Agendas, reports and minutes

Minute of the remote meeting of the Highland Licensing Committee held via Microsoft Teams on Tuesday 27 October 2020 at 10.00 am.

Present:

Mr J Bruce, Mr A Jarvie (Chair), Ms E Knox (Items 1-7), 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 McGinty, Trading Standards Team Leader
Mr M Elsey, Senior Licensing Officer
Mrs A MacArthur, Administrative Assistant

Also attending:

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

Item 6.1 – Mr P Krol, licence holder; Mr A MacDonald, representative
Item 10.2 – Mr M Menzies, licence holder
Item 10.3 – Mr J Hall, 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

An apology for absence was received on behalf of Mrs J Barclay.

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 9 September 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/040/20 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 26 August 2020 to 14 October 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/041/20 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
Hearing – Taxi operator’s licence
Highland Council penalty point system
Achd Riaghaltais Chatharra (Alba) 1982
Èisteachd – ceadachd oibriche tagsaidh – 
siostam phuingean peanais Chomhairle na Gàidhealtachd                                                                                    

6.1  Licence holder - Piotr Krol

There had been circulated Report No HLC/042/20 by the Principal Solicitor relating to a breach of taxi operator licence conditions (Ward 8 - Dingwall and Seaforth).  A written submission had been submitted by the applicant and this had been circulated to the Committee in advance of the meeting.

The applicant was in attendance with his representative Mr A MacDonald.

Mr M Elsey introduced the report, advising that Mr Krol had accrued 26 points under the Highland Council Penalty Point System. On receiving 20 or more points within a 2 year rolling period, the operator becomes the subject of a report to this Committee. 

Mr M McGinty, Highland Council’s Trading Standards Service spoke to the report and explained the penalty point system and the points applicable to Mr Krol and the reasons for these points. 

Mr A MacDonald, the applicant’s representative, stated that the applicant had no dispute with the penalty points awarded.   Mr Krol had now been made aware by Trading Standards and by Mr A MacDonald of the benefit of a pre-test to enable any works required to be undertaken prior to the actual test and he would in future book a pre-test in advance of his test. 

Members had concerns that the points had been accrued through the failure to replace tyres, this was a safety issue and it was important that Mr Krol regularly checked all aspects of his tyres. 

Following discussion, the Committee AGREED that a condition of the licence has been CONTRAVENED, namely condition 1 which states:

“the holder of a taxi operator’s licence shall ensure that the taxi, including all body work, upholstery and fittings, is maintained in a safe and serviceable condition and, subject to prevailing road conditions, is maintained in a clean condition and of smart appearance”

and consequently:

• the licence holder must present his vehicle to the licensing authority for inspection every 3 months for the next 12 months

The licence holder’s last taxi inspection was carried out on 24 September 2020 and, therefore, the next taxi inspection is due by 24 December 2020 and thereafter every 3 months for the next 12 month period.

7.  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.

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 operator’s licence – Gordon Wilson

There had been circulated to members only Report No HLC/043/20 by the Principal Solicitor relating to an application which has been received from Gordon Wilson for the grant of a taxi operator’s licence (Ward 6 – Cromarty Firth).

The applicant did not attend and had not supplied a written representation.

Police Scotland spoke to their letter of representation.

Following discussion, the Committee AGREED to GRANT the application subject to (1) the standard conditions, (2) the vehicle being submitted for and passing a taxi inspection,(3) the applicant submitting satisfactory copies of insurance certificate, MOT certificate and vehicle registration document and (4) confirmation that the taximeter has been calibrated to the Council’s taxi tariff.  .

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 renewal of a private hire car driver’s licence – Ryan Turner

There had been circulated to members only Report No HLC/044/20 by the Principal Solicitor relating to an application which has been received from Ryan Turner for the renewal of his private hire car driver’s licence (Ward 19 - Inverness South).  The applicant had submitted a written representation which had been circulated to the Committee in advance of the meeting.            

The applicant did not attend.

Police Scotland spoke to their letter of representation.

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

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 a taxi driver’s licence – Raymond McDonald

There had been circulated to members only Report No HLC/045/20 by the Principal Solicitor relating to an application which has been received from Raymond McDonald for the renewal of his taxi driver’s licence (Ward 14 - Inverness Central).

The Committee AGREED to DEFER consideration of the application, at the applicant’s request, to the next meeting of the Highland Licensing Committee on 1 December 2020

10.2  Licensed taxi driver – Michael Menzies

There had been circulated to members only Report No HLC/046/20 by the Principal Solicitor relating to Michael Menzies who is the holder of a taxi driver’s licence (Ward 19 - Inverness South).

Following a letter from D4Drivers, the Principal Solicitor, in consultation with the Head of Corporate Governance, had immediately suspended Mr Menzies’ licence under Paragraph 12 of Schedule 1 of the Civic Government (Scotland) Act 1982.

The applicant spoke to his licence and outlined the details surrounding the letter from D4Drivers.   

Following discussion, the Committee AGREED to SUSPEND the licence in terms of section 11(2)(c) of Schedule 1 of the Civic Government (Scotland) Act 1982 for the unexpired portion of the duration of the licence.  This was on the grounds that the carrying on of the activity to which the licence relates is likely to cause a threat to public safety as the licence holder does not meet the DVLA Group 2 (PSV) standard.

The Committee further agreed to GRANT DELEGATED POWERS to the Principal Solicitor – Regulatory Services to recall the suspension should the licence holder provide evidence [text removed from web version in compliance with Data Protection Act 1998].

10.3  Application for grant of a taxi driver’s licence – Jordan Hall

There had been circulated to members only Report No HLC/047/20 by the Principal Solicitor relating to an application which has been received from Jordan Hall for the grant of a taxi driver’s licence (Ward 21 - Fort William and Ardnamurchan).

The Committee heard from Police Scotland and the applicant in relation to the application.  

Following discussion, the Committee AGREED to REFUSE the application in terms of section 5(3)(a)(ii) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the grounds that the applicant is not a fit and proper person to hold a taxi driver’s licence for the reasons set out in Police Scotland’s letter of objection. 

The meeting closed at 12.45 pm.