Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 12 May 2015 at 10.00 am. 

Present: 

Mr A Duffy (excluding Items 14.3 and 14.4); Mr C Fraser; Mr R Greene; Mr A Henderson (excluding items 14.2 and 14.3); Mrs L Macdonald (excluding item 10); Mr W Mackay (excluding items 7.2, 7.3 and 7.4); Mrs G Sinclair (from Item 7.1); Mr J Stone (excluding item 10); Mr H Wood (excluding item 10); Mr J Rosie (excluding item 12.1) and Ms M Smith (excluding item 10).

In Attendance: 

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

Also Attending:

Sergeant Bruce Gray, Police Scotland

Also in Attendance:

Item 12.1: Mr K Maitland, applicant and Mr W Whytock, for the applicant
Item 13.1: Mr M Brooks, licence holder and Mr P Wilson, for the applicant
Item 14.1: Mr A Mackenzie, licence holder
Item 14.3: Mr P Brooks, licence holder 
Item 14.5: Mr J Burns, licence holder and Mrs L Murray, Solicitor for the licence holder
Item 14.6: Mr M Bogue, licence holder and Mrs L Murray, Solicitor for the licence holder
Item 14.7: Mr M Stewart

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

An apology for absence was intimated on behalf of Mr I Cockburn.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Items 7.2, 7.3 and 7.4: Mr W Mackay (financial)
Item 10: Mrs L MacDonald, Ms M Smith, Mr J Stone and Mr H Wood (non-financial) 
Item 14.3 – Mr A Duffy (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 31 March 2015 which was APPROVED.

It was AGREED that, following a decision of the Highland Licensing Board taken at the request of the Highland Licensing Forum, the Committee would now commence at 10.00 am.

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

There had been circulated Report No HLC/028/15 by the Legal Manager detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 18 March 2015 to 28 April 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/029/15 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. Taxi Tariff Review
Ath-sgrùdadh air Taraif Thagsaidhean 

There was circulated Report No HLC/30/15 by the Legal Manager advising the Committee of the feedback received from the taxi and private hire car (PHC) trade in relation to the review of the current taxi fare scales following a number of meetings held with the taxi/PHC trade in Highland. The Report invited members to consider the responses and the additional information provided in the Report and then to agree a draft tariff for public consultation.

Attention was drawn to an error in the last bullet point in section 2.2 of the Report and in the “Tariff Times” section of Appendix 4 where, in each case, “7.00 am to 7.00 pm” should read “7.00 pm to 7.00 am”. This correction was noted.

Mr M Elsey then explained the pre-review consultation process which had been undertaken. The Taxi and Private Hire Sub-Group had held meetings with the taxi/PHC trade in Fort William, Wick, Dingwall and Inverness in March 2015. As there were no persons or organisations appearing to be representative of taxi operators in the whole Highland area, all taxi and private hire car operators and drivers in Highland had been sent invitations to attend these meetings to offer their initial views on how the tariff should be reviewed. They had also been invited to submit their views in writing following these meetings. One operator, Mr C Cumming, had done so and his written submission was attached at Appendix 3. 

Paragraph 2.3 of the Report provided details of the views expressed by the operators and drivers who had attended these meetings. Appendix 4 provided a summary of the various changes suggested by those attendees. Appendix 5 provided details of the effects those suggested changes would have on fares over a range of distances between 1-100 miles. 

Also provided were: 

• details of average motoring costs for the period 2011 to 2014 and the percentage increases or decreases (Appendix 6)
• details of taxi tariffs in other Scottish Local Authorities and a comparison with Highland (Appendix 7)
• an illustration of the effect of inflation, showing year on year adjustments to the Tariff 1 flag drop and additional yardage charge since July 2011 using the Consumer Price Index (Appendix 8) and the effects these inflationary adjustments would have on fares over a range of distances between 1-100 miles (additional document circulated at the meeting).

Mr Elsey then invited the Committee to consider all of the information contained in the Report and Appendices and thereafter to agree a draft tariff which would then be advertised for public consultation.

