Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 6 August 2019 at 10.00 am.

Present:

Dr I Cockburn, Mrs J Barclay, Mr J Bruce, Mr G Cruickshank, Mr A Jarvie, Mrs E Knox, Mrs L MacDonald (Vice-Chair), Mr D Macpherson (from item 6), Mrs P Munro Mr K Rosie and Mr C Smith.

In attendance:

Miss C McArthur, Principal Solicitor (Regulatory Services)
Mr I Meredith, Solicitor, Regulatory Services
Mr M Elsey, Senior Licensing Officer
Mr G MacCormick, Senior Environmental Health Officer
Mr B Cumming, Environmental Health Officer
Mrs A MacArthur, Administrative Assistant

Also attending:

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

Item 7.1 – Mr R Munro, applicant
Item 7.4 – Ms F Macintyre, applicant and Mr R Munro, representative
Item 11.1 - Mr J Fraser, applicant and Mr R Munro, representative.

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 W MacKay. 

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 25 June 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/040/19 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 13 June to 24 July 2019.

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

There had been circulated Report No HLC/041/19 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.  Air Weapons and Licensing (Scotland) Act 2015 - repeal of Theatres Act 1968
Achd Bhall-airm Adhair agus Cheadachd (Alba) 2015 – ais-ghairm Achd nan Taighean-cluiche 1968

There had been circulated Report No HLC/042/19 by the Principal Solicitor providing the Committee with an update on the implementation and changes to the licensing regime as a result of the Air Weapons and Licensing (Scotland) Act 2015. 

The Committee AGREED the terms of the consultation exercise for publication and noted the proposed approach and timeline for any potential inclusion of theatres within the public entertainment resolution.

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 operator’s licence – Culloden Ltd

There had been circulated Report No HLC/043/19 by the Principal Solicitor relating to an application which had been received from Culloden Ltd for the grant of a taxi operator’s licence (Culloden and Ardersier Ward).  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 advised that the vehicle would be confirmed and inspected before the 15 August 2019. 

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor, Regulatory Services to grant the application should the applicant (1) provide the Licensing Authority with details of the vehicle, (2) the said vehicle passes the Council’s taxi vehicle inspection and meter test and (3) the relevant vehicle documents are submitted, all by 15 August 2019 but otherwise to refuse the application under paragraph 5(3)(c) of the Civic
Government (Scotland) Act 1982 on the basis that the Licensing Authority cannot 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.

7.2  Application for the renewal of a taxi driver’s licence – Stuart Campbell

There had been circulated Report No HLC/044/19 by the Principal Solicitor relating to an application which had been received from Stuart Campbell for the renewal of a taxi driver’s licence (Inverness Central Ward).  Mr Campbell had now completed and passed a right to work check and the licence could be issued under delegated powers.

The applicant did not attend.

The Committee AGREED to NOTE that the applicant had now undertaken and passed his right to work check and the licence would now be issued under delegated powers.

7.3  Application for the grant of a taxi driver’s licence – Steven Fry

There had been circulated Report No HLC/045/19 by the Principal Solicitor relating to an application which had been received from Steven Fry for the grant of a taxi driver’s licence (Inverness Millburn Ward).  Mr Fry had intimated verbally that he wished to withdraw his application, however this had not been confirmed.  Mr Fry had yet to sit his 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 Fry sit and pass the knowledge test (both the Highland wide section and the local section) by 11 September 2019, but otherwise refuse the application.

7.4  Application for the grant of a taxi driver’s licence – Faith Macintyre

There had been circulated Report No HLC/046/19 by the Principal Solicitor relating to an application which had been received from Faith Macintyre for the grant of a taxi driver’s licence (Inverness South Ward).  A verbal update was provided in relation to this item and also a clarification was made to the report.  It was confirmed that paragraph 5.1 of the report should read that Ms Macintyre sat the knowledge test scoring 78% in the Highland wide section (pass mark is 75%) and 73% in the local section (pass mark is 85%).  She subsequently re-sat the local section scoring 80%. 

The applicant attended with her representative, Mr R Munro who was confident she could pass the knowledge test on her final attempt.

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor – Regulatory Services to grant the application should Ms McIntyre sit and pass the knowledge test (local section) by 20 September 2019, but otherwise refuse the application.

It was noted that Ms McIntyre had one attempt left to pass the knowledge test (local section) by 20 September 2019.

8.  Civic Government (Scotland) Act 1982 
Late hours catering licence
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Solarachaidh Uairean Anmoch –

8.1  Premises – Flamez Takeaway, 4-6 Drummond Street, Inverness

There had been circulated Report No HLC/047/19 by the Principal Solicitor relating to an application for the grant of a late hours catering licence in respect of premises at Flamez Takeaway, 4-6 Drummond Street, Inverness (Inverness Central Ward).  Environmental Health had advised that they were still awaiting updated certification and documentation in relation to this application.

The applicant did not attend.

The Senior Environmental Health Officer advised that ,at a recent visit, there had been significant improvements to the food hygiene and they had addressed the most significant issues. However, there were some issues still outstanding.  The electrical report had yet to be received and there had been no commitment to address the litter picking in the area of the premises in the evenings. 

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor, Regulatory Services to grant the application should the applicant:

1. submit a satisfactory electrical certificate
2. submit a satisfactory waste and litter management scheme
3. address the outstanding food hygiene issues to the satisfaction of the Environmental Health Service
4. pass an additional inspection by the Environmental Health Service

All the above outstanding points had to be completed by 19 September 2019, or otherwise the application would be refused under paragraph 5(3)(c) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the basis that the Licensing Authority cannot be satisfied that the premises were suitable for the conduct of the activity based on the condition of the premises, the nature and extent of the proposed activity 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   
Street Trader’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Luchd-malairt Sràide

10.1  Application for a temporary street trader’s employee licence – William D Munro

There had been circulated Report No HLC/048/19 by the Principal Solicitor relating to an application which has been received from William D Munro for the grant of a temporary street trader’s employee licence (Thurso and Northwest Caithness).  A letter of representation had been received from Police Scotland.

The applicant did not attend.  Police Scotland spoke to their representation.

The Committee AGREED to REFUSE the application under paragraph 5(3)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the basis that the Licensing Authority was not satisfied that the applicant was a fit and proper person to hold a licence having regard to [text removed from web version in compliance with Data Protection Act 1998].

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

11.1  Application for the grant of a temporary private hire car driver’s licence – James Fraser

There had been circulated to members only Report No HLC/049/19 by the Principal Solicitor relating to an application which had been received from James Fraser for the grant of a temporary private hire car driver’s licence (Inverness Central Ward).  Mr Fraser had yet to undertake a right to work check.

The applicant attended with Mr R Munro, representative. 

Mr Fraser spoke to his application and Mr Munro, the applicant’s representative, spoke to Mr Fraser’s character. 

The Committee AGREED to GRANT the application, subject to the applicant undertaking and passing a right to work check.

The meeting closed at 10.50 pm.