Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 25 June 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), Mrs P Munro, 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
Mr J Williamson, Police Scotland

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 Dr I Cockburn and Mrs 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 14 May 2019 which was APPROVED.

Mr K Rosie advised that a licensing event had taken place in Wick over the weekend.  The Police had attended and the organisers stated that the Police had engaged with the crowd and it had been very well received.

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

There had been circulated Report No HLC/032/19 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 2 May 2019 to 12 June 2019.

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

There had been circulated Report No HLC/033/19 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: Invershin Village Hall, Invershin, Lairg

There had been circulated Report No HLC/034/19 by the Principal Solicitor relating to an application for a public entertainment licence for Invershin Village Hall, Invershin.  Environmental Health confirmed they would have no objections once a satisfactory electrical certificate had been submitted. 

The applicant did not attend.

The Committee AGREED to GRANT the application subject to an additional condition attached that no public entertainment activities can take place at the premises until a satisfactory electrical certificate has been received.

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 renewal of taxi operator’s licence – Northern Accident Management Ltd

There had been circulated Report No HLC/035/19 by the Principal Solicitor relating to an application which had been received from Northern Accident Management Ltd for the renewal of a taxi operator’s licence.  The Licensing Officer advised that a replacement vehicle had been sourced, had passed the Council’s taxi vehicle inspection and meter test and all relevant documents required to be submitted had been received and the licence had therefore been issued under delegated powers. 

The Committee NOTED that a replacement vehicle had been sourced, had passed the Council’s taxi vehicle inspection and meter test and all relevant documents required to be submitted had been received and therefore the licence had now been issued under delegated powers.

7.2  Application for the renewal of a taxi driver’s licence – John Fitzgerald

There had been circulated Report No HLC/036/19 by the Principal Solicitor relating to an application which had been received from John Fitzgerald for the renewal of a taxi driver’s licence.  Mr Fitzgerald had yet to undertake a right to work check.

The applicant did not attend.

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor – Regulatory Services to grant the application should Mr Fitzgerald undergo and pass a right to work check by 28 July 2019, but otherwise refuse the application under section 13(3A) of the Civic Government (Scotland) Act 1982 on the basis that the licensing authority cannot be satisfied that Mr Fitzgerald is not disqualified from working in the UK by reason of his immigration status.

7.3       Application for the grant of a taxi driver’s licence – Pawel Poziomecki

There had been circulated Report No HLC/037/19 by the Principal Solicitor relating to an application which has been received from Pawel Poziomecki for the grant of a taxi driver’s licence.  The applicant had yet to make an appointment to re-sit the taxi driver’s knowledge test.

The applicant did not attend.

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor – Regulatory Services to grant the application should Mr Poziomecki sit and pass the knowledge test (both the Highland wide section and the local section) by 5 August 2019, but otherwise refuse the application.

It was noted that Mr Poziomecki had another two attempts to pass the knowledge test by 5 August 2019.

8.  Civic Government (Scotland) Act 1982
Street Trader’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Luchd-malairt Sràide

8.1  Application for a street trader’s licence – John Harris Henderson

There had been circulated Report No HLC/038/19 by the Principal Solicitor relating to an application which has been received from John Harris Henderson for the grant of a street trader’s licence.  Environmental Health had yet to inspect the vehicle to be used in connection with the licence as the vehicle had still to be presented. 

The applicant did not attend.

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor – Regulatory Services to grant the application should (1) Mr Henderson present his vehicle to Environmental Health for an inspection and (2) the licensing authority receives confirmation that the vehicle has passed the inspection by 9 July 2019, but otherwise refuse the application under paragraph 5(3)(c) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the basis that the licensing authority cannot not be satisfied that the vehicle is suitable for the conduct of the activity based on its condition and consequently the possible risk to public safety.

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 involved 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
Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Dhràibhearan / Oibrichean Tagsaidh

10.1    Taxi driver’s licence – Andrew Wilson

There had been circulated to members only Report No HLC/039/19 by the Principal Solicitor relating to Andrew Wilson, the holder of a taxi 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 Mr Wilson’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 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 the contents of the doctor’s letter dated 1 May 2019, the Committee were satisfied that Mr Wilson is no longer a fit and proper person to hold this licence and that the carrying on of the activity to which the licence relates is likely to cause a threat to public safety.

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 from a GP that Mr Wilson is medically fit to meet the Group 2 (PSV) medical standard.

The meeting closed at 1015 pm.