The Chairman drew members’ attention to the existing tariff details set out in Appendix 1. She then asked them to consider the various changes suggested by the operators who had attended the Sub-Group meetings in March, as set out in Appendices 3 and 4.

In relation to the changes suggested by the Inverness Taxi Alliance (the Alliance), she asked members to bear in mind that it was understood that the Alliance had approximately 40 members at the moment so was not representative of all operators or drivers in Highland.

The Chairman also reminded members that at the last review, the Committee had wished to raise the tariff but not to the level which had been requested by the Alliance. This had mainly been as a result of consideration of the views of those of the Lochaber operators who had engaged in the consultation and had not wanted any increase.

Mr Elsey confirmed that the 4 Lochaber operators who had attended the Sub-Group meeting in May had all advised that they wished no increase in the Tariff. Two had requested that Tariff 2 be changed to apply only from midnight to 7.00 am. The other two were happy with the existing tariff times. 

One Lochaber operator had asked whether he could have his meter calibrated to a tariff under the maximum set by the Council. The principle reason given for this request was that the operator understood that HMRC used taxi meters to verify tax returns for taxi drivers. Mr Elsey had subsequently contacted HMRC who had confirmed that they did not use taxi meter readings in their assessment. They would generally go by the mileage of the vehicle and not by what was recorded on the meter. 

Mr Elsey had also consulted Trading Standards who had confirmed that a taxi meter could be set at a tariff lower than the maximum, but only in respect of the amount charged. The initial and subsequent yardages themselves could not be varied on individual meters because of the layout of the taxi meter tracks. 

Mr Elsey then drew attention to pages 27, 28 and 29 of the papers (Appendix 5), which illustrated the effect on fares, over a range of distances between 1-100 miles, of the changes proposed by those of the attendees at the Sub-Group meetings who were seeking an increase. Those attendees were the Alliance, Mr Cumming and another Dingwall operator who had asked for an increase of at least 5%. 

He also drew attention to the further document circulated at the meeting as an addition to Appendix 8. This illustrated, for Tariff 1, the effect of increasing the tariff by annual inflation (using the Consumer Price Index) since the last increase and the effect this would have on fares over a range of distances between 1-100 miles. An increase in line with inflation had been suggested by one of the operators who had attended the Sub-Group meeting in Dingwall. 

Mr A Henderson asked whether the four Lochaber operators who attended the Sub-Group meeting in Fort William were representative of the Fort William operators. Mr Elsey advised that he believed they had attended just as individual operators. He stressed, however, that all licensed taxi operators had been invited to attend the Sub-Group meetings. 

Mr Henderson advised that, while noting the feedback from the Lochaber operators who had attended the meeting, he had never once been approached by any of the Lochaber operators or drivers on tariff review issues. 

Mrs L MacDonald commented that while it was clear from Appendix 7 that the Highland tariff was below the Scottish average, it was important that taxi fares in Highland were affordable because the public transport system was not great.

She would therefore be concerned to see the tariff raised up to the levels suggested by some of the operators. She would like, if possible, to keep the tariff at a lower level and around the Scottish average. 

The Chairman agreed that adverse impact on those living in rural areas of Highland had to be considered. The suggested tariff increases which had been put forward by those operators attending the Sub-Group meetings who wanted an increase were, however, very varied. In summary, they were (i) an increase in line with inflation only (which would result in only a very small increase given low inflation rates), (ii) a 5% increase, (iii) a 10% increase and (iv) the much higher increases proposed by the Alliance as set out at the start of Appendix 4. 

Members then considered the two suggestions as to changes to tariff times set out in Appendix 4. The first invited the Committee to consider whether Tariff 2 should apply only from 12 midnight to 7.00 am and the second invited them to consider extending the Tariff 2 time to 7.00 pm to 7.00 am. Currently, Tariff 2 commenced at 9.00 pm and ended at 7.00 am. 

