Agendas, reports and minutes

A meeting of the Highland Licensing Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 10 May 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 

Susan Blease, Principal Solicitor, Regulatory Services 

(for Depute Chief Executive/Director of Corporate Development) 

Business 

(Chair – Dr I Cockburn) 

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 29 March 2016 at 10.00 am.

Present:

Dr I Cockburn 

Mr A Duffy (except Item 11.3)

Mr C Fraser

Mr R Greene

Mr A Henderson

Mrs L Macdonald 

Mr W MacKay  

Mrs G Sinclair

Ms M Smith

Mr H Wood

In attendance:

Mr A Mackenzie, Legal Manager (Clerk)

Ms S Blease, Principal Solicitor (Regulatory Services) 

Mr M Elsey, Senior Licensing Officer 

Ms A Macrae, Committee Administrator

Also attending:

Inspector E Henderson, Police Scotland

Also in attendance:

Item 7.2:   Mr T Duncan, applicant

Item 11.1: Mr C McIntosh, licence holder and Mr D Mackenzie, Solicitor for the licence holder

Item 11.3: Mr J Foy, licence holder

Item 11.4: Ms J Innes, 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

An apology for absence was intimated on behalf of Mr J Stone.

2. Declarations of interest

Foillseachaidhean com-pàirt

Item 11.3: Mr Allan Duffy (non-financial)

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 2 February 2016 which was APPROVED.

Arising from the minute the Senior Licensing Officer reported as follows:-

• Item 7.1: Mr Ryan had failed to submit the certification required or provide confirmation that the relevant works had been completed by the required date of 23 March 2016, and the application had been refused under delegated powers; and 
• Item 8.2: Mr Craigen had failed to sit and pass the knowledge test by the required date of 3 March 2016 and the application had been refused under delegated powers. 

The Committee NOTED the update.

4. Licences granted under delegated powers

Ceadachdan a bhuilicheadh fo ùghdarras air a thiomnadh

There had been circulated Report No HLC/027/16 by the Legal Manager  detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 20 January 2016 to 15 March 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/028/16 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. Civic Government (Scotland) Act 1982 

Applications for a public entertainment licence 

Achd Riaghaltais Chatharra (Alba) 1982

Iarrtasan airson ceadachd aoigheachd phoblaich

6.1 Premises: Ardgour Memorial Hall, Clovullin, Ardgour, By Fort William 

There had been circulated Report No HLC/029/16 by the Legal Manager relating to an application for the grant of a public entertainment licence for Ardgour Memorial Hall, Clovullin, Ardgour, By Fort William by Ardgour Memorial Hall Committee.  The applicant had not yet submitted the annual certification in relation to fire safety appliances.  The other two outstanding items had been received after the report had been written.  

On hearing from the Senior Licensing Officer, the Committee AGREED to grant the application subject to the standard conditions with an additional condition that the premises not be used for licensable activities until the annual certification in relation to fire safety appliances is received.

7. Civic Government (Scotland) Act 1982 

Application for a street trader’s licence 

Achd Riaghaltais Chatharra (Alba) 1982

Iarrtas airson ceadachd neach-malairt sràide

7.1 Application for a street trader’s licence – Martin MacPherson 

There had been circulated Report No HLC/030/16 by the Legal Manager relating to an application which had been received from Martin MacPherson for the grant of a street trader’s licence.  Mr MacPherson had also applied to trade outwith the hours stated in condition 9 of the street trader’s licence schedule of conditions.  

The Legal Manager advised that Mr Macpherson had submitted his apologies and was not in attendance. He also advised that similar applications for a terminal hour of 0100 hours had been granted for this stance at Somerfield Square, Portree by the current and previous Licensing Committees.   

Following discussion, the Committee AGREED to grant the application subject to the standard conditions with the terminal hour being 0100 hours.

7.2 Application for a street trader’s licence – Taylor Duncan

There had been circulated Report No HLC/031/16 by the Legal Manager relating to an application which had been received from Taylor Duncan for the grant of a street trader’s licence.  Environmental Health had been unable to pass the vehicle in terms of food hygiene legislation as the applicant had not presented a vehicle for inspection.  A vehicle had now been purchased and should be available for testing shortly.  

M T Duncan spoke in support of his application during which he advised that the firm providing the vehicle had failed to meet the deadline for its delivery.  However he anticipated that the vehicle would be delivered the following week and he would arrange for it to be presented for inspection thereafter.

In discussion, Members emphasised to the applicant the importance of any litter associated with his street trader’s operation being removed promptly, with specific reference to the stance at Chanonry Point, Fortrose.  

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 27 April 2016 to grant delegated powers to the Legal Manager or the Principal Solicitor to refuse the application.

7.3 Application for a street trader’s employee licence – Fenella Macrae

There had been circulated Report No HLC/032/16 by the Legal Manager relating to an application which had been received from Fenella Macrae for the grant of a street trader’s employee licence.  The related street trader’s application had been granted at the previous meeting subject to Environmental Health confirming that the mobile catering trailer was satisfactory.  There had been a delay in the purchase of the vehicle and, at the date of the previous meeting, Environmental Health had been unable to comment until the vehicle was inspected.  The vehicle had now been inspected and the licence could now be granted under delegated powers.

The applicant was not in attendance.

The Committee AGREED to note that the licence had been issued under delegated powers following confirmation from Environmental Health that the vehicle was satisfactory and had all the required certification.

