Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 16 June 2015 at 10.00am. 

Present:

Dr I Cockburn , Mr A Duffy , Mr C Fraser, Mr R Greene, Mrs L Macdonald, Mr W Mackay, Mr J Rosie, Mrs G Sinclair and Ms M Smith.

In Attendance:

Mr A Mackenzie, Legal Manager (Clerk)
Ms S Blease, Principal Solicitor (Regulatory Services) 
Mr M Elsey, Senior Licensing Officer 
Mr A Yates, Environmental Health Manager
Mr C Ratter, Area Environmental Health Manager
Ms G Bain, Senior Animal Health and Welfare Officer
Ms A Macrae, Committee Administrator

Also Attending:

Sergeant Bruce Gray, Police Scotland
PC James Williamson

Also in Attendance:

Item 8.1: Mrs J O’Neill, Applicant
Item 10.1: Mr A Hamzaoui, Applicant
Item 11.1: Mr P O’Donnell, Applicant
Item 11.2: Mr R Gavin, Applicant and Mr D Mackenzie, solicitor for the Applicant
Item 11.3: Mr J Foy, Applicant
Item 11.4: Mr J Chima, Applicant
Item 11.5: Mr M McCallum, Applicant
Item 12.2: Mr K Robertson, Applicant 

Dr I Cockburn 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 from Mr A Henderson, Mr J Stone and Mr H Wood.  

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Items 4 and 11.3: 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 12 May 2015 which was APPROVED subject to a correction to the list of those present to show that Mr Duffy had been present at item 14.4, and to the second sentence of paragraph 2 of Item 14.3 being amended to read as follows:- 

‘’The Applicant referred to having Councillor Duffy as a passenger and after advice from the Legal Manager, Councillor Duffy declared an interest and left the Chamber for the remainder of the meeting.’’ 

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

Declaration of Interest – Mr A Duffy declared a non-financial interest in this item on the grounds that he was a friend of a window cleaner referred to in the Report.

There had been circulated Report No HLC/047/15 by the Legal Manager detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 29 April 2015 to 2 June 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/048/15 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: Croy Hall, Croy, Inverness-Shire 

There had been circulated Report No HLC/049/15 by the Legal Manager relating to an application for the renewal of a Public Entertainment Licence for Croy Hall, Croy, Inverness-Shire. The Report advised that due to major renovation work taking place, including new electrical wiring, the Applicant had confirmed that the Hall would not be used until the works had been completed.

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

i. if the remedial work required under the Electrical Report is completed by 23 June 2015, to grant the licence subject to conditions; and

ii. 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. 

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

7.1 Premises – 114 Lawers Way, Inverness 

There had been circulated Report No HLC/050/15 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. The Report advised that a representation had been received from Environmental Health in regard to outstanding works which required to be completed and relevant documentation and certification which required to be received. A letter of representation dated 30 March 2015 had also been received from Mr Alan MacDonald in response to the application.

The Senior Licensing Officer reported that confirmation had been received from Mr Alan MacDonald that he wished to withdraw his representation to the application. 

The Committee AGREED to authorise the Legal Manager to grant the licence subject to the standard conditions once all outstanding works required by the Consultees have been completed and all relevant documents and certification received.

8. Riding Establishments Act 1964 and 1970  
Application for a Riding Establishment Licence  
Achd nan Ionadan Marcachd 1964 agus 1970 
Iarrtas airson Ceadachd Ionad Marcachd 

8.1 Premises – Northwilds Trekking Centre, Northwilds, Fendom, Tain  

There had been circulated Report No HLC/051/15 by the Area Environmental Health Manager (AEHM) relating to an application for a Riding Establishment Licence from Mrs J O’Neill in respect of premises at North Wilds Trekking Centre, Northwilds, Fendom, Tain. The Report stated that the Veterinary Surgeon had advised of a number of works at the premises which required to be completed before any licence was granted. The Veterinary Surgeon had also recommended that a provisional licence be issued due to uncertainty regarding long term premises in Brora and premises at Fendom, Tain having being leased, with a limitation in the numbers of horses that could be kept at that location.

