Agendas, reports and minutes

Highland Licensing Committee

Date: Tuesday, 24 October 2023

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, 24 October 2024 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 
 
 
Iain Meredith, Acting Principal Solicitor – Regulatory Services 
(for Head of Legal and Governance)  
 
Business 
 
1. Calling of the Roll and Apologies for Absence
Gairm a’ Chlàir agus Leisgeulan
 
2. Declarations of Interest/Transparency Statement
Foillseachaidhean Com-pàirt/ Aithris Fhollaiseachd
 
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 provide some information on the nature of the interest and leave the meeting at the appropriate time.  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 5 September 2023.
 
4. Licences granted under delegated powers               
Ceadachdan a bhuilicheadh fo ùghdarras air a thiomnadh
 
There is circulated Report No HLC/070/23 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  24 August 2023 to 11 October 2023.
 
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/071/23 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. Short Term Let Licensing Policy                                                      
 
There is circulated Report No HLC/072/23 by the Principal Solicitor which updates the short term let (STL) licensing policy in accordance with changes to legislation and Scottish Government Guidance.
 
The Committee is invited to approve the changes made to the STL licensing policy as contained within appendix 1. 
 
7. Civic Government (Scotland) Act 1982 
Short Term Let licensing         
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachd Aontaidhean Màil Geàrr-ùine 
 
7.1 Application for grant of a short term let licence – 4 Caberfeidh, Fassifern Road, Fort William, PH33 6BE
 
There is circulated Report No HLC/073/23 by the Principal Solicitor relating to an application which has been received from Duncan Freshwater on behalf of  Aite Socair Limited for the grant of a short term let licence (Ward 21 – Fort William Badenoch and Strathspey).
 
The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.
 
7.2 Application for grant of a short term let licence – Birch Corner, 8 Patterson Place, Aviemore, PH22 1TZ
 
There is circulated Report No HLC/074/23 by the Principal Solicitor relating to an application which has been received from Martin Ward on behalf of  Birch Corner Limited for the grant of a short term let licence (Ward 20 – Badenoch and Strathspey).
 
The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.
 
7.3 Application for grant of a short term let licence – Pine Tops, Auchterawe, Fort Augustus, PH32 4BT  
 
There is circulated Report No HLC/075/23 by the Principal Solicitor relating to an application which has been received from Nas Latif for the grant of a short term let licence (Ward 12 – Aird and Loch Ness).
 
The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.
 
7.4 Application for grant of a short term let licence – Highfield Lodge, Highfield House, Strathpeffer, IV14 9BA
 
There is circulated Report No HLC/076/23 by the Principal Solicitor relating to an application which has been received from Alasdair Gray on behalf of  G & W Limited for the grant of a short term let licence (Ward 05  Wester Ross, Strathpeffer and Lochalsh).
 
The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.
 
8. Housing (Scotland) Act 2006 – Part 5        
House in Multiple Occupation
 
8.1 Application for renewal of a licence for a house in multiple occupation – 13 Kenneth Street, Inverness
 
There is circulated Report No HLC/077/23 by the Principal Solicitor relating to an application which has been received from Andy Wu for the renewal of a licence for a house in multiple occupation (Ward 13 – Inverness West).
 
The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.
 
9. 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
   
9.1 Application for a private hire car operator’s licence – Marek Kosior
 
There is circulated Report No HLC/078/23 by the Principal Solicitor relating to an application which has been received from Marek Kosior for a private hire car operator’s licence (Ward 16 – Inverness Millburn).
 
The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.
 
9.2 Application for a private hire car operator’s licence – Robert MacDonald
 
There is circulated Report No HLC/079/23 by the Principal Solicitor relating to an application which has been received from Robert MacDonald for a private hire car operator’s licence (Ward 15 – Inverness Ness-side).
 
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 
Taxi driver’s / operator’s licences         
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Dhràibhearan / Oibrichean Tagsaidh
 
11.1 Taxi driver’s licence –  Claire Donaldson
 
There is circulated to members only Report No HLC/080/23  by the Principal Solicitor relating to Claire Donaldson who is the holder of a taxi driver’s licence (Ward 21 – Fort William and Ardnamurchan).
 
The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.
 
11.2 Taxi driver’s licence –  Blair Sinclair
 
There is circulated to members only Report No HLC/081/23  by the Principal Solicitor relating to Blair Sinclair who is the holder of a taxi driver’s licence (Ward 12 – Aird and Loch Ness).
 
The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.
 
11.3 Application for Taxi driver’s licence – John Toshack
 
There is circulated to members only Report No HLC/082/23  by the Principal Solicitor relating an application for the renewal of a taxi driver’s licence received from John Toshack (Ward 12 – Aird and Loch Ness).
 
The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.
 
11.4 Application for Taxi driver’s licence – Barrie McDonald
 
There is circulated to members only Report No HLC/083/23  by the Principal Solicitor relating an application for the grant of a taxi driver’s licence received from Barrie McDonald (Ward 18 – Nairn & Cawdor).
 
The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.
 
12. Civic Government (Scotland) Act 1982    
Late hours catering licence         
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Solarachaidh Uairean Anmoch – 
 
12.1 Premises – Akz Fastfoodz, 32a Church Street, Inverness (temporary)
 
There is circulated Report No HLC/084/23 by the Principal Solicitor relating to an application for the grant of a temporary late hours catering licence for Akz Fastfoodz, 32a Church Street, Inverness by Qammar Bashir (Ward 14 – Inverness Central)). 
 
The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.
 
12.2 Premises – Akz Fastfoodz, 32a Church Street, Inverness
 
There is circulated Report No HLC/085/23 by the Principal Solicitor relating to an application for the grant of a late hours catering licence for Akz Fastfoodz, 32a Church Street, Inverness by Qammar Bashir (Ward 14 – Inverness Central)). 
 
The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.