Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 9 June 2017 at 10.00 am.

Present:

Mrs J Barclay, Mr J Bruce, Dr I Cockburn, Mr A Jarvie, Ms E Knox (excluding Items 1 – 8.1), Mrs L MacDonald, Mr W Mackay (By Video Conference) (excluding items 9.1 – 18.1), Mr D Macpherson (excluding Item 9.1) and Mrs P Munro.

In attendance:

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

Also attending:

Sergeant R Ross, Police Scotland
DC R MacDonald, Police Scotland
Mr J Williamson, Police Scotland

Item 8.1: Mrs J O’Neill, applicant, Ms K Shepherd, applicant’s business partner and Ms C Armstrong, applicant’s supporter
Mr R Ormiston, Prof B Robertson, objectors
Item 9.1: Mr R Donaldson, manager for the applicant
Mrs J Pumford, Trustee for Inshes Park, Inshes, Inverness, objector
Mr Bob Roberts, Inverness South Community Council, objector
Item 10.1: Mr K Harila, applicant, and Ms L Robertson, for the applicant
Mr W Lathan and Miss C Black, objectors
Item 14.1: Mr I Cahill, Solicitor; Mr G Wright, licence holder and his partner Mrs D Right
Item 15.1: Mr J Carling, applicant
Item 16.1: Mr J Elder, applicant
Item 17.1: Mr J Webb, applicant

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 received from Mr K Rosie and Mrs E Knox had submitted her apologies for the start of the meeting.

2.  Declarations of interest
Foillseachaidhean Com-pàirt

Item 9.1: Mr D MacPherson (non-financial)

3.  Appointment of Chair
Suidheachadh de Chathraiche

Nominations were invited for the post of Chair of the Highland Licensing Committee.   Mrs L MacDonald, seconded by Mr D Macpherson nominated Dr I Cockburn as Chair.  There being no amendment Dr Cockburn was duly appointed as Chair.

4.  Appointment of Vice-Chair
Cur lar-Chathraiche an Drechud

Nominations were invited for the post of Vice-Chair of the Highland Licensing Committee.  Mr D Macpherson, seconded by Mrs P Munro nominated Mrs L MacDonald as Vice-Chair.  There being no amendment Mrs MacDonald was duly appointed as Vice-Chair.

5.  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 28 March 2017 which was APPROVED.

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

There had been circulated Report No HLC/030/17 by the Principal Solicitor detailing licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 16 March 2017 to 29 May 2017.

The Committee NOTED the report.

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

There had been circulated Report No HLC/031/17 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.

8.  Riding Establishments Acts 1964 and 1970
Riding establishment licence
Achd nan Ionadan Marcachd 1964 agus 1970
Ceadachd Ionad Marcachd

8.1  Premises – Northwilds riding centre, Fendom, Tain

There had been circulated Report No HLC/032/17 by the Environmental Health Manager which related to an application for renewal of a riding establishment licence from Mrs Jan O’Neill in respect of premises at Northwilds, Fendom, Tain.

Mr A Yates spoke on behalf of the Environmental Health Service and highlighted key issues in the report and the history of Mrs O’Neill’s licence.  The property and animals had been visited by a specialist veterinary inspector, employed by the Council, and her report was included in the papers.  Environmental Health took their advice from the veterinary inspector and also considered the welfare of the animals under the Animal Welfare Act.  In March of this year, the veterinary inspection concluded that the welfare of the horses was significantly improved from the visits in 2016, and the strangles outbreak in August 2016 was now under control.  In March 2017, under delegated powers, a licence for three months was issued with the omission of trail rides.  The inspector’s report stated that she was assured of the standards of management in regard to the riding establishment and recommended that the licence be renewed until the year end subject to the conditions contained in her letter at Appendix 4 of the Report. 

In response to Members’ questions, Mr Yates responded as follows:

• in terms of the Act, the Council employed a specialist vet from the list of Government approved specialist vets who was completely independent; and
• confirmed that his guidance stated that the strangles virus was spread through contact and was not an airborne virus.

The applicant had no questions for the Environmental Health officers.

Mrs J O’Neill, the applicant, then addressed the Committee.  She advised that 2015 had been a difficult year with the relocation of the riding centre.  2016 had also been difficult with the strangles outbreak and she regretted having overstretched herself.  In relation to the strangles virus, theirs was not the only stable to be infected.  On advice from the veterinary inspector, appropriate steps were undertaken to contain the outbreak and the relevant horses.  Mrs K Stephen was now a partner in the business and this had eased the management pressures on the applicant. 

In response to a question from the objectors, Mrs O’Neill responded as follows:

• the objector, Professor Robertson, had called at her premises one day between 08.30 am and 9.15 am and Mrs O’Neill had not been available at that time but there would have been people there if he had introduced himself.

