Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 11 August 2015 at 10.00 am. 

Present: 

Dr I Cockburn, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Mr W Mackay, Mr J Rosie (excluding items 8.1 to 14.3), Ms M Smith, Mr J Stone  and Mr H Wood (excluding items 1 – 6 and 11.1).

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
Mrs A MacArthur, Administrative Assistant 

Also Attending:

Sergeant B Gray, Police Scotland 

Also in Attendance: 

Item 8.1: Mrs Jan O’Neill, applicant
Item 11.1: Mrs Shang Mei Wang, applicant
Item 12.1: Mr A Munro, applicant and his partner Carol
Item 13.1: Mr G Tyronney, applicant and Mr J Fraser, taxi operator
Item 14.2: Mr M Jenkins, applicant
Item 14:3: Mr J Wilson, 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 on behalf of Mr A Duffy and Mr C Fraser.

2. Declarations of Interest
Foillseachaidhean Com-pàirt 

Item 11.1: Mr H Wood (non-financial) 

3. Confirmation of Minutes 
Dearbhadh a’ Gheàrr-chunntais 

There had been submitted for confirmation as a correct record: 

i. minute of the meeting of the Highland Licensing Committee held on 16 June 2015; and 
ii. minute of the meeting of the Highland Licensing Committee held on 12 July 2015.

Both minutes were APPROVED.

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

There had been circulated Report No HLC/064/15 by the Legal Manager detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 3 June 2015 to 28 July 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/065/15 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 had been circulated Report No HLC/066/15 by the Legal Manager detailing the responses received following public advertisement of the proposed revised scale of the maximum fares that can be charged by taxis and private hire cars fitted with taxi meters. 

The Senior Licensing Officer advised that following public advertisement of the proposed tariff a number of representations had been received which were detailed at Appendix 3 of the report. A number of letters of representation in support of a higher increase had also been received, including 43 identical letters from those involved in the taxi trade, which were detailed in appendix 4. Appendix 5 provided the Committee with additional information in relation to the average motoring costs for the period 2011 – 2014 and percentage increases or decreases; and appendix 6 detailed the cost of fares for other local authorities and provided a comparison with Highland. Appendix 7 detailed the effect of the tariff proposed by the 43 letters submitted and detailed in Appendix 4. Appendix 8 summarised the feedback that was received from the taxi and private hire car trade meetings held in March this year and considered by the Committee at its meeting on the 12 May. The next step in the process would be for the Committee to consider the representations received and all other information before agreeing a final tariff. A letter would then be sent to Taxi Operators advising them of the outcome and of their right of appeal to the office of the Traffic Commissioner for Scotland. If no appeal was lodged an advert would be inserted in the local paper informing the public of the new tariff and its commencement date. However should an appeal be lodged with the Traffic Commissioner, this will have the effect of suspending the Council’s decision and the implementation of the new tariff would go on hold. The proposed implementation date for the new tariff would be 28 September 2015 for the reasons detailed in paragraph 5 of the Report. 

The Depute Clerk advised Members:- 

• that it was important that if they were putting forward any proposals for motions or amendments that reasons for those motions and amendments were stated. The Act was silent as to the type of reason that could be taken into account in fixing the tariff scale, however an extract from the only piece of guidance available, namely paragraph 237 of a 1986 Scottish Development Department Circular, was circulated to Members. The circular gave an indication of what the Scottish Government was anticipating would be taken into account when fixing the scale.
• There was a variety of issues members needed to take into account including capital costs, costs of maintaining and replacing vehicles etc. Members had evidence from: 
  outside sources in relation to capital costs, fuel costs and inflation which at first glance would suggest that no increase at all might be justified, referring to appendices 5 and 9;
  submissions made by taxi operators and drivers particularly in Inverness who complained that they could hardly make a living wage because there was no system for controlling the number of taxis which can operate in Inverness city.
  evidence and submissions from operators outwith the Inverness area who were not under the same pressures and who suggested they didn’t want an increase at all because they think they will lose business;
  the issue, of finding, if the tariff was to be increased, , a level of increase which at least offset the price of the meter calibration;
  one of the representations from Mr Cumming suggested that it could take several hundred journeys to recoup the meter calibration costs on the basis of the draft tariff that was proposed.
• Taking all these factors into account, members had to weigh up all of these issues and have regard to the elderly but still quite sensible guidance from the Scottish Development Department.

