Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 15 May 2018 at 10.00 am.

Present:

Dr I Cockburn, Mr G Cruickshank, Mr A Jarvie, Mrs E Knox, Mrs L MacDonald, Mr W Mackay (by video conference) (excluding Item 14), 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 Hayes, Environmental Health Officer
Mr A Anderson, Technical Officer (HMO), Environmental Health
Mr M McGinty, Trading Standards Officer
Mr M Elsey, Senior Licensing Officer
Mrs A MacArthur, Administrative Assistant

Also attending:

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

Item 10.1 – Ms L Main, Mr R Keeves, applicants, Ms R Thomson, agent, Munro and Noble, Solicitors
Item 10.2 – Mr R Drummond, Director, J and R Group
Item 10.3 – Ms G Graham, Day to Day Manager, Mr M Graham
Item 14 - Mr R Munro, Mrs A Paul, Sneckie Taxis; Mr A MacDonald and Mr D Fraser, Inverness Taxi Alliance.

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 Mrs J Barclay and Mr J Bruce.

2.  Declarations of interest
Foillseachaidhean Com-pàirt

Item 6 – Mr I Cockburn, Mrs L MacDonald and Ms P Munro (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 27 March 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/024/18 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 15 March 2018 to 2 May 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/025/18 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.  Scottish Government consultation on a review of landlord registration applications and fees
Co-chomhairle Riaghaltas na h-Alba air ath-sgrùdadh de dh’iarrtasan is chìsean clàraidh uachdarain

Declarations of Interest – Dr I Cockburn, Mrs L MacDonald and Mrs P Munro declared a non-financial interest in this item as they were registered private landlords and did not take part in this item. 

There had been circulated Report No HLC/026/18 by the Principal Solicitor relating to a Scottish Government consultation on a review of landlord registration applications and fees and inviting the Committee to agree a response to this consultation.

Following discussion, the Committee AGREED to approve the consultation response appended to the report and for it to be submitted to the Scottish Government by 7 June 2018.

7.  Taxi driver’s knowledge test
Deuchainn eòlais dhràibhearan tagsaidh

There had been circulated Report No HLC/027/18 by the Principal Solicitor relating to a request made to the Taxi/PHC Licensing Sub-Group that the Committee consider lowering the pass mark for the Highland-wide section of the taxi driver’s knowledge test.

During discussion, Members raised the following points:-

• in relation to the Highland-wide knowledge test, Highland had a wide geographical area and taxi drivers in Wick for example may never leave their local area;
• most taxis were now fitted with satellite navigation giving the most appropriate route at the time of travel, this may be a longer route but a route avoiding any traffic issues;
• in relation to the statistics collected many drivers did better in the Highland-wide test than in the local test;
• concern at lowering the standards requested for taxi drivers, as a taxi service was often a traveller’s first impression of an area;
• to lower the standard pass rate by 10% from 85% to 75% was not seen as detrimental; and
• in some other areas in Scotland taxi drivers had a local test only and in some areas they had no test at all.

Mr A Jarvie, seconded by Dr I Cockburn moved that the Highland-wide taxi driver’s knowledge test pass mark be reduced from 85% to 75%.  There being no amendment the motion was carried. 

The Committee therefore AGREED to lower the pass mark for the Highland-wide section of the taxi driver’s knowledge test from 85% to 75% with effect from 16 May 2018.

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

8.1  Premises: Ross County Football Club, Global Energy Stadium, Victoria Park, Dingwall, IV15 9QZ

There had been circulated Report No HLC/028/18 by the Principal Solicitor relating to an application for the grant of a temporary public entertainment licence for Ross County Football Club, Global Energy Stadium by David O’Connor. 

The Senior Licensing Officer advised that this application had been withdrawn as the event was no longer being held.

The Committee NOTED the application had been withdrawn at the applicant’s request.

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

9.1  Application for a street trader’s licence – Pawel Gesiorski

There had been circulated Report No HLC/029/18 by the Principal Solicitor relating to an application which has been received from Pawel Gesiorski for the grant of a street trader’s licence.  An objection had been received from the Council’s Environmental Health Service as a certificate of compliance had still to be issued in respect of the vehicle to be used.  The applicant had also been requested to clarify the location in Longman Road from which he proposed to trade to enable the Council’s Community Services (Roads) to respond.  Following repeated requests the applicant has not contacted the licensing department. 

The applicant did not attend.

