Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 14 May 2019 at 10.00 am.

Present:

Dr I Cockburn (Chair), Mrs J Barclay, Mr J Bruce, Mr G Cruickshank, Mrs E Knox, Mrs L MacDonald (Vice-Chair), Mr W Mackay (by video conference from Wick), Mr D Macpherson, Mr K Rosie and Mr C Smith.

In attendance:

Miss C McArthur, Principal Solicitor (Regulatory Services)
Mr M Elsey, Senior Licensing Officer
Mrs A MacArthur, Administrative Assistant

Also attending:

Sergeant B Gray, Police Scotland

Item 6.1 – Mr W Micklethwait, applicant
Item 9.1 – Mr S Ross, applicant and Ms L Mitchell, applicant’s solicitor
Item 10.1 – Mr M MacDonald, applicant
Item 11.1 – Ms J Ronald, licence holder and Ms F Cameron.
Item 12.1 – Mr R Robinson and Ms E Murray, representative
Item 12.2 – Mr G Wright, licence holder, Mrs D Wright and Mr I Cahill, solicitor

The 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 Mr A Jarvie and Mrs P Munro. 

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 April 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/023/19 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 21 March 2019 to 1 May 2019.

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

There had been circulated Report No HLC/024/19 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:  Inshriach House, Inshriach Farm, Near Aviemore

There had been circulated Report No HLC/025/19 by the Principal Solicitor relating to an application for a public entertainment licence for Inshriach House, Inshriach Farm, Near Aviemore by Inshriach Distilling Ltd.  Both Environmental Health and Building Standards were awaiting outstanding documentation and  further confirmation of medical provision had also yet to be received. 

The applicant advised that the outstanding Building Standards requirements had been completed and the electrical certificate and the gas certificate had also recently been issued.  The documentation be forwarded to the licensing office in due course.

The Committee AGREED to GRANT the application for a public entertainment licence subject to the standard conditions but with an additional condition that no public entertainment activities should take place until (1) Building Standards have issued a completion certificate for the permanent structure (2) Environmental Health have received a satisfactory electrical certificate and gas safety certificate and (3) confirmation has been submitted to the licensing authority of adequate medical provision.

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

7.1  Application for taxi driver’s licence – Niall Cavaye 

There had been circulated Report No HLC/026/19 by the Principal Solicitor relating to an application for the grant of a taxi driver’s licence from Niall Cavaye.  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 for a taxi driver’s licence subject to standard conditions if the applicant (1) undergoes a satisfactory right to work check and (2) sits and passes the Council’s taxi driver’s knowledge test by 28 May 2019, but otherwise to refuse the application.

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.

Mr W MacKay advised that he had not received the pink papers for the remainder of the meeting and left the meeting at this point.

9.  Antisocial Behaviour etc (Scotland) Act 2004
Private landlord registration
Achd Dol A-mach Mì-shòisealta (Alba) 2004
Clàradh Uachdarain Phrìobhaidich – Brathan Ùnnlagh Màil

9.1  Application for renewal of registration in the register of private landlords – Scott Ross

There had been circulated to members only Report No HLC/027/19 by the Principal Solicitor relating to an application for renewal of a private landlord registration by Scott Ross.  A letter of objection had been received from Police Scotland. 

Ms L Mitchell, letting agent attended on behalf of Mr S Ross.

Ms L Mitchell advised that she would manage the property on behalf of Mr S Ross.

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

Ms L Mitchell advised that she had only just been made aware of the circumstances of the Police objection in the last few days.  The applicant would not be involved in the letting of the properties and she would be the contact for any prospective tenant.  She advised that she would liaise with the joint owner and would be solely responsible for the management of the property. 

It was confirmed that the applicant had been a registered landlord since 2015 and there had been no issues in relation to his duties as a landlord.

Dr I Cockburn, seconded by Mrs L MacDonald, moved that the renewal application be granted.

Mrs E Knox, seconded by Mr D Macpherson, moved as an amendment that the application for renewal be refused on the grounds that the applicant was not a fit and proper person to hold a licence. 