In response to questions from the objectors, Mr Yates responded as follows: 

• the applicant had provided plans of the area and the applicant currently had 30 acres of grazing land with 2 more acres in the process of being fenced and becoming available for horses;
• the specialist vet was content that the area of grazing was adequate for the number of horses on the licence;
• again the specialist vet was content that the electric fencing was adequate;
• the isolation field was separated from neighbouring fields by roads and by two electric fences; and
• the PVG scheme was run by Disclosure Scotland and it was not within the Council remit to ask for this material.

In response to complaint by Professor Robertson as to why the applicant’s written response to the letters of objection had been circulated to Members of the Committee, the Clerk advised that she was legally obliged to circulate all information submitted by both the applicant and objectors to all Members of the Committee to ensure a fair hearing.

In response to questions from Members, the applicant responded as follows:

• she had been overstretched in 2016, following her relocation in 2015, and had attempted to oversee the management of her premises whilst away on trail rides, but she had now taken on a partner to help manage the premises.

The objectors and the applicant then summed up. 

Following discussion, the Committee agreed to GRANT a full licence (subject to additional licence conditions) to operate a limited number of long-distance treks.  This licence will expire on 31 December 2017.

9.  Civic Government (Scotland) Act 1982   
Application for the grant of a late hours catering licence
Achd Riaghaltais Chatharra (Alba) 1982
arrtas airson ceadachd solar uairean anmoch

Mr Duncan Macpherson declared a non-financial interest as he had had previous correspondence with McDonalds Restaurant regarding litter and left the room during determination of this item. 

9.1  Premises – McDonalds Restaurant, Inshes Retail Park, Sir Walter Scott Drive, Inverness

There had been circulated Report No HLC/033/17 by the Principal Solicitor which related to an application for the grant of a late hours catering licence in respect of premises at McDonalds Restaurant, Inshes Retail Park, Sir Walter Scott Drive, Inverness.  The Report detailed twelve letters of objection received in relation to this application.

Mr R Donaldson, Area Manager for Craigton Food Ltd, attended for the applicant who had sent his apologies as he had been unable to attend.

Mr Donaldson then spoke to the application.  He advised that Craigton Foods was a family-run business with several McDonalds franchises, including one in Elgin which was open 24 hours.  The applicant had tried to make contact with the Community Council when he began planning to apply for a late hours catering licence at the Inshes restaurant but they had not responded to his letter.  Concerns over litter had been raised when the Inshes restaurant opened which he and the owner of the premises had taken very seriously,  organising litter patrols at least twice daily to pick up all litter, not just litter from MacDonalds’ customers.  In addition, the owner employed his staff to undertake mass litter clearances in other areas of Inverness twice a year and would be happy to receive details of areas where this could be undertaken.

With regard to concerns over antisocial behaviour, Mr Donaldson confirmed that there had been no issues either in the restaurant or the car park since the Inshes restaurant had opened in October 2016.  There had been no police call-outs to the restaurant.

There was a business case for seeking to operate as a late hours restaurant.  It would provide employment to an additional 15 members of staff and also allow promotion of 2 staff to the management team.

In response to a question from the objectors as to the type of clientele expected to frequent the restaurant within the extended hours proposed, Mr Donaldson advised that it was anticipated that they would mostly be people arriving by car, possibly people returning from the city centre after a night out.  Commercial lorry drivers using the distributor road were also likely to be customers during the late hours sought.

Mr Donaldson further confirmed that, in his experience, the operation of the Elgin restaurant as a 24 hour restaurant had not given rise to any issues.  The applicant would be willing to move the restaurant opening time from 5.00 am to 6.00 am if permitted to open between 11.00 pm and 2.00 am.

In response to a question from Members, Mr Donaldson also confirmed that the end of the current working day, 11.00 pm,  was a peak hour.  If the restaurant were open later, there would not be such a surge of customers around 11.00 pm and business would be spread out over a longer period.  This was the reason for the current application.

The objector, Mrs Pumford, then spoke outlining her objections.  She advised that there were no pubs or clubs in the vicinity of the restaurant so no obvious need for a late hours restaurant in what was primarily a neighbourhood retail park.  She further advised that litter and vandalism had increased since McDonalds had opened there and late hours catering would encourage youths to sit longer.

Mrs Pumford was particularly concerned at the potential for noise nuisance given the proximity of the restaurant to housing.  The overlooking of these residential properties by customers in the restaurant was also of concern.

The applicant’s representative had no questions for the objector but assured Mrs Pumford that McDonalds wanted to be a good neighbour and would do their utmost to address the objector’s concerns.

He stressed that if the applicant would deal with any litter issues if these were drawn to his attention.  With regard to antisocial behaviour, local police had made them aware of problems with anti-social behaviour in the Drakies area and McDonald’s had managed this carefully and did not permit any antisocial behaviour on their premises as it was a family orientated restaurant.  Staff were trained to deal with and manage antisocial behaviour.