The Committee AGREED to provide the Principal Solicitor with delegated powers to grant the application should the applicant provide the required certification and undertake the required works to enable the vehicle to receive its certificate of compliance by 7 June 2018.  Failing which, to provide the Principal Solicitor with delegated powers to refuse the application should the vehicle not receive its certificate of compliance by the same date.

The applicant is also required to clarify the location in Longman Road, Inverness from which he proposes to trade to enable the Council’s Community Services team to respond by 7 June 2018.

9.2  Application for a street trader’s licence – Mateusz Janus

There had been circulated Report No HLC/030/18 by the Principal Solicitor relating to an application which has been received from Mateusz Janus for the grant of a street trader’s licence.  An objection had been received from the Council’s Environmental Health Service as a certificate of compliance had still to be issued in respect of the vehicle to be used.  The applicant had also been requested to clarify the location in Longman Road from which he proposed to trade to enable the Council’s Community Services (Roads) to respond.  Following repeated requests the applicant has not contacted the licensing department. 

The applicant did not attend.

The Committee AGREED to provide the Principal Solicitor with delegated powers to grant the application should the applicant provide the required certification and carry out the required works to enable the vehicle to receive its certificate of compliance by 7 June 2018.  Failing which, to provide the Principal Solicitor with delegated powers to refuse the application should the vehicle not receive its certificate of compliance by the same date.

The applicant is also required to clarify the location in Longman Road, Inverness in which he proposes to trade from to enable the Council’s Community Services team to respond by 7 June 2018.

9.3  Application for a street trader’s licence – John Geegan

There had been circulated Report No HLC/031/18 by the Principal Solicitor relating to an application which has been received from John Geegan for the grant of a street trader’s licence.  The vehicle had not been presented to the Council’s Environmental Health Service and a certificate of compliance had therefore not been issued. 

The applicant did not attend.

The Committee AGREED to provide the Principal Solicitor with delegated powers to grant the application should the vehicle be presented for its food safety and health and safety checks and receive its certificate of compliance by 24 May 2018. Failing which, to provide the Principal Solicitor with delegated powers to refuse the application should the vehicle not receive its certificate of compliance by the same date.

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

10.1    Premises – Dundein, 10 Ballifeary Lane, Inverness

There had been circulated Report No HLC/032/18 by the Principal Solicitor relating to the grant of a house in multiple occupation licence applied for by Key Holding 2 Ltd in respect of premises at Dunedin, 10 Ballifeary Lane, Inverness.  Police Scotland and the Planning Service had confirmed that they had no objections to the application.  The Council’s Building Service had advised that they had a pending building warrant application and had requested that the HMO licence was not issued until the warrant and completion certificate for the completed works had been granted.  The Council’s Environmental Health Service had advised that as no works had commenced they were unable, at this time, to assess it against the Council’s HMO standards. 

The Senior Licensing Officer explained that a late objection had been received in relation to the application.  In terms of the Act objections to applications for an HMO licence require to be submitted within 21 days of the application being lodged, in this case by 24 April 2018.  Ms MacKinnon’s letter was received on 26 April 2018.   However, the Act provides for a Licensing Authority to consider a late representation/objection if it is satisfied that it was reasonable for the respondent to make representation after the deadline for doing so. 

The objector did not attend the meeting and had provided no information which might satisfy the Committee that it was reasonable for the objection to have been submitted after the deadline for doing so.  The Committee accordingly agreed not to consider the late letter of objection. 

The Committee AGREED to provide the Principal Solicitor with delegated powers to grant the application once all the requirements by the Services detailed in Paragraph 5.1 of the report have been completed and any relevant documents and certification submitted by 2 April 2019. Failing which, to provide the Principal Solicitor with delegated powers to refuse the application under section 131 of the Act, on the grounds that the property is unsuitable for occupation as an HMO, should the works not be completed and relevant documents and certification submitted, by 2 April 2019.

10.2  Premises – Glen House, Market Street, Ullapool, IV26 2UE

There had been circulated Report No HLC/033/18 by the Principal Solicitor relating to the grant of a house in multiple occupation licence applied for by J and R Group Ltd in respect of premises at Glen House, Market Street, Ullapool, IV26 2UE.  Police Scotland and the Planning Service had responded to confirm that they had no objections to the application.  The Council’s Building Standards Service had advised that they had a current building warrant approved for alterations to the building and would be inspecting the premises later this week.  The Council’s Environmental Health Service advised that works had almost been completed to meet the Council’s HMO standards.  Scottish Fire and Rescue Service responded to advise that they had carried out a visit to the premises and identified items which required attention and that they would be re-inspecting later this month.  A tenancy agreement had been submitted and approved by Housing Services.  The applicant had also advised of a new day-to-day manager, Mr A Jones, and Police Scotland confirmed they had no objections.  Environmental Health was due to inspect the premises on the 22 May 2018.