In presenting the Report, the AEHM advised that should the Committee be minded to grant a provisional licence the standard conditions to be attached would incorporate the conditions recommended by the Veterinary Surgeon in her Report, a copy of which was attached to the AEHM’s Report. He also advised that a provisional licence could be extended for a period of three months and thereafter the premises would be re-assessed by the Vet who would make recommendations as to the issue of a further provisional licence or grant of a full licence. 

The Committee then heard from the Applicant who spoke in support of her application, as follows:- 

• that the business had been forced to relocate from Brora given that the Estate wished to sell the property which they occupied but not the land; however ideally it would be the intention to return to the area if suitable alternative premises could be found:
• that the required works had been completed with the exception of fencing which was being erected to a higher standard than required in the interests of safety; and 
• that the business had suffered significant financial loss over the past few months and could not be sustained for much longer if a licence was not granted by the Committee at this stage.

Thereafter, Members raised a number of points as follows:- 

• concern that the applicant had been operating at the premises without a licence since December 2014 and at the issues in relation to the operation of the business which had been raised in the Veterinary
  Surgeon’s report; 
• concern that the available grazing land was not sufficient for the number of horses involved in the business; the applicant advised that additional grazing land had recently been secured in Tain and Barbaraville;
• that clarification be provided in regard to the staffing complement currently employed at the premises; the applicant provided details in this regard and advised that she did not propose to employ new
  members of staff until such time a licence was granted;
• it was suggested that the operation of the business did not appear to be focused primarily on the health and welfare of the animals and that the requirement to move horses between the riding establishments and
  different areas of grazing and the lack of roofs on stables was not a satisfactory state of affairs; concern was also expressed that the Vet’s report had referred to lesions on three horses as a result of rolling on sand and gravel on the grazing land in Brora; and
• that the applicant should be given the opportunity to demonstrate that she could meet the requirements of the Veterinary Surgeon’s report particularly in regard to the provision of grazing land. 

In response to some of the points made and in summary of the application the Applicant reported that:-

• the stable block at Fendon, Tain included a number of stables with roofs and therefore she suggested stabling was not an issue;
• in terms of grazing she explained that the horses would not be continually moved back and forwards and that the proposal was to locate the older and younger non-working horses at Brora and a core number of horses used for trekking located at Fendom, Tain, with the other horses being moved out to the new grazing that had recently been sourced; the two long distance horse teams would also be rested on the grazing land in Brora; 
• that the business had been nominated for a Highlands and Islands Tourism Awards on three occasions and had an excellent reputation for safety and that her clients had also commented in this regard;
• that the welfare of the horses always came first and in this regard she advised that the Veterinary Surgeon had confirmed that the welfare of the horses was not an issue;
• that the business could not continue to operate if the application was deferred for three months, reference being made to the significant loss of income experienced over the past few months; and
• in response to a question that the business had already been scaled down having being relocated to Fendom, Tain and that the preference would be to relocate to Brora or the Lochinver area.

Thereafter, the Senior Animal Health and Welfare Officer advised that she had been present during the Veterinary Surgeon’s inspection of the premises and clarified that there was not and had never been a problem with the bodily condition of the horses in the operation of the applicant’s business. She explained the Vet’s assessment of the grazing land included the condition of the horses, and she advised that they had been last inspected at the end of the winter when at their leanest and that the Vet’s condition score of the horses at that time had been reasonable. 

