Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 7 August 2018 at 10.00 am.

Present:

Dr I Cockburn, Mrs J Barclay (excluding items 1 – 6), Mr J Bruce, Mr G Cruickshank, Mr A Jarvie (excluding items 1 - 5), 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)
Mrs E McArthur, Principal Planner
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 and 10.2 – Mr T Russell, licence holder and Mrs L Murray, solicitor
Item 11 – Mr G Fox, Mr D Philip, Mr B Cowan (independent taxi operators); Mr D Fraser (on behalf of the Inverness Taxi Alliance); Mr R Munro, Mrs A Paul, Mr S Burney and Ms L Cox (Sneckie Taxis). 

Briefing on protocol for webcasting of meetings

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 26 June 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/049/18 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 14 June 2018 to 25 July 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/050/18 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  Rent suspension orders in respect of unlicensed houses in multiple occupation

There had been circulated Report No HLC/051/18 by the Principal Solicitor relating to rent suspension orders in respect of unlicensed houses in multiple occupation. 

The Committee AGREED to GRANT DELEGATED POWERS to the Solicitor – Regulatory Services and the Principal Solicitor – Regulatory Services, in consultation with the Chairman or Vice Chairman of the Highland Licensing Committee, to

1. make rent suspension orders under section 144 of the Housing (Scotland) Act 2006 in respect of properties which are not licensed as houses in multiple occupation (HMO) but which have been identified by the Environmental service as being occupied as HMO; and
2. revoke any rent suspension order so made if satisfied that (i) an HMO licence has subsequently been granted to the owner of the property concerned, or (ii) the property is no longer occupied as an HMO.

Delegated power to revoke orders is subject to the caveat that if an application for revocation of an order (on the ground that the property is no longer occupied as an HMO) is received, and officers are not satisfied that the property is no longer occupied as an HMO, the application for revocation will be referred to the Committee for a final decision.

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

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

7.1  Premises: Culloden Academy Community Complex, Keppoch Road, Inverness.

There had been circulated Report No HLC/052/18 by the Principal Solicitor relating to an application for a public entertainment licence for Culloden Academy Community Complex, Keppoch Road, Inverness by High Life Highland.  The applicant had yet to submit a valid electrical certificate.

The Committee AGREED to GRANT the application subject to an additional condition to the effect that no public entertainment activities should take place until a satisfactory electrical certificate is received.

8.  Civic Government (Scotland) Act 1982   
Second Hand Dealer’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Luchd-malairt Ath-làimhe

8.1   Premises: 2 Millbank Park, Munlochy, IV8 8NU

There had been circulated Report No HLC/053/18 by the Principal Solicitor relating to an application for a second hand vehicle dealer’s licence by James Mollison.  A letter of objection had been received from the Planning Service on the grounds that the applicant required planning permission for a partial change of use of his residential land to commercial use in order to sell cars  and planning permission had previously been refused for further development at Millbank Park as the junction with the public road does not meet the Council’s standards.  The applicant had accordingly been advised that the Planning service would not be in a position to support any planning application submitted for the change of use sought.   The applicant had responded confirming that he would nevertheless like to seek planning permission.  To date, however, he had not submitted a planning application. 

The applicant did not attend the meeting to speak to his application.

Mrs E McArthur, Principal Planner, spoke to her objection advising that planning permission for four houses in this area had previously been refused due to the substandard access onto the public road.  Thereafter permission for three houses had then been granted, with minor improvements to the access, but the access remained substandard.  A further application in 2005 for planning permission for a fourth house had been refused and this decision had gone to appeal.   This appeal had then been dismissed by the Reporter on the grounds of lack of visibility at the junction.  The present licence application for a second hand vehicle dealer’s licence would increase traffic using the access and would therefore clearly increase danger to road safety.  For this reason, the Planning Service could not support the application. 

The Committee AGREED to REFUSE the application under paragraph 5(3)(c) of Schedule 1 of the Civic Government (Scotland) 1982 Act on the ground that, having regard to the location of the premises, to the nature and extent of the proposed activity and to public safety, the premises are not suitable for the conduct of the activity to which the licence would relate.  This is by reason of the fact that the junction with the public road to the premises does not meet the Council’s standards and the Committee considered that further vehicular use of this access, over and above what is already permitted, would be likely to cause a road safety issue.