The Committee AGREED to provide the Principal Solicitor with delegated powers to grant the application once all the requirements identified by the Services detailed in section 5 of the report have been completed and any relevant documents and certification submitted by 14 June 2018.  Failing which, to provide the Principal Solicitor with delegated powers to refuse the application under section 131 of the Act, on the grounds that the property is unsuitable for occupation as an HMO, should the works not be completed and relevant documents and certification submitted, by 14 June 2018.

10.3    Premises – Staff House, Garve Hotel, Garve, IV25 2PR

There had been circulated Report No HLC/034/18 by the Principal Solicitor relating to the renewal of a house in multiple occupation licence applied for by Hart Hotels Ltd in respect of premises at Staff House, Garve Hotel, Garve, IV25 2PR.  Police Scotland, Scottish Fire and Rescue Service, Building Standards Service and the Planning Service had responded to confirm that they had no objections to the application. The Council’s Environmental Health Service responded to advise that works had been required for the property to meet the Council’s HMO standards.  It was understood that the works had now been completed but a re-inspection had yet to take place.  A tenancy agreement had also now been submitted and approved by Housing Services. 

The Committee AGREED to provide the Principal Solicitor with delegated powers to grant the application once all the requirements identified by the Services detailed in section 5 of the report had been completed and any relevant documents and certification submitted by 20 June 2018.  Failing which, to provide the Principal Solicitor with delegated powers to refuse the application under section 131 of the Act, on the grounds that the property is unsuitable for occupation as an HMO, should the works not be completed and relevant documents and certification submitted, by 20 June 2018.

11.  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 12 and 13 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. 

12.  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

12.1    Application for grant of taxi driver’s licence – David Foster

There had been circulated to members only Report No HLC/035/18 by the Principal Solicitor relating to an application which has been received from David Foster for the grant of a taxi driver’s licence.  A letter of objection had been received from Police Scotland.  At the time of writing Mr Foster had still to make an appointment with the licensing office to undertake an Immigration Act - Right to Work check, and had yet to sit and pass the taxi driver’s knowledge test.

The applicant did not attend.

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

The Committee AGREED to REFUSE the application on the grounds that the applicant is not a fit and proper person to be the holder of a taxi driver’s licence, as evidenced through his history of continual criminal offending.

13.   Antisocial Behaviour etc (Scotland) Act 2004
Private landlord registration – rent penalty notices
Achd Dol A-mach Mì-shòisealta (Alba) 2004
Clàrachadh Uachdarain Phrìobhaideach – Brathan Càin Màil 

There had been circulated to members only Report No HLC/036/18 by the Principal Solicitor in connection with landlords who have failed to register under Part 8 of the Antisocial Behaviour etc (Scotland) Act 2004.  The Committee was asked to authorise the service of Rent Penalty Notices in respect of the properties detailed in the Appendix to the Report.

The Principal Solicitor identified one of the landlords listed in Appendix 1 who had applied for registration since the report had been written.  She confirmed that authority to serve a rent penalty notice on this landlord was no longer sought.

The Committee AGREED to ISSUE a rent penalty notice in respect of David Craig, unregistered landlord of 37 Murray Place, Smithton, Inverness IV2 7PX.

Public Item:

14.  Review of Taxi Tariff 2018/19
Ath-bhreithneachadh air Taraif Tagsaidh 2018/19

There had been circulated Report No HLC/037/18 by the Principal Solicitor advising of the feedback received from the taxi and private hire car (PHC) trade in relation to the review of the current taxi fare scales following a number of meetings held with the taxi/PHC trade in Highlands, and inviting Members to consider the responses, the additional information in the report and any further submissions which members of the trade attending the meeting may wish to make, and thereafter agree a draft tariff for public consultation.

The Senior Licensing Officer advised of an error in Appendix 4, a corrected version of which had been circulated to Members by email and was circulated to the trade members who were at this meeting.

