Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 2 April 2019 at 10.00 am.

Present:

Mrs J Barclay, Mr J Bruce, Mr G Cruickshank, Mr A Jarvie, Mrs L MacDonald (Vice- Chair), Mr W Mackay (by video conference from Wick), Mr D Macpherson, Mrs P Munro, Mr K Rosie and Mr C Smith.

In attendance:

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

Also attending:

Sergeant R Ross, Police Scotland
Mr J Williamson, Police Scotland

The Vice-Chair 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 and Ms E Knox. 

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 19 February 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/016/19 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 7 February 2019 to 20 March 2019.

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

There had been circulated Report No HLC/017/19 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
Public Entertainment Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Aoigheachd Phoblaich

6.1  Premises: Nairn Highland Games, The Links, Nairn

There had been circulated Report No HLC/018/19 by the Principal Solicitor relating to an application for a public entertainment licence for Nairn Highland Games, The Links, Nairn by the Nairn Games Committee (Nairn and Cawdor Ward).  Environmental Health had advised that they were awaiting up to date documentation in relation to risk assessments and the health and safety policy.

The applicants did not attend.

The Committee NOTED that an up to date risk assessment and health and safety policy had now been received and that the licence could now be issued under delegated powers.

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

7.1  Premises – 29 Sluggans Drive, Portree, Isle of Skye, IV51 9EQ

There had been circulated Report No HLC/019/19 by the Principal Solicitor relating to the grant of a house in multiple occupation licence from Seabreezes Ltd in respect of premises at 29 Sluggans Drive, Portree, Isle of Skye, IV51 9EQ (Eilean a’ Cheò Ward).  Environmental Health had submitted a Schedule of Non-Compliance following their visit to the premises on 10 May 2018. Confirmation of completion of the works detailed in the Non-Compliance Notice had yet to be received.

The applicants did not attend.

The Committee NOTED that the plans of the premises, a satisfactory electrical installation certificate, a satisfactory PAT testing certificate, confirmation that the site notice has been displayed for a period of 21 days, the insurance policy for the premises and a suitable tenancy agreement had all now been received and that the licence could now be issued under delegated powers.

7.2  Premises – 14 Fingal Place, Portree, Isle of Skye, IV51 9ND

There had been circulated Report No HLC/020/19 by the Principal Solicitor relating to the grant of a House in Multiple Occupation Licence from Seabreezes Ltd in respect of premises at 14 Fingal Place, Portree, Isle of Skye, IV51 9ND (Eilean a’ Cheò Ward).  Environmental Health had submitted a Schedule of Non-Compliance following their visit to the premises on 10 May 2018. Confirmation of completion of the works detailed in the Non-Compliance Notice had yet to be received.

The applicants did not attend.

The Committee NOTED that the plans of the premises, a satisfactory electrical installation certificate, a satisfactory PAT testing certificate, confirmation that the site notice has been displayed for a period of 21 days, the insurance policy for the premises and a suitable tenancy agreement had all now been received and that the licence could now be issued under delegated powers.

8.  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 involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.

9.  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

9.1 Application for temporary private hire car driver’s licence – Kevin Clark

There had been circulated to members only Report No HLC/021/19 by the Principal Solicitor relating to an application which has been received from Kevin Clark for a temporary private hire car driver’s licence (Inverness West Ward).  A letter of objection had been received from Police Scotland. 

The applicant did not attend.

The Senior Licensing Officer advised that further information had been received from Police Scotland after the 28 day period for objections. He advised Members that they could consider the late submission if they were satisfied that there was sufficient reason why it was not made in the time required. 

Police Scotland’s advised that the reason for failing to submit their information timeously was due to the length of the process involved in producing an intelligence document to ensure it was a fair and accurate document and suitable for disclosure. The intelligence report was also considered to contain relevant information in relation to Members consideration as to whether the licence holder was a fit and proper person to hold a licence.

Members agreed to accept this as sufficient reason for the lateness of the submission and agreed to consider the information which was then circulated.

The Principal Solicitor provided an explanation in relation to the Committee’s consideration of intelligence and the appropriate weight to be given to the evidence presented   

The Committee then heard from Police Scotland in relation to the application.  

The Committee AGREED to REFUSE the application for a temporary private hire car driver’s licence under paragraph 5(3)(a)(ii) of Schedule 1 of the Civic Government (Scotland) Act 1982. on the basis that Mr Clark was not a fit and proper person to hold a licence [text removed from web version in compliance with Data Protection Act 1998].

10.  Civic Government (Scotland) Act 1982
Skin piercing or tattooing licences

10.1 Licence Holder – John Webb or Smith

There had been circulated to members only Report No HLC/022/19 by the Principal Solicitor relating to John Webb or Smith, the holder of a skin piercing or tattooing licence (Thurso and Northwest Caithness). The Principal Solicitor, with the agreement of the Head of Corporate Governance and Police Scotland, had thereafter suspended Mr Webb’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982.

The applicant did not attend.

The Committee heard from Police Scotland in relation to the application. 

The Committee AGREED to SUSPEND the skin piercing and tattoo licence with immediate effect and for the period up to the unexpired portion of the duration of the licence under paragraph 11(2)(a) and 11(2)(c) of Schedule 1 of the Civic Government (Scotland) Act 1982  on the ground that, by reason of
[text removed from web version in compliance with Data Protection Act 1998].

The meeting closed at 10.40 am.