Agendas, reports and minutes

Minute of the remote meeting of the Highland Licensing Committee held via Microsoft Teams on Tuesday 8 September 2020 at 10.00 am.

Present:

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 A Anderson, Technical Officer (HMO), Environmental Health
Mr M Elsey, Senior Licensing Officer
Mrs A MacArthur, Administrative Assistant

Also attending:

Sergeant K Duncan, Police Scotland
Mr M MacDonald, Police Scotland

Item 7.1 – Mr P Iyer, architect, representing the applicants

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 Mrs J Barclay.

2.  Declarations of interest
Foillseachaidhean Com-pàirt

Item 6.1: Mr A Jarvie (non-financial). 

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 4 August 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/031/20 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 23 July 2020 to 25 August 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/032/20 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.  Civic Government (Scotland) Act 1982
Public Entertainment Licences  
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Aoigheachd Phoblaich

Declaration of Interest – Mr A Jarvie declared a non-financial interest as a Director of High Life Highland but as the item had now been granted under delegated powers, it did not require to be determined by the Committee and he could remain present for this item.  

6.1  Premises: Craigmonie Centre, Glenurquhart High School, Drumnadrochit 

There had been circulated Report No HLC/033/20 by the Principal Solicitor relating to an application for a public entertainment licence for Craigmonie Centre, Glenurquhart High School, Drumnadrochit  by Highlife Highland (Ward 12 - Aird and Loch Ness Ward).

Mr M Elsey, advised that Environmental Health had confirmed that the outstanding documentation had now been received. 

The Committee NOTED the outstanding documentation had now been received and the application had been granted under delegated powers.

7.  Housing (Scotland) Act 2006
Applications for house in multiple occupation licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachd thaighean ann an ioma-sheilbh

7.1       Premises – Staff Accommodation at Cluanie Inn, Glenmoriston 

There had been circulated Report No HLC/034/20 by the Principal Solicitor relating to the grant of a house in multiple occupation licence from Mars Black Sheep Hotels Ltd  in respect of premises at Staff Accommodation at Cluanie Inn, Glenmoriston  (Ward 5 - Wester Ross, Strathpeffer and Lochalsh  Ward).

Mr M Elsey advised that there was  documentation still to be received from the applicant.

Mr Prakash Iyer, representing the applicants, then spoke to the application and outlined the delay in documentation due to Covid-19.

The Committee AGREED to GRANT the application subject to the standard conditions and an additional condition:

The premises shall not be used as a house in multiple occupation until such time that (1) a gas certificate and (2) a tenancy agreement has been submitted to the licensing authority and confirmed by them to be satisfactory.

7.2  Premises – Staff Accommodation, Caledonian Hotel, Quay Street, Ullapool

There had been circulated Report No HLC/035/20 by the Principal Solicitor relating to the grant of a House in Multiple Occupation Licence from Pearkhal Property Investment Ltd in respect of premises at Staff Accommodation, Caledonian Hotel, Quay Street, Ullapool (Wester Ross, Strathpeffer and Lochalsh Ward). 

The applicant did not attend but provided a written submission in advance of the meeting.

Mr M Elsey advised that Environmental Health had confirmed that the outstanding documentation had not yet been received.  The applicant had advised in their written submission that the works had been delayed due to Covid-19 restrictions.  The Fire Service submitted their apologies for the meeting and Mr Elsey read out their written submission.  Due to Covid-19 restrictions, the work to address the issues previously raised by the Fire Service had not yet been completed and, therefore, they were not yet in a position to re-inspect the premises.  Housing Service had not yet responded.  The applicant had submitted a written representation which had been circulated to Members.

Mr A Anderson, Environmental Health advised that the work had been delayed due to the Covid-19 restrictions but he understood that the work was due to re-commence on 9 September 2020.

The Committee AGREED to GRANT the application subject to the standard conditions and an additional condition:

The premises shall not be used as a house in multiple occupation until such time that (1) the outstanding works have been completed and confirmed as satisfactory by the licensing authority and (2) the premises have been re-inspected by the Fire Service and it is confirmed by them that the fire safety arrangements are now appropriate for the risk and the outstanding action plan has been satisfactorily addressed.

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 the grant of a taxi driver’s licence – Kyron Stewart

There had been circulated Report No HLC/036/20 by the Principal Solicitor relating to an application which had been received from Kyron Stewart for the grant of a taxi driver’s licence (Ward 16 - Inverness Millburn Ward).

The applicant did not attend due to work commitments. Mr M Elsey advised that the applicant had been unable to re-sit the taxi driver’s knowledge test due to the closure of offices during the Covid-19 pandemic.

The Clerk and Mr Elsey advised Members of the ongoing work currently being undertaken to allow applicants to sit the test during the ongoing Covid-19 restrictions, but no long term solution was in place yet. 

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor to REFUSE the application should the applicant not pass the taxi knowledge test by 20 October 2020, but otherwise grant the application.

It was NOTED that the applicant will be provided with the opportunity to withdraw their current application and re-apply at a later date without incurring an additional fee.

8.2  Application for the grant of a taxi driver’s licence – Darren Sutherland

There had been circulated Report No HLC/037/20 by the Principal Solicitor relating to an application which had been received from Darren Sutherland for the grant of a taxi driver’s licence (Ward 1 - North, West and Central Sutherland Ward).

The applicant did not attend.

Mr M Elsey advised that the applicant had been unable to re-sit the taxi driver’s knowledge test due to the closure of offices during the Covid-19 pandemic.

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor to REFUSE the application should the applicant not pass the local section of the taxi knowledge test by 16 October 2020, but otherwise grant the application.

It was noted that the applicant will be provided with the opportunity to withdraw their current application and re-apply at a later date without incurring an additional fee. Members also AGREED that should the applicant re-apply for a taxi driver’s licence that he would only require to sit and pass the local section of the knowledge test, having already passed the Highland wide section.

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  Application for private hire car operator’s licence – Highlander Cars Ltd

There had been circulated Report No HLC/038/20 by the Principal Solicitor relating to an application which had been received from Highlander Cars Ltd for a private hire car operator’s licence (Ward 19 - Inverness South).

The applicant did not attend.

Mr M Elsey advised that the applicant had now provided a vehicle for inspection and the relevant documentation had been received and this application had therefore been issued under delegated powers.

The Committee NOTED the outstanding documentation had now been received and  the vehicle had passed its inspection and, therefore, the application had been granted under delegated powers.

10.  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.

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

11.1  Application for renewal of taxi driver’s licence – Scott MacIntosh

There had been circulated to members only Report No HLC/039/20 by the Principal Solicitor relating to an application which has been received from Scott MacIntosh for the renewal of his taxi driver’s licence (Ward 10 - Eilean a’ Cheò Ward). 

Mr M Elsey advised that a letter of representation had been received from Police Scotland.

Police Scotland spoke to their letter of representation.

The applicant was unable to attend, he had submitted a written representation as an alternative together with three work references and these had been circulated and Members were given time to read the submission.

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

The meeting closed at 10.50 am.