Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 9 August 2016 at 10.00 am.

Present:

Dr I Cockburn, Mr A Duffy, Mr C Fraser, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Mr W MacKay (by video conference from Wick), Mrs G Sinclair, Ms M Smith, Mr J Stone (excluding Items 1 – 5 and Item 9.1) and Mr H Wood (excluding Item 7.1).

In attendance:

Ms S Blease, Principal Solicitor (Regulatory Services)
Miss C McArthur, Solicitor (Regulatory Services)
Mr M Elsey, Senior Licensing Officer
Mr C Ratter, Environmental Health Officer
Mrs A MacArthur, Administrative Assistant

Also attending:

Sergeant B Gray, Police Scotland
PC J Williamson, Police Scotland

Also in Attendance:

Item 6.1: Mr A Mohammed, applicant, Mr M Smith, objector’s representative, Ms K Ashbolt, objector’s solicitor
Item 6.2: Mr D MacIver and Ms C Wood, applicants|
Item 7.1: Mr G Reynolds, Events Manager

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

There were no apologies for absence.

2.  Declarations of interest
Foillseachaidhean Com-pàirt

Item 7.1: Mr H Wood (non-financial)

3.  Confirmation of minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as correct records:

1. the minute of the meeting of the Committee held on 14 June 2016; and
2. the minute of the meeting of the Committee held on 22 June 2016

which were both APPROVED.

Arising from the minutes, the Principal Solicitor reported as follows.

In relation to Item 9.1 of 14 June 2016 which related to a continued hearing in respect of an existing a street trader’s licence held by Kirsty Scobie and a street trader employee licence held by Fenella Macrae for a premises known as the Seafood Shack, the applicants had subsequently applied to the Assessor to have the premises entered on the valuation roll at the site at West Argyle Street, Ullapool so that they could trade there without the need for a street trader’s licence.  The Assessor’s office had confirmed to the Principal Solicitor that entry on the valuation roll was in progress.  On that basis, the Principal Solicitor had cancelled the continued hearing.

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

There had been circulated Report No HLC/059/16 by the Principal Solicitor detailing licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 1 June to 26 July 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/060/16 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.  Housing (Scotland) Act 2006
Applications for house in multiple occupation licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachd thaighean ann an ioma-sheilbh

6.1  Premises – 23a High Street, Inverness

There had been circulated Report No HLC/061/16 by the Principal Solicitor relating to an application for a house in multiple occupation licence from Ali Mohamed in respect of premises at 23a High Street, Inverness.  The report advised that a letter of objection had been received from Messrs MacLeod and MacCallum, Solicitors on behalf of Inverness BID Limited.  The letter of objection, a printout of Tripadvisor comments submitted with the letter and the planning appeal decision referred to in the letter had been attached to the report.

The Committee then heard from Mr Mohammed.  Mr Mohammed replied to a question from Members as to how he could explain the unfavourable comments on Tripadvisor by stating that comments on Tripadvisor could have been added by anyone.

The Principal Solicitor advised that having checked Tripadvisor herself, she could confirm that the latest of the comments in the Tripadvisor printout submitted by the objector had been from September 2015.  Since then the property had been revamped and now had a number of favourable reviews on Tripadvisor.

Members queried the maintenance regime in particular the refuse store and Mr Mohammed confirmed that he had allocated an internal area for the storage of refuse.  Mr Mohammed would manage the property himself and he would have someone resident on the premises in a full-time capacity. 

In answer to a question from the objector’s solicitor, Mr Mohammed stated that he had been unwell for a period of time which had led to the deterioration in the property.  He had now recovered and was more than competent to manage the HMO.

Ms K Ashbolt then spoke on behalf of the objection, stressing concerns over how the premises had previously been operated and concerns at its impact on the city centre which BID were trying to promote.

The Committee then AGREED to grant the application subject to standard conditions and the following additional conditions.

• No occupation of the premises as an HMO may take place until a public liability insurance certificate for the operation of the premises as an HMO has been submitted to, and confirmed as satisfactory by, The Highland Council.
• No occupation of the premises as an HMO may take place until access to the attic rooms of the premises has been blocked off to the satisfaction of The Highland Council’s Building Standards Service.

