Agendas, reports and minutes

Highland Licensing Committee

Date: Tuesday, 29 November 2022

Agenda: Read the Agenda

A meeting of the Highland Licensing Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 29 November 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.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 October 2022.

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

There is circulated Report No HLC/054/22 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 13 October 2022 to 16 November 2022.

The Committee is invited to note the report.

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

There is circulated Report No HLC/055/22 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:

(a) 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

(b) to a future meeting of the Committee when the applications will be determined in terms of the Hearings Procedure.

6. Civic Government (Scotland) Act 1982
Review of Taxi Tariff 2022/23
Ath-bhreithneachadh air Taraif Tagsaidh 2022/23

There is circulated Report No HLC/056/22 by the Principal Solicitor relating to the responses received following public advertisement of the proposed revised scale of the maximum fares that can be charged by taxis and private hire cars fitted with taxi meters.  

The Committee is invited to:

i. consider the representations received following advertisement of the proposed tariff, all other further information before it and any submission which any taxi operator attending the meeting may make to the Committee at the meeting and thereafter agree a final tariff;

ii. agree that any revised tariff will take effect from 13 February 2023, subject to any appeal being lodged as per 8.1 of the report and the caveats set out as per 9.2 of the report.

7. Wheelchair Accessible Vehicles – Equality Act 2020 Update
Carbadan So-ruigsinneach do Chathraichean-cuibhle –
Cunntas às Ùr mu Achd na Co-ionannachd 2020

There is circulated Report No HLC/057/22 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.

The report invites the Committee to approve the Council’s policies on licensed wheelchair accessible vehicles and medical exemptions for drivers under the Equality Act 2010

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 renewal of a taxi operator’s licence – Northern Accident Management Ltd.

There is circulated Report No HLC/058/22  by the Principal Solicitor relating to an application which has been received from Northern Accident Management Ltd. for the renewal of a taxi operator’s licence (Ward 13 – Inverness West).

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

8.2 Application for grant of taxi driver’s licence – Kevin Campbell  

There is circulated Report No HLC/059/22  by the Principal Solicitor relating to an application which has been received from Mr Kevin Campbell for the grant of a taxi driver’s licence (Ward 21 – Fort William & Ardnamurchan Ward).

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

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

9.1 Premises – Zida House, 41 Clachnaharry Road, Inverness

There is circulated Report No HLC/060/22 by the Principal Solicitor relating to the grant of a house in multiple occupation licence from Hosaam Tunveer in respect of premises at Zida House, 41 Clachnaharry Road, Inverness (Ward 13 – Inverness West).  

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

10. 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.

11. Civic Government (Scotland) Act 1982
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 a temporary private hire car driver’s licence – Osaid Khan

There is circulated to members only Report No HLC/061/22 by the Principal Solicitor relating to an application which has been received from Osaid Khan for a temporary private hire car driver’s licence (Ward 14 – Inverness Central).

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

11.2 Private hire car driver’s licence – Rzgar Mahmod  

There is circulated to members only Report No HLC/062/22 by the Principal Solicitor relating to Rzgar Mahmod who is the holder of a private hire car driver’s licence (Ward 14 – Inverness Central).

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

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

12.1 Application for grant of taxi driver’s licence – Rzgar Mahmod

There is circulated to members only Report No HLC/063/22 by the Principal Solicitor relating to an application which has been received from Rzgar Mahmod for the grant of a taxi driver’s licence (Ward 14 – Inverness Central).

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