Mr A Duffy suggested that it would be best to propose somewhere in the middle ground between these two suggestions. He proposed 10.00 pm to 7.00 am. The Chairman reminded members that the time had been changed from 10.00 pm to 9.00 pm in January 2013, so Mr Duffy’s suggestion would reverse this. 

Members then considered the suggestions in Appendix 4 with regard to the existing £0.50 pre-booking surcharge. One suggestion was that this surcharge simply be added onto the tariff and the other was that it be increased from £0.50 to £1.00. 

Mr Elsey advised that the level of pre-booking in Highland was likely to be fairly high, particularly in rural areas. Adding the pre-booking surcharge to the tariff would result in inequity, as it would mean every customer would be paying it. 

The Chairman indicated that she would prefer to propose that the charge remain at £0.50 so as not to penalise those who lived in rural areas where pre-booking was their only option. 

The suggestions in Appendix 4 with regard to the supplementary booking charge were then considered. Mr Elsey explained that this was a charge of up to £6.50 to compensate for the cost of the outward journey for hires which commenced three miles or more away from the taxi base. Representations had been made by some of the operators who had attended the Sub-Group meetings to the effect that £6.50 was too low, as the distance between the taxi base and the start of the hire could be fairly long. One proposal had been that the amount be flexible, with the meter starting to run from the taxi base or stance, but with the charge requiring the prior agreement of the customer. 

Members foresaw difficulty in operating a system of this type as it would not be possible for the operator to confirm a precise charge in advance. An operator would not know exactly how far it was between his base or stance to the pick-up point so would only be able to give the customer, at the time of booking, an estimate of the additional charge. 

Mr Duffy suggested that operators would be able to check mileage in advance using their mobile phones or “sat nav” devices. The Legal Manager pointed out, however, that while this might be possible in Inverness, there were vast areas of Highland which did not have wifi or mobile coverage so operators in those areas would be unable to check mileage in advance. 

Mr C Fraser expressed concern that an increase in the supplementary booking charge would most affect people in rural areas who relied heavily on taxis because of inadequate public transport services. An “open ended” booking charge based on distance from stance to pick-up would add significantly to fares in such areas. 

The Chairman agreed and suggested instead that in order to protect people in rural areas the Committee should consider proposing retention of a maximum charge, but also propose an increase in the maximum charge in order to help the trade. 

Mr Duffy suggested that the Committee also propose increasing the qualifying distance at which a supplementary booking charge could be levied. He considered that an added charge of £6.50 for a 3 mile journey to pick-up point was excessive. He proposed that the qualifying distance be raised from 3 miles to 10 miles. 

The Chairman pointed out, however, that £6.50 was a maximum charge and that, in practice, operators would be unlikely to charge this maximum for shorter journeys. She considered that raising the qualifying distance to 10 miles would penalise operators who typically covered shorter distances between base and pick-up point. For example, an Alness taxi booked to pick up a customer in Invergordon would be driving fewer than 10 miles to the pick-up point but should still be entitled to make a modest additional charge for this.

Mr Elsey also pointed out that by raising the qualifying distance to 10 miles, operators would be unable to charge a supplementary booking charge in the majority of cases as there were probably very few runs which commenced 10 miles or more from pick-up point. 

Mr R Greene suggested as a compromise that the Committee propose to increase the qualifying distance to 5 miles or more. The Chairman agreed but suggested also that an increase in the maximum supplementary charge to £8.00 should also be proposed. 

The Committee then went on to reach decisions on the proposals to be included in the draft tariff for consultation as follows.

Pre-booking Surcharge 

Members unanimously agreed to propose that this be left unchanged at £0.50. 

Tariff 2 Times 

On the issue of the times at which Tariff 2 should apply, Mr Duffy invited the Committee to propose amending this from 9.00 pm to 07.00 am to 10.00 pm to 07.00 am. He considered that this would demonstrate that the Committee had listened to operators from other areas and not just to Inverness operators. 