• During any occupation of the premises, whether as a hostel or as an HMO, a member of staff must be resident at all times.
• Notwithstanding the terms of any planning permission for use of the premises as an HMO with ancillary use as a hostel, in order to ensure that residents of the HMO at all times have adequate kitchen facilities, the maximum number of persons residing in the premises as their only or main residence (ie as HMO residents) combined with the number of persons residing in the premises as short term hostel guests shall not exceed 20 at any time.

6.2  Premises – 39 High Street, Inverness

There had been circulated Report No HLC/062/16 by the Principal Solicitor relating to an application for a house in multiple occupation licence from MacIver Properties in respect of premises at 39 High Street, Inverness.  The report advised that two letters of objection had been received.

The Committee heard from the applicants.

Following discussion, the Committee AGREED to grant the application subject to 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: Hogmanay Event, Northern Meeting Park, Ardross Street, Inverness

Declaration of Interest - Mr H Wood declared a non-financial interest as he was a member of the Events Committee for the Highland Games and left the chamber for the duration of the item.

There had been circulated Report No HLC/063/16 by the Principal Solicitor relating to an application for a public entertainment licence for a Hogmanay Event at Northern Meeting Park, Ardross Street, Inverness by Highland Council.  A notice of application had been displayed at the venue and no objections had been received.

The Committee AGREED to grant the application subject to standard conditions and a condition prohibiting the public entertainment activity from taking place until all agencies and services have signed off the event management plan and all relevant plans, certification and information have been submitted and confirmed to be satisfactory.

7.2  Premises: Inverness Royal Academy Sports Centre, Culduthel Road, Inverness.

There had been circulated Report No HLC/064/16 by the Principal Solicitor relating to an application for a public entertainment licence in respect of Inverness Royal Academy Sports Centre, Culduthel Road, Inverness by High Life Highland.  The Report advised that a response was still awaited from Community Services (Roads).  Building Services had advised that they had no objection to the application subject to a completion acceptance certificate or temporary occupation/use certificate being issued.

The Committee NOTED that the only objection received had subsequently been withdrawn and that the licence would accordingly be granted under delegated powers.

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

8.1  Application for a street trader’s licence – Zsolt Csipkes

There had been circulated Report No HLC/065/16 by the Principal Solicitor relating to an application which has been received from Zsolt Csipkes for the grant of a street trader’s licence.  The report stated that the Environmental Health Service had advised that they would require the applicant to submit a satisfactory electrical safety certificate.  Community Services (Roads) had advised that they would not be prepared to consent to the applicant trading in Inglis Street or High Street following problems encountered when the Continental Market was last in Inverness.

The Committee AGREED to grant the application to operate as a mobile street trader in Highland, subject to standard conditions including the standard condition excluding trading within the Inverness City Centre “exclusion zone”, but with the exception of the site in the Eastgate area of Inverness City Centre identified on the location map submitted by the applicant, subject to any trading from this site having the prior approval of The Highland Council’s Community Services (Roads) Service.

9.  The Breeding of Dogs Act 1973

9.1  Application for grant of dog breeder licence

There had been circulated Report No HLC/066/16 by the Environmental Health Officer relating to an application which has been received from Anne Duncan for the grant of a dog breeding licence.  The report advised that following an enforcement visit by officers, the applicant had been advised to apply for the grant of a licence to operate a dog breeding establishment at her address.

The applicant did not attend but had submitted an email in support of her application and this was circulated.

The Environmental Health Officer spoke to his report.

The Committee AGREED to refuse the application for the reasons set out in paragraph 6 of the report.

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

11.1  Application for taxi driver’s licence – Sajjad Hussain

There had been circulated to members only Report No HLC/067/16 by the Principal Solicitor relating to an application which has been received from Sajjad Hussain for the grant of a taxi driver’s licence.  The report advised that an objection had been received from Police Scotland.

The Committee AGREED to defer consideration of the application until the 4 October Committee at the applicant’s request.

The meeting closed at 11.10 am.