Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 26 June 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 (by video conference), Mr D Macpherson, Mrs P Munro, Mr K Rosie (by video conference) and Mr C Smith.

In attendance:

Ms S Blease, Principal Solicitor (Regulatory Services)
Miss C McArthur, Solicitor (Regulatory Services)
Mr G MacCormick, Senior Environmental Health Officer
Mr M Elsey, Senior Licensing Officer
Ms A Macrae, Committee Administrator

Also attending:

Sergeant B Gray, Police Scotland
Mr S Bassindale, Scottish Fire and Rescue Service
Mr  B Sutherland, Scottish Fire and Rescue Service

Item 10.2 – Mr I Militaru, applicant
Item 10.3 – Mr G Wilson, applicant
Item 11.1 – Mr K Ahmed, applicant
Item 12.1 – Mr J McLean, applicant
Item 13.1 -  Mr S Ahmed, applicant

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

Item 7.1: Mr A Jarvie and Mr D Macpherson (non-financial)

3.  Confirmation of minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minutes of meeting of the Committee held on 15 May 2018 which were APPROVED.

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

There had been circulated Report No HLC/038/18 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 3 May 2018 to 13 June 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.

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: Inverness Botanic Gardens, Bught Lane, Inverness

Declarations of Interest: Mr A Jarvie and Mr D Macpherson declared a non-financial interest in this item as Directors of High Life Highland.

The Clerk advised that as the application had been granted under delegated powers there was no requirement for the above mentioned Members to leave the Chamber.

There had been circulated Report No HLC/040/18 by the Principal Solicitor relating to an application for the renewal of a public entertainment licence by Highlife Highland in respect of Inverness Botanic Gardens, Bught Lane, Inverness.  The applicant had yet to submit a valid electrical certificate.

On hearing from the Senior Licensing Officer, the Committee NOTED that written confirmation had now been received that the outstanding electrical works had been carried out and that the licence has been granted under delegated powers.

7.2  Premises: Carrbridge Village Hall

There had been circulated Report No HLC/041/18 by the Principal Solicitor relating to an application for the renewal of a public entertainment licence by the Carrbridge village hall Committee in respect of Carrbridge village hall.  The applicant had yet to submit a valid Public Liability Insurance Certificate. 

The Committee NOTED that the public liability insurance certificate had now been received and that the licence has been granted under delegated powers.

8.  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

8.1  Application for grant of a taxi driver’s licence – Ana Gonzalez

There had been circulated Report No HLC/042/18 by the Principal Solicitor relating to an application which has been received from Ana Gonzalez for the grant of a taxi driver’s licence.  The applicant had yet to produce a foreign convictions document, make an appointment to sit the taxi driver’s knowledge test and undertake an Immigration Act – Right to Work check. 

The applicant was not in attendance.

The Senior Licensing Officer advised that all attempts by licensing staff to contact the applicant to make arrangements for her to submit a foreign convictions document, sit the knowledge test and carry out the right to work check had proved unsuccessful. The application had to be determined by 29 July 2018.

The Committee AGREED to provide the Principal Solicitor with delegated powers to grant the application should the applicant (1) produce a satisfactory foreign convictions document (2) undertake and pass the taxi driver’s knowledge test and (3) produce her right to work documentation prior to 29 July 2018.  Failing which, to provide the Principal Solicitor with delegated powers to refuse the application.

9.  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.

10.  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

10.1  Taxi driver’s licence – Douglas Stewart

There had been circulated to members only Report No HLC/043/18 by the Principal Solicitor relating to Douglas Stewart who was the holder of a taxi driver’s licence.  A letter had been received from Police Scotland requesting the immediate suspension of Mr Stewart’s licence on medical grounds.  The Principal Solicitor, with the agreement of the Head of Corporate Governance and Police Scotland, had thereafter suspended Mr Stewart’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982.

The applicant was not in attendance.

On hearing from the Senior Licensing Officer, the Committee NOTED that the applicant’s doctor had subsequently submitted a letter confirming the applicant now met the Group 2 driving standards and that the suspension had been lifted.

