• Agenda

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 14 May 2013 at 10.30 am.

 

Present:

 

Mr A Duffy, Mr R Greene, Mr A Henderson, Mr R Laird, Mrs L Macdonald, Mr W Mackay (by video conference), Mr D Millar, Ms M Smith, Mr J Stone and Mr H Wood.

 

In Attendance:

 

Mr A Mackenzie, Legal Manager (Clerk)
Ms S Blease, Principal Solicitor (Regulatory Services)
Mr M Elsey, Senior Licensing Officer
Mrs A MacArthur, Administrative Assistant
Ms A Macrae, Committee Administrator

 

Also Attending:

 

Inspector A Henderson, Police Scotland
Mr J Williamson, Licensing Enquiry Officer, Police Scotland
Mr F Parr

 

Also in Attendance:

 

Item 6.2 – Mrs J Fish - for the Applicant
Item 10.1 – Mr F Carrison – Applicant
Item 12.1 – Mr M Bremner – Applicant
Item 12.2 – Mr D Shovlin – Applicant
Item 12.4 – Mr N Rosie, Applicant
Item 13.1 – Mr B Tolmie, Applicant

 

Ms M Smith in the Chair

 

The Chairman 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 Dr I Cockburn and Mr J Rosie.

 

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 2 April 2013 which was APPROVED.

 

4. Licences Granted Under Delegated Powers
Ceadachdan a Bhuilicheadh fo Ùghdarras air a Thiomnadh

 

There had been circulated Report No HLC-022-13 (29kb pdf) by the Legal Manager  detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 and the Marriage (Approval of Places) (Scotland) Regulations 2002 in the period from 18 March 2013 to 26 April 2013.

 

The Committee NOTED the report.

 

5. Pending Applications - 3 Monthly Considerations
Iarrtasan ri Thighinn – Beachdachaidhean 3 Mìosach

 

There had been circulated Report No HLC-023-13 (16kb pdf) by the Legal Manager relating to applications which were currently pending for the grant or renewal of licences under the Civic Government (Scotland) Act 1982. The Report recommended that the Committee agree to defer the determination of the applications, either: (i) to allow them to be approved under delegated powers in the event that all responses and no objections were received, and all outstanding documentation has been received from the applicants, or (ii) to a future meeting of the Committee when the applications would be determined in terms of the Hearings Procedure.

 

The Committee AGREED the recommendation.

 

6. Civic Government (Scotland) Act 1982
Applications for a Public Entertainment Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Ceadachd Aoigheachd Phoblaich

 

6.1 Premises: Macphail Centre, Mill Street, Ullapool

 

There had been circulated Report No HLC-024-13 (22kb pdf) by the Legal Manager relating to an application for renewal of a Public Entertainment Licence for the Macphail Centre, Mill Street, Ullapool by Ms F Harrison and Ms C Brotherston on behalf of the Macphail Centre, Management Committee.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

The Legal Manager advised that the Electrical Safety Certificate had not been received.  The Macphail Centre was part of a Highland Council property and it was the responsibility of the Housing and Property Service to supply a satisfactory electrical installation report.

 

Members were concerned that an electrical certificate had not been available as the Macphail Centre was part of the School and was used for curriculum activities by the school.

 

The Committee agreed to GRANT the application subject to the standard conditions and further subject to the submission of a satisfactory electrical installation report within 2 months.

 

The Committee further AGREED to write to the Director of Housing and Property expressing the Committee’s concerns at the delay in producing a satisfactory electrical installation report.

