Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 2 February 2016 at 10.00am.  

Present: 

Dr I Cockburn; Mr C Fraser; Mr R Greene; Mrs L Macdonald; Mr W MacKay; Mr J Rosie; Ms M Smith and Mr J Stone.

In Attendance: 

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

Also Attending: 

Sergeant B Gray, Police Scotland  

Also in Attendance: 

Item 7.2: Ms F MacRae, applicant’s representative 
Item 12.1: Mr I Veinbergs, licence holder
Item 13.3: Ms T Green, private landlord, Ms Y MacDonald, landlord’s representative   

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 A Henderson, Ms G Sinclair and Mr H Wood.   

2. Declarations of interest
Foillseachaidhean Com-pàirt

Item 13.3: Mrs L MacDonald (non-financial)  

3.  Confirmation of Minutes 
Dearbhadh a’ Gheàrr-chunntais 

There had been 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.

Both the minutes were APPROVED. 

The Legal Manager updated the Committee with regard to these meetings:

8 December 2015, item 11.1: Mr Bryson had passed his taxi knowledge test and the licences had been issued;

5 January 2016, item 9.1: Mr Butterworth had sat and failed the taxi knowledge test and therefore his application had been refused; 5 January 2016, item 9.2: Mr McLean had not yet contacted the office to sit a further knowledge test.

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

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

The Committee NOTED the Report. 

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

There had been 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 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 
Ath-bhreithneachadh air gnìomhachd ceadachd cur-seachad poblach agus cumha ceadachd a bharrachd

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

The Senior Licensing Officer indicated that the charging regime for the new activities would be based on the current fee structure.   

The Committee AGREED to make the following resolution:  

The Highland Council resolves, in terms of Section 9 of the Civic Government (Scotland) Act 1982, to vary its existing resolution of 26 February 1998 with the effect that from 1st January 2017, the following changes to the licensing of public entertainment activities will apply within the Highland Council area :-  

1.  Premises used for exhibitions, lectures and illustrated talks (categories ii and xiii in the existing resolution)

Change: Remove the requirement for the abovementioned activities to be licensed when they take place indoors. Only events which take place outdoors or which involve the use of a temporary structure and where there is an admission fee or charge to the public will require a licence.

2.  Premises used for fireworks displays, laser displays and war games (categories iii and v)

Change: Extend the requirements of this category to include fireworks displays and laser displays where there is no admission fee or charge.   

3.  Premises used for trampolines and bungee trampolines

Change: Introduce a new category and license these activities only where there is an admission fee or charge to the public.  

4.  Premises used for entertainment/variety shows

Change: License such events only where there is an admission fee charge to the public (to be included in category xii musical performances).  

5.  Premises used for concerts and musical performances

Change: License outdoor concerts and musical performances where there is no admission fee or charge and which have a capacity of over 250 and where amplified music, or use of a public address system, is the principle activity of the event (to be included in category xii musical performances). 

6.  Premises used for raves

Change: Include raves and similar impromptu musical events within category xii musical performances  

7.  Premises used for the performance of plays

Change: License the use of premises for the performance of plays where there is a charge to the public. This activity will only be licensed under the public entertainment category once the provisions in the Theatres Act 1968 governing the licensing of premises used for the performance of plays are repealed, and corresponding changes to the 1982 Act are brought into effect to allow the use of premises for the performance of plays to be included as an activity which requires a public entertainment licence.   

It will be an offence under Section 7(1) of the Civic Government (Scotland) Act 1982 to do any of the above activities without a licence.  

The Council will consider applications for licences for any of the above activities from 3rd March 2016. Applications can be made at the Council’s website at www.highland.gov.uk. Application forms are also available from appropriate Council Offices and all Service Points.  

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 had been circulated Report No HLC/017/16 by the Legal Manager relating to an application which had been received from Frank Ryan for the renewal of a street trader’s licence.  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.  Mr Ryan had been unable to attend and a letter from Mr Ryan was circulated.  

The Committee AGREED that in the event that the gas safe certificate, electrical certificate, food hygiene training certificates and also confirmation that the wash hand basin has a supply of hot and cold water have not been received or confirmed by 23 March 2016 to grant delegated powers to the Legal Manager to refuse the application. 

