Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 2 October 2018 at 10.00 am.

Present:

Mrs J Barclay (excluding items 1 – 6), Mr G Cruickshank (excluding items 7.1 - 12), Mrs E Knox, Mrs L MacDonald, Mr D Macpherson (excluding items 1 – 6 and 10.1) and Mrs P Munro.

In attendance:

Ms S Blease, Principal Solicitor (Regulatory Services)
Miss C McArthur, Solicitor (Regulatory Services)
Mr G McCormick, Senior Environmental Health Officer
Mr A Anderson, Technical Officer (HMO) Community Services
Mr M Elsey, Senior Licensing Officer
Mrs A MacArthur, Administrative Assistant

Also attending:

Sergeant B Gray, Police Scotland
Mr J Williamson, Police Scotland
PC L Cuthbertson, Police Scotland
PC A Naismith, Police Scotland
Ms L Matheson, Police Scotland

Item 6.1 – Mr D Hardie, applicant and Mrs J Hardie
Item 7.1 – Mrs L Murray, solicitor and Ms A Gilchrist, Manager, Highland Homeless Trust
Mrs L Harrison, Mrs V Right, Mrs S Carr, Mrs A MacKay, Mr A Carr and Mr S Carr, objectors
Item 10.1 – Mr A Mohamed, applicant and Mr B Fraser;
Dr A and Mrs M Foley, objectors, Dingwall Community Council
Item 11.1 – Mr J Gumban, applicant and Ms C Delostrinos
Item 11.3 – Mr A Chowdhury, licence holder

Due to technical difficulties this meeting was not webcast

Business

1.  Apologies for absence
Leisgeulan

Apologies for absence were received from Dr I Cockburn and Mr K Rosie. 

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 minutes of meeting of the Committee held on 7 August 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/058/18 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 26 July 2018 to 19 September 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/059/18 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.  Civic Government (Scotland) Act 1982
Application for street trader’s licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd neach-malairt sràide

6.1  Application for a street trader’s licence – Douglas Hardie

There had been circulated Report No HLC/060/18 by the Principal Solicitor relating to an application which had been received from Douglas Hardie for the grant of a street trader’s licence.  In terms of the street traders licensing policy, as the trader wished to trade within the Inverness Centre, the application required to be referred to the Committee for determination.

Mr Hardie stated that he operated the cake shop in Muir of Ord, the business was successful and he was looking to expand.  Trading from the proposed site in Falcon Square, Inverness would maintain his 16 employees over the winter. 

The Committee AGREED:

1. to grant delegated power to the Principal Solicitor to grant the application for a street trader’s licence subject to standard conditions if no objections are received by the expiry of the 28 day consultation period on 6 October 2018 and if the Environmental Health service have inspected the applicant’s catering unit and issued a certificate of compliance;
2. that the application be referred back to the Committee for determination in the event that any objections are received by 6 October 2018; and
3. to grant delegated power to the Principal Solicitor to grant applications for employee street trader licences made by any employee who would be trading and working for Mr Hardie (subject to the requirement to refer any such application to the Committee for determination if objections are received).

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

7.1  Premises – 38 Montague Row, Inverness

There had been circulated Report No HLC/061/18 by the Principal Solicitor relating to the renewal of a house in multiple occupation licence from the Highland Homeless Trust in respect of premises at 38 Montague Row, Inverness.   Environmental Health had inspected the premises and had no objections to the renewal of the licence.  Five letters of objection/ representation had been received and had been circulated with the report.

Mrs L Murray, Solicitor and Ms A Gilchrist, General Manager, Highland Homeless Trust were in attendance.  Mrs L Harrison, Mrs V Right, Mrs S Carr, Mrs A MacKay, Mr A Carr and Mr S Carr, were also in attendance to speak to their representations.  

Mrs L Murray stated that the Highland Homeless Trust was a charity and the premises provided tailored support for six young adults as a stepping stone from local authority care to independent living.  The home offered a stable and secure place for the youngsters with professionally trained supervisors on duty both day and night.  The accommodation operated a zero tolerance alcohol and drug policy, with visitors only permitted between 2 pm and 8 pm. 

Mrs L Murray further addressed the concerns of the neighbours and advised that the HHT would welcome meeting with neighbours and would encourage a continuing dialogue to address any concerns they may have.  The Manager would also encourage neighbours to phone the police should any incidents occur, as the young adults were there to learn acceptable behaviour patterns. 

The objectors outlined their concerns and confirmed that an open and continuing dialogue with the staff at the home would be beneficial. 

In response to concerns from objectors, Mrs Murray confirmed that all staff had qualified to SQ3 level and the manager was qualified to SQ4 level with additional leader and management qualifications.   

The Committee thereafter AGREED to grant the application for renewal of a licence for a house in multiple occupation subject to standard conditions.

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 renewal of a taxi driver’s licence – George Barnes

There had been circulated Report No HLC/062/18 by the Principal Solicitor relating to an application which had been received from George Barnes for the renewal of a taxi driver’s licence.  The applicant had yet to undertake an Immigration Act – Right to Work check.

The applicant did not attend.

The Committee AGREED to grant delegated power to the Principal Solicitor to grant the application for renewal of a taxi driver’s licence subject to standard conditions if the applicant undergoes a satisfactory right to work check by 29 October 2018 but otherwise to refuse the application.

