Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 8 December 2015 at 10.00am.

Present:

Dr I Cockburn
Mr C Fraser
Mr A Henderson (from item 10)
Mrs L Macdonald
Mr W MacKay (by video conference from Wick, excluding items 10 to 11.1)
Ms M Smith
Mr J Stone
Mr H Wood

In Attendance:

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

Also Attending:

Sergeant B Gray, Police Scotland

Also in Attendance:

Item 6.1: Mr C Duncan (McDonalds), Mr B Dalgarno (Subway), Mrs L Murray, solicitor for the licence holder (Chicken Hut) and Mr G Watson, solicitor for the licence holder (Topkapi and Zoom)
Item 9.1: Mr R Tait, private landlord
Item 10.1: Mr A R Thayatheyil, applicant
Item 10.2: Mr A Niewzorow, applicant
Item 11.1: Mr T Bryson, applicant and Mr R Munro 

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 R Greene, Mr J Rosie and Mrs G Sinclair.

2. Declarations of interest
Foillseachaidhean Com-pàirt 

There were no declarations of 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 3 November 2015 which was APPROVED.

The Legal Manager updated the Committee with regard to items 7.1 and 10.2. Mr McDonald had withdrawn his application for a taxi driver’s licence and Mr Urquhart had passed his knowledge test and the taxi driver’s licence had been issued.

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

There had been circulated Report No HLC/097/15 by the Legal Manager  detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 21 October 2015 to 24 November 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/098/15 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 Variation of late hours catering licences 
Achd Riaghaltais Chatharra (Alba) 1982 Caochladh ann an ceadachdan solar uairean anmoch

6.1 Premises – various Inverness city centre premises

There had been circulated Report No HLC/099/15 by the Legal Manager relating to the variation of late hours catering licences in respect of a number of Inverness city centre premises. Mr M Elsey advised that the Report should be amended at 1.3 (i) to read “48 hours’” instead of “7 days” notice.

Mr G McCormack stated the only issue Environmental Health had was with the bins for these premises and the increased waste that would be likely following the increased hours.  Environmental Health were currently looking at a new policy in relation to bins in Inverness city centre.

Police Scotland had nothing to add to the observations made in their letters attached to the Report.

Mr G Watson, solicitor, confirmed that the licence holders he represented supported the extension of the late hours which would remove the “pinch point” at 3.00 am. 

Mr C Duncan supported the extension of hours to remove the “pinch point” and stated that the extended hours had benefited safety.  Incidents in 2015 had been greatly reduced and this was attributable to the removal of “pinch points”. 

Mr B Dalgarno agreed that the removal of the “pinch point” was beneficial for all concerned, premises had the relevant security and there had been no major problems.

Members’ comments included the following:

• the increase to the terminal hour was working well and should be made permanent;
• the increased terminal hour was assisting in the flow from pubs and clubs up to and including closing time; and
• pleased to hear that Environmental Health would be working on a new policy for bins in Inverness city centre;

The Committee AGREED that:

1     those premises with the additional hours would continue to enjoy such hours for the remainder of the duration of the licence.

2.    The following policy hours for premises in Inverness City Centre be:

Mondays: 2300 hours to 2400 hours

Tuesdays: 2300 hours to 2400 hours

Wednesdays: 2300 hours to 0300 hours (Thursday morning)

Thursdays: 2300 hours to 0330 hours (Friday morning)

Fridays: 2300 hours to 0400 hours (Saturday morning)

Saturdays: 2300 hours to 0400 hours (Sunday morning)

Sundays: 2300 hours to 0300 hours (Monday morning)

3.    During any period when, in terms of the Licensing (Scotland) Act 2005, the Highland Licensing Board had declared a policy for a terminal hour later than 3.00 am for any premises with a licence in terms of the Licensing (Scotland) Act 2005, the trader shall be permitted to trade until 30 minutes after the said terminal hour declared by the Highland Licensing Board, provided that:

(i) the Licence Holder shall be required to give not less than 48 hours' notice to the Council and to Police Scotland of the date or dates on which it is intended that the premises remain open and the terminal hour (for late hours catering) to be applied on those dates;

(ii) the premises may remain open until the terminal hour (for late hours catering) only on those dates for which notice has been given in accordance with this condition and only when, on those dates, there are premises within Inverness city centre with a licence issued in terms of the Licensing (Scotland) Act 2005 which are open for business until at least 30 minutes prior to this terminal hour, and

(iii) the traders will close their entrance doors to the public not later than 10 minutes prior to the terminal hour and thereafter refuse entry to any member of the public.