The Legal Manager pointed out that, of the operators who had attended the Sub-Group meetings, all of the Caithness operators present had been happy with the existing Tariff 2 times. Two of the four Lochaber operators present had requested reducing the time to between 12 midnight and 7.00 am. All of the Dingwall operators present were happy with the existing times and, of the Inverness operators present, only one had asked for a change seeking an increase to 7.00 pm to 7.00 am. So from the views expressed by the operators who had attended the meetings, there did not appear to be support justifying Mr Duffy’s proposal. 

The Chairman agreed that the majority of operators who had attended the meetings had been happy to retain the current Tariff 2 times. 

Mr Duffy, seconded by Mr W MacKay, then moved that the Committee propose reducing the Tariff 2 times to 10.00 pm to 7.00 am. 

Mrs MacDonald, seconded by Mr Henderson, moved as an amendment that the Committee propose that the current Tariff 2 times, 9.00 pm to 7.00 am, remain unchanged. 

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

For the motion (4): 

Mr A Duffy; Mr W MacKay; Mr H Wood and Ms M Smith. 

For the amendment (6): 

Mr C Fraser; Mr R Greene; Mr A Henderson; Ms L MacDonald; Mr J Rosie and Mr J Stone.

The amendment to propose that the existing Tariff 2 times of 9.00 pm to 7.00 am remain unchanged was accordingly carried. 

Tariff 1 Flag Drop 

The Chairman suggested proposing an increase in the Tariff 1 flag drop from £2.50 to £3.00 to bring it above Scottish average. 

Mr Duffy suggested as an alternative an increase to £2.80 as a “middle ground” approach which would provide some increase for the trade but also protect customers. 

Mrs MacDonald suggested proposing an increase in line with inflation (as illustrated in Appendix 8 and the additional document circulated) to £2.70, which would keep the Tariff 1 flag drop just below the Scottish average. Mr Duffy confirmed that he would support this. 

The Chairman, seconded by Mr W MacKay, then moved that the Committee propose that the Tariff 1 flag drop be increased from £2.50 to £3.00. 

Mrs MacDonald, seconded by Mr Duffy, moved as an amendment that the Committee propose that the Tariff 1 flag drop be increased from £2.50 to £2.70. 

On a vote being taken, three votes were cast in favour of the motion and 7 votes were cast in favour of the amendment as follows. 

For the motion (3): 

Mr W MacKay; Ms M Smith and Mr J Stone.

For the amendment (7):

Mr A Duffy; Mr C Fraser; Mr R Greene; Mr A Henderson; Ms L MacDonald; Mr J Rosie and Mr H Wood.

The amendment to propose that the Tariff 1 flag drop be increased from £2.50 to £2.70 was accordingly carried.

Tariff 1 Yardage

The Chairman referred to the Alliance’s request that the additional yardage charged at £0.10 be reduced from 130 yards to 115 yards and Mr Cumming’s request that it be reduced to 123 yards. She indicated that she supported a reduction to 115 yards. 

Mrs MacDonald asked for clarification of how that yardage reduction would impact on the cost of a journey. Mr Elsey referred Mrs MacDonald to the table at Appendix 5 at page 27 of the papers which showed the effect of reducing yardage to 115 yards. 

The Chairman, seconded by Mr MacKay, then moved that the Committee propose to reduce the Tariff 1 yardage from 130 yards to 115 yards. 

Mr Duffy, seconded by Mr Henderson, moved as an amendment that the Committee propose to leave the Tariff 1 yardage unchanged at 130 yards. 

On a vote being taken, three votes were cast in favour of the motion and 7 votes were cast in favour of the amendment as follows. 

For the motion (3):

Mr W MacKay; Ms M Smith and Mr J Stone.

For the amendment (7):

Mr A Duffy; Mr C Fraser; Mr R Greene; Mr A Henderson; Ms L MacDonald; Mr J Rosie and Mr H Wood.

The amendment to propose that the Tariff 1 yardage remain unchanged at 130 yards was accordingly carried. 