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 private hire car driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachdan do dhràibhearan / oibrichean chàraichean airson fastadh prìobhaideach

10.1  Private hire car operator’s licence, taxi operator’s licences and taxi driver’s licence – Thomas Russell   

There had been circulated to members only Report No HLC/054/18 by the Principal Solicitor relating to Thomas Russell the holder of a private hire car operator’s licence, taxi operator’s licences and a taxi driver’s licence.  A letter had been received from Police Scotland requesting the suspension of Mr Russell’s licences on the grounds that he was no longer a fit and proper person to hold the licences. 

The licence holder and his solicitor were in attendance.

The Committee heard from the licence holder’s solicitor who requested that the hearing be deferred [text removed from web version in compliance with Data Protection Act 1998]

Police Scotland confirmed that they had no issue with the hearing being adjourned.

The Committee AGREED to DEFER the hearing until the conclusion of the [text removed from web version in compliance with Data Protection Act 1998].

10.2  Application for private hire car operator’s licence – Thomas Russell

There had been circulated to members only Report No HLC/055/18 by the Principal Solicitor relating to an application which has been received from Thomas Russell for the grant of a private hire car operator’s licence.  A letter of objection had been received from Police Scotland. 

The applicant and his solicitor were in attendance.

The solicitor requested an adjournment until the conclusion of the [text removed from web version in compliance with Data Protection Act 1998]. 

Police Scotland confirmed that they had no issue with the case being adjourned.

The Committee AGREED to to DEFER the application until the conclusion [text removed from web version in compliance with Data Protection Act 1998]or to the last Licensing Committee date prior to the determination deadline of the application, whichever is the earlier.

It was noted that the application must be determined by 25 March 2019 and therefore the application would need to be brought to the February 2019 Licensing Committee (date still to be agreed) at the latest.

10.3  Taxi operator’s and taxi driver’s licence – Roy Sweeney

There had been circulated to members only Report No HLC/056/18 by the Principal Solicitor relating to Roy Sweeney who is the holder of a taxi operator’s and taxi driver’s licence.  A letter had been received from Police Scotland requesting the suspension of Mr Sweeney’s licence on the grounds that he was no longer a fit and proper person to hold the licences. 

The Senior Licensing Officer advised that the applicant had been unable to attend due to a family funeral and had asked for a deferral to the next meeting of the Committee and that this request had been agreed by the Chairman and Vice-Chairman in advance of the meeting. 

The Committee noted the decision to DEFER the hearing until the 2 October 2018 Licensing Committee due to the fact that the applicant was attending a funeral on 7 August for a family bereavement.

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

There had been circulated Report No HLC/057/18 by the Principal Solicitor providing the Committee with details of the responses received following public advertisement of the proposed revised scale of the maximum fares that can be charged by taxis and private hire cars fitted with taxi meters.

The Principal Solicitor advised that a late representation had been received on 5 August 2018 from the Inverness Taxi Alliance.  The deadline for submissions had been 21 June 2018 however as the ethos of the consultation was to consult as fully as possible, Members agreed to consider the late representation. 

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

• although minibuses were essential for school contracts and tourism, the costs of the buses were accommodated in other uses not solely within taxi tariffs;
• the majority of the trade supported the proposals put forward by the Inverness Taxi Alliance;
• the proposed price rise for Christmas periods should not go ahead as these proposed charges were not viable for either the trade or their customers;
• the last increase had seen a sharp decline in passengers and complaints on the costs of hiring a taxi, and if there was a further increase in tariff it would create a further decline in passengers making it difficult to make a living;
• if varying discounts were given by different taxi operators at the taxi rank, it could cause confusion and disruption;
• an increase in the booking fee, which had remained the same for many years, was needed;
• at the last meeting Scottish Government guidance had been circulated and the advice given by the guidance that “if fares are fixed at a level higher than the market can stand, the trade is free to reduce them” was highlighted;
• older more vulnerable customers and regular customers tended to be given discounts; and
• if substantial discounts were given and a profit was still achievable, this raised the question of whether an increase was really necessary.

Following questions from Members, they were advised:

• on the distinction between the tariffs and when they apply;
• to combat disruption at taxi ranks, the Government guidance discouraged haggling over discounts at ranks, but accepted that discounts could be given, though preferably through advance negotiation or signs in the vehicle advising of a reduction in the fare; and
• the Government guidance (as set out at paragraph 6.8 of the report) directed authorities, in fixing fares, to focus on the costs incurred by the trade and not on cost to the public.

The Chairman thanked the taxi trade for their participation.

