Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 4 December 2018 at 10.00 am.

Present:

Dr I Cockburn, Mrs J Barclay, Mr J Bruce, Mrs E Knox, Mrs L MacDonald, Mr W Mackay (by video conference from Wick), Mr D Macpherson, Mrs P Munro, Mr K Rosie.

In attendance:

Miss C McArthur, Solicitor (Regulatory Services)
Mr M Elsey, Senior Licensing Officer
Ms A MacRae, Committee Administrator

Also attending:

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

Item 9.1   – Mr B Reid and Ms K Brimm
Item 11.1 – Mr N Nicholson
Item 11.3 – Mr B Reid and Mr P Taylor

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 G Cruickshank, Mr A Jarvie and Mr C Smith. 

2.  Declarations of interest
Foillseachaidhean Com-pàirt

Item 7.1: Mr K Rosie

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 6 November 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/077/18 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 25 October 2018 to 21 November 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/078/18 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   
Amendment to second hand dealer’s and second hand vehicle dealer’s standard conditions of licence
Achd Riaghaltais Chatharra (Alba) 1982
Atharrachadh do chumhaichean coitcheann ceadachd luchd-malairt ath-làimhe agus luchd-malairt charbadan ath-làimhe

There had been circulated Report No HLC/079/18  by the Principal Solicitor relating to the Council’s standard conditions to which all second hand dealer and second hand dealer vehicle licences are subject. 

The Committee AGREED:

1.  to modify the standard conditions as proposed in the report

2.  that the standard conditions as so modified will be applied to all future, new or renewal applications for second hand dealer’s and second hand vehicle dealer’s licences; and

3.  that delegated powers be granted to the Principal Solicitor and the Solicitor, Regulatory Services, subject to there being no objection or adverse representation from Police Scotland, to vary existing licences to include the standard conditions as so modified in the event that existing licence holders should so request in writing.

Condition 3.1 of the SHD licence and Condition 2.1 of SHVD licence to be amended to read as follows:

“The register must be in the form of a properly bound book with consecutively numbered pages, or held by means of a device for storing and processing information, or in another form approved by the Council and each item purchased by the licence holder must be numbered.  Where the register is held by means of a device for storing and processing information, the licence holder must, by means of the device or otherwise, keep details of all modifications made in the records kept by the device.”

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: Pulteney Centre, Huddart Street, Wick

Mr K Rosie declared a non-financial interest in this application and left the chamber for the duration of this item.

There had been circulated Report No HLC/080/18 by the Principal Solicitor relating to an application for a public entertainment licence for Pulteney Centre, Huddart Street, Wick by Pulteneytown People’s Project.  Environmental Services had advised that they were awaiting an electrical certificate.

The Senior Licensing Officer advised that the applicant was unable to attend the meeting but had confirmed that the electrical testing at the premises would be completed by 9 December 2018.

The Chair proposed that Members agree to Option 1 set out in the Principal Solicitor’s report which was to grant the application with an additional condition attached to the effect that no public entertainment activities should take place until a satisfactory electrical certificate was received.  This would ensure that there was no dubiety as to whether they can carry on public entertainment activities before the required electrical certification has been provided.

Mr W Mackay moved Option 2 as set out in the report which was to grant delegated powers to the Principal Solicitor to refuse the application if the electrical certificate had not been received by 25 December 2018, but on failing to find a seconder the motion fell.

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

8.  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

8.1  Application for grant of a private hire car driver’s licence – Cristian Popescu

There had been circulated to members only Report No HLC/081/18 by the Principal Solicitor relating to an application which had been received from Cristian Popescu for the grant of a private hire car 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 POWERS to the Principal Solicitor to grant the application for a private hire car driver’s licence subject to standard conditions if the applicant (1) undergoes a satisfactory right to work check and (2) submits a satisfactory foreign conviction check, both by 18 January 2019, but otherwise to refuse the application.

9.  Civic Government (Scotland) Act 1982   
Second hand dealer’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan luchd-malairt ath-làimhe

9.1  Premises: Rowan Cottage, Strathkanaird, Ullapool, IV26 2TP

There had been circulated Report No HLC/082/18 by the Principal Solicitor relating to an application for a second hand vehicle dealer’s licence by Clear Blue Day Limited for premises at Rowan Cottage, Strathkanaird, Ullapool, IV26 2TP.  The applicant had requested (1) an exemption from the rules set out in section 25(1) of the Act - specifically the requirement not to dispose of/ sell any items purchased within the preceding 48 hour period and having to store the items at their premises during this period; and (2) an amendment of the standard condition to enable the applicant to keep computerised/electronic records of purchases and sales rather than keeping these records in a bound ledger.  A copy of the letter was attached to the report.

The Committee heard from the applicants in relation to the application and their request for exemptions during which they referred Members to the terms of their letter dated 15 October 2018, a copy of which was appended to the Principal Solicitor’s report.

In discussion, it was suggested that the exemptions being sought should be granted given the challenges faced by the applicants faced in relation to the location of the premises, the fact transactions were often done off premises and the significant travel distances involved.

