Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Wednesday 5 December 2017 at 10.00 am.

Present:

Dr I Cockburn, Mrs J Barclay, Mr J Bruce, Mr G Cruickshank, Mr A Jarvie, Mrs E Knox, Mrs L MacDonald, Mr W Mackay (by VC), 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
Ms A Macrae, Committee Administrator

Also attending:

Sergeant B Gray, Police Scotland
PC J Williamson, Police Scotland

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

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 1 November 2017 which was APPROVED.

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

There had been circulated Report No HLC/067/17 by the Principal Solicitor which detailed all licences which had been granted under delegated powers under the Civic Government (Scotland) Act 1982  granted in the period from 20 October 2017 to 22 November 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/068/17 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 the determination of the applications, either to:

(a) 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) a future meeting of the Committee when the applications will be determined in terms of the Hearings Procedure.

6.  Private Housing (Tenancies) (Scotland) Act 2016 – consequential changes to Council Standards for Houses in Multiple Occupation
Achd Taigheadais Phrìobhaidich (Gabhaltasan) (Alba) 2016 – atharrachaidhean co-lorgach do dh’Inbhean Comhairle airson Taighean ann an Ioma-chòmhnaidh

There had been circulated Report No HLC/069/17 by the Principal Solicitor relating to consequential changes made to the Council Standards for Houses in Multiple Occupation following the introduction of the new “private residential tenancy” on 1 December 2017 under the Private Housing (Tenancies) (Scotland) Act 2016.

The Committee NOTED the introduction of the new private residential tenancy under the Private Housing (Tenancies) (Scotland) Act 2016 and the consequential amendments to the Council’s Standards for HMO to include the statutory terms of these types of tenancy.

7.  Civic Government (Scotland) Act 1982
Applications for taxi driver’s / operator’s licences                   
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson cheadachdan do dhràibhearan / oibrichean tagsaidh

7.1   Application for grant of a taxi driver’s licence – Eddie Nkomesha

There had been circulated Report No HLC/070/17 by the Principal Solicitor relating to an application which had been received from Eddie Nkomesha for the grant of a taxi driver’s licence (Ward 13 - Inverness West).

The Senior Licensing Officer reported that the applicant had now completed the right to work check and submitted a foreign conviction disclosure document. He explained that the Council’s policy in respect of taxi driver’s knowledge test stated that an applicant was permitted a maximum of three attempts. In this case, the applicant had failed the local area test on three occasions

Mr E Nkomesha, applicant, spoke in support of the application during which he advised that he was an experienced driver and had extensive knowledge of the Highlands, having being employed as a driver by a number of major companies operating in the area. He had also been required to undertake a number of driving courses and tests in the course of this employment. He suggested that the Council’s local area test favoured applicants who were indigenous to the local area. In conclusion, he stated that he was a qualified and responsible person to hold a taxi driver’s licence

The Chair expressed concern that the applicant had failed the local area test on three occasions and suggested in terms of the Council’s policy the grant of a licence would create a precedent for future applications. 

Thereafter, the Committee AGREED to DEFER the application until 28 May 2018 to allow the applicant to formally withdraw his application in writing.  Should a withdrawal not be received by 27 May 2018, the Committee AGREED to grant delegated powers to the Principal Solicitor to refuse the application under section 13(5) of the 1982 Act on the grounds that the applicant has failed the local area test on three occasions and has accordingly failed to satisfy the licensing authority that he has adequate knowledge of the area to which the licence would relate.

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 involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.

9.  Civic Government (Scotland) Act 1982
Applications for taxi driver’s / operator’s licences                
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson cheadachdan do dhràibhearan / oibrichean tagsaidh

9.1  Application for renewal of taxi driver’s licence – David Murray

There had been circulated to members only Report No HLC/071/17 by the Principal Solicitor relating to an application which had been received from David Murray for the renewal of his taxi driver’s licence (Ward 13 - Inverness West).

Mr D Murray, applicant spoke in support of his application.

The Committee AGREED to GRANT the application subject to standard conditions on the basis that the applicant was on his final warning [text removed from web version in compliance with Data Protection Act 1998].  

9.2 Application for taxi driver’s licence – Cecil Probert

There had been circulated to members only Report No HLC/072/17 by the Principal Solicitor relating to an application which had been received from Cecil Probert for the grant of a taxi driver’s licence (Ward 10 - Eilean a’ Cheò).

The Principal Solicitor confirmed that the applicant was not in attendance.

The Committee AGREED to REFUSE the application on the grounds that the applicant was unable to meet the required Group 2 (PSV) [text removed from web version in compliance with Data Protection Act 1998].

The meeting closed at 10.23am.