With regard to overlooking, Mr Donaldson advised that there were no windows directly overlooking the nearby houses.  In the upstairs section, there was one narrow window with a couch in front of it from which one customer might see the houses if he/she turned around on the couch.  The distance was such that it would not be possible to see into the windows of the houses. All other windows in the upstairs area were along the retail park side of the restaurant.

In addition, Mr Donaldson confirmed that no noise nuisance from cars had been experienced on these premises or indeed in their sister premises in Elgin, but if noise nuisance was experienced the applicant would work with the police to resolve this.  The applicant would also be happy to attend local community council meetings where any issues could be addressed immediately.

During debate, Members’ indicated that their only reservation about the application was the potential for noise nuisance to occur given the late hours sought and the proximity of the premises to residential properties.  In this regard, it was noted that the operating hours had been restricted to 5.00 am to 12 midnight within the Planning consent granted for this premises and that the hours had been so restricted in the interests of residential amenity.  This condition applied to the restaurant, takeaway and drive-thru facilities.

The Committee agreed to REFUSE the application on the grounds that the premises is not suitable for the conduct of late hours catering given its proximity to a residential area, the noise which this activity may generate late at night and the consequent possibility of undue public nuisance.

The applicant was also encouraged to engage with the planning department with a view to seeking removal of the condition restricting opening to 12 midnight before considering re-applying for a late hours catering licence.

10.  Civic Government (Scotland) Act 1982   
Application for the grant of a skin piercing and tattooing licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd tolladh craicinn no tatùthadh

10.1  Premises – 142 Walker Crescent, Inverness

There had been circulated Report No HLC/034/17 by the Principal Solicitor which related to an application for the grant of a skin piercing and tattooing licence by Kjell Harila in respect of premises at 142 Walker Crescent, Inverness.  The Report detailed two letters of objection received in relation to this application.

The Senior Licensing Officer advised that a late letter of representation had been received from the Smithton and Culloden Community Council expressing concerns about the application and asked members if they were minded to consider the letter, though late.  The Community Council’s reason for failing to submit their objection timeously was that they had not been aware of the application until a concerned resident had drawn it to their attention.

Members agreed to accept this as sufficient reason for the lateness of the submission and agreed to consider the letter which was then circulated. 

The applicant spoke to his application.

In response to the objector, the applicant stated that he would have one visitor at a time and they would be in his shed.  The garden was fenced to eye-level so there would be no visible intrusion.  The entry path on the other side of the house could be utilised if it would ease the objectors’ concerns.

Miss Black then outlined the reasons for her objection. 

In response to questions from Members the applicant responded as follows:

• there was an age restriction of 18 years for tattooing;
• customers would attend for a maximum of three hours; the work was customised for each client and involved several consultations followed by detailed work with only one customer at a time, and he would not tattoo for more than three hours in any day;
• each customer pre-booked so there would be no drop-in custom;
• work would only be during weekdays, there would be no evening or weekend working;
• he currently had permission to work in Carsegate Road and would be working between the two locations, and
• there were small signs at the front of the house, on the back gate and on the side of the house.

The Committee agreed to GRANT the application subject to the standard 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 the grant of a taxi driver’s licence – Mariusz Roszak

There had been circulated Report No HLC/035/17 by the Principal Solicitor which related to an application which had been received from Mariusz Roszak for the grant of a taxi driver’s licence.  The Senior Licensing Officer advised that following several attempts to contact the applicant he had failed to make arrangement to sit the taxi knowledge test.  The applicant had also failed to make arrangements to attend for a right to work check and had also failed to produce a foreign criminal record check as was required where the applicant had been born or had resided outside of the UK.  

The applicant did not attend.

The Committee agreed to GRANT DELEGATED POWERS to the Principal Solicitor to refuse the application if the applicant had not passed the taxi driver’s knowledge test and in addition not presented himself for a right to work check or submitted a foreign conviction certificate by 12 July 2017.

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

12.1  Premises: Fitness Suite at North Coast Leisure Centre, Munro Place, Bettyhill

There had been circulated Report No HLC/036/17 by the Principal Solicitor which related to an application for a public entertainment licence for Fitness Suite at North Coast Leisure Centre, Munro Place, Bettyhill lodged by Tongue and Farr Sports Association.  The Senior Licensing Officer advised that the applicant had now supplied the outstanding electrical certificate but that this had been deemed unsatisfactory. 

The applicant did not attend.

The Committee agreed to GRANT the application subject to a condition prohibiting the operation of the premises as a place of public entertainment until a satisfactory electrical certificate had been received and approved by the Council.