 

6.2 Premises: Applecross Campsite and Hotel Grounds

 

There had been circulated Report No HLC-025-13 (687kb pdf) by the Legal Manager relating to an application for renewal of a Public Entertainment Licence for Applecross Campsite and Hotel Grounds by Alfred Edwards for Applecross Highland Games and Fish Festival.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

The Applecross Highland Games marquee no longer held a valid Fire Safety Certificate.  The Fire Safety Certificate that covered the marquee was only valid for five years.  The Highlands and Islands Fire and Rescue Service had written with their concerns.  The applicant had forwarded an email from the manufacturers of the marquee which stated that when the marquee was sold it was compliant with BS7837:96 and that the fire resistance properties should last at least 5 years subject to usage.  Many factors affected the fabric of the tent and deterioration of the fire standard could occur due to UV exposure.  The marquee had been purchased in 2000 and had only been used once a year since so it was unlikely to have suffered from UV exposure.   It was possible to have this tested but it entailed sending the marquee away at considerable cost and at risk of damage to the structure of the marquee.

 

Mrs J Fish stated that the tent had been donated in 2000 and had only been used once a year.  She doubted that it had had any significant UV exposure.  A Risk Assessment was done for each event and the Games had a fire unit and fire teams in attendance.  There was no smoking or cooking in the marquee and it had at least six exits, the sides could also easily be dropped for easy egress in the event of a fire.

 

Mr F Parr vouched for the applicant and the fire unit in Applecross.  He stated that the applicant produced an action plan and risk assessment for each event which would allay any fears the committee may have.  He assured the committee that the event was well marshalled and the fire service was in attendance.

 

The Legal Manager stated that the fire retardance standards on older marquees would be an issue across Highland for several similar events.  The Legal Manager and the Senior Licensing Officer could take this forward with the Fire Service and ascertain any assessments that would be required.

 

The Committee AGREED to grant the application subject to conditions.

 

The Committee further AGREED that an approach be made to the Scottish Fire and Rescue Service by the Licensing Officer and Legal Manager regarding the question of the flammability testing of tents/marquees.

 

6.3 Premises: Stratherrick Public Hall, Gorthleck, Inverness-shire

 

There had been circulated Report No HLC-026-13 (22kb pdf) by the Legal Manager relating to an application for renewal of a Public Entertainment Licence for Stratherrick Public Hall by Mrs Julie Talbot in respect of Stratherrick Public Hall Management Committee.   The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

The Legal Manager advised that the Electrical Certificate had been received, and therefore the Licence would be granted under delegated powers.

 

The Committee NOTED that as an electrical certificate had now been received and the outstanding matters raised by Environmental Health had now been resolved the licence would be granted under delegated powers.

 

7.  Civic Government (Scotland) Act 1982
Application for a Late Hours Catering Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Ceadachd Sholarachd Uairean Anmoch

 

7.1 Premises – Cookie Chinese Take Away, 76 High Street Dingwall

 

There had been circulated Report No HLC-027-13 (22kb pdf) by the Legal Manager relating to an application for renewal of a Late Hours Catering Licence in respect of premises at Cookie Chinese Take Away, 76 High Street, Dingwall.   The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

The Legal Manager advised that the Fire and Rescue Service had confirmed that the outstanding Fire Safety checklist had now been received and therefore the Licence would be granted under delegated powers.

 

The Committee NOTED that as the Scottish Fire and Rescue Service had confirmed that they had no objection the Licence would be granted under delegated powers.

 

8. The Committee resolved under Section 50A(4) of the Local Government (Scotland) Act 1973, that 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 13 (item 9) and paragraph 3 (the remaining items) of Part 1 of Schedule 7A of the Act.

 

9.  Private Landlord Registration – Rent Penalty Notices
Clàradh Uachdarain Phrìobhaidich – Brathan Ùnnlagh Màil

 

There had been circulated to members only Report No HLC/028/13 by the Legal Manager detailing Landlords who had failed to register under Part 8 of The Antisocial Behaviour etc (Scotland) Act 2004.  The Report invited the Committee to authorise the service of Rent Penalty Notices in respect of the properties detailed.

 

The Principal Solicitor stated that once the notice was served the landlords would have two weeks to register their properties.  Advice and assistance had been given to the tenants who would not be prejudiced by this action in any way.