Following discussion, Dr Ian Cockburn, seconded by Mrs E Knox, moved that tariff 1 remain the same as in the current tariff, that the tariff 2 running mile be the tariff 1 running mile x 1.25 and that the tariff 3 running mile be the tariff 1 running mile x 1.5 with the booking fee increased to £1. The proposals for a tariff 4 and tariff 5 as earlier proposed in the Draft Tariff should be retained, but with the running mile for tariff 4 being the tariff 1 running mile x 1.75, and the running mile for tariff 5 being the new tariff 2 running mile x 1.75. The flagfall for each tariff should remain as it was.

Mr A Jarvie, moved as an amendment, that the tariffs as proposed in the Draft Tariff which had gone out to consultation should be agreed.  There being no seconder the amendment fell. 

Mr A Jarvie, seconded by Mr J Bruce, then moved as a new amendment, that tariff 1 remain the same as in the current tariff, that the tariff 2 running mile be the tariff 1 running mile x 1.25, that the tariff 3 running mile be the tariff 1 running mile x 1.5, that the proposals for a tariff 4 and a tariff 5 as contained in the Draft Tariff should be retained but with the running mile for tariff 4 being the tariff 1 running mile x 2, and the running mile for tariff 5 should being the new tariff 2 running mile x 2.  The flagfalls for tariffs 4 and 5 should be the same as for tariff 3. The booking fee also to be increased to £1.

Before a vote between the motion and the amendment was taken, it was clarified that, in respect of the flagfall figures, both the motion and the amendment supported no change to the current flagfall for tariffs 1, 2 and 3 and supported the flagfall for new tariffs 4 and 5 being set at the same figure as the flagfall for tariff 3.    

For the motion (5):

Mrs J Barclay, Dr I Cockburn,. Mr G Cruickshank, Mrs E Knox and Mr W MacKay.

For the amendment (7):

Mrs J Barclay, Mr J Bruce, Mr A Jarvie, Mr D Macpherson, Mrs P Munro, Mr K Rosie and Mr C Smith.

The terms of the AMENDMENT in respect of changes to tariffs 2 and 3 introduction of new tariffs 4 and 5 therefore became the finding of the meeting.

In respect of other changes which had been included in the Draft Tariff which had been consulted on, it was further AGREED

• that the booking ahead charge should be increased from 50p to £1, and
• that the “Extra Charges” section should also include provision that any airport car parking charges incurred may be charged on production of a receipt to the hirer.

The Committee thereafter AGREED to implement the above changes to the current tariff with effect from 19 November 2018 as recommended in the report, subject to any appeal being lodged.

The Senior Licensing Officer clarified the reason the implementation date had been set at 19 November 2018. He further advised that in accordance with the Civic Government (Scotland) Act 1982, a letter would now be sent to all taxi operators advising them of the outcome and of their right of appeal to the Traffic Commissioner within 14 days of the date of the meeting.  If no appeal is lodged an advert will be inserted in a local paper informing the public of the new tariff and its commencement date.  The timescale would ensure that Trading Standards had time to mark out and set up revised test tracks in the various areas of the Council and also that they had sufficient officers available to carry out the meter testing as quickly and efficiently as possible. 

Footnote to item 11:

The yardage adjustments to the current tariff (necessary to reflect the Committee’s decision on revised running mile charges as set out above) were calculated after the meeting, with the effect as follows:

Tariff 1: £4.00 for the first mile, £1.80 per mile thereafter. Applies to vehicles carrying up to 4 passengers, except when a higher tariff applies.

Tariff 2: £4.90 for the first mile, £2.30 per mile thereafter. Applies to vehicles carrying up to 4 passengers on Good Friday, Easter Monday or May Day and, except when a higher tariff applies, between 9.00 pm and 7.00 am on any day and all day on Saturday and Sunday.  When 5 or more passengers are being carried, it also applies at any time of any day or night, except where a higher tariff applies.

Tariff 3: £6.00 for the first mile, £2.70 per mile thereafter. Applies between 6.00 am and midnight on both Boxing Day and 2nd January. When 5 or more passengers are being carried, and except where Tariff 5 applies, it also applies between 9.00 pm and 7.00 am, all day on Saturday and Sunday and on Good Friday, Easter Monday and May Day.

Tariff 4: £6.60 for the first mile, £3.60 per mile thereafter. Applies to vehicles carrying up to 4 passengers at any time between 6.00 pm on Christmas Eve and 6.00 am on Boxing Day and between 6.00 pm on New Year’s Eve and 6.00 am on 2 January.

Tariff 5: £7.30 for the first mile plus £4.50 per thereafter. Applies to vehicles carrying 5 or more passengers at any time between 6.00 pm on Christmas Eve and 6.00 am on Boxing Day and between 6.00 pm on New Year’s Eve and 6.00 am on 2 January.

The meeting closed at 12.30 pm.