Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 3 November 2015 at 10.00 am. 

Present: 

Dr I Cockburn, Mr R Greene, Mr C Fraser, Mr A Henderson, Mrs L Macdonald, Mr W MacKay (by video conference from Wick), Mr J Rosie, 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
PC J Williamson

Also in Attendance:

Item 10.1: Mr A Laing, licence holder
Item 10.2: Mr I Urquhart, licence holder and Mr R Munro, for the licence holder 

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

An apology for absence was intimated on behalf of Mrs G Sinclair. 

2. Declarations of interest
Foillseachaidhean Com-pàirt

Items 9.1: Mrs L MacDonald, Mr J Stone and Mr H Wood (non-financial interest).

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 6 October 2015 which was APPROVED. 

4. Licences granted under delegated powers
Ceadachdan a bhuilicheadh fo ùghdarras air a thiomnadh

There had been circulated Report No HLC/090/15 by the Legal Manager detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 23 September 2015 to 20 October 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/091/15 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. Civic Government (Scotland) Act 1982
Applications for a public entertainment licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachd aoigheachd phoblaich

6.1 Premises: Inverness Museum and Art Gallery 

There had been circulated Report No HLC/092/15 by the Legal Manager relating to an application for a public entertainment licence for Inverness Museum and Art Gallery 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 note that the report had been withdrawn as the renewal had been issued under delegated powers following receipt of the relevant documentation and confirmation that the outstanding works had been completed. 

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

7.1 Application for taxi driver’s licence – Gordon McDonald 

There had been circulated Report No HLC/093/15 by the Legal Manager relating to an application which had been received from Gordon McDonald for the grant of a taxi driver’s licence. The applicant had not yet passed the taxi driver’s knowledge test.

The Committee AGREED to grant delegated powers to the Legal Manager to refuse the application in the event that the applicant had not passed the knowledge test by 27 November 2015. 

8.  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. 

9. Private landlord registration 
Clàradh Uachdarain Phrìobhaidich 

Councillors Mrs L MacDonald, Mr J Stone and Mr H Wood declared a non-financial interest in item 9.1 following as they were registered landlords and left the meeting during its determination.

9.1  Robert Tait

There had been circulated to members only Report No HLC/094/15 by the Legal Manager relating to a private landlord registration. This item had been deferred from the meeting on 6 October 2015 to allow the landlord to attend.

Due to personal circumstances, Mr Tait had been unable to attend and had asked for a further deferral to the next meeting on 8 December 2015 so that he could address the Committee. 

The Committee AGREED to defer the hearing to the meeting on 8 December 2015.

10. Civic Government (Scotland) Act 1982
Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson cheadachdan do dhràibhearan / oibrichean tagsaidh

10.1 Taxi driver’s licence – Andrew Laing 

There had been circulated to members only Report No HLC/095/15 by the Legal Manager relating to the holder of a taxi driver’s licence. 

A written statement from Mr Laing had been circulated with the papers and Mr Laing did not wish to add anything further to this. 

The Committee AGREED to warn the licence holder.

10.2 Application for grant of taxi driver’s licence – Iain Urquhart 

There had been circulated to members only Report No HLC/096/15 by the Legal Manager relating to an application which had been received from Iain Urquhart for the grant of a taxi driver’s licence. A hearing on Iain Urquhart’s application took place at the Committee meeting on 6 October 2015. During that hearing, the Committee had heard from both Mr Urquhart and the Police Scotland representative. The Committee had had before it a Police Scotland letter of objection to the grant of the application. This letter, and the submissions made at that meeting, had referred to two spent convictions which, by 6 October 2015 had become protected convictions under The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2015. These protected convictions had been introduced at the hearing, however, without Police Scotland first satisfying the Committee that justice could not be done in the case except by admitting them. The section 7(3) test had accordingly not been satisfied. As the Committee had erred in law in reaching their decision, the applicant had been offered the opportunity to attend a re-hearing of his application, which he had accepted.

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The Committee then heard from Mr Urquhart, the licence holder, Mr Munro in support of the applicant and from Sergeant Gray. 

Following discussion, the Committee AGREED to grant the application for one year subject to the applicant passing the knowledge test.

11.  Dates of Meetings in 2016 
Cinn-latha Choinneamhan ann an 2016

The committee NOTED the dates for meetings in 2016 as follows: 

5 January; 2 February; 29 March; 10 May; 14 June; 9 August; 4 October; 1 November and 6 December. 

The meeting closed at 11.30 pm.