Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 19 February 2019 at 10.00 am.

Present:

Mrs J Barclay, Mr J Bruce, Mr G Cruickshank, Mrs L MacDonald, Mr W Mackay (by video conference from Wick), Mr D Macpherson, Mrs P Munro and Mr C Smith.

In attendance:

Mrs K Lyons, Principal Solicitor  
Mr M Elsey, Senior Licensing Officer
Mrs A MacArthur, Administrative Assistant

Also attending:

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

Item 9.1 – Mr H Rashid, applicant and Mr Fraser, representative
Item 11.1- Mr I Ahmed, licence holder and Mr Smith, solicitor for the 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

Apologies for absence were received from Dr I Cockburn, Mrs E Knox and Mr K Rosie. 

2.  Declarations of interest
Foillseachaidhean Com-pàirt

Item 6.1 – Duncan Macpherson (non-financial)

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 18 January 2019 which was APPROVED.

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

There had been circulated Report No HLC/009/19 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 8 January 2019 to 6 February 2019.

The Committee NOTED the report.

5.  Pending applications – 3 monthly considerations                      
Iarrtasan ri thighinn – beachdachaidhean 3 mìosach

There had been circulated Report No HLC/010/19 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
Applications for a public entertainment licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachd aoigheachd phoblaich

6.1  Premises: Nairn Leisure Centre, Marine Road, Nairn

There had been circulated Report No HLC/011/19 by the Principal Solicitor relating to an application for a public entertainment licence for Nairn Leisure Centre, Marine Road, Nairn by Highlife Highland (Nairn Ward).  Environmental Health had advised that they were awaiting confirmation of a valid minor works certificate, an electrical installation certificate and confirmation that the lift slings had been replaced.

The applicant did not attend.

The Committee NOTED that (1) a satisfactory minor works certificate, (2) a satisfactory updated electrical certificate and (3) written confirmation that the lift slings for the hoist had been replaced had all been received and that the licence could now be issued under delegated powers.

7.  Civic Government (Scotland) Act 1982
Application for skin piercing or tattooing licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd tolladh craicinn no tatùthadh

7.1  Premises: Conduit Arts, 10 Stephen’s Brae, Inverness

There had been circulated Report No HLC/012/19 by the Principal Solicitor relating to an application for a skin piercing or tattooing licence for Conduit Arts, 10 Stephen’s Brae, Inverness by Conduit Arts (Inverness Central Ward). The applicant had yet to submit a valid electrical certificate and was also required to display a notice at the premises and thereafter submit a certificate of compliance, this certificate had also not been received.   

The applicant did not attend.

The Committee AGREED to REFUSE the renewal application for a skin piercing and tattooing licence on the grounds that by not submitting an electrical certificate in respect of the premises, the Highland Licensing Committee cannot be satisfied as to the condition of the premises and consequently the possible risk to public safety as set out in paragraph 5(3)(c) of Schedule 1 of the Civic Government (Scotland) Act 1982.

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

8.1  Application for window cleaner’s licence – Nathan Foy

There had been circulated Report No HLC/013/19 by the Principal Solicitor relating to an application from Nathan Foy for a window cleaner’s licence (Inverness South Ward).  The applicant had yet to submit confirmation of his public liability insurance cover. 

The applicant did not attend.

The Committee AGREED to GRANT delegated powers to the Principal Solicitor to grant the renewal of the window cleaner’s licence should the applicant submit to the Council a satisfactory policy of insurance for third party indemnity to the value of at least £2 million by 28 February 2019.  Failing which, to GRANT delegated powers to the Principal Solicitor to refuse the renewal application should the applicant not provide the said policy of insurance by the same date.

9.  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

9.1  Application for renewal of taxi operator’s licence – Harunur Rashid

There had been circulated Report No HLC/014/19 by the Principal Solicitor relating to an application which had been received from Harunur Rashid for the renewal of his taxi operator’s licence (Inverness Ness-side Ward).  The applicant had yet to submit vehicle insurance documentation. 

The Committee heard from the applicant’s representative who advised that Mr Rashid was in the process of purchasing a new vehicle. The Committee were advised that this new vehicle would require to undergo a Council vehicle inspection and a meter test. Mr Rashid would also require to submit a satisfactory insurance certificate and MOT certificate (if applicable) prior to the vehicle being licensed. 

The Committee AGREED to GRANT delegated powers to the Principal Solicitor to grant the renewal application for a taxi operator’s licence should the applicant (1) present his new vehicle for inspection and receive confirmation that it has passed, (2) had the taxi meter tested and sealed by the Trading Standards Service and (3) provided a satisfactory insurance certificate and MOT certificate (if applicable) all by 27 March 2019.  Failing which, to GRANT delegated powers to the Principal Solicitor to refuse the renewal application should the applicant not comply with all of the above-mentioned matters by the same date.

10.  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.

11.  Civic Government (Scotland) Act 1982
Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Dhràibhearan / Oibrichean Tagsaidh

11.1  Licensed taxi driver – Imran Ahmed

There had been circulated to members only Report No HLC/015/19 by the Principal Solicitor relating to Imran Ahmed the holder of a taxi driver’s licence (Dingwall and Seaforth Ward).  A letter had been received from Police Scotland requesting the immediate suspension of Mr Ahmed’s licence.  The Principal Solicitor, with the agreement of the Head of Corporate Governance and Police Scotland, had thereafter suspended Mr Ahmed’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982.

Mr Smith, the applicant’s solicitor, had produced a written reference for Mr Ahmed which was circulated to Members.  He thereafter proceeded to outline the details of the incident involving his client. 

The Police representative present intimated to the Committee that he was unable to provide any further information, other than what was in his letter, as [text removed from web version in compliance with Data Protection Act 1998]. 

The Committee AGREED to lift the suspension on the taxi driver’s licence on the basis that they did not consider that carrying out of the activity to which the licence related by the licence holder was likely to cause a threat to public safety.

The meeting closed at 10.30 am.