Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 28 March 2017 at 10.00 am.

Present:

Dr I Cockburn, Mr R Greene, Mrs L Macdonald, Mrs G Sinclair, 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
Mrs A MacArthur, Administrative Assistant

Also attending:

Sergeant B Gray, Police Scotland
Item 8.1: Mr D Montgomery and Mr A Smith, applicants
Item 9.1: Ms F Boa, applicant and Ms L Hays, for the applicant
Item 11.3: MD Anumul Hoque Bhuiya, applicant
Item 11.4: Mr S Martin, applicant
Item 13.1: Mr I Ahmed, applicant
Item 14.1: Ms K MacKenzie, applicant’s representative

Dr I Cockburn in the chair

The Chairman confirmed that the meeting would not be webcast due to technical difficulties. 

Business

1.  Apologies for absence
Leisgeulan

Apologies for absence were received from Mr A Duffy, Mr C Fraser, Mr A Henderson, Mr W Mackay and Mr J Rosie.   

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 7 February 2017 which was APPROVED.

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

There had been circulated Report No HLC/013/17 by the Principal Solicitor detailing licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 26 January 2017 to 15 March 2017.

The Committee NOTED the report.

5.  Pending applications – 3 monthly considerations
Iarrtasan ri Thighinn – Beachdachaidhean 3 Mìosach

There had been circulated Report No HLC/014/17 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:

1. 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
2. to a future meeting of the Committee when the applications will be determined in terms of the hearings procedure, or to be determined under such extended delegated powers as may be granted for the period 29 March to 8 June 2017.

6.  Extension of delegated powers
Leudachadh chumhachdan tiomnaichte

There had been circulated Report No HLC/015/17 by the Principal Solicitor inviting the Committee to extend officers’ delegated powers during the period 29 March to 8 June 2017 to ensure that statutory deadlines in the processing of licence applications and suspensions could be met, and to note revised consultation arrangements in respect of notices of public processions received during the immediate post-election period.

The Committee AGREED to extend delegated powers during the period 29 March to 8 June 2017 as requested in the report.

7.  Housing (Scotland) Act 2006
Houses in multiple occupation
Achd an Taigheadais (Alba) 2006
Taighean ann an Ioma-sheilbh

7.1 Houses in multiple occupation (HMO) - standards and conditions

There had been circulated Report No HLC/016/17by the Principal Solicitor relating to proposed amendments to the conditions and standards for houses in multiple occupation.

The Committee AGREED to amend the conditions and standards for houses in multiple occupation as recommended in the report

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: Infinity Trampoline Park, Telford Retail Park, Carsegate Road, Inverness

There had been circulated Report No HLC/017/17 by the Principal Solicitor relating to an application for a public entertainment licence for Infinity Trampoline Park, Telford Retail Park, Carsegate Road, Inverness.  The Report advised that Building Standards had not issued a completion certificate, and that the electrical installation, gas and portable appliance test certificates had not been received. 

The applicant advised that the certification was in progress and would be completely shortly.

In response to a question to the applicant on first aid qualifications, the applicant advised that they had two first aiders on each shift and these were rotated twice a day. 

The Committee agreed to GRANT delegated authority to the Principal Solicitor – Regulatory Services to refuse to grant a licence if, by 27 April 2017, there are outstanding Building Standards issues and/or a satisfactory electrical installation certificate, gas certificate and PAT certificate have not been submitted, but otherwise to grant the licence subject to PEL standard conditions.

8.2  Premises: Portree Community Centre, Camanachd Square, Portree

There had been circulated Report No HLC/018/17 by the Principal Solicitor relating to an application for a public entertainment licence for Portree Community Centre  by Portree Community Centre Committee.  The Report advised that no current periodic electrical inspection report had been received.

The Committee agreed to GRANT delegated authority to the Principal Solicitor – Regulatory Services to refuse to grant a licence if, by 30 April 2017, no satisfactory current electrical inspection report has been submitted, but otherwise to grant the licence subject to standard PEL conditions.

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

9.1  Application for a street trader’s licence – Freya Boa

There had been circulated Report No HLC/019/17 by the Principal Solicitor relating to an application which had been received from Freya Boa for the grant of a street trader’s licence.  In terms of the street traders licensing policy an application received for trading within the Inverness City Centre required to be referred to this Committee. 

