Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 6 October 2015 at 10.00 am. 

Present: 

Dr I Cockburn, Mr R Greene, Mr C Fraser, Mr A Henderson (Items 8.1 to 12.1), Mrs L Macdonald, Mrs G Sinclair, Ms M Smith, Mr J Stone and Mr H Wood.

In Attendance:

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

Also Attending:

Sergeant B Gray, Police Scotland 

Also in Attendance: 

Item 12.1: Mr A Bhuiyan, applicant
Item 13.1: Mr I Jamieson, applicant
Item 13.2: Mr I Urquhart, 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, Mr W MacKay and Mr J Rosie.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Items 10 and 11.1: Ms M Smith, Mrs L MacDonald, Mr J Stone and Mr H Wood (financial interest).

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 11 August 2015; and

ii. Minute of the meeting of the Highland Licensing Committee held on 21 September 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/078/15 by the Legal Manager detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 29 July 2015 to 22 September 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/079/15 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.  Review of Public Entertainment Licence Activities – Additional Activity
Ath-sgrùdadh air Gnìomhan Ceadachd Cur-seachad Poblach 

There had been circulated Report No HLC/080/15 by the Legal Manager which invited the Committee to consider an additional activity in relation to the review of public entertainment licensable activities.

Members queried the fees and asked if Highland Council’s fees were greater than other areas. It was confirmed that the public entertainment fees had been agreed earlier this year with no increase. The Council were statutorily obliged to ensure that the total amount of fees is sufficient to meet the expenses incurred in carrying out the licensing functions under the Civic Government (Scotland) Act 1982. 

The Committee AGREED to include the use of premises for the performance of plays as an activity which would be licensed under public entertainment where there is a charge to the public for attending the event.

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: Black Isle Leisure Centre

There had been circulated Report No HLC/081/15 by the Legal Manager relating to an application for a public entertainment licence for Black Isle Leisure Centre, Deans Road, Fortrose by Highlife Highland. 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.

The Committee AGREED to grant the application for a licence subject to standard PEL conditions and a condition that no public entertainment activities take place on the premises until an electrical installation certificate had been submitted and deemed satisfactory by Environmental Health.

7.2 Premises: Fortrose Community Theatre

There had been circulated Report No HLC/082/15 by the Legal Manager relating to an application for a public entertainment licence for Fortrose Community Theatre, c/o Black Isle Leisure Centre, Deans Road, Fortrose by Highlife Highland. 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.

The Committee AGREED to grant the application for a licence subject to standard PEL conditions and a condition that no public entertainment activities take place on the premises until a fire safety checklist and an electrical installation certificate have been submitted and are deemed satisfactory by the Fire and Rescue Service and Environmental Health.

7.3 Premises: Fortrose Town Hall 

There had been circulated Report No HLC/083/15 by the Legal Manager relating to an application for a public entertainment licence for Fortrose Town Hall, 1 Church Street, Fortrose by Highlife Highland. 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.

The Committee AGREED to grant the application for a licence subject to standard PEL conditions and a condition that no public entertainment activities take place on the premises until a fire safety checklist and an electrical installation certificate have been submitted and are deemed satisfactory by the Fire and Rescue Service and Environmental Health.

8. Civic Government (Scotland) Act 1982
Application for Temporary Street Trader’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Cheadachdan Sealach Neach-malairt Sràide

8.1 Application for a Temporary Street Trader’s Licence – Alan Adie  

There had been circulated Report No HLC/084/15 by the Legal Manager relating to an application which had been received from Alan Adie for the grant of a street trader’s licence.

The Committee AGREED to grant the application for a temporary licence subject to the standard conditions.

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. 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 

Ms M Smith, Mrs L MacDonald, Mr J Stone and Mr H Wood declared a financial interest in this item as they were registered landlords and left the meeting during determination of this item.

There had been circulated to members only Report No HLC/085/15 by the Legal Manager detailing Landlords who had failed to register under Part 8 of The Antisocial Behaviour etc (Scotland) Act 2004.  The Committee was invited to authorise the service of Rent Penalty Notices in respect of the properties detailed.

The Committee AGREED to authorise the service of Rent Penalty Notices in respect of the properties detailed in the Schedule attached to the Report, subject to the deletion from the Schedule of any properties for which the landlord(s) had in the interim applied for registration.

11. Private Landlord Registration 
Clàradh Uachdarain Phrìobhaidich 

11.1 Robert Tait

There had been circulated Report No HLC/086/15 by the Legal Manager relating to a private landlord registration. Mr Tait had been unable to attend and had asked that this hearing be postponed to the next meeting of the Committee so that he could address the Committee.

The Committee AGREED, at the landlord’s request, to postpone the hearing until 3 November 2015.

12. 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

12.1  Application for Private Hire Car Driver’s Licence – Abdur Bhuiyan  

There had been circulated to members only Report No HLC/087/15 by the Legal Manager relating to an application which had been received from Abdur Bhuiyan for the grant of a private hire car driver’s licence. The Report advised that a letter of objection had been received from Police Scotland. 

The Committee heard from the applicant.

Mr A Bhuiyan was asked if he would prefer to postpone determination of his application to have an interpreter present. Mr A Bhuiyan stated that he was content to continue without an interpreter. Mr Bhuiyan produced his address to the Committee in writing and this was then photocopied and distributed to members. 

The Committee then heard from Sergeant Gray.

Following discussion, the Committee AGREED to refuse to grant the application for a licence on the ground that the applicant was not a fit and proper person to be the holder of a private hire car driver’s licence, by reason of (1) his history of road traffic offences and (2) his disregard for the law, as evidenced by his earlier non-payment of his road traffic offence fines.

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

13.1 Application for Grant of Taxi Driver’s Licence – Iain Jamieson 

There had been circulated to members only Report No HLC/088/15 by the Legal Manager relating to an application which had been received from Iain Jamieson for the grant of a taxi driver’s licence. The Report advised that a letter of representation had been received from Police Scotland. The applicant had not yet passed the taxi driver’s knowledge test.

The Committee AGREED to grant the application for a licence subject to the applicant passing the taxi driver’s knowledge test, with delegated powers to the Legal Manager to issue the licence once the test has been passed, or to refuse the application if the test was not past timeously.

13.2  Application for Grant of Taxi Driver’s Licence – Iain Urquhart

There had been circulated to members only Report No HLC/089/15 by the Legal Manager relating to an application which had been received from Iain Urquhart for the grant of a taxi driver’s licence. 

The Committee heard from Mr Urquhart and from Sergeant Gray.

The Committee AGREED to refuse to grant the application for a licence on the ground that the applicant was not a fit and proper person to be the holder of a taxi driver’s licence by reason of his offending history.

The meeting closed at 11.30 pm.