Tariff 2 Flag Drop 

Having considered the increases suggested by the Alliance, Mr Cumming and some of the other Dingwall operators who had attended the Sub-Group meetings, the Chairman considered that a 10% increase in the Tariff 2 flag drop, from £3.00 to £3.30, should be proposed. 

Mr Duffy indicated that he was minded to propose no change. 

The Chairman, seconded by Mr MacKay, then moved that the Committee propose that the Tariff 2 flag drop be increased from £3.00 to £3.30. 

Mr Duffy, seconded by Mr H Wood, moved as an amendment that the Committee propose to leave the Tariff 2 flag drop unchanged at £3.00. 

On a vote being taken, five votes were cast in favour of the motion and five votes were cast in favour of the amendment as follows. 

For the motion (5):

Mr W MacKay; Mr R Greene; Ms L MacDonald; Ms M Smith and Mr J Stone.

For the amendment (5): 

Mr A Duffy; Mr C Fraser; Mr A Henderson; Mr J Rosie and Mr H Wood.

There being an equality of votes, the Chairman cast her casting vote in favour of the motion and the motion to propose an increase in the Tariff 2 flag drop from £3.00 to £3.30 was accordingly carried.  

Tariff 2 Yardage

The Chairman, seconded by Mr MacKay, moved that the Committee propose that the Tariff 2 yardage be reduced from 92 yards to 82 yards. 

Mrs MacDonald, seconded by Mr Fraser, moved as an amendment that the Committee propose that the Tariff 2 yardage remain unchanged at 92 yards.

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

For the motion (3)

Mr W MacKay; Ms M Smith and Mr J Stone.

For the amendment (7) 

Mr A Duffy; Mr C Fraser; Mr R Greene; Mr A Henderson; Ms L MacDonald; Mr J Rosie and Mr H Wood.

The amendment to propose that the Tariff 2 yardage remain unchanged at 92 yards was accordingly carried. 

Tariff 3 Flag Drop 

The Chairman, seconded by Mr MacKay, moved that the Committee propose an increase in the Tariff 3 flag drop from £3.60 to £3.90. 

Mr Duffy, seconded by Mr Wood, moved as an amendment that the Committee propose an increase in the Tariff 3 flag drop from £3.60 to £3.70. 

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

For the motion (7): 

Mr R Greene; Mr A Henderson; Mr W MacKay; Mr J Rosie; Mrs L MacDonald; Ms M Smith and Mr J Stone.

For the amendment (3): 

Mr A Duffy; Mr C Fraser; Mr H Wood.

The motion to propose an increase in the Tariff 3 flag drop from £3.60 to £3.90 was accordingly carried. 

Tariff 3 Yardage 

The Committee unanimously agreed to propose that the Tariff 3 yardage remain unchanged at 74 yards. 

Supplementary Booking Charge 

The Committee unanimously agreed to propose that the supplementary booking charge to compensate for the outward journey for hires commencing away from the taxi base or stance be amended to apply only to hires which commence 5 miles or more away and to allow a maximum charge of up to £8.

Summary of the Committee’s decisions as to the draft tariff to be proposed:

1. Tariff 1: increase cost of initial yardage by 20p to £2.70;
2. Tariff 1: additional yardage to remain at 130 yards;
3. Tariff 2: increase cost of initial yardage by 30p to £3.30;
4. Tariff 2: additional yardage to remain at 92 yards;
5. Tariff 2; to continue to apply between 9.00 pm and 7.00 am;
6. Tariff 3: increase cost of initial yardage by 30p to £3.90;
7. Tariff 3: additional yardage to remain at 74 yards;
8. Outward journeys compensation: increase from 3 to 5 miles with the maximum sum increasing from £6.50 to £8.00, and
9. Pre-booking fee to remain at 50p.

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: Carrbridge Village Hall, Main Street, Carrbridge

There had been circulated Report No HLC/031/15 by the Legal Manager relating to an application for a Public Entertainment Licence for Carrbridge Village Hall, Main Street, Carrbridge. A representation had been received from Environmental Health as it had not received confirmation that the required works under the Electrical Certificate had been completed. 