Ms Boa spoke to her application detailing her tour guide experience and the route she intended to take with her tour.  Following research, the applicant had been reassured that there was a demand for this type of tour in Inverness and the Tourist Information Office had advised that they often had requests for this kind of tour. 

In response to questions from members, Ms Boa advised:

• that the tour party would be briefed prior to departure on safety and protocol;
• that the specific areas where she would speak had been hand-picked for convenience, so as not to impede the passage of pedestrians or vehicles and for the safety of those taking part in the tour; and
• high visibility vests were a good idea and she would happily take this on board.

The Committee agreed to GRANT the licence subject to standard street trader’s licence conditions.

9.2  Application for a street trader’s licence – Shona Anne-Maree Jones

There had been circulated Report No HLC/020/17 by the Principal Solicitor relating to an application which had been received from Shona Anne-Maree Jones for the grant of a street trader’s licence.  The Report advised that Environmental Health had been unable to pass a vehicle in terms of food hygiene legislation as the applicant had not presented a vehicle for inspection. 

The Committee agreed to GRANT delegated authority to the Principal Solicitor – Regulatory Services to refuse to grant a licence if, by 9 April 2017, the applicant’s vehicle has not passed a vehicle inspection by Environmental Health, but otherwise to grant the licence subject to standard street trader’s conditions.

9.3  Application for a street trader’s licence – George McConnachie

There had been circulated Report No HLC/021/17 by the Principal Solicitor relating to an application which had been received from George McConnachie for the renewal of a street trader’s licence.  At the time the Report had been prepared, the applicant had not presented a vehicle for inspection by Environmental Health.  The Senior Licensing Officer confirmed, however, that the applicant’s vehicle had now been presented for and had passed inspection by Environmental Health.

The Committee AGREED that the application could accordingly be granted under delegated power as the vehicle had now passed inspection.

10.  Housing (Scotland) Act 2006
Applications for house in multiple occupation licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachd thaighean ann an ioma-sheilbh

10.1  Premises – The Royal Hotel, High Street, Dingwall

There had been circulated Report No HLC/022/17 by the Principal Solicitor relating to an application for the renewal of a house in multiple occupation licence from G and M Properties Scotland Ltd in respect of premises at The Royal Hotel, High Street, Dingwall.  The applicant had not complied with Building Standards’ requests to contact them and a site inspection had yet to be arranged.  The applicant had also been advised of remedial works required by Highland Council Environmental Health and as yet had not responded.  Although the Fire Service had not objected, observations had also been made by them.

The Principal Solicitor advised that a letter from the applicant had been received by email the previous day in which the applicant requested a three month extension to the determination of his application.  As the application had to be determined by 1 June 2017 in accordance with the Housing (Scotland) Act 2006 she advised that a three month extension could not be granted.

The Committee AGREED to grant delegated authority to the Principal Solicitor – Regulatory Services (a) to issue the licence only once satisfied that any relevant requirements detailed in paragraph 3.3, 3.4 and 3.5 of the report have been met and any relevant documents and certification submitted and approved, or (b) to refuse the application under section 131 of the Housing (Scotland) Act 2006 if, by 1 June 2017, those requirements have not been met and/or the relevant documents and certification have not been submitted and approved.

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

11.1  Application for taxi driver’s licence – David McKay

There had been circulated Report No HLC/023/17 by the Principal Solicitor relating to an application which had been received from David McKay for the grant of a taxi driver’s licence.  The applicant had failed the taxi driver’s knowledge test. 

The Committee agreed to REFUSE to grant a licence on the ground that the applicant had failed to pass both sections of the knowledge test.

11.2  Application for taxi driver’s licence – Scott Forbes

There had been circulated Report No HLC/024/17 by the Principal Solicitor relating to an application which had been received from Scott Forbes for the grant of a taxi driver’s licence.  The applicant had failed the taxi driver’s knowledge test and had intimated that he wished to withdraw his application  However, written confirmation of the applicant’s withdrawal of the application had as yet not been received.

