Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 14 June 2016 at 10.00am.

Present:

Dr I Cockburn, Mr A Duffy, Mr C Fraser, Mrs L Macdonald (except items 6.1, 11.1 and 12.1), 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 A Yates, Environmental Health Manager
Mr J Murray, Senior Environmental Health Officer
Mr B Murdoch, Environmental Health Officer
Ms A Macrae, Committee Administrator

Also attending:

Inspector M Middlehurst, Police Scotland
PC R Ross, Police Scotland
PC J Williamson, Police Scotland

Also in Attendance:

Item 6.1: Mr and Mrs D Sharman, applicants and Ms D McGeever, objector
Item 7.1: Mr C Bain, applicant
Item 8.2: Mr A Thorogood, applicant
Item 9.1: Ms K Scobie, and Ms F Macrae, licence holders
Item 11.1: Mr N Gallagher, applicant

Dr I Cockburn in the chair

The Chairman 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 R Greene, Mr A Henderson, Mr W MacKay, Mrs G Sinclair, and Ms M Smith.

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 10 May 2016 which was APPROVED.

4.  Licences granted under delegated powers
Ceadachdan a Bhuilicheadh fo Ughdarras air a Thiomnadh

There had been circulated Report No HLC/050/16 by the Principal Solicitor detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 27 April to 31 May 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/051/16 by the Principal Solicitor relating to applications which were 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.  Application for grant of a licence under the Riding Establishments Acts 1964 and 1970
6.1 Premises: Glenancross Farm, Morar 

There had been circulated Report No HLC/052/16 by the Senior Environmental Health Officer relating to an application under the Riding Establishments Acts 1964 and 1970. The report advised that no objections had been received from the statutory consultees to date and that a response from Environmental Health was pending.  The specialist veterinary surgeon had also confirmed she no objections to the grant of a licence, and a copy of her response was attached as an appendix to the report and had been circulated to all parties.

The Principal Solicitor confirmed that one objection in response to the application had been received from Mrs McGeever who was in attendance at the meeting.

The Senior Environmental Health Officer reported that he had visited the premises along with the specialist veterinary surgeon on 12 May 2016 and confirmed that he had no objections to the application, the primary focus being on the care and welfare of the horses. In regard to the objection received he advised that the issues raisded had been resolved given that the access through Donald Row, Morar had been fenced and gated off and was not intended to be used as the access for premises. The applicant had also confirmed that an alternative access to Camusdarach Beach would be used so as to avoid using the public right of way.

With regard to staff competency he outlined the training courses undertaken and qualifications gained by the staff to date.  These were considered satisfactory.

Mr D Sharman, applicant then spoke in support of the application.  He advised that the riding establishment would generate local employment and provide additional leisure activities for visitors to the area.  It had been an oversight on his part not to have applied for planning permission for the stables which had been constructed on site and he confirmed this situation had now been remedied.

Mrs McGeever then spoke in relation to her objection.  She expressed concern with regard to the access arrangements to the premises through a private road at Donald Row. She explained that the route was essentially a narrow cul-de-sac serving three private properties and was meant to be used by the applicants as an access for agricultural purposes only.  She suggested this did not cover its use as an access for recreational and leisure activities in connection with the riding establishment. The road was also used by other vehicles, members of the public and by local residents including children, all of which raised health and safety concerns in regard to its use by horses, particularly where novice riders were involved.

Thereafter, the Senior Environmental Health Officer advised that an e-mail dated 10 June 2016 had been received from the applicants confirming that the access through Donald Row had been closed off, a large gate reinstated and signage erected stating no access.

In response to the Chairman, Mr Sharman confirmed that the above access would not be used for the purposes of the riding establishment either by horses or for vehicular access.

In discussion it was suggested by members that given the confirmation provided by the applicant with regard to the access arrangements, there were no grounds for refusal and therefore the application should be granted.

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

7.  Civic Government (Scotland) Act 1982
Applications for a public entertainment licence
Achd riaghaltais chatharra (Alba) 1982
Iarrtasan airson ceadachd aoigheachd phoblaich

7.1       Premises: Aviemore Kart Raceway, Granish, Aviemore

There had been circulated Report No HLC/053/16 by the Principal Solicitor relating to an application for a public entertainment licence for Aviemore Kart Raceway, Granish, Aviemore by Aviemore Kart Raceway Ltd.

The Senior Licensing Officer advised that the premises were a new build and still under construction. The Council’s Building Standards and Environmental Health Services had advised that until the building was fully complete and they had an opportunity to inspect the same they could not sign off the licence application. He indicated that the electrical and public liability insurance certificate also required to be submitted by the applicant for approval by the Council.

The Environmental Health Officer reported that he had visited the premises the previous week and advised that the building was near completion. In terms of health and safety there were no health and safety issues other than some minor works which required attention, details of which he provided to the Committee.

Thereafter, Mr C Bain, applicant advised that the electrical certificate had now been issued and it was hoped that the premises would be complete within the next 2/3 weeks and open for business by the school holidays.

The Committee AGREED to grant the application subject to standard public entertainment licensing conditions but also subject to the following additional suspensive condition:

That none of the licensed activities commence at the premises until

(a) Environmental Health Services and Building Standards have confirmed and agreed in writing that the premises has met the required standards, and

(b) the applicant has submitted the electrical and insurance certificates for the premises and these have been approved by the Council.

