Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 4 October 2016 at 10.00 am.

Present:

Mr A Duffy, Mr C Fraser (excluding item 11.4), Mr A Henderson (from item 10.1), 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)
Mrs A MacArthur, Administrative Assistant

Also attending:

Sergeant B Gray, Police Scotland
Mr J Williamson, Police Scotland
DC R Mason, Police Scotland
Item 10.3: Mr J Wilson, applicant
Item 11.1: Mr J Steel, applicant
Item 11.3: Mr B Jones, applicant
Item 11.4: Mr P Brooks, applicant

Ms M Smith 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 11.4: Mr A 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 9 August 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/068/16 by the Principal Solicitor detailing licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 27 July to 20 September 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/069/16 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.  Civic Government (Scotland) Act 1982
Applications for a public entertainment licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachd aoigheachd phoblaich

6.1  Premises: Black Isle Country Park, Drumsmittal, North Kessock

There had been circulated Report No HLC/070/16 by the Principal Solicitor relating to an application for a public entertainment licence for a farm park/petting zoo at Black Isle Country Park, Drumsmittal, North Kessock by Ewan Maxwell.  An objection had been received from Environmental Health as detailed in the Report.

The applicant had requested that this item be postponed to the meeting in November 2016.

The Committee AGREED to postpone the hearing until 1 November 2016.

7.  Civic Government (Scotland) Act 1982
Taxi driver’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan dhràibhearan tagsaidh

7.1  Application for taxi driver’s licence – Mohammad Khan

There had been circulated Report No HLC/071/16 by the Principal Solicitor relating to an application which had been received from Mohammad Khan 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 one attempt remaining.  The application required to be determined by 21 October 2016.

The Committee NOTED that this application had been formally withdrawn by the applicant.

7.2  Application for taxi driver’s licence – Nile MacKenzie

There had been circulated Report No HLC/072/16 by the Principal Solicitor relating to an application which had been received from Nile MacKenzie 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 18 October 2016.

The Committee NOTED that this application had been formally withdrawn by the applicant.

8.  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.

9.  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/073/16 by the Principal Solicitor – Regulatory Services in connection with landlords who had failed to register under Part 8 of the Antisocial Behaviour etc (Scotland) Act 2004.  The Committee was asked to authorise the service of Rent Penalty Notices in respect of the properties detailed in the Appendix to the Report.

The Principal Solicitor identified four of the landlords listed in Appendix 1 who had applied for registration since the report had been written.  She confirmed that authority to serve rent penalty notices on these four landlords was no longer sought.

The Committee AGREED to authorise the service of rent penalty notices on the landlords listed in Appendix 1 to the report, under deletion of the four landlords who had applied for registration since the report had been written.

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    Licensed private hire car driver’s licence – John N D Catterall

There had been circulated to members only Report No HLC/074/16 by the Principal Solicitor relating to a private hire car driver’s licence held by John N D Catterall.  A letter had been received advising that Mr Catterall no longer met the requirements for the Group 2 (PSV) standard.

Following discussion, the Committee AGREED to suspend the licence with immediate effect and for its remaining duration and to give delegated power to the Principal Solicitor – Regulatory Services to recall the suspension if, during the period of the suspension, the licence holder submitted confirmation [text removed from web version in compliance with Data Protection Act 1998].

10.2    Application for grant of temporary private hire car driver’s licence – Aaron Shaw

There had been circulated to members only Report No HLC/075/16 by the Principal Solicitor relating to an application which had been received from Aaron Shaw for the grant of a temporary private hire car driver’s licence.  The report advised that a letter of representation had been received from Police Scotland.

Following discussion, the Committee AGREED to grant the licence subject to the standard private hire car driver’s licence conditions.

10.3  Application for grant of temporary private hire car driver’s licence – James Wilson

There had been circulated to members only Report No HLC/076/16 by the Principal Solicitor relating to an application which had been received from James Wilson for the grant of a temporary private hire car driver’s licence.  The Report advised that a letter of representation had been received from Police Scotland.

The Committee heard from the applicant and the Police.

The Committee AGREED to grant the licence subject to standard PHC driver licence conditions.

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 grant of taxi driver’s licence – John W Steel

There had been circulated to members only Report No HLC/077/16 by the Principal Solicitor relating to an application for the grant of a taxi driver’s licence which had been received from Mr John Steel.  Mr Steel had made a declaration on his application which the Principal Solicitor asked members to consider, albeit Police Scotland had made no objection or representation in respect of the application.

The Committee heard from the applicant and the Police.

The Committee AGREED to grant the licence subject to standard taxi driver’s licence conditions.

11.2  Application for grant of taxi driver’s licence – Sajjad Hussain

There had been circulated to members only Report No HLC/078/16 by the Principal Solicitor relating to an application which had been received from Sajjad Hussain for the grant of a taxi driver’s licence.  The Report advised that a letter of objection had been received from Police Scotland.

The Committee heard from the Police.  The applicant did not attend the hearing.

The Committee agreed to REFUSE the application under Paragraph 5(3)(a)(ii) of Schedule 1 to the Civic Government (Scotland) Act 1982 on the ground that the applicant is not a fit and proper person to be the holder of a taxi driver’s licence.

11.3  Application for grant of taxi driver’s licence – Brian Jones

There had been circulated to members only Report No HLC/079/16 by the Principal Solicitor relating to an application which had been received from Brian Jones for the grant of a taxi driver’s licence.  The Report advised that a letter of representation had been received from Police Scotland.

The Committee heard from the Police and the applicant.

Following discussion, the Committee AGREED to grant delegated powers to the Principal Solicitor – Regulatory Services to grant the licence subject to standard taxi driver’s licence conditions if the applicant passed both parts of the knowledge test by 1 February 2017 and to refuse the licence if the applicant has not passed both parts of the knowledge test by that date.

11.4  Application for renewal of a taxi driver’s licence – Philippe Brooks

Mr A Duffy had declared a non-financial interest as he was known to the applicant as a former customer and left the chamber for the duration of the item.

There had been circulated to members only Report No HLC/080/16 by the Principal Solicitor relating to an application which had been received from Philippe Brooks for the renewal of a taxi driver’s licence.  The report advised that a letter of objection had been received from Police Scotland.

[text removed from web version in compliance with Data Protection Act 1998].

The Committee then heard from the applicant and the Police in relation to the licence renewal application itself.

Thereafter, following discussion, the Committee AGREED to grant renewal of the licence subject to standard taxi driver’s licence conditions.

11.5  Application for taxi driver’s licence – Gordon Seaton

There had been circulated to members only Report No HLC/081/16 by the Principal Solicitor relating to an application which had been received from Gordon Seaton for the renewal of a taxi driver’s licence.  The report advised that a report was awaited from [text removed from web version in compliance with Data Protection Act 1998].

The applicant did not attend the hearing.

The Committee AGREED to grant delegated powers to the Principal Solicitor – Regulatory Services to grant renewal of the licence if, by 26 October 2016, the applicant submits [text removed from web version in compliance with Data Protection Act 1998].

The meeting closed at 11.15 am.