During the debate on the application, Members raised the following points:-

• that the application should be deferred for further information on the measures to be implemented by the Applicant in response to the Vet’s Report and also evidence of the additional grazing land and specifically in relation to ownership, condition and distance from the main riding establishment at Fendom, Tain; 
• concern that the current staffing establishment was not adequate for the nature and scale of the business operation;
• in the interests of the welfare of the horses it was not appropriate for the applicant to operate this type of business when not permanently resident on site; it was suggested there was also a lack of stables available for the number of horses and concern was expressed that the horses would be spread out over different locations;
• it was proposed that a three month provisional licence be granted on the recommendation of the Veterinary Surgeon bearing in mind that condition score of the horses was good;
• that the Veterinary Surgeon had not specifically recommended in her Report that a provisional licence be granted for a period of three months; and
• that the Veterinary Surgeon’s Report was recommending that a provisional licence be granted subject to compliance with all of the conditions recommended in the Report; the applicant should therefore be given the opportunity to demonstrate they could comply with these conditions and that a provisional licence be granted.

Following further discussion Ms M Smith seconded by Mrs G Sinclair moved that the application be deferred for a period of three months until the next meeting on 12 August 2015 for further information and specifically evidence of the new grazing land which has been referred to by the Applicant and the condition of that land, and also confirmation that the number of staff employed was sufficient for the operation of the business at Fendom, Tain and its other locations. 

Mr W Mackay seconded by Mr R Greene moved as an amendment to grant a provisional licence for a period of three months subject to the conditions detailed in the Report. 

On a vote being taken, four votes were cast for the motion and five votes were cast in favour of the amendment, as follows:-

For the motion (4):

Dr I Cockburn, Mrs L Macdonald, Mrs G Sinclair and Ms M Smith.

For the amendment (5):

Mr A Duffy, Mr C Fraser, Mr R Greene, Mr W Mackay and Mr J Rosie. 

The amendment to grant a provisional licence for three months subject to the conditions detailed in the report was accordingly carried. 

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

10.1 Application for Private Hire Car Driver’s Licence – Abdelali Hamzaoui 

There had been circulated to Members only Report No HLC/052/15 by the Legal Manager relating to an application which had been received from Abdelali Hamzaoui for a private hire car driver’s licence. The Report advised that a letter of objection had been received from Police Scotland.

The Legal Manager reported that Police Scotland had confirmed that in light of further information received in respect of the Applicant, they wished to withdraw their objection. 

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

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 Licence Holder – Patrick O’Donnell 

There had been circulated to Members only Report No HLC/053/15 by the Legal Manager relating to a licensed Taxi Driver.  

The Committee heard from the Licence Holder. 

Thereafter, the Committee AGREED to issue a warning to the Licence Holder.

11.2 Licence Holder – Robert Gavin  

There had been circulated to Members only Report No HLC/054/15 by the Legal Manager relating to a licensed Taxi Driver. 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.

The Committee heard from Mr D Mackenzie for the Applicant and from Sergeant Gray. 

Thereafter, the Committee AGREED to take no action.

11.3 Licence Holder – Joseph Foy  

Declaration of Interest – Mr A Duffy declared a non-financial interest in this item as he was a friend of Mr Foy’s family and left the Chamber during the determination of this item.

There had been circulated to Members only Report No HLC/055/15 by the Legal Manager relating to a licensed Taxi Driver and Window Cleaner. The Report advised that a letter of complaint regarding both the Taxi Driver’s Licence and Window Cleaner’s Licence had been received from Police Scotland.

The Legal Manager advised that a letter of complaint had also been received from Police Scotland specifically relating to the Taxi Driver’s Licence, a copy of would be circulated to Members and the applicant once they had reached a decision in relation to the Window Cleaner’s Licence.

The Committee then heard from the Mr Foy and Sergeant Gray. 

Following discussion the Chair seconded by Ms M Smith moved to suspend the Window Cleaner’s Licence for its unexpired duration on the grounds that the licence holder was not a fit and proper person. 

Mr W Mackay moved as an amendment not to suspend the Window Cleaner’s Licence but on failing to find a seconder the amendment fell.

The motion to suspend the Window Cleaner’s Licence for its unexpired duration on the grounds that the licence holder was not a fit and proper person therefore became the finding of the meeting. 

The Legal Manager circulated the letter of complaint from Police Scotland relating solely to the Taxi Driver’s Licence.

The Committee then heard from Mr Foy and Sergeant Gray. 