For the motion (5):

Mr J Bruce, Dr I Cockburn, Mr G Cruickshank, Mrs L MacDonald and Mr K Rosie

For the amendment (4):

Mrs J Barclay, Mrs E Knox, Mr D Macpherson and Mr C Smith

The Committee therefore AGREED to APPROVE the renewal application for registration in the register of private landlords on the basis that the property would not be managed by Mr Ross and instead managed by a registered letting agent.

Mr Ross has declared Laura Mitchell from Choice Lettings as his agent within his renewal application.

10.  Civic Government (Scotland) Act 1982
Window cleaner’s licence 
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan luchd-glanaidh uinneagan

10.1  Application for a window cleaner’s licence – Murdo MacDonald

There had been circulated to members only Report No HLC/028/19 by the Principal Solicitor relating to an application which has been received from Murdo MacDonald for the grant of a window cleaner’s licence.

Mr MacDonald, applicant spoke in relation to his application.  

The Committee AGREED to GRANT a window cleaner’s licence subject to the standard conditions.

11.  Civic Government (Scotland) Act 1982
Private Hire Car Driver’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachd Dràibhear Càir airson Fastadh Prìobhaideach

11.1  Private hire car driver’s licence – Janet Ronald

There had been circulated to members only Report No HLC/029/19 by the Principal Solicitor relating to Janet Ronald, the holder of a private hire car driver’s licence.  Following a letter from Cairn Medical Practice, the Principal Solicitor, with the agreement of the Head of Corporate Governance had thereafter immediately suspended Mrs Ronald’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982.

Mrs J Ronald, applicant and Ms F Cameron attended.

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

The Committee AGREED to SUSPEND the private hire car driver’s licence with immediate effect and for the remaining 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 medical advice received from Cairn Medical Practice that Mrs Ronald doesn’t meet the required Group 2 (PSV) medical standard 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 Mrs Ronald is medically fit to meet the Group 2 (PSV) medical standard.

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

12.1  Taxi driver’s licence – Robert Robinson

There had been circulated to members only Report No HLC/030/19 by the Principal Solicitor relating to Robert Robinson, the holder of a taxi driver’s licence.  A letter had been received from Police Scotland requesting the immediate suspension of Mr Robinson’s licence.  The Principal Solicitor, with the agreement of the Head of Corporate Governance, had thereafter suspended Mr Robinson’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982.

Mr Robinson presented several written references from customers and his employer and these were circulated to Members.

The Committee then heard from the licence holder and the Police.

Following discussion, the Committee AGREED to SUSPEND the taxi driver’s licence with immediate effect and for the remaining 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, [text removed from web version in compliance with Data Protection Act 1998].

12.2    Taxi driver’s/operator’s licence – Gerard Wright

There had been circulated to members only Report No HLC/031/19 by the Principal Solicitor relating to Gerard Wright, the holder of a taxi driver’s licence and two taxi operators licences.  Following a letter from the Aviemore Medical Practice, the Principal Solicitor, with the agreement of the Head of Corporate Governance, had thereafter suspended Mr Wright’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982.

Mr G Wright, licence holder, Mrs D Wright, applicant’s spouse and Mr Iain Cahill, solicitor attended. 

The licence holder’s solicitor stated that Mr Wright had been through a very difficult time but Mr Wright was engaging fully with professionals..  Members were further advised that the DVLA had not revoked his driving licence, however, Mr Wright had not been driving vehicles in any capacity.  The licence holder’s solicitor stated that Mr Wright was a fit and proper person and he had no previous convictions.

The Committee  AGREED to SUSPEND the taxi driver’s licence with immediate effect and for the remaining 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 medical advice received from Cairn Medical Practice that Mr Wright doesn’t meet the required Group 2 (PSV) medical standard, 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.

Members also noted the fact that Mr Wright’s taxi driver’s licence was due to expire on 29 May 2019 and it was unlikely that he would be medically fit prior to this date and it would therefore not be advisable for the applicant to submit his renewal application.  He should instead re-apply for a new licence when he is able to confirm that he meets the Group 2 (PSV) medical standard.  Members 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.

The Committee further agreed to LIFT THE SUSPENSION on the two taxi operators licences on the basis that they did not consider that carrying out of the activity to which the licence relates by the licence holder is likely to cause a threat to public safety.

The meeting closed at 12.05 pm.