The Chair having looked at the suggestions from the previous meeting made the following suggestions: 

• in relation to Tariff 1 instead of £2.70 it be £2.90 for the reason that two years ago we had already said we were going to put it up to £2.80. So between that and inflation etc I think £2.90 would be a reasonable increase; and
• the charge applied to compensate for the cost of outward journey for hires revert from five to three miles.

Members made the following comments. 

• At page 41 and Appendix 8 could you explain to me why the yardage charges the Inverness Alliance wanted way back earlier in the year and what they are putting through now are different in terms of the yardage.
• Are we looking at keeping it at the 707 yards or the other one with the Chair’s proposal?
• The Chair had said £2.90 if you go to page 54 and this probably goes against most of the letters that have been written to us by taxi drivers which say that we don’t look or don’t understand anything that is happening to which I take exception. If you look at the areas round about us, Argyll and Bute, Shetland Isles, Moray completely adjacent, Perth and Kinross and Orkney their flagfall is all from £3.00 upwards and I think that has a fair bearing on what is happening in and round us as well. Would be more minded to go just with the straightforward £3.00.
• Concern that we are actually quite low down on the scale of local authorities in Scotland in our charges and whilst taking into account that we are still in austerity and people are struggling to make ends meet, we are in danger of actually pricing taxis out of business. So basically if we don’t put it up a substantial amount to either £2.90 or £3.00 and maybe change the others as well, then we are going to lose taxi businesses. People that have written and said what about my area and I only have one taxi and live in a rural area, we may lose that service if we don’t give them enough to actually make ends meet and I am looking at paragraph 237 from the Scottish Development Department circular. There is the cost of maintaining vehicles and the only decrease is in the fuel costs with everything else having gone up. There is soon going to be pressure on these taxis to put in the living wage as well which is constantly going up. I think at this time we need to give a reasonable increase and as I’m not sure £2.90 is enough, I will probably go with £3.00 but also look at tariff 2 and tariff 3.
• We are all aware that we have to cover the whole of the Highlands but there is discretion for those not to charge the maximum if that was to affect them in an adverse way. Paragraph 237 of the SDD circular states that public interest is better served by ensuring the maintenance of an adequate taxi service by giving the trade a fair return. If we give the trade a fair return, then people in other areas who don’t want to apply it, don’t have to so they can still deliver a lower cost service if that’s what is suitable in their area for their business.
• I think members are probably arguing against absolutely next to nothing here. If you are talking about in the rural areas and you are not altering outwith the initial flagdrop, you are talking about a 10p difference in probably what could be a £15 or £20 fare for these youngsters. Certainly in Aviemore and in Fort William area if they are going out to Spean for example as well. It’s fairly miniscule that particular part of it. It may be a lot to the Inverness drivers who seem to be the ones making the case for more. As the other members have said the discretion is there to charge less; those that want to do so can do it.
• Yes the crunch of the whole matter for me is that we are only talking pennies here. Operators are entitled to charge any fare provided it’s not over the maximum. So if we are to go for the £3.00 they have that option. I am inclined to go along with the £3 and let the operators decide for themselves whether or not to charge the maximum.
• I run a business and if I said to my client that should be £15 but just make it £12 they would be delighted. I actually think it’s a good thing if you actually offer your customers something less than you could have charged them, because to me that would make them come back. I actually think it’s a good thing for Lochaber drivers if they want to say well it is £15 but just make it less, you would be doing them a favour. Can’t see that’s a bad thing. If Councillor Henderson is putting forward a motion to support £3 then we need to look at the other tariffs. I would support £3.00 for the reasons that I said earlier for Tariff 1.