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 13 May 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 had been completed. 

Declaration of Interest – Mr W Mackay declared a financial interest in items 7.2, 7.3 and 7.4 as his wife is an employee of High Life Highland and left the Chamber during the determination of these items.

7.2 Premises: Assembly Rooms, Sinclair Terrace, Wick

There had been circulated Report No HLC/032/15 by the Legal Manager relating to an application for a Public Entertainment Licence for the Assembly Rooms, Wick by High Life Highland. A representation had been received from Environmental Health as it had not received confirmation that the required works under the Electrical Certificate had been completed.

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 4 June 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 had been completed.

7.3 Premises: Thurso Swimming Pool and Fitness Suite, Millbank Road, Thurso 

There had been circulated Report No HLC/033/15 by the Legal Manager relating to an application for a Public Entertainment Licence for Thurso Swimming Pool and Fitness Suite by High Life Highland. A representation had been received from Environmental Health as it had not received confirmation that the required works under the Electrical Certificate had been completed. 

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 4 June 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 had been completed.

7.4 Premises: Wick Swimming Pool and Fitness Suite, Burn Street, Wick

There had been circulated Report No HLC/034/15 by the Legal Manager relating to an application for a Public Entertainment Licence for Wick Swimming Pool and Fitness Suite by High Life Highland. A representation had been received from Environmental Health as it had not received confirmation that the required works under the Electrical Certificate had been completed. 

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 4 June 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 had been completed.

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

8.1 Premises – 114 Lawers Way, Inverness 

There had been circulated Report No HLC/035/15 by the Legal Manager relating to an application for a House in Multiple Occupation Licence from Mr Martin Bruce in respect of premises at 114 Lawers Way, Inverness. A representation had been received from Environmental Health for outstanding items as detailed in the Report. A representation had also been received from Mr Alan MacDonald.

The Licensing Officer stated that a request had been received from the applicant to defer this application to the next Committee as he had been unable to attend this meeting. This request had been granted by the Legal Manager in terms of his delegated power after consultation with the Chair. 

The Committee NOTED the position.

9. The Committee was 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 involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.

Mr A Duffy requested that Item 14.5 be heard in public as details of the case had been circulating on social media.

The Legal Manager advised against holding Item 14.5 in public as it contained confidential information. The comments on social media should be ignored as they had been made by people who had not attended the actual committee meeting and were therefore not party to all the facts.

The Committee resolved to take all the following items in private.

10. Antisocial Behaviour (Scotland) Act 2004
Private Landlord Registration – Rent Penalty Notices
Achd Dol A-mach Mì-shòisealta (Alba) 2004  
Clàrachadh Uachdarain Phrìobhaideach – Brathan Càin Màil

Declarations 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. 

As Ms Smith had declared an interest the Committee confirmed that Mr A Duffy should chair this item. 

There had been circulated to members only Report No HLC/036/15 by the Legal Manager which detailed Landlords who had failed to register under Part 8 of The Antisocial Behaviour etc. (Scotland) Act 2004 and in respect of whose properties approval to serve Rent Penalty Notices was sought. 

The Committee AGREED to serve rent penalty notices on those Landlords detailed in the Report who had not registered. 

11.  Civic Government (Scotland) Act 1982
Late Hours Catering Licence
Achd Riaghaltais Chatharra (Alba) 1982 

11.1 Premises – Taste of China Takeaway, 4 Charleston Court, Inverness

There had been circulated to members only Report No HLC/037/15 by the Legal Manager relating to a Late Hours Catering Licence in respect of premises at Taste of China Takeaway, 4 Charleston Court, Inverness. The Report advised that a letter of objection had been received from Police Scotland.

The Committee heard from Sergeant Gray with regard to the police objection. The applicant was not present. 

The Committee AGREED to immediately suspend the licence for the unexpired portion of the duration of the licence.