The Committee agreed to GRANT delegated authority to the Principal Solicitor – Regulatory Services to refuse to grant a licence if, by 20 April 2017, the applicant had not either withdrawn the application or passed both sections of the knowledge test, but otherwise to grant the licence subject to standard taxi driver licence conditions.

11.3    Application for taxi driver’s licence – MD Anamul Hoque Bhuiya

There had been circulated Report No HLC/025/17 by the Principal Solicitor relating to an application which has been received from MD Anamul Hoque Bhuiya for the grant of a taxi driver’s licence.  At the time the Report was prepared, the applicant had failed the taxi driver’s knowledge test on two occasions.  The Senior Licensing Officer advised that the applicant had subsequently sat the knowledge test for a third time and had failed the local area section of the test. 

The Committee agreed to GRANT delegated authority to the Principal Solicitor – Regulatory Services to refuse to grant a licence if, by 2 May 2017, the applicant had not withdrawn the application.

11.4  Application for taxi driver’s licence – Stephen Martin

There had been circulated Report No HLC/026/17 by the Principal Solicitor relating to an application which had been received from Stephen Martin for the grant of a taxi driver’s licence.  The Report advised that Police Scotland had submitted a representation and that the applicant had not passed his taxi driver’s knowledge test within the relevant timescale. 

The Committee agreed to GRANT delegated authority to the Principal Solicitor – Regulatory Services to refuse to grant a licence if, by 29 March 2017, the applicant had not either withdrawn the application or passed both sections of the knowledge test, but otherwise to grant the licence subject to standard taxi driver licence conditions.

12.  Civic Government (Scotland) Act 1982
Private hire car operator licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan dhràibhearan tagsaidh

12.1  Application for private hire car operator’s licence – Donald Ross trading as Skye Conservation

There had been circulated Report No HLC/027/17 by the Principal Solicitor relating to an application which had been received from Donald Ross trading as Skye Conservation for the grant of a private hire car operator’s licence.  The applicant’s vehicle had not as yet been inspected and the required vehicle documents were still awaited for this application.

The Committee agreed to GRANT delegated authority to the Principal Solicitor – Regulatory Services to refuse to grant a licence if, by 17 April 2017, the applicant’s vehicle has not passed a Council inspection and/or proof of insurance for hire and reward, the V5 registration document and an MOT certificate (if required) for the vehicle have not been produced, but otherwise to grant the licence subject to standard private hire car operator’s licence conditions.

13.  Civic Government (Scotland) Act 1982
Taxi operator’s licence
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan oibrichean tagsaidh

13.1  Application for taxi operator’s licence – Imran Ahmed

There had been circulated Report No HLC/028/17 by the Principal Solicitor relating to an application which had been received from Imran Ahmed for the grant of a taxi operator’s licence.  The applicant had failed to submit the relevant vehicle documentation and had failed to attend for his vehicle inspection appointment on 23 February 2017.  

The applicant advised that his documentation had lapsed while he was out of the country on holiday.  He had been sent a further appointment for his vehicle inspection. 

The Committee agreed to GRANT delegated authority to the Principal Solicitor – Regulatory Services to refuse to grant a licence if, by 31 May 2017, the applicant’s vehicle had not passed a Council inspection and/or proof of insurance for hire and reward, the V5 registration document and an MOT certificate (if required) for the vehicle have not been produced, but otherwise to grant the licence subject to standard taxi operator’s licence conditions.

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.

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

14.1  Application for a street trader’s licence – Brian Stewart

There had been circulated to members only Report No HLC/029/17 by the Principal Solicitor relating to an application which had been received from Brian Stewart for the grant of a street trader’s licence.  The Report advised that a letter of representation had been submitted by Police Scotland.  The applicant’s representative, Ms Mackenzie, addressed the Committee.  She explained that the applicant was away for two weeks and sent his apologies for his non-attendance.  Ms Mackenzie had no direct knowledge of the matters referred to in the police letter but stressed that these had happened a long time ago.  The applicant and Ms Mackenzie wished to set up in business together. 

Sergeant Gray spoke to the police letter attached to the Report, and gave further details of the incidents in question. 

The Committee agreed to GRANT the licence subject to standard street trader’s licence conditions.

The meeting closed at 10:55 am.