Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 14 January 2020 at 10.00 am.

Present:

Mrs J Barclay, Mr J Bruce (from item 10.1), Mr G Cruickshank, Mr A Jarvie (Chair) Mrs E Knox, Mrs L MacDonald, Mr D Macpherson, Mr K Rosie (from item 8.1), Mr A Sinclair 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
Mrs A MacArthur, Administrative Assistant

Also attending:

Sergeant K Duncan, Police Scotland

Item 10.1: Mr M Ross, licence holder

Item 10.4: Mr S MacKenzie, applicant

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

Apology for absence were intimated on behalf of Mr W Mackay and Mr B Thompson.

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 3 December 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/001/20 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 21 November 2019 to 18 December 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/002/20 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/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 AGREED to make a final resolution on the terms set out in Appendix 1 of the report for publication.

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

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

The Committee AGREED:

1. there should be a list of designated wheelchair accessible vehicles licensed as taxis or private hire cars in The Highland Council area;
2. a draft list is prepared and intimation is given to 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;
3. after consideration of any representations, determine what the designated list should contain; and
4. 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 had been 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 her taxi driver’s licence (Ward 15 – Inverness Ness-side).  The applicant had not yet made an appointment to undergo a right to work check and to re-sit the local section of the taxi driver’s knowledge test.

The applicant did not attend.

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor to REFUSE the application should the applicant fail to complete a right to work check and pass the local section of the knowledge test by 2 February 2020, but otherwise grant the application.

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 – Marcus Ross

There had been 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).  A letter of representation had been received from Police Scotland.

The Committee heard from the applicant, Mr M Ross and Police Scotland in relation to the application.

Following a question Mr Ross stated that he regretted his actions.

Mrs L MacDonald, seconded by Mr K Rosie MOVED that no action be taken and that Mr Ross receive a written warning regarding his future conduct.

Mr D Macpherson moved as an amendment that the licence be suspended for a period of two weeks.  There being no seconder the amendment fell.

The Committee AGREED  to TAKE NO ACTION and instead give the licence holder a written warning regarding his future conduct.

10.2  Taxi driver’s licence –Tommy Creighton

There had been 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).  A letter of representation had been received from Police Scotland.

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

Mrs L MacDonald, seconded by Mr K Rosie, MOVED that the licence be suspended for the remaining period of the licence (8 March 2020). 

The Committee AGREED to SUSPEND the licence holder’s taxi driver’s licence for the unexpired portion of the duration of the licence on the grounds that he is no longer a fit and proper person to hold a licence.

10.3  Taxi driver’s licence – Graham MacLeod

There had been circulated to members only Report No HLC/008/20 by the Principal Solicitor relating to Graham MacLeod, the holder of a taxi driver’s licence (Ward 14 – Inverness Central).  A GP’s letter of representation had been received regarding the applicant’s fitness to work as a taxi driver. 

The applicant did not attend. Mr M Elsey, Senior Licensing Officer, read out the terms of the representation. The Committee AGREED:

1. to SUSPEND the licence holder’s taxi driver’s licence with immediate effect for the remaining portion of the duration of the licence on the basis that he currently does not meet the Group 2 (PSV) standard; and 
2. to GRANT DELEGATED POWERS to the Principal Solicitor – Regulatory Services to recall the suspension if, during the period of suspension, the licence holder submits confirmation in writing from a Doctor that he now meets the Group 2 (PSV) medical standards.

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

There had been 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).  A letter of representation had been received from Police Scotland.  The applicant had yet to undergo a right to work check and to sit the taxi driver’s knowledge test.

The Committee heard from the applicant and Police Scotland spoke to their representation.

Mrs L MacDonald, seconded by Mrs E Knox MOVED that the application be granted subject to the applicant undergoing and passing a right to work check and passing the taxi driver’s knowledge test.

Mr A Jarvie, MOVED that the application be refused.  There being no seconder the amendment fell.

The Committee AGREED to GRANT the application subject to the applicant undergoing and passing a right to work check and passing the taxi driver’s knowledge test.

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 had been 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).  A letter of objection had been received from Police Scotland.

The applicant did not attend

The Committee heard from Police Scotland who outlined a typographical error in their letter which had stated it was an application for a temporary licence, the word “temporary” should be omitted. 

The Committee AGREED to REFUSE the application on the grounds that the applicant is not a fit and proper person to hold a licence for the reasons set out in Police Scotland’s letter of objection.

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

There had been 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). A letter of objection had been received from Police Scotland.

The applicant did not attend

The Committee AGREED to REFUSE the application on the grounds that the applicant is not a fit and proper person to hold a licence for the reasons set out in Police Scotland’s letter of objection.

The meeting closed at 11.15 am.