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 – Christopher Powley

There had been circulated Report No HLC/100/15 by the Legal Manager relating to an application which had been received from Christopher Powley for the grant of a taxi driver’s licence.  The applicant had not yet passed the taxi driver’s knowledge test. 

An email had been received from Mr Powley and was circulated.

Members were sympathetic with Mr Powley who had failed his knowledge test by a very small margin and Ms M Smith, seconded by Mr J Stone moved that the application be approved. 

Mr I Cockburn, seconded by Mr H Wood moved as an amendment that the application be refused.

On a vote being taken, 5 votes were cast in favour of the motion and 2 in favour of the amendment as follows:

For the Motion (5)

Mr C Fraser
Mrs L MacDonald
Mr W Mackay
Mr J Stone
Ms M Smith 

For the Amendment (2)

Dr I Cockburn
Mr H Wood

The motion therefore became the finding of the meeting and the Committee AGREED to grant the application subject to the standard conditions.

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

9.1       Robert Tait 

There had been circulated to members only Report No HLC/101/15 by the Legal Manager relating to a private landlord registration.  This item had been deferred from the meeting on 6 October 2015 and again on 3 November 2015 to allow the landlord to attend. 

Mr Tait had applied to be a private landlord in 2008 and again in 2013 and on both occasions had failed to disclose [text removed from web version in compliance with Data Protection Act 1998].

The Committee heard from Mr Tait and  Sergeant Gray.

Dr I Cockburn reminded members that Mr Tait had had an agent for the property since 2007 and did not have any direct dealings with the tenants. 

Mr Tait confirmed that he had an agent and that his current agent had taken over from his previous agent.  The tenancy had been run continually by agents since 2001.

The Committee AGREED not to remove Mr Tait from the landlord register.

The Committee had a short adjournment to determine whether the video conference link was working well enough to allow Mr W MacKay to continue to participate in the meeting.    As the sound quality could not be improved the video conference link was stopped at this point. 

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 – Abdul R Thayatheyil

There had been circulated to members only Report No HLC/102/15 by the Legal Manager relating to an application which had been received from Abdul R Thayatheyil for a private hire car driver’s licence.  The Report advised that a letter of objection had been received from Police Scotland.

Ms S Blease clarified that this applicant had applied to the Highland Licensing Board at their last meeting for a personal licence and at that time in terms of the liquor licensing legislation no regard could be had to [text removed from web version in compliance with Data Protection Act 1998].

In regard to the intelligence supplied by Police Scotland, as no dates, places or sufficient detail had been supplied to allow Mr Thayatheyil to address these items, these could not be considered.

An additional letter had been received from Police Scotland and was circulated to members and the applicant.

The Committee heard from Mr Thayatheyil and from Sergeant Gray.

The Committee AGREED to refuse the application on the ground that the applicant was not a fit and proper person to hold a licence by reason of [text removed from web version in compliance with Data Protection Act 1998].

10.2    Application for private hire car driver’s licence – Andrzej Niewzorow

There had been circulated to members only Report No HLC/103/15 by the Legal Manager relating to an application which had been received from Andrzej Niewzorow for the grant of a private hire car driver’s licence.  The Report advised that a letter of representation had been received from Police Scotland.

The Committee heard from Mr Niewzorow and from Sergeant Gray.

Ms M Smith asked that her reservations in granting this licence be noted. 

The Committee AGREED to grant the licence 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 Application for grant of a taxi operator’s and taxi driver’s licence – Thomas Bryson

There had been circulated to members only Report No HLC/104/15 by the Legal Manager relating to an application which has been received from Thomas Bryson for the grant of a taxi operator’s and a taxi driver’s licence.  The Report advised that a letter of representation had been received from Police Scotland.

A letter of support for the applicant was circulated.

The Committee AGREED provided the applicant’s vehicle passed inspection, the taxi meter being checked and sealed, the applicant submitting insurance details, MOT and vehicle registration documentation, to grant the applications subject to the standard conditions.

The meeting closed at 12.05 pm.