Agendas, reports and minutes

A meeting of the Highland Licensing Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 3 October 2017 at 10.00 am.

You are invited to attend and a note of the business to be considered is attached.

Webcast notice:  This meeting will be filmed and broadcast over the internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

Members are reminded that during determination of licensing Items, in order to be entitled to participate in any vote, Members must be present throughout all of the proceedings.

Members are further reminded that mobile devices, including mobile phones, can be used for following the agenda/reports and delivering speeches but should not be used for any form of communication (text or tweet) during the meeting.

Yours faithfully

Susan Blease, Principal Solicitor – Regulatory Services
(for Depute Chief Executive/Director of Corporate Development)

Business

(Chair – Dr I Cockburn)

1.  Apologies for absence
Leisgeulan

2.  Declarations of interest
Foillseachaidhean Com-pàirt

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting.  Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from officers prior to the meeting taking place.

3.  Confirmation of minutes
Dearbhadh a’ Gheàrr-chunntais

There is submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Committee held on 2 August 2017.

4.  Licences granted under delegated powers
Ceadachdan a bhuilicheadh fo ùghdarras air a thiomnadh

There is circulated Report No HLC/054/17  by the Principal Solicitor which details all licences which have been granted under delegated powers under the Civic Government (Scotland) Act 1982 granted in the period from 21 July 2017 to 20 September 2017.

The Committee is invited to note the Report.

5.  Pending applications – 3 monthly considerations
Iarrtasan ri thighinn – beachdachaidhean 3 mìosach

There is circulated Report No HLC/055/17 by the Principal Solicitor relating to applications which are currently pending for the grant or renewal of licences under the Civic Government (Scotland) Act 1982.

The Report recommends that the Committee agree to defer the 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.

6.  Houses in multiple occupation – need and supply assessment 2017
Taighean ann an Ioma-sheilbh – measadh feumalachd is solair 2017

There is circulated Report No HLC/056/17 by the Principal Solicitor inviting the Committee to consider an updated assessment of the need for and supply of houses in multiple occupation (“HMO”) in Highland undertaken in 2017 by Community Services.

The Committee is invited to agree to maintain its position that no application for an HMO licence will be refused on the ground of overprovision under section 131A of the Housing (Scotland) Act 2006, there being no evidential basis on which to refuse on this ground.

The Committee is further invited to agree that this be subject to a further review in five years.

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: Charleston Academy Community Complex, Kinmylies, Inverness

There is circulated Report No HLC/057/17 by the Principal Solicitor relating to an application for a public entertainment licence for Charleston Academy Community Complex. (Inverness West Ward).

The Committee is invited to determine this matter in accordance with the Council’s hearings procedure.

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 – Wendy Ford

There is circulated Report No HLC/058/17 by the Principal Solicitor relating to an application which has been received from Wendy Ford for the grant of a street trader’s licence (Inverness Central Ward).

The Committee is invited to determine this matter in accordance with the Council’s hearings procedure.

9.  Civic Government (Scotland) Act 1982    
Application for variation of a late hours catering licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson atharrachadh a thaobh ceadachd sholarachd uairean anmoch

9.1  Premises – MacKinnons of Speyside, Library East Mall, 1-2 Grampian Road, Aviemore

There is circulated Report No HLC/059/17 by the Principal Solicitor relating to an application for variation of a late hours catering licence in respect of premises at Mackinnons of Speyside, Library East Mall, 1-2 Grampian Road, Aviemore (Badenoch and Strathspey Ward).

The Committee is invited to determine the matter in accordance with the Council’s hearings procedure.

10.  The Committee is asked to resolve 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 involve the likely disclosure of exempt information as defined in Paragraph 3 and Paragraph 13 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  Licensed taxi driver – Philippe Brooks

There is circulated to members only Report No HLC/060/17 by the Principal Solicitor relating to Philippe Brooks who is the holder of a taxi driver’s licence (Badenoch and Strathspey Ward).

The Committee is invited to determine the matter in accordance with the Council’s hearings procedure.

11.2  Licensed taxi driver – Thomas Russell

There is circulated to members only Report No HLC/061/17 by the Principal Solicitor relating to Thomas Russell who is the holder of a taxi driver’s licence (Thurso and Northwest Caithness Ward).

The Committee is invited to determine this application in accordance with the Council’s hearings procedure.

12.  Civic Government (Scotland) Act 1982
Application for metal dealer’s licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Ceadachd Neach-malairt Meatailt

12.1  Application for a metal dealer’s licence – Unit 6, 23 Harbour Road, Inverness.

There is circulated to members only Report No HLC/062/17 by the Principal Solicitor relating to an application which has been received from Ness Metal Merchants for the grant of a metal dealer’s licence (Inverness Millburn Ward).

The Committee is invited to determine this application in accordance with the Council’s hearings procedure.

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

13.1 Public entertainment licence suspension hearing

There is circulated Report No HLC/063/17 by the Principal Solicitor relating to a public entertainment licence.

The Committee is invited to determine this matter in accordance with the Council’s hearings procedure.

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

14.1  Rent suspension orders in respect of unlicensed houses in multiple occupation

There is circulated Report No HLC/064/17 by the Principal Solicitor relating to unlicensed houses in multiple occupation. 

The Committee is invited to determine this matter in accordance with the Council’s hearings procedure.