGREED that it was minded to grant the application subject to conditions and the applicant passing the knowledge test on or before 21 April 2015 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 had failed to pass the knowledge test by 21 April 2015.

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

8.1  Licensed Taxi Operator – Hugh Hutton

There had been circulated Report No HLC/023/15 by the Legal Manager relating to Licensed Taxi Operator, Mr Hugh Hutton.  The Committee was invited to determine, in accordance with the Hearings Procedure, whether or not to review their decision on 7 October 2014 to impose an additional condition on Mr Hutton’s Operator’s Licence requiring that he submit the vehicle for inspection every 5000 miles or 12 weeks whichever occurs first.  A similar condition had been imposed on another licence holder

The Trading Standards Officer advised that only one test had been undertaken since the last Committee in October and that had been in December and that he understood that the vehicle was not being used at present.  He also advised that in the interests of fairness to the trade the other operators who had been subjected to a similar condition should be considered at the same time. 

Members saw no reason to vary the condition as it was apparent that a test was not occurring as often as every five weeks. 

The Committee AGREED not to remove or amend the additional condition.

9. 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.

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

10.1  Application for Taxi Driver’s Licence – Andrejs Elarts

There had been circulated to members only Report No HLC/024/15 by the Legal Manager relating to an application which had been received from Andrejs Elarts for the grant of a taxi driver’s licence. The Report advised that a letter of representation had been received from Police Scotland and that the applicant had not yet passed the knowledge test. 

The Committee heard from the Senior Licensing Officer in relation to the application.  The applicant spoke in support of his application and Sergeant Gray had no further comments. 

Following discussion the Committee AGREED that it was minded to grant the application subject to conditions and the applicant passing the knowledge test on or before 22 July 2015 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 to pass the knowledge test by 22 July 2015.

10.2 Taxi Driver’s Licence – Blaik T Ramsay

There had been circulated to members only Report No HLC/025/15 by the Legal Manager relating to an application which had been received from Blaik Ramsay for the renewal of his taxi driver’s licence.

The applicant spoke in support of his application.

The Committee AGREED to grant the application subject to conditions and to warn the applicant that if he commits any future offences he may be required to appear before the Committee when his Licence might be suspended.

10.3 Taxi Driver and Taxi Operator’s Licences – Mark Bogue

There had been circulated to members only Report No HLC/026/15 by the Legal Manager relating to a licensed taxi driver and operator, Mark Bogue.  This item had been deferred from the meeting of the Committee on the 3 February 2015 at the licence holder’s request. 

Mrs L Murray, Solicitor for the licence holder, asked the Committee to further defer this item to the next meeting of the Committee due to the applicant’s personal circumstances. 

The Committee AGREED to defer consideration of this application to 12 May 2015.

10.4 Taxi Driver’s Licence – John K Fox

There had been circulated to members only Report No HLC/027/15 by the Legal Manager relating to a licensed taxi driver, John K Fox.  The Report advised that following a medical examination the licence holder did not meet the Council’s required standards.  

The Committee having heard from the licence holder and having considered several letters and e-mails from his GP and Consultant AGREED: 

1. Not to suspend the Licence;

2. That the licence holder be required, within such reasonable period as agreed by the Legal Manager, to produce evidence to the Legal Manager’s satisfaction that the licence holder is medically fit to drive;

3. To write to DVLA requesting that the licence holder undergo the further medical test proposed by his GP and Consultant;

4. That such test be at the licence holder’s expense;

5. That in the event that he failed the test, the Legal Manager would consider exercising his delegated powers to order immediate suspension of the licence.

The meeting closed at 11.25 pm.