Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Offices, High Street, Dingwall, on Monday 21 September 2015 at 2.00 pm. 

Present: 

Dr I Cockburn, Mr R Greene,Mr C Fraser, Mrs L Macdonald and Mr W Mackay.

In Attendance:

Ms S Blease, Principal Solicitor (Regulatory Services)
Mrs A MacArthur, Administrative Assistant 

Dr I Cockburn in the Chair 

Business 

1. Apologies for Absence
Leisgeulan 

Apologies for absence were intimated on behalf of Mr A Duffy, Mr A Henderson, Mr J Rosie, Mrs G Sinclair, Ms M Smith, Mr J Stone and Mr H Wood. 

2. Declarations of Interest
Foillseachaidhean Com-pàirt 

None.

3. 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. 

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

4.1 Taxi driver’s licence – Jodie Mitchell 

There had been circulated to members only Report No HLC/077/15 by the Legal Manager relating to the holder of an existing taxi driver’s licence which had been suspended on 14 August 2015 by the Legal Manager acting under delegated powers. The Committee was invited to consider whether the licence should be suspended for a further period. 

The Principal Solicitor confirmed that the licence holder, Ms Mitchell, had been sent a letter inviting her to attend the meeting to address the Committee or to send a representative to address the Committee on her behalf. The licence holder had subsequently confirmed by telephone to the Principal Solicitor that she had received this letter of invitation. 

The licence holder was not, however, present at the meeting and had not sent any representative to address the Committee on her behalf. 

The Principal Solicitor then explained the circumstances which had given rise to the immediate suspension of the licence on 14 August 2015 under paragraph 12 of Schedule 1 to the Act. She advised that, in the absence of any new information from the licence holder to suggest that those circumstances no longer applied, the Committee should consider whether a further period of suspension was merited under paragraph 11 of Schedule 1. 

She further advised that if members were minded to suspend the licence, it was open to them also to delegate authority to the Legal Manager to recall the suspension if, before expiry of the licence, he was satisfied that the circumstances which had given rise to the suspension no longer applied. 

Following discussion, the Committee AGREED to order the suspension of the licence under paragraph 11 of Schedule 1 to the Act for the unexpired portion of its duration and with immediate effect. 

The Committee further AGREED to grant delegated authority to the Legal Manager to recall the order suspending the licence in the event that, before expiry of the licence, he was satisfied that the circumstances which had given rise to the order no longer applied. 

The meeting closed at 2.30 pm.