Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Wednesday 2 August 2017 at 10.00 am.

Present:

Mr J Bruce, Dr I Cockburn, Mr G Cruickshank, Mr A Jarvie, Mrs L MacDonald, Mr D Macpherson, Mrs P Munro, Mr K Rosie and Mr C Smith.

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
Mr J Williamson, Police Scotland

Item 7.1: Mr A Jackson, applicant; Mr Rasul, applicant’s agent
Item 8.2: Mr A Tunn, applicant
Item 10.1: Mr J Webb, applicant, Mr G Mann, Solicitor for the applicant
Item 11.1: Mr K Donaldson, 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 W Mackay. 

2.  Declarations of interest
Foillseachaidhean Com-pàirt

Item 6.1: Mr A Jarvie and Mr D Macpherson (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 June 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/042/17 by the Principal Solicitor detailing licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 30 May 2017 to 20 July 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/043/17 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 30 May to 20 July 2017.

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

Mr Andrew Jarvie and Mr Duncan Macpherson both declared a non-financial interest in this item as Directors of High Life Highland and left the room during consideration of this item. 

6.1  Premises: Craig Maclean Leisure Centre, Cromdale Road, Grantown on Spey

There had been circulated Report No HLC/044/17 by the Principal Solicitor relating to an application for the renewal of a public entertainment licence for Craig Maclean Leisure Centre, Cromdale Road, Grantown on Spey by High Life Highland.  The Senior Licensing Officer advised that as the works to upgrade the swimming pool were ongoing and a valid electrical certificate, completion certificate and a certificate of compliance had not yet been received.

Apologies had been received from HLH as they had been unable to attend, but they had indicated that the works were due to be completed by 7 August 2017.

The Committee AGREED to grant delegated authority to the Principal Solicitor to refuse the application if the outstanding issues have not been satisfactorily addressed by 12 September 2017, and otherwise to grant the application subject to standard conditions if these issues are so addressed by that date.

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

7.1  Premises – 15 Kenneth Street, Inverness

There had been circulated Report No HLC/045/17 by the Principal Solicitor relating to an application for the grant of a house in multiple occupation licence from Andy Jackson in respect of premises at 15 Kenneth Street.  The Senior Licensing Officer advised that work had to be carried out to meet Fire Service and Environmental Health Service requirements.  He further advised that the downstairs bathroom would not be used until the ventilation had been approved by the Environmental Health Service.  The bathroom was not required for the house in multiple occupation licence and would therefore remain unused until the ventilation works had been completed. 

Mr A Jackson, the applicant and Mr Rasul, the applicant’s agent were both in attendance.

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

7.2  Premises - Ben View Terrace, Torlundy, Fort William

There had been circulated Report No HLC/046/17 by the Principal Solicitor relating to an application for the grant of a house in multiple occupation licence from Inverlochy Castle Limited in respect of premises at Ben View Terrace, Torlundy, Fort William.  The Senior Licensing Officer advised that a valid Electrical Certificate and PAT Certificate had not yet been received. 

The applicant did not attend.

The Committee AGREED to grant delegated authority to the Principal Solicitor to refuse the application if a satisfactory EICR Inspection Report and a PAT certificate are not produced by 31 August 2017, and otherwise to grant the application subject to standard conditions if satisfactory certificates are so produced by that date.

8.  Civic Government (Scotland) Act 1982
Taxi drivers’ licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan dhràibhearan tagsaidh

8.1  Application for taxi driver’s licence – Grzegorz M Boniek

There had been circulated Report No HLC/047/17 by the Principal Solicitor relating to an application which has been received from Grzegorz Boniek for the grant of a taxi driver’s licence.  The Senior Licensing Officer advised that as Mr Boniek had lived outside the UK for 6 months prior to his application, he was required to produce a criminal record check and this had not been received. 

The applicant did not attend.

The Committee AGREED to (1) grant delegated authority to the Principal Solicitor to refuse the application if the applicant has not produced a satisfactory foreign convictions check by 29 September 2017, (2) grant delegated authority to the Principal Solicitor, in consultation with the Chairman, to refuse the application should a foreign conviction check disclosing convictions be submitted by that date and Police Scotland put in an objection on the basis of the foreign convictions check provided, and (3) to grant the application subject to standard conditions if a satisfactory foreign convictions check is submitted by that date.

As the following item was known to be likely to involve disclosure of exempt information it was taken in private. 