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 – David Benson

There had been circulated Report No HLC/054/16 by the Principal Solicitor relating to an application which had been received from David Benson for the grant of a taxi driver’s licence. The report advised that the applicant had yet to pass the taxi driver’s knowledge test and had two attempts remaining.  The application required to be determined by 1 August 2016.

The Senior Licensing Officer explained that on the applicant’s first attempt at the test on 27 May 2016 he had received 76% on the general knowledge section and 74% on the local test. The pass mark for both tests was 85%. The applicant had been invited to sit his next attempt but had yet to arrange a booking.

Thereafter, the Committee AGREED that the application be refused under delegated powers if the applicant did not pass either of the remaining two attempts at the knowledge test by 1 August 2016.

8.2  Application for taxi driver’s licence – Andrew Thorogood

There had been circulated Report No HLC/055/16 by the Principal Solicitor relating to an application which had been received from Andrew Thorogood  for the grant of a taxi driver’s Licence. The report advised that the applicant had passed the local area section of the test on his first attempt but had failed the Highland section on each of his three attempts.

Mr A Thorogood, applicant spoke in support of his application.  He advised that his intention was to operate as a taxi driver at weekends and primarily in the local area in and around Nairn and Inverness.

In response to questions the Senior Licensing Officer advised that if the Committee refused the application then in terms of the Act the applicant could not reapply for the same licence for a period of 12 months.  However there was the option for the applicant to withdraw his application with immediate effect on the basis this would entitle him to reapply for a licence at any time, albeit he would be required to pay a further application fee.

During discussion, Members raised the following points:-

• it was suggested that on the basis the applicant had passed the local test and failed the Highland test by only a small margin and had confirmed he intended to operate primarily in the local area, that an element of leeway be allowed in this case and the licence be granted;
• concern at the precedent that would be established if the application was granted given that the Committee had previously approved a pass mark of 85% and had refused applications in the past where this mark had not been achieved; and
• the possibility of the Committee considering at a later stage whether it wished to review the pass mark for both tests.

Thereafter, and on hearing from the Chairman with regard to the fact the majority of members were indicating that they were minded to refuse the application, the applicant confirmed that he would voluntarily withdraw his application.

During further discussion, the potential for review of the pass mark for the taxi knowledge test was raised.  A query as to whether the local test paper was kept up to date was also raised.  In response to the latter point an assurance was provided that the local section of the test was reviewed on a regular basis to ensure it was up to date.

The Chair suggested that the taxi knowledge test should be an item for discussion at the next meeting between the Council and the taxi trade.

Thereafter, the Committee NOTED that the applicant would voluntarily withdraw his application.

9.  Civic Government (Scotland) Act 1982
Street traders licence
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Luchd-malairt Sràide

9.1  Street trader’s licence – Kirsty Scobie 
Street trader employee licence – Fenella Macrae

There had been circulated Report No HLC/056/16 by the Principal Solicitor relating to Kirsty Scobie who was the holder of a street trader’s licence and her employee Fenella Macrae who was the holder of a street trader employee licence.

The Principal Solicitor reported that the licence holders had indicated their wish to approach the Assessor to explore the possibility of their street trader’s unit being entered on the valuation roll for the site they currently occupied at West Argyle Street, Ullapool. She advised that if entered on the valuation roll they would be subject to normal business rates and would be exempt from the requirement to hold a street trader’s licence for that particular location.

The Principal Solicitor advised that in view of the above the licence holders had requested that the hearing be continued to the next meeting on 9 August 2016 to allow them to approach the Assessor in this regard. She advised that if in the interim the premises were entered onto the valuation roll and the licence holders were exempt from street trader licensing at that site, then the hearings would be cancelled and the Committee notified accordingly.

The Committee AGREED to continue the hearings to allow both the licensed street trader and licensed street trader (employee) to approach the Assessor to discuss the possibility of being entered onto the valuation roll and paying business rates for their mobile trailer to allow them to continue trading from the same site at West Argyle Street, Ullapool (for which they have planning permission to site the trailer) without the need for a street trader’s licence for that site, whilst still allowing them to operate under a mobile street trader’s licence if they wished to trade elsewhere in Highland.

10.  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.

11.  Civic Government (Scotland) Act 1982
Street traders licence
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Luchd-malairt Sràide

11.1  Application for a street trader’s licence – Nicholas Gallagher

There had been circulated Report No HLC/057/16 by the Principal Solicitor relating to an application which had been received from Nicholas Gallagher for the grant of a street trader’s licence.

The Committee heard from Mr N Gallagher in relation to the application.

The Committee AGREED to grant the application subject to satisfactory responses from Environmental Health and Community Services (Roads) and subject to the standard street traders licence conditions.

12.   Civic Government (Scotland) Act 1982
Zoo licence
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachd Sùtha

12.1    Zoo Licence – Black Isle Wildlife Park

There had been circulated Report No HLC/058/16 by the Environmental Health Manager relating to the zoo licence for the Black Isle Wildlife Park.

On hearing from the Principal Solicitor, the Committee AGREED to continue the hearing to allow the licence holders’ solicitor to consult with them and seek full instructions.  It was agreed that a special meeting of the Committee would be convened as soon as practically possible to hold the continued hearing, given officers’ and members’ concerns over the animal welfare issues in relation to this case.

The meeting closed at 11.50am.