Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 10 May 2016 at 10.00 am.

Present:

Dr I Cockburn, Mr A Duffy, Mr R Greene, Mrs L Macdonald, Mr W MacKay (by video conference from Wick), Ms M Smith, Mr J Stone and Mr H Wood

In attendance:

Ms S Blease, Principal Solicitor (Regulatory Services)
Miss C McArthur, Solicitor (Regulatory Services)
Mr M Elsey, Senior Licensing Officer
Mr B Leslie, Trading Standards
Mr M McGinty, Trading Standards Officer
Mrs A MacArthur, Administrative Assistant

Also attending:

Sergeant B Gray, Police Scotland

Also in Attendance:

Item 7.1: Mr R MacIver, Director of M and M Taxi Lease
Item 7.2: Mr J Fraser, licence holder and Mr A Turner, mechanic
Item 10.1: Mr C Campbell, licence holder and Mr Mr Mackenzie, Solicitor

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 C Fraser, Mr A Henderson and Ms G Sinclair.

2.  Declarations of interest
Foillseachaidhean Com-pàirt

Item 7.1: Mr R Greene (non-financial)

3.  Confirmation of minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minute of the meeting of the Committee held on 29 March 2016 which was APPROVED.

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

There had been circulated Report No HLC/041/16 by the Principal Solicitor detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 16 March to 26 April 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/042/16 by the Principal Solicitor 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.  Taxi and private hire car licensing – consultation on the impact of modern technology

There had been circulated Report No HLC/043/16 by the Principal Solicitor which invited the Committee to consider, and amend if required, the attached draft response to the Scottish Government consultation in relation to the impact of modern technology on taxi and private hire car licensing.

The Committee AGREED the proposed terms of the consultation response to the Scottish Government.

7.  Civic Government (Scotland) Act 1982
Hearing – Taxi operator’s licence – 
Highland Council penalty point system
Achd Riaghaltais Chatharra (Alba) 1982
Èisteachd – ceadachd oibriche tagsaidh –
siostam phuingean peanais Chomhairle na Gàidhealtachd

7.1  Licence holder – M and M Taxi Lease 

Declaration of interest: Mr R Greene declared a non-financial interest in this item as he was personally acquainted with the licence holder’s Director and left the chamber for the duration of the item.

There had been circulated Report No HLC/044/16 by the Principal Solicitor relating to a breach of taxi operator licence conditions.   A report had been received from the Council’s Trading Standards Service and the productions referred to in that report were made available at the meeting.

The Committee heard from Mr R MacIver, Director of M and M Taxi Lease.  Mr MacIver assured the Committee that his vehicles were well maintained and that this particular vehicle had passed the MOT test prior to the taxi test.

Mr M McGinty stated for clarification that the Council contractor carried out the test and that Trading Standards acted on it accordingly.  He further explained that the taxi test was carried out by an approved Highland Council contractor and that it was a more stringent test than the standard MOT test.  The taxi test was well documented and all taxi drivers were informed of the criteria for the test and the points allocated if the test criteria were not met.

Following debate, the Committee AGREED that any vehicle covered by plate number 11 653 be subject to three monthly vehicle inspections for the next twelve months.

7.2  Licence holder – John Fraser

There had been circulated Report No HLC/045/16 by the Principal Solicitor relating to a breach of taxi operator licence conditions.  A report had been received from the Council’s Trading Standards Service and the productions referred to in that report were made available at the meeting.

Mr Fraser, the applicant and the applicant’s mechanic, Mr Turner were in attendance.  Mr Fraser indicated that the vehicle had been pre-tested the week before the Council’s test and that it had passed.

Mr M McGinty again stated that the Council, through its appointed contractor, applied a more stringent test than a standard MOT test.  Following the test the licence holder had 21 days to rectify any Group B defects.  On expiry of the 21 days if the vehicle had not passed a further inspection by the Trading Standards Officer, a letter was issued advising of further penalty points.

Following debate, Mr A Duffy, seconded by Mr W Mackay, moved that no action be taken.

Dr I Cockburn, seconded by Mr Richard Greene moved as an amendment that any vehicle on the licence plate be subject to three monthly testing for the next twelve months.

On a vote being taken, three votes were cast in favour of the motion, and five votes were cast in favour of the amendment as follows.

For the motion (3): 

Mr A Duffy, Mr W MacKay and Ms M Smith.

For the amendment (5):

Dr I Cockburn, Mrs L MacDonald, Mr R Greene, Mr J Stone and Mr H Wood.

The amendment therefore became the finding of the meeting and the Committee AGREED that any vehicle covered by plate number 11 520 be subject to three monthly vehicle inspections for the next twelve months.

8.  Civic Government (Scotland) Act 1982
Applications for a public entertainment licence     
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachd aoigheachd phoblaich

8.1  Premises: Stratherrick Public Hall

There had been circulated Report No HLC/046/16 by the Principal Solicitor relating to an application for a public entertainment licence for Stratherrick Public Hall by the Stratherrick Public Hall Committee.  The Report advised that there was outstanding certification which required to be submitted.

The Committee NOTED that the application had been granted under delegated powers following submission of all certification.

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
Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson cheadachdan do dhràibhearan / oibrichean tagsaidh

10.1  Licence holder – Christopher Campbell

There had been circulated to members only Report No HLC/047/16 by the Principal Solicitor relating to Christopher Campbell 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, following which the Legal Manager (Regulatory Services), in consultation with the Council’s Depute Chief Executive/Director of Corporate Development, had ordered the immediate suspension of the taxi operator’s licence and taxi driver’s licence.

Mr C Campbell, licence holder and Mr D Mackenzie, Solicitor for the licence holder were both in attendance.

The Committee heard from the licence holder’s Solicitor and from Sergeant Gray.

Following debate, Mrs L MacDonald, seconded by Mr Willie Mackay moved that no action be taken.

The Committee AGREED to take no action.

10.2    Taxi Driver – Colin Brimson

There had been circulated to members only Report No HLC/048/16 by the Principal Solicitor relating to Colin Brimson who is the hold of a taxi driver’s licence.  The Report advised that following a medical examination the Council had been advised that further information would be required from the licence holder’s own GP in order to confirm if he would meet the PSV (Group 2) standard.

Mr Brimson did not attend the meeting but had submitted a letter stating that hewas no longer driving a taxi.

The Committee AGREED to suspend the licence with immediate effect and for its remaining duration.

11.  Antisocial Behaviour etc (Scotland) Act 2004
Private landlord registration – rent penalty notices 
Achd Dol A-mach Mì-shòisealta (Alba) 2004
Clàrachadh Uachdarain Phrìobhaideach – Brathan Càin Màil

There had been circulated to members only Report No HLC/049/16 by the Principal Solicitor in connection with landlords who have failed to register under Part 8 of the Antisocial Behaviour etc (Scotland) Act 2004.  The Committee was invited to authorise the service of rent penalty notices in respect of the properties detailed.

The Committee AGREED to authorise the issue of rent penalty notices to the parties listed in Appendix 1 to the Report (with the exception of Thrumster Estate Ltd).

The meeting closed at 11.10 am.