Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 5 November 2019 at 10.00 am.

Present:

Mr A Jarvie (Chair), Mrs J Barclay, Mr J Bruce, Mrs E Knox, Mrs L MacDonald (Vice-Chair), Mr W MacKay, Mr A Sinclair, Mr C Smith and Mr B Thompson.

In attendance:

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

Also attending:

Sergeant K Duncan, Police Scotland
Mr J Williamson, Police Scotland

Item 7.1 – Mr C Turkan, applicant and Rita Kiseliene
Item 7.2 – Ms G McKnight, applicant
Item 9.1 – Mr L M MacKenzie, licence holder
Item 10.1 and 10.2 – Mr J Souness, licence holder and Mr M Smith, solicitor
Item 10.3 – Mr V Tamirjan, licence holder

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 G Cruickshank, Mr D Macpherson and Mr K Rosie. 

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 1 October 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/056/19 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 19 September 2019 to 23 October 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/057/19 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/058/19 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. 

Following discussion, the Committee AGREED to vary the current public entertainment licensing (PEL) resolution to include the performance of plays in line with the statutory procedure set out in section 9 of the Civic Government (Scotland) Act 1982 as they deemed it necessary to licence the public performance of plays for the preservation of public order and safety and the prevention of crime.

Members agreed that the scope of the resolution should include the following:

(a) the current definition of a play given in the Theatres Act 1968 be used;

(b) a PEL should be required for all plays, regardless of whether there is a charge to the public;

(c) a PEL should be required for both indoor and outdoor premises; and

(d) a PEL should be required for all venues, regardless of capacity.

Members also AGREED that the additional draft conditions set out in appendix 5 would be applied.

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 – Can Turkan

There had been circulated Report No HLC/059/19 by the Principal Solicitor relating to an application which has been received from Can Turkcan for the grant of a street trader’s licence (Ward 12 - Aird and Loch Ness Ward). 

The applicant had been advised that he may need to seek planning permission if he wished to trade from one particular location for more than 28 days in a calendar year and that he was required to gain consent from the landowner for the areas where he wished to trade.  The applicant had further been advised that he would require to ensure that the rickshaws had been inspected by a suitably qualified technician to ensure they were safe and in a roadworthy condition prior to any licence being granted. 

The applicant stated that he wished to trade until 2.00 am as there were several bed and breakfast establishments in the area and following a night of clubbing people could return to their accommodation on a rickshaw.  The bikes had already proved very successful.

The Committee AGREED to GRANT the application subject to (1) the standard conditions, (2) the additional conditions set out in Appendix 3, and (3) written confirmation that all cycle rickshaws to be used have been inspected by a suitably qualified technician and are in a roadworthy condition.

Members also agreed to GRANT DELEGATED POWERS to the Principal Solicitor to grant any street trader employee licences for any employees who would be working for Mr Turkan, provided there are no objections to these applications.

7.2   Application for a temporary street trader’s licence – Gillian McKnight

There had been circulated Report No HLC/060/19 by the Principal Solicitor relating to a temporary application which has been received from Gillian McKnight for the grant of a temporary street trader’s licence (Ward 18 - Nairn and Cawdor Ward).

Ms McKnight confirmed that the documents, vet report, details of the proposed route and confirmation that the carriage had been checked had been completed and sent in to the Licensing Officer. 

The Committee AGREED to GRANT the application subject to (1) the standard conditions, and (2) the additional conditions set out in Appendix 2 of the report.

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  Private hire car driver’s licence – Lewis M Mackenzie

There had been circulated to members only Report No HLC/061/19 by the Principal Solicitor relating to Lewis M Mackenzie, the holder of a private hire car driver’s licence (Ward 3 – Wick and East Caithness).  A letter had been received from Police Scotland seeking the revocation of Mr Mackenzie’s private hire car driver’s licence in terms of paragraph 11(2)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982. 

The Committee heard from both the licence holder and Police Scotland.

The licence holder produced a written submission and the committee adjourned for Members to read the submission.

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

Following discussion Mrs E Knox, seconded by Mr J Bruce, moved that the licence be revoked. 