13.  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
Taxi Driver’s / Operator’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Dhràibhearan / Oibrichean Tagsaidh

14.1  Licence holder – Gerard Wright

There had been circulated to members only Report No HLC/037/17 by the Principal Solicitor which related to Gerard Wright who is the holder of a taxi driver’s licence and two taxi operator’s licences.  Police Scotland had requested suspension of these licences under paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982.  A letter of objection had been received from Police Scotland seeking immediate suspension of all the licence holder’s licences under Paragraph 12(1) of Schedule 1 of the Act.  Police Scotland had also sought full suspension of this licence under Paragraphs 11(2)(a) and 11(2)(c) of the Act.  The Principal Solicitor, in consultation with the Depute Chief Executive/Director of Corporate Development, had written to Mr Wright to advise him that his driver’s licence and two taxi operator licences had been suspended with immediate effect on the ground that, for the reasons set out in the Police Scotland letter, the carrying on of the licensed activity, was causing or was likely to cause a serious threat to public order or public safety. 

The Committee heard from Sergeant Ross and DC MacDonald.

Mr Cahill, the applicant’ solicitor then outlined the details of the incident and the circumstances surrounding the suspension, answering questions from the Police and Members. 

Following discussion, the Committee agreed NOT TO SUSPEND OR REVOKE the licence holder’s taxi driver’s licence or either of his two taxi operator’s licences under paragraph 11 of Schedule 1 to the 1982 Act.

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15.  Civic Government (Scotland) Act 1982   
Second hand vehicle dealer’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson caochladh air ceadachdan luchd-malairt ath-làimhe

15.1  Applicant: Jason Carling

There had been circulated to members only Report No HLC/038/17 by the Principal Solicitor which related to an application for a second hand vehicle dealer’s licence for Firthview, Easter Clunes, Moniack Bridge, Kirkhill, Inverness lodged by Jason Carling.  The report advised that a letter of objection had been received from Police Scotland. 

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

Mrs J Barclay, seconded by Mrs P Munro, moved that the application be granted.

Mr A Jarvie, seconded by Mrs E Knox, moved as an amendment that the application be refused on the ground [text removed from web version in compliance with Data Protection Act 1998] he was not a fit and proper person to be the holder of the licence applied for. 

On a vote being taken, votes were cast as follows:-

For the Motion: (4)

Mrs J Barclay, Dr I Cockburn, Mrs L MacDonald and Mrs P Munro.

For the Amendment: (4)

Mr J Bruce, Mr A Jarvie, Mrs E Knox and Mr D MacPherson.

On an equality of votes between the motion and the amendment the Chairman cast his second and determining vote in favour of the motion.  The motion to approve therefore became the finding of the meeting and the Committee agreed to GRANT the application subject to the standard conditions.

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

16.1  Application for a street trader employee licence – Justin Elder

There had been circulated to members only Report No HLC/039/17 by the Principal Solicitor which related to an application which has been received from Justin Elder for the grant of a street trader employee licence.  The report advised that a letter of objection had been received from Police Scotland. 

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Mrs L MacDonald, seconded by Mrs J Barclay, moved as an amendment that the application be granted.

On a vote being taken, votes were cast as follows:-

For the Motion: (2)

Mr D Macpherson and Mrs E Knox.

For the Amendment: (6)

Mrs J Barclay, Mr J Bruce, Dr I Cockburn, Mr A Jarvie, Mrs L MacDonald and Mrs P Munro.

The amendment became the finding of the meeting and the Committee agreed to GRANT the application subject to the standard conditions.

17.  Civic Government (Scotland) Act 1982   
Application for the grant of a skin piercing and tattooing licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd tolladh craicinn no tatùthadh

17.1  Premises – Johns Tattoo Studio, Viewfirth, Main Street, Castletown

There had been circulated to members only Report No HLC/040/17 by the Principal Solicitor which related to an application for the grant of a skin piercing and tattooing licence by John Webb in respect of premises at Johns Tattoo Studio, Viewfirth, Main Street, Castletown.  The report advised that a letter of objection had been received from Police Scotland.  

The Senior Licensing Officer advised that the applicant’s solicitor had been unable to attend or obtain instructions in time for the 9 June 2017 meeting and had asked that the application be deferred to the Committee meeting on the 2 August 2017.  

The Committee agreed to DEFER the determination of the application to the next Licensing Committee (2 August 2017) to allow the applicant to consult with his solicitor.

18.  Antisocial Behaviour etc (Scotland) Act 2004
Private landlord registration
Achd Dol A-mach Mì-shòisealta (Alba) 2004
Clàrachadh Uachdarain Phrìobhaideach

18.1  Application for private landlord registration – Elizabeth Taylor

There had been circulated to members only Report No HLC/041/17 by the Principal Solicitor which related to an application which had been received from Elizabeth Taylor for inclusion in the register of private landlords.  The Report advised that Police Scotland had submitted a letter of observation in relation to this application.

The Committee agreed to GRANT the application. 

The meeting closed at 4.05 pm.