8.2  Application for taxi driver’s licence – Andrew Tunn

There had been circulated Report No HLC/048/17 by the Principal Solicitor relating to an application which has been received from Andrew Tunn for the grant of a taxi driver’s licence.  The Senior Licensing Officer advised that Mr Tunn had yet to complete his taxi driver’s knowledge test. 

The applicant outlined the history surrounding his application and a letter received from the applicant was circulated. 

The Committee AGREED to (1) allow the applicant until the 7 September 2017 to have his third and final attempt to sit and pass the Local Area taxi driver’s knowledge test and (2) grant delegated authority to the Principal Solicitor to refuse the application should the applicant fail the test on his third attempt or fail to attend, but to grant the application should he pass it.

9.  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.

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 – Johns Tattoo Studio, Viewfirth, Main Street, Castletown

There had been circulated to members only Report No HLC/049/17 by the Principal Solicitor relating 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 an objection had been received from Police Scotland.  Additional documents from the applicant which had been  received with his application were circulated to members.

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

Following deliberation, the Committee agreed not to hear details of the spent conviction. 

The Committee then heard from the applicant’s solicitor and the Police in relation to the licence application. 

As the applicant had no references for his previous work, the Committee allowed him to display photographs of his work. 

Following debate, Dr I Cockburn, seconded by Mrs L MacDonald moved that the application be granted. 

Mr D Macpherson, seconded by Mr G Cruickshank, moved as an amendment that the application be refused on the ground that given the applicant’s history [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: (7)

Mr J Bruce, Mr A Jarvie, Dr I Cockburn,   Mrs L MacDonald, Mrs P Munro, Mr K Rosie and Mr C Smith.

For the Amendment: (2)

Mr G Cruickshank and Mr D Macpherson.

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

11.  Civic Government (Scotland) Act 1982
Taxi drivers’ / operators’ 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 – Keiran Donaldson

There had been circulated to members only Report No HLC/050/17 by the Principal Solicitor relating to an application which had been received from Keiran Donaldson for the grant of a taxi driver’s licence.  The Report advised that a representation had been received from Police Scotland. 

Police Scotland referred members to their written representation.  

Mr K Donaldson was in attendance and spoke to his application.

The Committee agreed to GRANT the application subject to standard conditions.

11.2  Licensed taxi driver – Pauline MacLean

There had been circulated to members only Report No HLC/051/17 by the Principal Solicitor relating to Pauline MacLean who is the holder of a taxi driver’s licence.  The Senior Licensing Officer advised that a letter had been received from [text removed from web version in compliance with Data Protection Act 1998].  The Principal Solicitor, with the agreement of the Head of Corporate Governance and the Depute Chief Executive, had thereafter suspended Ms MacLean’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982. 

Ms MacLean did not attend.

The Committee agreed to (1) SUSPEND the licence, with immediate effect and for the unexpired portion of the licence on the grounds of medical unfitness and likely threat to public safety; and (2) grant delegated authority to the Principal Solicitor to recall the suspension, if, during the period of the suspension, the licence holder submits confirmation from her [text removed from web version in compliance with Data Protection Act 1998]

11.3  Licensed taxi driver – Donald MacDonald

There had been circulated to members only Report No HLC/052/17 by the Principal Solicitor relating to Donald MacDonald who is the holder of a taxi driver’s licence (Tain and Easter Ross Ward).  The Report advised that Mr MacDonald had informed the Council of a [text removed from web version in compliance with Data Protection Act 1998].  The Principal Solicitor, with the agreement of the Head of Corporate Governance and the Depute Chief Executive, had thereafter suspended Mr MacDonald’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982. 

Mr MacDonald did not attend.

The Committee agreed to (1) SUSPEND the licence, with immediate effect and for the unexpired portion of the licence on the grounds [text removed from web version in compliance with Data Protection Act 1998]

11.4  Licensed taxi driver – Colin A McIntyre

There had been circulated to members only Report No HLC/053/17 by the Principal Solicitor relating to Colin A McIntyre who is the holder of a taxi driver’s licence.  The Report advised that Mr McIntyre had not submitted a letter from his consultant confirming that he continued to meet the DVLA Group 2 (PSV) [text removed from web version in compliance with Data Protection Act 1998]  The Principal Solicitor, with the agreement of the Head of Corporate Governance and the Depute Chief Executive, had thereafter suspended Mr McIntyre’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982. 

Mr McIntyre did not attend.

The Committee agreed to (1) SUSPEND the licence, with immediate effect and for the unexpired portion of the licence, on the grounds that, in the absence of the required annual report from the licence holder’s [text removed from web version in compliance with Data Protection Act 1998]

The meeting closed at 11.55 am.