Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 6 November 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 from Wick), Mr D Macpherson (excluding items 1 – 3), Mrs P Munro and Mr K Rosie.

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 B Gray, Police Scotland

Item 10.1 – Mr J Foy, applicant
Item 11.1 – Mr P Pachana, applicant
Item 12.1 – Mr K MacKay, applicant
Item 12.2 – Mr J Dickson

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 Mr C Smith. 

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 2 October 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/068/18 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 19 September 2018 to 24 October 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/069/18 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 – Ivy Cottage, Insh, Kingussie

There had been circulated Report No HLC/070/18 by the Principal Solicitor relating to the renewal of a house in multiple occupation licence from the Royal Society for the Protection of Birds in respect of premises at Ivy Cottage, Insh, Kingussie.  Building Standards had advised that they were awaiting documentation in relation to the solid fuel stove and oil boiler. 

The applicant did not attend.

The Committee AGREED to GRANT the application subject to an additional condition that the premises shall not be operated as an HMO until Building Standards have received the required certification in respect of the combustion air requirements for the solid fuel stove and oil boiler and have confirmed that they have no further objections.

7.  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

7.1  Application for grant of a taxi driver’s licence – Calum Morrison

There had been circulated Report No HLC/071/18 by the Principal Solicitor relating to an application which had been received from Calum Morrison 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 applicant did not attend.

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor to grant the application should the applicant (1) undertake and pass a right to work check, and (2) sit and pass the Council’s taxi driver’s knowledge test, both by 26 November 2018, but otherwise to refuse the application.

8.  Civic Government (Scotland) Act 1982
Application for market operator licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachas obraiche margaidh

8.1  Application for grant of a market operator’s licence – Continental Market Limited

There had been circulated Report No HLC/072/18 by the Principal Solicitor relating to an application which had been received from Continental Market Limited for the grant of a market operator’s licence.  The applicant had not submitted confirmation that they had displayed the statutory public notice nor submitted public liability insurance documentation. 

The applicant did not attend.

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor to grant the application should the applicant (1) submit a copy of their Public Liability Insurance (2) confirm trading dates and (3) confirm that the public notice has been displayed for a period of 21 consecutive days at or near the market site, all by 20 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.  Civic Government (Scotland) Act 1982
Application for a window cleaner’s licence
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan luchd-glanaidh uinneagan

10.1  Application for grant of a window cleaner’s licence – Joseph Foy

There had been circulated to members only Report No HLC/073/18 by the Principal Solicitor relating to an application from Joseph Foy for a window cleaner’s licence.  

The Committee heard from the applicant.

The Committee AGREED to GRANT the application 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 private hire car driver’s licence – Patryk Pachana

There had been circulated to members only Report No HLC/074/18 by the Principal Solicitor relating to an application which had been received from Patryk Pachana 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 application.

The Committee AGREED to GRANT the application subject to standard conditions.

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 the grant of taxi driver’s licence – Kevin MacKay

There had been circulated to members only Report No HLC/075/18 by the Principal Solicitor relating to an application which had been received from Kevin MacKay for the grant of a taxi driver’s licence.  A letter of representation had been received from Police Scotland.  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 and the Police in relation to the application.

The Committee AGREED to GRANT the application subject to the applicant (1) undertaking and passing a right to work check and (2) undertaking and passing the Council’s taxi driver knowledge test, all by 9 June 2019.  Delegated powers were granted to the Principal Solicitor to refuse the application should the applicant not comply with these requirements.

12.2    Application for taxi driver’s licence – Joseph Dickson

There had been circulated to members only Report No HLC/076/18 by the Principal Solicitor relating to an application which had been received from Joseph Dickson 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 and the Police in relation to the application.

Mr A Jarvie, seconded by Mr G Cruickshank, moved that the application be refused on the ground that, [text removed from web version in compliance with Data Protection Act 1998]the applicant was not a fit and proper person to hold a taxi driver’s licence.

Mr K Rosie, seconded by Mrs L MacDonald, moved as an amendment that the licence be granted under delegated powers subject to a right to work check and undertaking and passing the taxi driver’s knowledge test. 

For the motion (2):

Mr A Jarvie and Mr G Cruickshank.

For the amendment (9):

Dr I Cockburn, Mrs J Barclay, Mr J Bruce, Mrs E Knox, Mrs L MacDonald, Mr W Mackay, Mr D Macpherson, Mrs P Munro and Mr K Rosie.

The Committee therefore AGREED to GRANT the application subject to the applicant (1) undertaking and passing a right to work check, and (2) undertaking and passing the Council’s taxi driver’s knowledge test, all by 3 February 2019.  Delegated powers were granted to the Principal Solicitor to refuse the application should the applicant not comply with these requirements.

 The meeting closed at 11.45 am.