8.2  Application for the grant of a taxi driver’s licence – Lesley O’Rourke

There had been circulated Report No HLC/063/18 by the Principal Solicitor relating to an application which had been received from Lesley O’Rourke 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.   Although the applicant had verbally withdrawn his application, written confirmation had not been received. 

The applicant did not attend.

The Committee AGREED to grant delegated power to the Principal Solicitor to grant the application for a taxi driver’s licence subject to standard conditions if the applicant passes the taxi driver knowledge test and undergoes a satisfactory right to work check by 5 November 2018 but otherwise 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.  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 – Flats 1, 4 and 5 Cruickshank Court, Dingwall, IV15 9GZ

There had been circulated Report No HLC/064/18 by the Principal Solicitor relating to the grant of house in multiple occupation licences from Mr Ali Mohamed in respect of premises at Flats 1, 4 and 5 Cruickshank  Court, Dingwall, IV15 9GZ. 

Mr A Mohamed, applicant and Mr B Fraser were in attendance.  Dr A and Mrs M Foley, objectors, also representing Dingwall Community Council were also in attendance. 

The applicant stated that he had four HMO’s in Inverness and had been operating for 10 years.  The Cruickshank building was aesthetically pleasing and met the criteria for a house in multiple occupation. 

Mr Foley then spoke to his objection.  He advised that the area surrounding the HMO was not well maintained and the derelict lemonade factory adjoining this property was in a poor state of repair.  He asked that Members refer to the outstanding court case following a joint operation carried out by Environmental Health, the Police, the Fire department, Immigration and HMO officers in 2017.   There were also outstanding works to be carried out for the Planning permission for these flats. 

The Clerk advised that Members could not take planning issues into account as licensing was a separate matter. 

Mr Mohamed responded to the objections by advising that a building warrant had been sought to demolish the now derelict Cruickshank lemonade factory.  He advised Members that the court case was outstanding and that would be defending it and was innocent until proven guilty.  He was a competent businessman with a large portfolio.

Police Scotland advised that following intelligence-led policing, Cruickshank Court had been identified as a potentially unlicensed HMO.  Following a joint operation carried out by Police, Environmental Health, HMO officers, the Fire Brigade and Immigration officers it had been found that 7 out of 9 flats within Cruickshank Court had operated as unlicensed HMO’s.  Following the operation the Highland Council had issued a rent suspension order for flats 2, 4, 5, 6, 7, 8 and 9 Cruickshank Court.  This matter had been reported to the Procurator Fiscal and as such further comment could not be made. 

Environmental Health officers advised that they had no further comments.  All the required inspections and works had been completed.  They had been involved in the checks last year and would review the HMO once the case had been heard. 

The Committee thereafter AGREED to grant the three applications for licences for houses in multiple occupation subject to standard conditions.

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 taxi driver’s licence – Jay Gumban

There had been circulated to members only Report No HLC/065/18 by the Principal Solicitor relating to an application which had been received from Jay Gumban for the grant of a taxi driver’s licence.  A letter of representation had been received from Police Scotland.  The applicant had also yet to undertake an Immigration Act – Right to Work check.

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

The Committee AGREED to grant delegated power to the Principal Solicitor to grant the application for a taxi driver’s licence subject to standard conditions if the applicant undergoes a satisfactory right to work check by 3 June 2019 but otherwise to refuse the application.

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

There had been circulated to members only Report No HLC/066/18 by the Principal Solicitor relating to Roy Sweeney who was the holder of a taxi operator’s and taxi driver’s licence.  A letter had been received from Police Scotland requesting the immediate suspension of Mr Stewart’s licence. 

Mr R Sweeney did not attend.

The Committee AGREED to suspend both the taxi operator’s licence and the taxi driver’s licence for their remaining duration and with immediate effect on the ground that, [text removed from web version in compliance with Data Protection Act 1998], the Committee were satisfied that Mr Sweeney is no longer a fit and proper person to hold either licence and that the carrying on of the activities to which the licences relate is likely to cause a threat to public safety.

11.3  Taxi operator’s and taxi driver’s licence – Anwar Chowdhury

There had been circulated to members only Report No HLC/067/18 by the Principal Solicitor relating to Anwar Chowdhury who was the holder of a taxi operator’s and taxi driver’s licence.  A letter had been received from Police Scotland requesting the immediate suspension of Mr Chowdhury’s licences.  The Principal Solicitor, with the agreement of the Head of Corporate Governance and Police Scotland, had thereafter suspended Mr Chowdhury’s licences under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982.

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

The Committee AGREED to suspend both the taxi operator’s licence and the taxi driver’s licence for their remaining duration and with immediate effect on the ground that, [text removed from web version in compliance with Data Protection Act 1998], the Committee were satisfied that Mr Chowdhury is no longer a fit and proper person to hold either licence and that the carrying on of the activities to which the licences relate is likely to cause a threat to public safety.

12.  Dates of Meetings in 2019
Cinn-latha Choinneamhan ann an 2019

The Committee NOTED the dates for meetings of the Committee in 2019, as agreed at The Highland Council on 6 September 2018. 

The meeting closed at 11.45 am.