The Chair commented further: 

• We have to remember we are Highland-wide and not just Inverness. Most of the representations from outside Inverness, apart from one from Dingwall, are that they don’t want the prices to go up and we must remember that. When you look at the pricing structure, yes diesel and petrol have gone down the way but also the price of cars has gone down the way since the dates we have been looking at. Basically there hasn’t been a great increase. Now if you look again at some of the people from the rural areas, there’s a letter in here from a young person in the Aviemore area, saying there are no buses there, there’s nothing, look how much it’s going to cost. One we have to weigh up giving the taxi drivers a decent wage, yes, and a decent crack at the whip and we have to look at the whole of the Highland area and there’s a lot of representations especially from Wick and from the Fort William area that don’t want price increases.

The Clerk then asked Members to go through each item individually.

Ms M Smith, seconded by Mr A Henderson moved that at Tariff 1 the charge for the first 785 yards or part thereof be increased to £3.00 with no change to the yardage.

Reasons:

• Whilst the Chairman says the cost of purchasing cars was going down, in fact, not every taxi driver buys a new car each year. In fact I would maintain most don’t.
• The cost of maintaining vehicles, employing drivers and looking to the future to a possible living wage and actually giving the trade a fair return because they need to be able to operate the business and to protect the public because we are actually keeping the services alive.

There being no amendment this became the finding of the meeting which also unanimously AGREED:

1. Tariff 1: increase cost of initial yardage to £3.00;

2. Tariff 1: additional yardage to remain at 130 yards;

3. Tariff 2: increase cost of initial yardage £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 to £3.90;

7. Tariff 3: additional yardage to remain at 74 yards;

8. Outward journeys compensation: Remain at 3 miles with the maximum sum increasing to £8.00; and

9. Pre-booking fee to remain at 50p.

7. Review of Public Entertainment Licence Activities
Ath-sgrùdadh air Gnìomhan Ceadachd Cur-seachad Poblach 

There had been circulated Report No HLC/067/15 by the Legal Manager relating to the responses received in relation to the consultation carried out to review the activities which are currently licensed as public entertainment under Section 41 of the Civic Government (Scotland) Act 1982. 

The Senior Licensing Officer advised that once the Committee had agreed the revised list of activities, the Licensing Authority would be required to publicise in a newspaper the terms of the proposed changes to the resolution and invite representations from the public within 28 days of the first publication of the notice. At a future committee meeting the resolution would be agreed and the changes would come into effect 9 months later.

The Legal Manager advised that public entertainment licences for our area had not been reviewed since 1996 and this was the first major review. The changes to the Civic Government (Scotland) Act 1982 allowed for licences to be required for an activity whether the public was to be charged an entrance fee or not. The Committee today were asked to consider when licences should be required, not the fees for that licence. If members wished, another report could be brought forward that could consider the fees for each licence.

Following discussion, members AGREED the following: 

1. Exhibitions, lectures and illustrated talks

To only license such events which take place outdoors or which involve the use of a temporary structure and where there is a charge to the public.

2. Fireworks and laser displays

To include non-fee paying events. 

3. Off-road vehicle driving

To await the outcome of the government review before determining whether to license such activities.

4. Motor Rallies

Not to include in the list of licensable activities.

5. Bouncy Castles and Trampolines

To retain premises used for bouncy castles and similar structures and to include trampolines.

6. Entertainment/variety shows

To retain premises used for musical performances and to extend the category to include entertainment/variety shows.

7. Concerts and musical performances

To include free outdoor concerts and musical performances where there is amplified music and which have a capacity of over 250 and to consider as an alternative to the capacity a time limit of 2 hours.

8. Raves

To include raves and similar impromptu musical events but within the concerts and musical performances category.

