Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 6 February 2018 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, 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)
Mrs A MacArthur, Administrative Assistant
Mr M Elsey, Senior Licensing Officer

Also attending:

Sergeant B Gray, Police Scotland
Item 8.1 – Mr M. Afif, applicant, and Mr K MacLeod, solicitor
Item 11.1 – Mr R Cook, applicant
Item 12.1 – Mr V Cacicovschi, applicant, and Mr D MacKenzie, solicitor

The Chairman confirmed that the meeting would be webcast and gave a short briefing on the Council’s webcasting procedure and protocol.

Items were taken in the following order:- Items 1 – 7.1, then Item 9.1 – 10, then part of Item 12.1 and 11.1, the continuation of 12.1 and finally item 8.1.   For the purpose of this minute, items have been kept in their original agenda order for ease of reference. 

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 12 January 2018 which was APPROVED.

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

There had been circulated Report No HLC/006/18 by the Principal Solicitor which detailed all Licences which had been granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 13 December 2017 to 24 January 2018.

The Committee NOTED the report.

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

There had been circulated Report No HLC/007/18 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.  Response to consultation on proposal to exempt travelling funfairs from public entertainment licensing and create a new licensing system for travelling funfairs in Scotland

There had been circulated Report No HLC/008/18 by the Principal Solicitor inviting the Committee to agree its response to this consultation.

In response to a question from members, the Senior Licensing Officer advised that there had been little detail provided in relation to the the proposed new licensing system for travelling funfairs in Scotland, but it was likely that public entertainment licensing enforcement services and agencies, , including Environmental Health, would be responsible for enforcement and would take the lead role. 

The Clerk advised that there would be a resource implication and that this would be raised at the second stage of the consultation.

The Committee AGREED to APPROVE (1) the draft consultation response at Appendix 2 of the Report to be submitted to the Scottish Government by 26 February 2018.

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

7.1  Applications for renewal of street trader’s licences – Inara Booth and Roger D P Both (employee)

There had been circulated Report No HLC/009/18 by the Principal Solicitor relating to applications which had been received from Inara Booth and Roger D P Booth (employee) for the renewal of street trader’s licences.  The Senior Licensing Officer advised that the trailer had now been inspected and approved by Environmental Health.

The applicants did not attend.

The Committee NOTED that the licences had been granted under delegated powers as Environmental Health had now inspected the vehicle.

8.  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

8.1  Premises – Zoom Takeaway, 23 Baron Taylor Street, Inverness

There had been circulated Report No HLC/010/18 by the Principal Solicitor relating to an application for variation of a late hours catering licence in respect of premises at Zoom Takeaway, 23 Baron Taylor Street, Inverness.  The variation to hours sought were beyond the Council’s policy hours but no objections or representations had been received. 

Mr M Afif, the applicant attended with his solicitor, Mr K MacLeod.  Mr MacLeod spoke in support of the application.  The application for extended hours would allow the applicant to provide food for people leaving night clubs and licensed premises in the early hours of the morning.  The applicant was hard working and wanted to provide this service to ensure his business continued.

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

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 the renewal of a taxi operator’s licence – Douglas Bolt

There had been circulated Report No HLC/011/18 by the Principal Solicitor relating to an application which has been received from Douglas Bolt for the renewal of a taxi operator’s licence.  The licence could not be issued as the vehicle had not been inspected.

The applicant did not attend.

The Committee AGREED to provide the Principal Solicitor with delegated powers to grant the application should the vehicle pass its inspection by 11 February 2018. Failing which, to provide the Principal Solicitor with delegated powers to refuse the application should the vehicle fail to be presented or pass its inspection by the same date.

9.2  Application for grant of a taxi driver’s licence – Anamul Bhuiya

There had been circulated Report No HLC/012/18 by the Principal Solicitor relating to an application which had been received from Anamul Bhuiya for the grant of a taxi driver’s licence.  The Senior Licensing Officer advised that the applicant was due to sit the taxi knowledge test in the week ending 9 February 2018.  The applicant also required to make arrangements to attend for a right to work check and 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 provide the Principal Solicitor with delegated powers to grant the application should the applicant (1) pass the knowledge test within 3 attempts and (2) pass his right to work check, both by 19 March 2018. Failing which, to provide the Principal Solicitor with delegated powers to refuse the application by the same date.

9.3  Application for grant of a taxi driver’s licence – Anwar Chowdhury

There had been circulated Report No HLC/013/18 by the Principal Solicitor relating to an application which had been received from Anwar Chowdhury for the grant of a taxi driver’s licence.  The Senior Licensing Officer advised that Mr Chowdhury had now sat and passed the taxi driver knowledge test.

The applicant did not attend.

The Committee NOTED that the applicant had re-sat and passed the knowledge test and that the licence could now be granted under delegated powers

10.  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.

11.  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

11.1  Application for the grant of a taxi driver’s licence – Ronald Cook

There had been circulated to members only Report No HLC/014/18 by the Principal Solicitor relating to an application which had been received from Ronald Cook for the grant of a taxi driver’s licence.  An objection had been received from Police Scotland.  Mr Cook had yet to pass a taxi knowledge test and had also failed to make arrangements to attend for a right to work check.  

Mr Cook, the applicant, was present.

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

Mr W MacKay, seconded by Mrs L MacDonald, moved as an amendment that the application be approved.

For the motion (10):

Dr I Cockburn, Mrs J Barclay, Mr J Bruce, Mr G Cruickshank, Mr A Jarvie, Mrs E Knox, Mr D Macpherson, Mrs P Munro, Mr K Rosie and Mr C Smith

For the amendment (2):

Mr W Mackay and Mrs L MacDonald.

The Committee therefore AGREED to REFUSE the application under Section 5(3)(a)(ii) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the grounds that the applicant was not a fit and proper person to be the holder of a taxi driver’s licence having regard to his history [text removed from web version in compliance with Data Protection Act 1998].

12.  Civic Government (Scotland) Act 1982
Application for itinerant metal dealer’s licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd neach-malairt siùbhlach meatailt

12.1  Application for renewal of an itinerant metal dealer’s licence –  Vitalie Cacicovschi

There had been to members only Report No HLC/015/18 by the Principal Solicitor relating to an application which has been received from Vitalie Cacicovschi for the renewal of an itinerant metal dealer’s licence.  A letter of representation had been received from Police Scotland.

Mr V Cacicovschi, the applicant and his solicitor Mr D MacKenzie attended.  Mr D MacKenzie spoke in support of the application. 

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

Mr MacKenzie on hearing from the Police realised he was missing page two of the Police letter and this item was then adjourned temporarily to give Mr MacKenzie the opportunity to discuss the further disclosure with his client. 

On resumption of proceedings, Mr MacKenzie thanked the Committee for the adjournment and informed the Committee that he had confirmed the information in the Police letter was correct. 

The Committee then heard from Mr MacKenzie in support of the application. 

Following debate, the Committee then AGREED to GRANT the application subject to the standard conditions.

The applicant was also given a severe verbal warning to [text removed from web version in compliance with Data Protection Act 1998] from this date onwards to avoid being brought back to the Committee for review.

The meeting closed at 11.45 am.