Mr W Mackay, seconded by Mrs J Barclay, moved as an amendment that no action be taken but the licence holder receive a verbal warning.

Mr C Smith, moved as an amendment that the licence be suspended to June 2020. There being no seconder the amendment fell.

On a vote being taken, the motion received four votes, the amendment received three votes and there were two abstentions as follows:-

For the Motion:

Mr J Bruce, Mr A Jarvie, Mrs E Knox and Mrs L MacDonald.

For the Amendment:

Mrs J Barclay, Mr A Sinclair and Mr W Mackay.

Abstained:

Mr C Smith and Mr B Thompson.

The Committee AGREED to REVOKE the licence under paragraph 11(2)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the basis that the Licensing Authority were of the opinion that the licence holder was no longer a fit and proper person to hold the licence having regard to the terms of Police Scotland’s letter.

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

10.1  Application for renewal of taxi operator’s licence – James Souness

There had been circulated to members only Report No HLC/062/19 by the Principal Solicitor relating to an application which has been received from Mr James Souness for the renewal of his taxi operator’s licence (Ward 11 - Caol and Mallaig).  A letter of representation had been received from Police Scotland.

The Committee heard from both the licence holder’s solicitor, Mr M Smith and Police Scotland.  Police Scotland apologised for an error in their letter which had referred to a separate incident regarding the coach driver and another taxi driver, and Members were advised to disregard that part of their letter.

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

10.2    Taxi driver’s licence – James Souness

There had been circulated to members only Report No HLC/063/19 by the Principal Solicitor relating to James Souness, the holder of a taxi driver’s licence (Ward 11 - Caol and Mallaig).  A letter of representation had been received from Police Scotland.

The Committee then heard from the licence holder’s solicitor, Mr M Smith and Police Scotland.

Mr Smith advised that Mr Souness apologised for his actions and stated thathe had not used this taxi rank since the incident had occurred. 

The Committee AGREED to take no further action against the licence holder in relation to Police Scotland’s request for the suspension of Mr Souness’s taxi driver’s licence in terms of paragraph 11(2)(a) and 11(2)(c) of Schedule 1 of the Civic Government (Scotland) Act 1982

10.3  Taxi operator’s licence and taxi driver’s licence – Vladut Tamirjan

There had been circulated to members only Report No HLC/064/19 by the Principal Solicitor relating to Vladut Tamirjan who is the holder of a taxi operators and taxi driver’s licence (Ward 8 - Dingwall and Seaforth Ward).  A letter of representation had been received from Police Scotland seeking the revocation of Mr Tamirjan’s taxi operator’s, and taxi driver’s licence. 

The Committee heard from the licence holder and Police Scotland.

Following discussion Mrs E Knox, seconded by Mrs L MacDonald, moved that no action be taken. 

Mr A Jarvie, seconded by Mr A Sinclair, moved as an amendment that the taxi operator’s licence stands but that the taxi driver’s licence be revoked.

On a vote being taken, the motion received six votes and the amendment received three votes, as follows:-

For the Motion:

Mrs J Barclay, Mr J Bruce, Mrs E Knox, Mrs L MacDonald, Mr W Mackay and Mr B Thompson.

For the Amendment:

Mr A Jarvie, Mr A Sinclair and Mr C Smith.

The Committee therefore AGREED to take no further action against the licence holder in relation to Police Scotland’s request for the revocation of Mr Tamirjan’s taxi operator and taxi driver’s licences in terms of paragraph 11(2)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

11.  Civic Government (Scotland) Act 1982
Application for metal dealer’s licence 
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd neach-malairt meatailt

11.1  Application for a metal dealer’s licence – Alexander Williamson

There had been circulated to members only Report No HLC/065/19 by the Principal Solicitor relating to an application which has been received from Mr Alexander Williamson for the grant of a metal dealer’s licence (Ward 11 – Caol and Mallaig).  A letter of objection had been received from Police Scotland.

The applicant had requested that consideration of this application be deferred to the next meeting of the Committee in December as his solicitor had been unable to attend today’s meeting.

The Committee AGREED to defer consideration of the application until the meeting of the Committee on 3 December 2019 to allow the applicant’s representative an opportunity to attend.

The meeting closed at 12.00 noon.