Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 27 March 2018 at 10.00 am.

Present:

Mrs J Barclay, Mr J Bruce (excluding items 1 – 8.1), Mr G Cruickshank, Mr A Jarvie (excluding items 1 – 8.1), Mrs E Knox, Mrs L MacDonald, Mr W Mackay (by video conference), 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 N MacKinnon, Police Scotland
Mr J Williamson, Police Scotland
Item 8.1- Mr G Ritchie, licence holder and Ms L Murray, solicitor
Item 8.2 - Mr W McIntosh, licence holder

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

An apology for absence was received from Dr I Cockburn.   

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 6 February 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/0016/18 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 25 January 2018 to 14 March 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/017/18 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.  Housing (Scotland) Act 2006
Applications for house in multiple occupation licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachd thaighean ann an ioma-sheilbh

6.1  Premises – Armadale House, Armadale, Isle of Skye, IV45 8RS

There had been circulated Report No HLC/018/18 by the Principal Solicitor relating to the renewal of a house in multiple occupation licence from the Clan Donald Lands Trust in respect of premises at Armadale House, Armadale, Isle of Skye, IV45 8RS. 

The Committee NOTED that:

(1) the Fire Service had now carried out their audit inspection and all work requested has been completed in full; and

(2) the applicant had confirmed that they would be using the Scottish Government Model Private Residential Tenancy Agreement for all 2018 tenancy agreements

therefore the licence would now be issued under delegated powers.

7.  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 Paragraphs 3 and 12 of Part 1 of Schedule 7A of the Act.

8.  Civic Government (Scotland) Act 1982
Taxi driver’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson cheadachdan do dhràibhearan / oibrichean tagsaidh

8.1  Taxi driver’s licence – George Ritchie

There had been circulated to members only Report No HLC/019/18 by the Principal Solicitor relating to George Ritchie, the holder of a taxi driver’s licence.  A letter seeking a suspension hearing in respect of the licence had been received from Police Scotland. 

Mr G Ritchie, the licence holder, attended with his solicitor, Ms L Murray. 

The Committee heard from Ms Murray and the Police in relation to the licence.

Following discussion, Mrs L MacDonald, seconded by Mr W Mackay moved that the licence holder receive a severe warning. 

There being no amendment the Committee AGREED to issue a severe warning to the licence holder that any further incidents would not be viewed favourably.

8.2  Taxi driver’s licence – William McIntosh

There had been circulated to members only Report No HLC/020/18 by the Principal Solicitor relating to William McIntosh, the holder of a taxi driver’s licence. The Senior Licensing Officer advised that two letters had been received from Nairn Healthcare Group advising that the applicant no longer met the Group 2 (PSV) standard.  The Principal Solicitor, with the agreement of the Head of Corporate Governance and Police Scotland, had thereafter suspended Mr McIntosh’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982. 

Mr McIntosh spoke to his application and requested that his licence be granted as he had been told he was fit to drive.

The Clerk explained to Mr McIntosh that while he may meet the Group 1 standard, this meant only that he was fit to drive for private purposes. However, for taxi licensing purposes, he required to meet the higher Group 2 standard (the same standard as was required to drive a public service vehicle), as he would be driving members of the public for reward.  Mr McIntosh did not currently meet those higher standards.   

The Committee AGREED to suspend the licence under Paragraph 11(2)(a) and 11 (2)(c) of Schedule 1 of the Act with immediate effect and for the remaining portion of the duration of the licence on the basis that (1) the holder of the licence is no longer a fit and proper person to hold the licence and (2) the carrying on of the activity to which the licence relates is likely to cause a threat to public safety.

8.3 Taxi driver’s licence – James M Sutherland

There had been circulated to members only Report No HLC/021/18 by the Principal Solicitor relating to James M Sutherland, the holder of a taxi driver’s licence. The Senior Licensing Officer advised that a letter had been received from Thurso and Halkirk Medical Practice advising that the applicant no longer met the Group 2 (PSV) standard.  The Principal Solicitor, with the agreement of the Head of Corporate Governance and Police Scotland, had thereafter suspended Mr McIntosh’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982. 

Mr J Sutherland did not attend.

The Committee AGREED to suspend the licence under Paragraph 11(2)(a) and 11(2)(c) of Schedule 1 of the Act with immediate effect and for the remaining portion of the duration of the licence (30 September 2018) on the basis that (1) the holder or the licence is no longer a fit and proper person to hold the licence and (2) the carrying on of the activity to which the licence relates is likely to cause a threat to public safety.  The Committee also granted delegated authority to the Principal Solicitor to recall the suspension if, during the period of the suspension, the licence holder submits confirmation from his GP that he is medically fit to drive and can meet the Group 2 (PSV) medical standards.

9.  Proposed amendment to the Street Trader’s Licence:
Schedule of Conditions
Atharrachadh air a Mholadh do Cheadachd Luchd-malairt Sràide:
Clàr Chumhaichean

There had been circulated to members only Report No HLC/022/18 by the Principal Solicitor relating to a proposed amendment to the Street Trader’s Licence: Schedule of Conditions.  

Following discussion the Committee AGREED to remove Condition 8 from the Street Trader’s Licence: Schedule of Conditions with immediate effect in relation to all new licences and renewals of existing licences granted.  Members further agreed that no enforcement of the condition in relation to existing licences, to which it currently applies, will be taken.

10.  Taxi and private hire car licensing
Ceadachdan Tagsaidh is Chàraichean Prìobhaideach air Mhàl

There had been circulated to members only Report No HLC/023/18 by the Principal Solicitor inviting the Committee to consider counsel’s opinion on various legal aspects of taxi and private hire car licensing.

Following discussion, the Committee AGREED to take no further action towards introducing restrictions on numbers of taxi or private hire cars in The Highland Council area or in any part thereof.

The meeting closed at 11.05 am.