Agendas, reports and minutes

A meeting of the Highland Licensing Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Monday,  20 June 2022 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.  Appointment of Chair
Suidheachadh de Chathraiche

Nominations are invited for the post of Chair of the Highland Licensing Committee. 

4.  Appointment of Vice Chair
Cur lar-Chathraiche an Drechud

Nominations are invited for the post of Vice-Chair of the Highland Licensing Committee.

The meeting will adjourn between Items 4 and 5 for 15 minutes to allow the new Chair and Vice Chair to familiarise themselves with the meeting procedures and protocols.

5.  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 25 April 2022.

6.  Short Term Let Licensing
NEEDS GAELIC

There is circulated Report No HLC/029/22  by the Principal Solicitor with information on the new powers which have been given to local authorities to regulate short term lets in the form of a licensing scheme.

This Committee is invited to:

1. note the commencement of the Civic Government (Scotland) Act 1982 (Licensing of Short Term Lets) Order 2022 on 1 March 2022;
2. note that, as a result of the provisions of the legislation, local authorities must open a licensing scheme for short term lets by 1 October 2022;
3. note the challenges the Council faces in relation to the implementation of this licensing scheme; and  
4. agree to carry out a statutory consultation on the draft policy and conditions for short term lets.

7.  Wheelchair Accessible Vehicles – Equality Act 2020 Update
NEEDS GAELIC

There is circulated Report No HLC/030/22 by the Principal Solicitor relating to amendments made to the Equality Act 2010 which strengthens the public sector equalities duty, specifically with respect to taxis and private hire vehicles.

This Committee is invited to note the upcoming changes to the Equality Act 2010 with respect to taxi and private hire car driver’s obligations to disabled persons and the duty on the Council, as licensing authority, to maintain and publish a designated list of wheelchair accessible vehicles.

8.  Request for an Early Review of Taxi Tariff 2022/23
NEEDS GAELIC Ath-bhreithneachadh air Taraif Tagsaidh 2022/2023

There is circulated Report No HLC/031/22 by the Principal Solicitor relating to the request by part of the taxi trade within The Highland Council area who are seeking an early review of the scales for the fares and other taxi related charges. 

The Committee is invited to:

1. consider the information contained within the report;
2. consider any further representations made at the Committee; and
3. decide whether to instruct officers to commence the statutory process to review the scales for the fares and other taxi related charges earlier than the scheduled date

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

There is circulated Report No HLC/032/22 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 14 April 2022 to 8 June 2022.

The Committee is invited to note the report.

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

There is circulated Report No HLC/033/22 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.

11.  Civic Government (Scotland) Act 1982
Taxi operator’s licence
Highland Council penalty point system 
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachd oibriche tagsaidh –
Siostam Phuingean Peanais Chomhairle na Gàidhealtachd

11.1  Licence Holder – Pawel Wyderka

There is circulated Report No HLC/034/22 by the Principal Solicitor relating to a breach of Taxi Operators Licence Conditions (Ward 14 - Inverness Central Ward).

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

12.  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.

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

13.1    Taxi driver’s licence – Shaun Dougan

There is circulated to members only Report No HLC/035/22 by the Principal Solicitor relating to Shaun Dougan who is the holder of a taxi driver’s licence (Inverness Millburn Ward).

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

13.2    Taxi driver’s licence – Ivo Veinbergs

There is circulated to members only Report No HLC/036/22 by the Principal Solicitor relating to Ivo Veinbergs who is the holder of a taxi driver’s licence (Inverness South Ward).

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