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 – Vladut Tamirjan  

There had been circulated Report No HLC/033/16 by the Legal Manager relating to an application which had been received from Vladut Tamirjan 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 May 2016 to pass the knowledge test failing which to grant delegated powers to the Legal Manager or the Principal Solicitor to refuse the application.

9. The Committee AGREED 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 Private hire car driver’s licence – Frank Carrison

There had been circulated to members only Report No HLC/034/16 by the Legal Manager relating to Frank Carrison who was the holder of a private hire car driver’s licence.  Mr Carrison was awaiting further tests to assess whether he met the DVLA Group 2 (PSV) medical standard. In the meantime the Legal Manager had ordered the immediate suspension of his licence.  

The applicant was not in attendance.

The Committee AGREED to:-

i. order the immediate suspension of the licence for the unexpired portion of its duration on the grounds that the licence holder is no longer a fit and proper person to hold the licence due to his failing the Group 2 (PSV) medical standard; and

ii. grant delegated powers to the Legal Manager or the Principal Solicitor to recall the suspension in the event that the licence holder produces evidence that he meets the Group 2 (PSV) medical standard.

10.2 Application for private hire car driver’s licence – Elvis Rozario 

There had been circulated to members only Report No HLC/035/16 by the Legal Manager relating to an application which had been received from Elvis Rozario for the renewal of a private hire car driver’s licence.  Mr Rozario had been granted a licence to 10 November 2015 as Mr Rozario’s visa expired on that date.  At the time the Report had been written, Mr Rozario had applied for the renewal of his visa but this had not yet been determined by the Home Office.  He had been entitled to continue in employment in the UK, however, whilst his visa application was under consideration. The Senior Licensing Officer reported that Mr Rozario’s visa had subsequently been renewed and the licence accordingly issued.

The applicant was not in attendance.

The Committee AGREED to note that the licence had been issued under delegated powers following renewal of Mr Rozario’s visa.

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 Licence holder – Christopher McIntosh

There had been circulated to members only Report No HLC/036/16 by the Legal Manager relating to Christopher McIntosh who was the holder of a taxi operator’s and a taxi driver’s licence.  The Report advised that a letter of objection had been received from Police Scotland. 

The Committee heard from the applicant’s representative, Mr D Mackenzie, and from Inspector E Henderson.

Thereafter, Ms M Smith, seconded by Mrs G Sinclair, moved to order the immediate suspension for 6 months of the taxi driver’s licence on the grounds that the licence holder is no longer a fit and proper person to hold the licence and to take no action on the taxi operator’s licence.

Mr A Duffy seconded by Mr W Mackay moved as an amendment that no action be taken in relation to either licence.

On a vote being taken by roll call, eight votes were cast for the motion and two votes were cast in favour of the amendment, as follows:- 

For the motion (8): 

Mr I Cockburn; Mr C Fraser; Mr A Henderson; Mrs L Macdonald; Mr R Greene; Mrs G Sinclair; Ms M Smith; Mr H Wood

For the amendment (2): 

Mr A Duffy; Mr W Mackay

The motion to order the immediate suspension for 6 months of the taxi driver’s licence on the grounds that the licence holder is no longer a fit and proper person to hold the licence and to take no action in relation to the taxi operator’s licence was accordingly carried. 

11.2 Licence Holder – Barry Shearer 

There had been circulated to members only Report No HLC/037/16 by the Legal Manager relating to Barry Shearer who was the holder of a taxi driver’s licence.  Confirmation of whether Mr Shearer met the DVLA Group 2 (PSV) medical standard was awaited and, in the meantime, the Legal Manager (Regulatory Services) had ordered the immediate suspension of his licence.  

The applicant was not in attendance.

The Committee AGREED to:-

i. order the immediate suspension of the licence for the unexpired portion of its duration on the grounds that the licence holder is no longer a fit and proper person to hold the licence due to his failing the Group 2 (PSV) medical standard; and

ii. grant delegated powers to the Legal Manager or the Principal Solicitor to recall the suspension in the event that the licence holder produces evidence that he meets the Group 2 (PSV) medical standard.

11.3 Application for renewal of taxi driver’s licence – Joseph Foy

Declaration of Interest:  Mr Allan Duffy declared a non-financial interest in this item as he was a friend of Mr Foy’s family and left the meeting during determination of this item. 

There had been circulated to members only Report No HLC/038/16 by the Legal Manager relating to an application which had been received from Joseph Foy for the renewal of his taxi driver’s licence.  The Report advised that a letter of objection had been received from Police Scotland. 

The Committee heard from the applicant and from Inspector E Henderson.

The Committee AGREED to refuse the application on the grounds that the applicant was not a fit and proper person to hold the licence.

11.4 Application for grant of a taxi driver’s licence – Julie Innes 

There had been circulated to members only Report No HLC/039/16 by the Legal Manager relating to an application which had been received from Julie Innes for the grant of a taxi driver’s licence.

The Committee heard from the applicant.

The Committee AGREED to grant the application subject to the standard conditions.

11.5 Application for grant of a taxi driver’s licence – Andrew J Donaldson

There had been circulated to members only Report No HLC/040/16 by the Legal Manager relating to an application which had been received from Andrew J Donaldson 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 was not in attendance. 

The Committee AGREED to allow the applicant until 1 August 2016 to pass the knowledge test failing which to grant delegated powers to the Legal Manager or the Principal Solicitor to refuse the application.

The meeting closed at 12.30pm.