Thereafter, the Chair seconded by Ms M Smith moved to suspend the Taxi Driver’s Licence for its unexpired duration on the grounds that the licence holder was not a fit and proper person.

Mr W Mackay seconded by Mr J Rosie moved as an amendment not to suspend the licence. 

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

For the motion (6):

Dr I Cockburn, Mr C Fraser, Mr R Greene, Mrs L Macdonald, Mrs G Sinclair and Ms M Smith.

For the amendment (2): 

Mr W Mackay and Mr J Rosie.

The motion to suspend the Taxi Driver’s Licence for its unexpired duration on the grounds that the licence holder was not a fit and proper person was accordingly carried. 

11.4 Licence Holder – Jagjit Chima  

There had been circulated to Members only Report No HLC/056/15 by the Legal Manager relating to a licensed Taxi Driver. The Report advised that following a medical examination the licence holder did not meet the Council’s required standards.

The Senior Licensing Officer circulated a copy of a letter received from the Licence Holder’s GP in regard to the licence holder.

The Committee then heard from the applicant in support of the application.

The Committee AGREED:- 

i. to require the licence holder to check his blood sugar/glucose levels: at least every 2/3 hours when driving and at least twice a day when not driving;

ii. to submit a letter from his GP in three months to confirm that he is complying with the above requirements; and

iii. that if such a letter is submitted there will be no need to refer this matter back to Committee.

11.5 Application for Renewal of Taxi Driver’s Licence – Mark J McCallum 

There had been circulated to Members only Report No HLC/057/15 by the Legal Manager relating to an application which had been received from Mark J McCallum for the renewal of his Taxi Driver’s Licence. 

The Committee then heard from the applicant in support of the application.

The Committee AGREED to grant the application subject to the standard conditions and to warn the licence holder. 

11.6 Application for Taxi Driver’s Licence – Jacqueline L Gibbs 

There had been circulated to Members only Report No HLC/058/15 by the Legal Manager relating to an application which had been received from Jacqueline Gibbs for the grant of a Taxi Driver’s Licence. The Report advised that a letter of representation had been received from Police Scotland.

The Legal Manager advised that the Applicant was not present but that a letter had been received from her in relation to the application, the terms of which he read out to the meeting.  

The Committee AGREED to authorise the Legal Manager to grant the licence subject to the standard conditions once the Applicant had passed the knowledge test.

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 – Lindsay MacLean

There had been circulated to Members only Report No HLC/060/15 by the Legal Manager relating to an application which had been received from Lindsay MacLean for the grant of a Street Trader’s licence. The Report advised that a letter of objection had been received from Police Scotland. Community Services (Roads) had requested that additional conditions be attached to any licence granted as detailed in the Report. As no vehicle had been acquired Community Services (Environmental Health) had not yet been consulted but that this would occur if the application was approved.

The Legal Manager advised that the Applicant was not present but that a letter had been received from her in relation to the application, the terms of which he read out to the meeting. Inter alia, the letter amended the application by altering the trading hours on Friday and Saturday to 0900 to 0100 and accepted the suggestion in the letter from Police Scotland that consideration of the application be deferred for three months. 

The Chair suggested that in the circumstances outlined it would be appropriate to defer the application until the next meeting of the Committee on 11 August 2015 to allow the Applicant to attend.

The Committee AGREED to defer consideration of the application to the meeting of the Committee on 11 August 2015. 

12.2 Application for a Street Trader’s Licence – Keith Robertson 

There had been circulated to Members only Report No HLC/061/15 by the Legal Manager relating to an application which had been received from Keith Robertson for the grant of a Street Trader’s licence. The Report advised that a letter of representation had been received from Police Scotland.

The Committee then heard from the applicant and Sergeant Gray in relation to the application.

The Committee AGREED to warn the Applicant but to authorise the Legal Manager to grant the licence subject to the standard conditions once confirmation had been received from Environmental Health that they had inspected the vehicle and issued a food hygiene certificate for the same.

The meeting closed at 12.50pm.