• Agenda

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 1 October 2013 at 10.30 am.

 

Present:

 

Dr I Cockburn, Mr A Duffy, Mr R Greene, Mr A Henderson, Mr R Laird, Mrs L Macdonald, Mr W Mackay, Mr D Millar, Mr J Rosie, 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

 

Also Attending:

 

Inspector A Henderson, Police Scotland

 

Also in Attendance:

 

Item 7.1 – Mr M Bennett, Solicitor for the Applicant
Item 9.1 – Mr M Chiorean, Applicant, Mr S Cairns, Applicant’s representative
Item 10.2 – Mr D MacLennan, 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

 

None.

 

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 6 August 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-069-13 (28kb 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 24 July 2013 to 17 September 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-070-13 (15kb 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.  Street Traders Licence Condition
Cumhaichean Ceadachd do Luchd-malairt Sràide

 

There had been circulated Report No HLC-071-13 (246kb pdf) by the Legal Manager recommending an amendment to condition 8 of the standard conditions for a street traders licence which restricts street traders from operating within 150 metres of a shop selling the same or similar goods or services. The amendment would include restaurants, cafes and takeaways as well as shops.

 

The Committee AGREED the recommendation.

 

7.  Civic Government (Scotland) Act 1982   
Application for Variation of Second Hand Dealers Licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson caochladh air Ceadachdan Luchd-malairt Ath-làimhe

 

7.1  Premises – The Money Shop, 20 Inglis Street and 22 Lombard Street, Inverness

 

There had been circulated Report No HLC-072-13 (26kb pdf) by the Legal Manager relating to applications for variation of two Second hand Dealers licences in respect of premises at 20 Inglis Street and 22 Lombard Street, Inverness.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure. The Report recommended that that if the application was approved delegated powers be given to the Legal Manager (Regulatory Services) to approve any further requests received from other licensed second hand dealers seeking to use electronic record keeping provided there are no objections from Agencies and Services consulted. 
Mr M Bennett, Solicitor for the Applicant, stated that the Money Shop was a national organisation and they had rolled out an electronic system throughout Scotland and England.  It was more viable for their company to maintain their records electronically.   He asked that the Board also allow them to act as a pawn broker and a second hand dealer which they would operate along with their other dealings in cheque encashment and bureau de change.   Following a question, Mr Bennett assured the Committee that the electronic records would be backed up regularly.

 

The Committee AGREED:

 

1. The variations requested; and
2. That delegated powers be given to the Legal Manager (Regulatory Services) to approve any further requests received from other licensed second hand dealers seeking to use electronic record keeping provided there are no objections from Agencies and Services consulted.

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 3 of Part 1 of Schedule 7A of the Act.

 

9. Civic Government (Scotland) Act 1982
Private Hire Car Driver’s / Operator’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan do Dhràibhearan / Oibrichean Chàraichean airson Fastadh Prìobhaideach

 

9.1  Licence Holder – Marius Chiorean

 

There had been circulated to members only Report No HLC/073/13 by the Legal Manager relating to a letter of representation received from Police Scotland regarding Marius Chiorean, a licensed private hire car operator and driver.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

Mr Marius Chiorean, the licence holder and Mr Steve Cairns, to assist the applicant with any language difficulties, were present.  

 

Mr Chiorean had submitted a letter of support from the Managing Director of Inverness Taxis which was circulated to members.

 

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The Committee AGREED to take no action. 

 

10. Civic Government (Scotland) Act 1982
Applications for Taxi Driver’s / Operator’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Cheadachdan do Dhràibhearan / Oibrichean Tagsaidh

 

10.1 Application for Taxi Driver’s Licence – David Anthony Miller

 

There had been circulated to members only Report No HLC/074/13 by the Legal Manager relating to an application which had been received from David A Miller for the grant of a taxi driver’s licence.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

The applicant was not present.

 

The Committee AGREED to refuse the application on the grounds that the applicant was not a fit and proper person having failed the Highland Section of the Council’s Knowledge Test on 3 occasions.

 

10.2  Application for Grant of a Taxi Driver’s Licence – Donald MacLennan

 

There had been circulated to members only Report No HLC/075/13 by the Legal Manager relating to an application which had been received from Donald MacLennan for the grant of a taxi driver’s licence. A letter of objection to the application had been received from Police Scotland.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

Mr Donald MacLennan, the applicant, was present.

 

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Mr R Laird, seconded by Mr A Duffy, moved that the application be granted subject to Mr MacLennan passing the knowledge test and subject to the standard conditions. 

 

Mr A Henderson, seconded by Mr R Greene, moved as an amendment that the application be refused. 

 

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

 

For the motion (7):

 

Mr I Cockburn, Mr A Duffy, Mr R Laird, Mr D Millar, Mr J Rosie, Ms M Smith and Mr J Stone.

 

For the amendment (4):

 

Mr R Greene, Mr A Henderson, Mrs L MacDonald and Mr W MacKay.

 

Abstained from Voting (1):

 

Mr H Wood

 

The motion therefore became the finding of the meeting and the application was GRANTED subject to the standard conditions and the applicant sitting and passing the taxi driver’s knowledge test.

 

The meeting closed at 11.10 pm.