 

The Committee AGREED to authorise the service of Rent Penalty Notices in respect of the properties detailed in the Schedule attached to the Report.

 

10. Civic Government (Scotland) Act 1982
Applications for Private Hire Car Driver’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Ceadachd Dràibhear Càir airson Fastadh Prìobhaideach 

 

10.1  Application for Private Hire Car Driver’s Licence – Frank Carrison

 

There had been circulated to members only Report No HLC/029/13 by the Legal Manager relating to an application which had been received from Frank Carrison for a private hire car driver’s licence.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

[text removed from web version in compliance with Data Protection Act 1998]

 

The Committee agreed to REFUSE the application on the grounds that the applicant was not a fit and proper person.

 

11. Civic Government (Scotland) Act 1982
Application for Taxi Operator’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Èisteachd – Ceadachd Oibriche Tagsaidh –
Siostam Phuingean Peanais Chomhairle na Gàidhealtachd

 

11.1 Application for Taxi Operator's Licence – Kenneth Finnerty

 

There had been circulated to members only Report No HLC/030/13 by the Legal Manager relating to an application for a taxi operator’s licence received from Kenneth Finnerty.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

The applicant had been invited to attend but was unfortunately unavailable.  The Legal Manager asked that this application be deferred to the next committee to give the applicant an opportunity to look at the representations made by Police Scotland and consider legal advice.

 

The Committee agreed to DEFER consideration of the application to the next meeting of the Committee.

 

12. Civic Government (Scotland) Act 1982
Taxi Driver’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Cheadachdan do Dhràibhearan / Oibrichean Tagsaidh

 

12.1 Taxi Driver’s Licence – Malcolm Bremner

 

There had been circulated to members only Report No HLC/031/13 by the Legal Manager relating to licensed taxi driver Malcolm Bremner.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

[text removed from web version in compliance with Data Protection Act 1998]

 

The Committee AGREED to suspend the Licence for the unexpired portion of the Licence or until the Licence Holder produced medical evidence to the Legal Manager of his medical fitness.

 

12.2 Application for Renewal of Taxi Driver’s Licence – Donald Shovlin

 

There had been circulated to members only Report No HLC/032/13 by the Legal Manager relating to an application which has been received from Donald Shovlin for the renewal of his taxi driver’s licence.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

[text removed from web version in compliance with Data Protection Act 1998]

 

AGREED to grant the application subject to the standard conditions.

 

12.3 Application for Renewal of Taxi Driver’s Licence – Scott Lyall

 

There had been circulated to members only Report No HLC/033/13 by the Legal Manager relating to an application which has been received from Scott Lyall for the renewal of his taxi driver’s licence.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

[text removed from web version in compliance with Data Protection Act 1998]

 

The Committee AGREED to grant the application subject to the standard conditions but to order an immediate suspension for the unexpired portion of the Licence or until the Licence Holder produced medical evidence to the Legal Manager of his fitness.

 

12.4  Application for Taxi Driver’s Licence – Neil Rosie

 

There had been circulated to members only Report No HLC/034/13 by the Legal Manager relating to an application which has been received from Neil Rosie for the grant of a taxi driver’s licence.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

[text removed from web version in compliance with Data Protection Act 1998]

 

The Committee AGREED to grant the application subject to the standard conditions and the applicant passing the knowledge test.

 

[text removed from web version in compliance with Data Protection Act 1998]

 

13.  Civic Government (Scotland) Act 1982
Application for a Window Cleaner’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Cead Neach-glanadh-uinneagan

 

13.1  Application for Window Cleaner’s Licence – Brian Tolmie

 

There had been circulated to members only Report No HLC/035/13 by the Legal Manager relating to an application from Brian Tolmie for a Window Cleaner’s Licence.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

[text removed from web version in compliance with Data Protection Act 1998]

 

The Committee AGREED to grant the application subject to the standard conditions with a warning as to his future conduct.

 

The meeting closed at 11.55 pm.