The Committee AGREED to GRANT the application for a second hand dealer’s licence subject to (1) the standard condition at 3.1 being amended (to enable the applicant to keep computerised/electronic records of purchases and sales rather than keeping these records in a bound ledger) to now read as follows:

“The register must be in the form of a properly bound book with consecutively numbered pages, or held by means of a device for storing and processing information, or in another form approved by the Council and each item purchased by the licence holder must be numbered.  Where the register is held by means of a device for storing and processing information, the licence holder must, by means of the device or otherwise, keep details of all modifications made in the records kept by the device.”

and (2) an exemption from the rules set out in s.25(1) of the Act, specifically the requirement not to dispose of/sell any items purchased within the preceding 48 hour period and having to store the items at their premises during this period, therefore deleting condition 3.4 from the licence conditions.

10.  The Committee is asked to resolve 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.

11.  Civic Government (Scotland) Act 1982
Applications for taxi and 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 renewal of a taxi driver’s licence – Nigel Nicholson

There had been circulated to members only Report No HLC/083/18 by the Principal Solicitor relating to an application which had been received from Nigel Nicholson for the renewal of a taxi driver’s licence.  The applicant had received a further endorsement on his licence.  The applicant had also yet to undertake an Immigration Act – Right to Work check.

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

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

11.2  Taxi driver’s licence – Norman Allan

There had been circulated to members only Report No HLC/084/18 by the Principal Solicitor relating to Norman Allan who was the holder of a taxi driver’s licence.   The Senior Licensing Officer advised that the licence holder had informed the Council that due to medical reasons he no longer met the Group 2 (PSV) standard.

The applicant did not attend.

The Committee AGREED to SUSPEND the taxi driver’s licence with immediate effect and for the remaining portion of the duration of the licence on the ground that, the carrying on of the activity to which the licence relates is likely to cause a threat to public safety and that the applicant is no longer a fit and proper person to hold a licence.  It was further agreed to GRANT DELEGATED AUTHORITY to the Principal Solicitor – Regulatory Services to recall the suspension if, during the period of the suspension, the Licensing Authority receives confirmation that the licence holder [text removed from web version in compliance with Data Protection Act 1998].

Members also noted the fact that the applicant’s taxi driver’s licence was due to expire on 2 January 2019 and it was unlikely that he would be medically fit prior to this date. [text removed from web version in compliance with Data Protection Act 1998].  The Committee therefore AGREED to remove the requirement for the applicant to re-sit the knowledge test should he have to apply for a new licence rather than be in a position to apply for a renewal of his current licence.

11.3  Taxi driver’s licence – Brian Reid

There had been circulated to members only Report No HLC/085/18 by the Principal Solicitor relating to Brian Reid who was the holder of a taxi driver’s licence.  The licence holder had informed the Council of a recent medical condition.  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 Committee heard from the applicant in relation to the application.

The Committee AGREED to SUSPEND the taxi driver’s licence with immediate effect and for the remaining portion of the duration of the licence on the ground that, the carrying on of the activity to which the licence relates is likely to cause a threat to public safety and that the licence holder is no longer a fit and proper person to hold a licence.  It was further agreed to GRANT DELEGATED AUTHORITY to the Principal Solicitor – Regulatory Services to recall the suspension if, during the period of the suspension, the Licensing Authority receives confirmation that the licence holder [text removed from web version in compliance with Data Protection Act 1998].

11.4  Taxi driver’s licence – Norman Reid

There had been circulated to members only Report No HLC/086/18 by the Principal Solicitor relating to Norman Reid who was the holder of a taxi driver’s licence. The licence holder had informed the Council of a recent medical condition.   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 did not attend.

The Committee AGREED to SUSPEND the taxi driver’s licence with immediate effect and for the remaining portion of the duration of the licence on the ground that, the carrying on of the activity to which the licence relates is likely to cause a threat to public safety and that the licence holder is no longer a fit and proper person to hold a licence.  It was further agreed to GRANT DELEGATED AUTHORITY to the Principal Solicitor – Regulatory Services to recall the suspension if, during the period of the suspension, the Licensing Authority receives confirmation that the licence holder is [text removed from web version in compliance with Data Protection Act 1998].

11.5  Taxi driver’s licence – Malcolm J R MacLean

There had been circulated to members only Report No HLC/087/18 by the Principal Solicitor relating to Malcolm J R MacLean who was the holder of a taxi driver’s licence.  The licence holder had informed the Council of a recent medical condition.  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 did not attend.

The Committee AGREED to SUSPEND the taxi driver’s licence with immediate effect and for the remaining portion of the duration of the licence on the ground that, the carrying on of the activity to which the licence relates is likely to cause a threat to public safety and that the licence holder is no longer a fit and proper person to hold a licence.  It was further agreed to GRANT DELEGATED AUTHORITY to the Principal Solicitor – Regulatory Services to recall the suspension if, during the period of the suspension, the Licensing Authority receives confirmation that the licence holder [text removed from web version in compliance with Data Protection Act 1998].

The meeting closed at 10.35am.