Agendas, reports and minutes

Minute of the remote meeting of the Highland Licensing Committee held via Microsoft Teams on Tuesday 23 June 2020 at 10.00 am.

Present:

Mrs J Barclay (excluding items 7.1 – 7.3), Mr J Bruce, Mr A Jarvie (Chair), Ms E Knox, Mrs L MacDonald, Mr W Mackay, Mr D Macpherson, Mr K Rosie, 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

Ms A Macrae, Committee Administrator
Mrs A MacArthur, Administrative Assistant

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

There were no apologies for absence.

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 18 February 2020 which was APPROVED.

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

There had been circulated Report No HLC/018/20, HLC/019/20 and HLC/020/20 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 6 February 2020 to 3 June 2020.

The Committee NOTED the report.

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

There had been circulated Report No HLC/021/20 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.  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
Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Dhràibhearan / Oibrichean Tagsaidh

7.1  Licence Holder – William MacKintosh

There is circulated to members only Report No HLC/022/20 by the Principal Solicitor relating to a licensed taxi driver (Inverness Central Ward). 

Mr M Elsey, Senior Licensing Officer introduced the report.

The Committee AGREED: to SUSPEND the taxi driver’s licence with immediate effect and for the remaining portion of the duration of the licence under paragraph 11(2)(a) and 11(2)(c) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the grounds that the carrying on of the activity to which the licence relates is likely to cause a threat to public safety and that the licence holder is no longer a fit and proper person to hold a licence.

In addition, to grant delegated authority to the Principal Solicitor – Regulatory Services to recall the suspension if, during the period of suspension, the Licensing Authority receives confirmation from a doctor that he is medically fit to meet the Group 2 (PSV) standards.

7.2  Licence Holder – William Brown

There is circulated to members only Report No HLC/023/20 by the Principal Solicitor relating to a licensed taxi driver (Inverness Ness-side Ward).  A letter had been received from Police Scotland.  There was an adjournment to allow Members further time to read their papers and to view the videos and further information that had been received.   Mrs J Barclay was unable to view the video and left the meeting at this point.

Mr M Elsey, Senior Licensing Officer, read out the terms of the report.

The Clerk provided Members with guidance on weighing up evidence including the onus of proof, material considerations and stating reasons for any decision. During discussion the Clerk clarified the options available to the Committee including taking no action, suspending or revoking a licence.

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

Mr A Jarvie, seconded by Mr J Bruce, moved that the licence be revoked as the licence holder was not deemed a fit and proper person for the reasons given in the police letter.

On a vote being taken by roll call , 3 votes were cast in favour of the motion and 6 in favour of the amendment, as follows:

Motion (3):

Ms E Knox, Mrs L MacDonald and Mr W MacKay.

Amendment (6):

Mr J Bruce, Mr A Jarvie, Mr D Macpherson, Mr K Rosie, Mr A Sinclair and Mr C Smith.

The Committee, therefore, AGREED the amendment to REVOKE the taxi driver’s licence under paragraph 11(2)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the ground that the licence holder is no longer a fit and proper person to hold a licence.

7.3  Taxi Driver’s Licence – Christopher Jaffray

There is circulated to members only Report No HLC/024/20 by the Principal Solicitor relating to a licensed taxi driver (Ward 6 – Cromarty Firth).  A letter had been received from Police Scotland.  

Mr M Elsey, Senior Licensing Officer, read out the terms of the report and a short adjournment was taken to allow Members further time to read all the documentation.

Mr A Jarvie, seconded by Ms E Knox, moved suspension of the licence as the licence holder was not deemed a fit and proper person and on the grounds of public safety.

There being no amendment the Committee AGREED to SUSPEND the taxi driver’s licence for the remaining portion of the duration of the licence under paragraph 11(2)(a) and 11(2)(c) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the grounds that the carrying on of the activity to which the licence relates is likely to cause a threat to public safety and that the licence holder is no longer a fit and proper person to hold a licence.

The meeting closed at 11.35 am.