9. Outdoor spots

Not to include in the list of licensable activities.

10. Bungee Trampolining

To include.

11. To report back on fees for events organised by community, charity, voluntary and other non-commercial organisations

8.  Riding Establishments Acts 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, Fendom, Tain  

There had been circulated Report No HLC/068/15 by the Legal Manager relating to an application for a riding establishment from Mrs J O’Neill in respect of premises at Northwilds, Fendom, Tain. A provisional licence had been granted by Committee on 16 June 2015 which was due to expire on 15 September 2015.

The applicant then spoke in support of her application. She had been forced to relocate to Tain and was having to start from scratch. Having received the three month provisional licence most of the required work had now been completed. As the applicant had been out of the area over the summer no trekking had been done from Tain but this would commence shortly if she received the licence.

The Environmental Health Manager had inspected the establishment yesterday and had found more of the works to be completed, although evidence of suitably qualified staff had not been forthcoming. There was a separate process for animal welfare and this could be pursued separately.

Although the applicant was allowed 30 horses, only 10 could be held at Tain at any one time. More grazing had been acquired and following an inspection and advice from a Veterinary Inspector the numbers of horses that could be held in Tain could be amended.

In response to questions the applicant responded as follows: 

• the animals were under veterinary care and had not received any more wounds;
• an inspection would be welcomed at any time and she reassured members that she had sufficient qualified staff;
• she was working to remove the ragwort and one field had been sprayed, but it was a long process, as and when they saw it they dug it up, it was constantly monitored; and
• the fencing did need to be improved and now that she had returned the trekking could start at Tain and the fencing would be done shortly;

The Area Environmental Health Manager added that no work had been done to improve the fences at Brora. Members were asked to agree the recommendation to give delegated authority to the Area Environmental Health Manager to approve the licence following provision of a list of current staff and their qualifications.

The Committee AGREED to grant delegated power to the Area Environmental Health Manager (AEHM) either to grant a full licence for up to 10 horses or such other number considered appropriate by the AEHM after consultation with a veterinary surgeon to be kept at the Fendom premises in the event that: 

(a) the works identified at paragraph 2.5 of the Report are fully completed by the date of expiry of the current provisional licence on 15 September 2015, and

(b) evidence has been produced by that date to demonstrate that the number of suitably qualified and experienced staff employed to operate the business is sufficient to ensure the welfare of horses on the premises 

or to refuse to grant either a further provisional licence or a full licence if the requirements of both paragraphs (a) and (b) above are not fully met by that date. 

9. Civic Government (Scotland) Act 1982
Application for street trader’s licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Ceadachd Neach-malairt Sràide

9.1 Application for a street trader’s licence – Lindsay MacLean

There had been circulated Report No HLC/069/15 by the Legal Manager relating to an application from Lindsay MacLean for the grant of a street trader’s licence. Consideration of this item had been deferred from the meeting held on 16 June 2015 to allow the applicant to attend. The applicant had apologised for not being able to attend and had sent an email in support of her application which had been circulated.

The Committee noted that Ms Maclean had amended her original application to reduce the terminal hours applied for on Friday and Saturday from 0230 to 0100.

Members were concerned that the trading should be restricted to Mallaig, Morar and Arisaig areas when the terminal hour of 0100 hrs was used.

The Committee AGREED subject to the applicant obtaining the certificate of compliance from environmental health:

• to grant the application as amended subject to the standard conditions and additional conditions required by Community Services in paragraph 3.2 of the report; and 
• the terminal hour of 0100 hrs on Saturday and Sunday mornings only to be used in the Mallaig, Morar and Arisaig areas.

10.  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. 

11.  Civic Government (Scotland) Act 1982  
Application for a late hours catering licence 
Achd Riaghaltais Chatharra (Alba) 1982          
Iarrtas airson Ceadachd Sholarachd Uairean Anmoch

Mr H Wood, declared a non-financial interest in this item as he was a patron of the premises and left the room during the determination of this item.