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

There had been circulated Report No HLC/018/16 by the Legal Manager relating to an application which had been received from Ms K Scobie for the grant of a street trader’s licence.  The Report advised that Environmental Health could not comment on the vehicle until it had been purchased and checked.  

Ms F Macrae, the applicant’s representative, advised that the vehicle had now been purchased and was being fitted out.   

The Committee AGREED that in the event that Environmental Health have not confirmed that the van is satisfactory and has all the required certification by 22 March to grant delegated powers to the Legal Manager to refuse the application.

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 had been circulated Report No HLC/019/16 by the Legal Manager relating to an application which had been received from Donald Macleod for the grant of a taxi driver’s licence. The applicant had not yet passed the taxi driver’s knowledge test.  

The applicant was not in attendance.   

The Committee AGREED to allow the applicant until 4 April 2016 to pass the knowledge test failing which to grant delegated powers to the Legal Manager to refuse the application.

8.2  Application for taxi driver’s licence – Michael Craigen 

There had been circulated Report No HLC/020/16 by the Legal Manager relating to an application which had been received from Michael Craigen for the grant of a taxi driver’s licence.  The applicant had not yet passed the taxi driver’s knowledge test.  

The applicant was not in attendance.

The Committee AGREED to allow the applicant until 3 March 2016 to pass the knowledge test failing which to grant delegated powers to the Legal Manager to refuse the application.   

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.  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 had been circulated to members only Report No HLC/021/16 by the Legal Manager relating to an application which had been received from Robert Docherty for a private hire car driver’s licence.  Mr Docherty was awaiting an appointment for completion of his Group 2 (PSV) standard. 

The applicant was not in attendance.  

The Committee AGREED to allow the applicant until 22 March 2016 to demonstrate that he has passed the Group 2 (PSV) medical standard, failing which to grant delegated powers to the Legal Manager to refuse the application. 

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 had been circulated to members only Report No HLC/022/16 by the Legal Manager relating to John S Miller who was the holder of a private hire car licence and a private hire car driver’s licence.  The Report advised that a letter of objection had been received from Police Scotland.  

The applicant was not in attendance.

The Committee heard from Sergeant Gray. 

The Committee AGREED to order the immediate suspension of both licences for the unexpired portion of their duration on the following grounds:

1. The licence holder is no longer a fit and proper person to hold the licences; and

2. The carrying on of the activities to which the licences relate has caused, is causing or is likely to cause a threat to public order or public safety due to his having carried in his vehicle two gas powered air pistols, one in the boot and another, which was loaded at the time of its discovery, in the driver’s door pocket.  

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 had been circulated to members only Report No HLC/023/16 by the Legal Manager relating to Ivo Veinbergs who was the holder of a taxi driver licence. 

The Committee heard from the applicant. 

The Committee AGREED to express concern that the licence holder had [text removed from web version in compliance with Data Protection Act 1998] after being warned as to his future conduct but to take no action other than to issue the licence holder with a severe warning as to his future conduct. 

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 had been circulated to members only Report No HLC/24/16 by the Legal Manager which detailed landlords who had 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 was sought.   

The Committee AGREED to serve rent penalty notices in respect of those properties detailed in the appendix to the report where the landlord remained unregistered.  

13.2  Kevin Hay 

There had been 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.  In light of previous concerns expressed by Police Scotland, the licensing department had sent a consultation to which Police Scotland had responded.  The Report recommendation should be amended by replacing the words “authorise refusal of” with “refuse”.  

The applicant was not in attendance.  

The Committee AGREED to refuse the application for registration on the grounds that the applicant is not a fit and proper person to act as a landlord due to [text removed from web version in compliance with Data Protection Act 1998].   

13.3 Tanya Green 

Mrs L MacDonald declared a non-financial interest in Item 13.3 as she knew the applicant and left the room during its determination.  

There had been 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 Report recommendation should be amended by replacing the words “authorise refusal of” with “refuse”.  

The Committee heard from the applicant, the applicant’s representative Ms Y Macdonald and from Sergeant Gray.  

The Committee AGREED to approve the application for registration. 

The meeting closed at 11.10 am.