Agendas, reports and minutes

A meeting of the Highland Licensing Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 14 January 2020 at 10.00 am.

You are invited to attend and a note of the business to be considered is attached.

Webcast Notice:  This meeting will be filmed and broadcast over the internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

Members are reminded that during determination of Licensing Items, in order to be entitled to participate in any vote, Members must be present throughout all of the proceedings.

Members are further reminded that mobile devices, including mobile phones, can be used for following the agenda/reports and delivering speeches but should not be used for any form of communication (text or tweet) during the meeting.

Yours faithfully

Claire McArthur, Principal Solicitor – Regulatory Services
(for Head of Corporate Governance)  

Business

1.  Apologies for absence
Leisgeulan

2.  Declarations of interest
Foillseachaidhean Com-pàirt

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting.  Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from Officers prior to the meeting taking place.

3.  Confirmation of minutes
Dearbhadh a’ gheàrr-chunntais

There is submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Committee held on 3 December 2019.

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

There is circulated Report No HLC/001/20 by the Principal Solicitor which details all Licences which have been granted under delegated powers under the Civic Government (Scotland) Act 1982 granted in the period from 21 November 2019 to 18 December 2019.

The Committee is invited to note the report.

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

There is circulated Report No HLC/002/20 by the Principal Solicitor relating to applications which are currently pending for the grant or renewal of licences under the Civic Government (Scotland) Act 1982.

The Report recommends that the Committee agree to defer the determination of the applications, either:

1. to 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
    
2. to 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 is circulated Report No HLC/003/20 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 2015 Act”). 

The Committee is invited to make a final resolution for publication.

7.  Wheelchair accessible vehicles – designated list
Carbadan freagarrach airson chathraichean-cuibhle – liosta ainmichte

There is circulated Report No HLC/004/20 by the Principal Solicitor providing the Committee with details relating relating to the compliance of the licensing authority with the public sector equality duty, specifically with regards to wheelchair accessible vehicles. 

The Committee are invited to decide to decide:

(1) whether or not there should be a list of designated wheelchair accessible vehicles (WAVs) licensed as taxis or private hire cars (PHC’s) in The Highland Council area for the purposes of section 165 of the Equality Act 2010; and

(2) if there should be any list, that (a) a draft list is prepared (b) intimation is given to the holders of the relevant operators licences that the Committee proposes to designate their licensed vehicle, inform them of the legal consequences of this and to invite representations,(c) after consideration of any representations, determine what the designated list should contain and (d) publish a designated list.

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

8.1  Application for grant of a taxi driver’s licence – Catherine MacInnes

There is circulated Report No HLC/005/20 by the Principal Solicitor relating to an application which has been received from Catherine MacInnes for the grant of his taxi driver’s licence (Ward 15 – Inverness Ness-side).

The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.

9.  The Committee is asked to resolve 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 involve 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 – Marcus Ross

There is circulated to members only Report No HLC/006/20 by the Principal Solicitor relating to Marcus Ross, the holder of a taxi driver’s licence (Ward 17 – Culloden and Ardersier).

The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.

10.2    Taxi driver’s licence –Tommy Creighton

There is circulated to members only Report No HLC/007/20 by the Principal Solicitor relating to Tommy Creighton, the holder of a taxi driver’s licence (Ward 14 – Inverness Central).

The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.

10.3  Taxi driver’s licence – Graham MacLeod

There is circulated to members only Report No HLC/008/20 by the Principal Solicitor relating ot Graham MacLeod, the holder of a taxi driver's licence (Ward 14 - Inverness Central). 

The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.

10.4    Application for a temporary taxi driver’s licence – Scott MacKenzie

There is circulated to members only Report No HLC/09/20 by the Principal Solicitor relating to an application which has been received from Scott MacKenzie for a temporary taxi driver’s licence (Culloden and Ardersier Ward).

The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.

11.  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

11.1  Application for private hire car driver’s licence – Alexander MacDonald

There is circulated to members only Report No HLC/010/20 by the Principal Solicitor relating to an application which has been received from Alexander MacDonald for the grant of a private hire car driver’s licence (Inverness-Ness-side Ward).

The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.

11.2  Application for a temporary private hire car driver’s licence – Alexander MacDonald

There is circulated to members only Report No HLC/011/20 by the Principal Solicitor relating to an application which has been received from Alexander MacDonald for a temporary private hire car driver’s licence (Inverness Ness-side Ward).

The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.