10.2  Application for grant of a taxi driver’s licence – Ion Cristian Militaru

There had been circulated to members only Report No HLC/044/18 by the Principal Solicitor relating to an application which has been received from Ion Cristian Militaru for the grant of a taxi driver’s licence.  A letter of objection had been received from Police Scotland.  The applicant had yet to pass the taxi driver’s knowledge test. 

The Committee heard from the applicant and the Police in relation to the application.

Mr W Mackay moved that the applicant be granted but on failing to find a seconder the motion fell.

The Committee AGREED to REFUSE the application on the grounds that the applicant was not a fit and proper person to be the holder of a taxi driver’s licence, as evidenced through his offending history, which showed that he had a disregard for road traffic legislation, contempt for the Court system and a violent demeanour.

It was explained to the applicant that should he keep a clean record for the period of a year and at that point re-apply, the Licensing Committee may look more favourably on that application.

10.3  Application for grant of taxi driver’s licence – Gordon Wilson

There had been circulated to members only Report No HLC/045/18 by the Principal Solicitor relating to an application which has been received from Gordon Wilson for the grant of a taxi driver’s licence.  The applicant had yet to make an appointment to sit the taxi driver’s knowledge test and undertake an Immigration Act – Right to Work check.   

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

The Committee AGREED to provide the Principal Solicitor with delegated powers to grant the application subject to the applicant (1) undertaking and passing the taxi driver’s knowledge test and (2) producing his right to work documentation by 3 May 2019.  Failing which to provide the Principal Solicitor with delegated powers to refuse the application. 

11.  Civic Government (Scotland) Act 1982
Applications for private hire car driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachdan do dhràibhearan / oibrichean chàraichean airson fastadh prìobhaideach

11.1  Application for private hire car driver’s licence – Kasim Ahmed

There had been circulated to members only Report No HLC/046/18 by the Principal Solicitor relating to an application which has been received from Kasim Ahmed for a private hire car driver’s licence.  A letter of representation had been received from Police Scotland. 

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

The Committee AGREED to GRANT the application.

12.  Civic Government (Scotland) Act 1982
Application for a window cleaner’s licence  
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan luchd-glanaidh uinneagan

12.1    Application for grant of a window cleaner’s licence – James McLean

There had been circulated to members only Report No HLC/047/18 by the Principal Solicitor relating to an application from James McLean for a window cleaner’s licence.  A letter of representation had been received from Police Scotland. 

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

The Committee AGREED to GRANT the application subject to the applicant submitting satisfactory public liability insurance documentation.

13.  Civic Government (Scotland) Act 1982 
Late hours catering licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Ceadachd Sholarachd Uairean Anmoch

13.1  Premises – Chicken Hut, 4 Drummond Street, Inverness

There had been circulated to members only Report No HLC/048/18 by the Principal Solicitor relating to the holder of a late hours catering licence in respect of premises at Chicken Hut, 4 Drummond Street, Inverness.   The Council’s Environmental Health Service had requested the immediate suspension of the late hours catering licence in respect of these premises following a number of health and safety, food safety and waste management issues, and this immediate suspension under paragraph 12 of Schedule 1 to the Act had been ordered under delegated powers.  The Report before the Committee sought a decision as to whether a longer terms suspension or revocation of the licence should be ordered under paragraph 11 of Schedule 1. 

The Committee heard from the applicant, Senior Environmental Health Officer and the Scottish Fire and Rescue Service in relation to the licence.

The Committee AGREED to SUSPEND the licence with immediate effect and for the remaining portion of the duration of the licence on the grounds that:

1. there were no effective management arrangements or policies in place to prevent undue public nuisance or public safety issues arising and the carrying on of the activity to which the licence relates was accordingly likely to cause undue public nuisance and a threat to public safety; and
2. that the licence holder was not considered a fit and proper person to be the holder of the licence in view of his repeated failure to comply with basic legislative requirements for a business of this nature and the cumulative extent of these failures, and as a result of the blatant and reckless disregard that was shown by the applicant towards compliance with a health and safety prohibition notice.

The meeting closed at 12 noon.