11.1 Premises – 4 Charleston Court, Inverness

There had been circulated to members only Report No HLC/070/15 by the Legal Manager relating to an application from Shang Mei Wang for a late hours catering licence in respect of premises at 4 Charleston Court, Inverness.

The applicant was present and confirmed, following a question from Members, that although the previous licence holder had no lawful status in the UK, the applicant was a British Chinese and therefore allowed to work.

The Committee AGREED to grant subject to the standard conditions.

12.  Civic Government (Scotland) Act 1982
Application for a window cleaner’s licence
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan luchd-glanaidh uinneagan

12.1 Application for a window cleaner’s licence – Alan Munro 

There had been circulated to members only Report No HLC/071/15 by the Legal Manager relating to an application from Alan Munro for a window cleaner’s licence. The Report advised that a letter of representation had been received from Police Scotland. 

The applicant apologised for his failure to complete all sections of the application form.

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

13. Civic Government (Scotland) Act 1982
Taxi driver’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan dhràibhearan tagsaidh

13.1 Application for taxi driver’s licence – Garry Tyronney 

There had been circulated to members only Report No HLC/072/15 by the Legal Manager relating to an application from Garry Tyronney 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 then heard from the applicant and Mr Fraser, for the applicant. 

The applicant stated that the incomplete application form had been a genuine mistake.

The Committee AGREED that the Committee was minded to grant the application subject to conditions and the applicant passing the knowledge test on or before 7 November 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 7 November 2015. 

13.2 Application for taxi driver’s licence – Graeme Jolly 

There had been circulated to members only Report No HLC/073/15 by the Legal Manager relating to an application from Graeme Jolly for the grant of a taxi driver’s licence.

The Legal Manager advised that Mr Jolly had withdrawn his application and therefore theis Report had been withdrawn.

The Committee NOTED the position. 

14. 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

14.1 Private hire car driver’s licence – Ellen A Munro 

There had been circulated to members only Report No HLC/074/15 by the Legal Manager relating to a licensed private hire car driver, Ellen A Munro.

The Legal Manager advised that the licence holder had surrendered her licence and therefore the Report had been withdrawn.

The Committee NOTED the position. 

14.2 Application for temporary private hire car driver’s licence – Martin Jenkins 

There had been circulated to members only Report No HLC/075/15 by the Legal Manager relating to an application from Martin Jenkins for the grant of a temporary private hire car driver’s licence. The Report stated that a letter of objection had been received from Police Scotland.

The Committee heard from the applicant and from Sergeant Gray.

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

14.3 Application for temporary private hire car driver’s licence – James Wilson 

There had been circulated to members only Report No HLC/076/15 by the Legal Manager relating to an application from James Wilson for the grant of a temporary private hire car driver’s licence. The Report stated that a letter of objection had been received from Police Scotland.

The applicant spoke to his application and apologised for not declaring certain matters on his application form. He submitted a character reference from Mr P Thatcher in support of his application. The Legal Manager read the reference letter to the Committee. 

The Police then spoke to their objection and advised that it was their view that the applicant was not a fit and proper person to hold a licence.

Ms M Smith, seconded by Mr R Green moved that the application be refused on the grounds that the applicant was not a fit and proper person to hold the licence given the length and nature of his previous convictions and conduct in coming to the attention of the Police. 

Mr W MacKay, seconded by Mr H Wood, moved as an amendment that the licence be approved.

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

For the motion (5): 

Dr I Cockburn, Mr R Greene, Mrs L MacDonald, Ms M Smith and Mr J Stone.

For the amendment (3):  

Mr A Henderson, Mr W Mackay and Mr H Wood.

The motion therefore became the finding of the meeting and the Committee AGREED to refuse the application on the ground that the applicant was not a fit and proper person.

The meeting closed at 1.00 pm.