Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 1 October 2019 at 10.00 am.

Present:

Dr I Cockburn (Chair), Mrs J Barclay, Mr J Bruce, Mr G Cruickshank, Mrs L MacDonald (Vice-Chair), Mr W MacKay (by video conference), Mr D Macpherson, 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 Office
Mrs A MacArthur, Administrative Assistant

Also attending:

Sergeant K Duncan, Police Scotlan
Sergeant R Ross, Police Scotland

Item 7.1 – Mr D Keiro, applicant
Item 8.2 – Mr L Carswell, applicant
Item 9.1 – Mr T Russell, applicant and Mr D Patterson, Business Partner

The Chair confirmed that the meeting would not be webcast due to technical difficulties. 

Business

1.  Apologies for absence
Leisgeulan

Apologies for absence were received from Mrs E Knox and Mr A Jarvie. 

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 6 August 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/050/19 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 25 July to 18 September 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/051/19 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.  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.

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

7.1   Application for a street trader’s licence – David Keiro

There had been circulated to members only Report No HLC/052/19 by the Principal Solicitor relating to an application which has been received from David Keiro for the grant of a street trader’s licence (Ward 15 - Inverness Ness-side).  A letter of representation had been received from Police Scotland.

The applicant spoke to his application and Police Scotland spoke to their representation.

The Committee AGREED to GRANT the application subject to standard conditions.

8.  Civic Government (Scotland) Act 1982
Private hire car driver’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachdan do dhràibhearan chàraichean airson fastadh prìobhaideach

8.1  Application for private hire car driver’s licence – Henry Cairns

There had been circulated to members only Report No HLC/053/19 by the Principal Solicitor relating to an application which has been received from Henry Cairns for a private hire car driver’s licence (Ward 6 - Cromarty Firth).

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 had not been made in the time required. 

Police Scotland advised that the reason for failing to submit their information timeously was due to the length of the process involved in producing such a document to ensure it was a fair and accurate document with up to date information.

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

The Committee AGREED to REFUSE the application under paragraph 5(3)(a)(ii) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the basis that the licensing authority was not satisfied that the applicant is a fit and proper person to hold a licence for the reasons set out in Police Scotland’s letter of objection and the additional information produced by Police Scotland.

8.2   Application for temporary private hire car driver’s licence – Luke Carswell

There had been circulated to members only Report No HLC/054/19 by the Principal Solicitor relating to an application which has been received from Luke Carswell for the grant of a temporary private hire car driver’s licence (Ward 19 - Inverness South).  A letter of objection had been received from Police Scotland and the applicant had yet to undertake a right to work check.

Police Scotland put forward the case that justice could not be done without Members being advised of the [text removed from web version in compliance with Data Protection Act 1998]. 

The Committee agreed to accept the submission and agreed to consider the information which was then circulated.

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

The applicant then spoke to his application. 

The Committee AGREED to REFUSE the application under paragraph 5(3)(a)(ii) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the basis that the licensing authority was not satisfied that the applicant is a fit and proper person to hold a licence.for the reasons set out in Police Scotland’s letter of objection.

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

9.1  Application for renewal of taxi driver’s licence – Thomas Russell

There had been circulated to members only Report No HLC/055/19 by the Principal Solicitor relating to an application which has been received from Thomas Russell for the renewal of his taxi driver’s licence (Ward 2 – Thurso and Northwest Caithness).  A letter of objection had been received from Police Scotland.

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

Mr Paterson, Mr Russell’s business partner, then spoke on behalf of the applicant.   He advised that a change of address had not been notified as it was still the business address. 

The Solicitor provided an explanation on the appropriate weight to be given to the evidence presented.

The Committee AGREED to REFUSE the application under paragraph 5(3)(a)(ii) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the basis that the licensing authority was not satisfied that the applicant is a fit and proper person to hold a licence for the reasons set out in Police Scotland’s letter of objection.

10.  Appointment of Chair
Suidheachadh de Chathraiche

The Clerk thanked Dr Cockburn for his time as Licensing Committee Chair since 2015 and invited nominations for the post of Chair of the Highland Licensing Committee. 

Dr I Cockburn, seconded by Mr K Rosie nominated Mrs L MacDonald.

Mr C Smith, seconded by Mr G Cruickshank nominated Mr A Jarvie.

On a vote being taken, the motion received 5 votes and the amendment received 5 votes:-

For the Motion:

Mrs J Barclay, Dr I Cockburn, Mrs L MacDonald, Mrs P Munro and Mr K Rosie.

For the Amendment:

Mr J Bruce, Mr G Cruickshank, Mr W MacKay, Mr D Macpherson and Mr C Smith.

There being an equality of votes, the Chair was thereafter determined by lot and the Committee AGREED to appoint Mr A Jarvie as Chair to the Highland Licensing Committee.  Mrs L MacDonald would continue as Vice Chair.

The meeting closed at 11.30 pm.