Agendas, reports and minutes

Highland Licensing Committee

Date: Tuesday, 2 February 2016

Agenda: Read the Agenda

A meeting of the Highland Licensing Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 2 February 2016 at 10.00 am.  

You are invited to attend and a note of the business to be considered is attached.  

Webcast notice: This meeting will be filmed and broadcast over the internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.  

Members are reminded that during determination of licensing items, in order to be entitled to participate in any vote, members must be present throughout all of the proceedings.  

Members are further reminded that mobile devices, including mobile phones, can be used for following the agenda/reports and delivering speeches but should not be used for any form of communication (text or tweet) during the meeting. 

Yours faithfully  

Alaisdair Mackenzie, Legal Manager
(for Depute Chief Executive/Director of Corporate Development)  

Business  

(Chair – Dr I Cockburn)  

1.  Apologies for absence
Leisgeulan

2. Declarations of interest 
Foillseachaidhean com-pàirt

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting. Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from officers prior to the meeting taking place.  

3.  Confirmation of minutes
Dearbhadh a’ gheàrr-chunntais

There are submitted for confirmation as correct records:  

i.  the minute of the meeting of the Highland Licensing Committee held on 8 December 2015; and

ii. the minute of the meeting of the Highland Licensing Committee held on 5 January 2016.

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

There is circulated Report No HLC/014/16 by the Legal Manager which details all licences which have been granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 9 December 2015 to 19 January 2016.  

The Committee is invited to note the Report.

5.  Pending applications – 3 monthly considerations
Iarrtasan ri thighinn – beachdachaidhean 3 mìosach

There is circulated Report No HLC/015/16 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 Report recommends that the Committee agree to defer the 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
Ath-bhreithneachadh air gnìomhachd ceadachd cur-seachad poblach agus cumha ceadachd a bharrachd

There is circulated Report No HLC/016/16 by the Legal Manager relating to the responses received in relation to the consultation carried out to review the activities which are licensed as public entertainment under Section 41 of the Civic Government (Scotland) Act 1982.   

7.  Civic Government (Scotland) Act 1982
Application for street trader’s licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd neach-malairt sràide

7.1 Application for a street trader’s licence – Frank Ryan

There is circulated Report No HLC/017/16 by the Legal Manager relating to an application which has been received from Frank Ryan for the renewal of a street trader’s licence (Inverness Central Ward). 

The Committee is invited to determine this application in accordance with the Council’s hearings procedure. 

7.2 Application for a street trader’s licence – Kirsty Scobie 

There is circulated Report No HLC/018/16 by the Legal Manager relating to an application which has been received from Ms K Scobie for the grant of a street trader’s licence (Wester Ross, Strathpeffer and Lochalsh Ward).

The Committee is invited to determine this application in accordance with the Council’s hearings procedure.

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

8.1 Application for taxi driver’s licence – Donald Macleod

There is circulated Report No HLC/019/16 by the Legal Manager relating to an application which has been received from Donald Macleod for the grant of a taxi driver’s licence (North, West and Central Sutherland).

The Committee is invited to determine this application in accordance with the Council’s hearings procedure.

8.2 Application for taxi driver’s licence – Michael Graigen 

There is circulated Report No HLC/020/16 by the Legal Manager relating to an application which has been received from Michael Craigen for the grant of a taxi driver’s licence (Inverness Ness-Side Ward). 

The Committee is invited to determine this application in accordance with the Council’s hearings procedure. 

9.  The Committee is asked to resolve 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 involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act. 

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 – Robert Docherty 

There is circulated to members only Report No HLC/021/16 by the Legal Manager relating to an application which has been received from Robert Docherty for a private hire car driver’s licence (Tain and Easter Ross Ward). 

The Committee is invited to determine this application in accordance with the Council’s hearings procedure. 

11. Civic Government (Scotland) Act 1982 
Hearing – private hire car operator’s licence and private hire car driver’s licence
Achd Riaghaltais Chatharra (Alba) 1982 

11.1 Licence holder – John S Miller

There is circulated to members only Report No HLC/022/16 by the Legal Manager relating to John S Miller who is the holder of a private hire car licence and private hire car driver’s licence (Wick Ward). 

The Committee is invited to determine this matter in accordance with the Council’s hearings procedure. 

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

12.1 Licensed taxi driver – Ivo Veinbergs 

There is circulated to members only Report No HLC/023/16 by the Legal Manager relating to Ivo Veinbergs who is the holder of a taxi driver licence (Inverness Millburn Ward).

The Committee is invited to determine this matter in accordance with the Council’s hearings procedure.

13. Antisocial Behaviour etc (Scotland) Act 2004
Private landlord registration 
Achd Dol A-mach Mì-shòisealta (Alba) 2004
Clàradh uachdarain phrìobhaidich 

13.1 Rent Penalty Notices 

There is circulated to members only Report No HLC/24/16 by the Legal Manager which details landlords who have failed to register under Part 8 of the Antisocial Behaviour etc (Scotland) Act 2004 and in respect of whose properties approval to serve rent penalty notices is sought. The Committee is invited to consider the matter. 

13.2 Kevin Hay 

There is circulated to members only Report No HLC/025/16 by the Legal Manager relating to an application for registration in the Register of Private Landlords. The Committee is invited to hear from the landlord and consider the matter. 

The Committee is invited to determine this matter in accordance with the Council’s landlord registration hearings procedure. 

13.3 Tanya Green 

There is circulated to members only Report No HLC/026/16 by the Legal Manager relating to an application for registration in the Register of Private Landlords. The Committee is invited to hear from the landlord and consider the matter.

The Committee is invited to determine this matter in accordance with the Council’s landlord registration hearings procedure.