The Principal Solicitor also circulated an extract from the Scottish Government guidance advising licensing authorities as to best practice in fixing fares.  This advised “The Secretary of State expects that in fixing fares authorities will want to pay primary regard to the costs incurred by the trade, having regard to the capital costs (including interest payments) of the vehicles, the costs of maintaining and replacing them to the standards required by the licensing authority, the costs of employing drivers, and the prevailing level of wages and costs in related road transport industries. In the Secretary of State’s view the public interest is better served by ensuring the maintenance of an adequate taxi service by giving the trade a fair return than by depressing fares for social reasons, however understandable.  If fares are fixed at a level higher than the market can stand, the trade is free to reduce them.”  The Principal Solicitor asked the Committee to bear this guidance as to best practice in mind when considering a draft tariff.

Taxi operators present at the meeting then made the following various representations:

• proposals should be kept to moderate increases this year with higher percentage increases to tariff 2 and 3;
• a rise in tariff 3 was needed to cater for the cost of running larger vehicles, these vehicles being necessary for the school contracts;
• an increase in the booking fee, which had remained the same for many years, was needed;
• a charge for meeting and greeting at the airport to allow for waiting time should be considered;
• the tariffs, including tariff 1, should be set at a level which would allow recovery of increasing costs incurred due to minimum wage increases, pension increases, card payment charges and insurance increases which would amount to 22% over the next two years;
• the figures given in Appendix 5 were not a fair reflection as these needed to take into account the varying flag fall and rate per mile in each Council area;
• it should be borne in mind that these are maximum charges and it was open to operators/drivers to give discounts, for example to regular customers; and
• if there was no increase in tariff 1, by 2020 the Highland area would be behind everywhere else in Scotland.

Following questions from Members, they were advised:

• on the distinction between the tariffs and when they apply;
• that when changing the rate of the tariffs, the taxi meters were adjusted by yardage rather than by price;
• the flag fall reflected a combination of time and distance;
• Members were not being asked at this point to fix a final tariff but only to propose a draft tariff on which to go out to consultation;

On a question from Members, Mr R Munro from Sneckie Taxis advised that he had broken down the tariff 1 running mile price for various areas to give a comparative guideline taking the flag fall distances into account, as follows:

East Lothian                         £2.20
Fife                                         £2.35
Mid Lothian                           £1.92
Argyll and Bute                    £2.00
Shetland                                £1.80
Aberdeen                              £2.20
South Ayrshire                     £2.20
Clackmannanshire              £1.80
Glasgow                                £1.90
Highland                               £1.80
East Ayrshire                        £2.20

Mr Munro further stated that most of these rates were also currently under review. 

Each item of the tariff was then debated, and the Committee AGREED a draft tariff to go out for public consultation for a period of 28 days with changes and additions to the existing tariff as set out below:

Tariff 1

• Increase flag fall amount from £3.00 to £3.30
• Increase running mile from £1.80 to £2.00

Tariff 2

• Increase flag fall amount from £3.30 to £4.00
• Increase running mile from £1.90 to £2.50

Tariff 3

• Increase flag fall amount from £3.90 to £4.50
• Increase running mile from £2.40 to £3.00#

Additional Tariffs or Surcharges

• Remove Christmas Day and New Year’s Day from Tariff 3 and introduce two new tariffs (Tariff 4 and Tariff 5) which would apply from 6 pm on Christmas Eve and New Year’s Eve through to 6 am on Boxing Day and 2 January
• Tariff 4 would apply for vehicles carrying up to 4 passengers
• Tariff 5 would apply for vehicles carrying 5 or more passengers.
• Tariff 4 would have a flag fall amount of £4.50 and a running mile of £4.00
• Tariff 5 would have a flag fall amount of £4.50 and a running mile of £5.00

Extra Charges

Mrs L MacDonald, seconded by Mr A Jarvie, moved that a meet and greet charge for waiting time at the airport be introduced. 

Mr I Cockburn, seconded by Mrs E Knox moved as an amendment that no meet and greet charge be introduced at the airport. 

For the motion (3):

Mr A Jarvie, Mr D Macpherson and Mrs L MacDonald.

For the amendment (5):

Dr I Cockburn, Mr G Cruickshank, Mrs E Knox, Mrs P Munro and Mr K Rosie.

Abstained (1):

Mr C Smith

It was, however, AGREED to:

• Increase the booking ahead fee from 50p to £1.00
• Include, in the extra charges which could be made, airport car parking charges (only chargeable on production of a receipt to the hirer)

The meeting closed at 12.45 am.