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

12.1 Application for Street Trader’s Licence – Kevin Maitland

There had been circulated to members only Report No HLC/038/15 by the Legal Manager relating to an application which had been received from Kevin Maitland for a street trader’s licence. The Report advised that a letter of objection had been received from Police Scotland.

The objection from Police Scotland related, in part, to a number of “spent convictions”. Having heard from Sergeant Gray argument as to why it was in the interests of justice to hear details of the “spent convictions” and from the applicant who had no objection, the Committee unanimously AGREED that justice could not be done except by admitting details of the “spent convictions”. 

Details of the “spent convictions” were circulated. 

The Committee heard from the applicant and Sergeant Gray. 

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

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 Private Hire Car Driver’s Licence – Mark Brooks 

There had been circulated to members only Report No HLC/039/15 by the Legal Manager relating to a licensed private hire car driver, Mark Brooks. A letter of complaint had been received from Police Scotland. A letter of support for the applicant was read by the Clerk.

The Committee then heard from the applicant and Sergeant Gray. 

Following discussion, the Committee AGREED to take no action. 

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 Licensed Taxi Driver – Alexander Mackenzie

There had been circulated to members only Report No HLC/040/15 by the Legal Manager relating to a licensed taxi driver, Alexander Mackenzie. The Report advised that following a medical examination the licence holder did not meet the Council’s required standards.

The applicant spoke in support of his application.

Following discussion, the Committee AGREED to immediately suspend the licence for the unexpired portion of the duration of the licence.

14.2 Licensed Taxi Driver – Donald Ross 

There had been circulated to members only Report No HLC/041/15 by the Legal Manager relating to a licensed taxi driver, Donald Ross. The Report advised that following a medical examination the licence holder did not meet the Council’s required standards.

The Committee AGREED to immediately suspend the licence for the unexpired portion of the duration of the licence.

14.3 Licensed Taxi Driver – Philippe Brooks 

There had been circulated to members only Report No HLC/042/15 by the Legal Manager relating to a licensed taxi driver, Philippe Brooks. The Report advised that a letter of objection had been received from Police Scotland.

Sergeant Gray spoke to his letter and the applicant spoke in reply. The applicant referred to having Councillor Duffy as a passenger and thereafter Councillor Duffy declared an interest and left the Chamber for the remainder of this item. 

The Committee AGREED to take no action. 

14.4 Licensed Taxi Driver – Gerard McCluskey 

There had been circulated to members only Report No HLC/043/15 by the Legal Manager relating to a licensed taxi driver, Gerard McCluskey. The Report advised that a letter of objection had been received from Police Scotland.

The Committee Agreed to note that the Report had been withdrawn as the licence holder had surrendered his licence.

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

There had been circulated to members only Report No HLC/044/15 by the Legal Manager relating to a licensed taxi operator and taxi driver, John Burns. The Report advised that a letter of objection had been received from Police Scotland. Following receipt of the letter the clerk had suspended the licence with immediate effect. Character reference letters had also been circulated with letters from the Licence Holder’s medical practice.

Sergeant Gray spoke in support of the police letter. 

Mrs L Murray, Solicitor for the Licence Holder, explained the circumstances surrounding the incident in the police letter.

Following discussion, the Committee AGREED to lift the suspension.

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

There had been circulated to members only Report No HLC/045/15 by the Legal Manager relating to a licensed taxi driver and operator, Mark Bogue.

Mrs L Murray, solicitor for the licence holder. informed the Committee that Mr Bogue would surrender his driver’s licence with immediate effect but asked that his operator’s licences remain unaffected. 

The Committee AGREED to take no action other than to note that the licence holder had surrendered his taxi driver’s licence.

14.7 Application for Taxi Driver’s Licence – Michael Stewart

There had been circulated to members only Report No HLC/046/15 by the Legal Manager relating to an application for the grant of a taxi licence for Michael Stewart. The Report advised that a representation had been received from Police Scotland.

The Committee heard from the Applicant and Sergeant Gray.

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

The meeting closed at 1.25 pm.