• Agenda

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 17 December 2013 at 10.30 am.

 

Present:

 

Dr I Cockburn, Mr A Duffy, Mr R Greene, Mrs L Macdonald, Mr W Mackay (by video conference from Wick), 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
Ms A Macrae, Committee Administrator

 

Also Attending:

 

Inspector M MacInnes, Police Scotland
Sergeant S Campbell, Police Scotland

 

Also in Attendance:

 

Item 8.1 - Mr G Watson, Solicitor for Licence Holder, Mr A Afif, Licence Holder
Item 8.1 - Mr C Duncan, Licence Holder, and Mr E Killig, Licence Holder    
Item 10.1 - Mr K Avis-Gordon, Licence Holder and Mr A Beaton, Complainant

 

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 intimated on behalf of Mr A Henderson and Mr J Rosie.

 

The Chair advised that Mr R Laird had resigned from the Committee with effect from 12 November 2013.

 

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 5 November 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-081-13 (25kb 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 23 October 2013 to 3 December 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-082-13 (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.  Civic Government (Scotland) Act 1982
Applications for a Public Entertainment Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Ceadachd Aoigheachd Phoblaich

 

6.1 Premises: Strathnaver Museum

 

There had been circulated Report No HLC-083-13 (412kb pdf) by the Legal Manager relating to an application for the renewal of a Public Entertainment Licence for Strathnaver Museum and advising that a late objection had been received from TEC Services (Environmental Health) in response to the application.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

The Committee AGREED to accept the late objection received from TEC Services (Environmental Health) on the grounds that they had been unable to comment within the statutory consultation period of 28 days from the date of receipt of the application as the electrical report had not been submitted.

 

Thereafter, the Senior Licensing Officer reported that the electrical report received in respect of the premises had identified a number of items which required to be rectified as a matter of urgency before the electrical installation at the premises could be considered to be satisfactory.

 

The Senior Licensing Officer further reported that correspondence had been received from the Applicant confirming that it was not their intention to open to the public until the beginning of April 2014, by which time all the outstanding works identified in the electrical report should have been completed.

 

Following further discussion, the Committee AGREED to grant the application subject to the standard conditions and an additional condition that the premises should not open to the public until a satisfactory electrical certificate was produced.

 

7.  Civic Government (Scotland) Act 1982
Application for Taxi Driver’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Ceadachd Dràibhear Tagsaidh

 

7.1 Application for Taxi Driver Licence – Ahmed Hussain

 

There had been circulated Report No HLC-084-13 (17kb pdf) by the Legal Manager relating to an application for the grant of a Taxi Driver’s Licence for Mr Ahmed Hussain. The Report indicated that no objections had been received in response to the application but that to date Mr Hussain had not made arrangements to sit the Taxi Driver’s Knowledge Test despite being afforded the opportunity to do so by the Licensing Authority.   The Report invited the Committee to determine the application.

 

The Clerk reminded the Committee that the Civic Government (Scotland) Act 1982 required the Licensing Authority to determine the application within six months of the date of receipt, which in this case would be 21 December 2013.

 

Following discussion, the Committee AGREED that in the event the applicant had not passed the Council’s Knowledge Test by 21 December 2013, to grant delegated powers to the Legal Manager to refuse the application on the grounds that the applicant was not a fit and proper person to hold a Taxi Driver’s licence.

 

8.  Civic Government (Scotland) Act 1982
Application for exemption of a Late Hours Catering Licence
Achd Riaghaltais Chatharra (Alba) 1982
Tagradh airson saorsa bho Cheadachd Sholarachd Uairean Anmoch

 

8.1 Premises – Zoom Takeaway, 23 Baron Taylor Street, Inverness, McDonalds Restaurant, 12-22 High Street, Inverness and Topkapi Takeaway, 44 Baron Taylor Street, Inverness.

 

There had been circulated Report No HLC-085-13 (269kb pdf) by the Legal Manager relating to three separate applications seeking exemptions  under Section 42(5) of the Civic Government (Scotland) 1982 from the requirement to have a Late Hours Catering Licence by Zoom Takeaway, 23 Baron Taylor Street, Inverness, McDonalds Restaurant, 12-22 High Street, Inverness and Topkapi Takeaway, 44 Baron Taylor Street, Inverness.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

The Senior Licensing Officer confirmed that no objections had been received in response to the applications from the Fire and Rescue Service. Similarly TEC Services (Environmental Health) had not objected to the applications subject to the Applicants being made aware of the importance of conducting litter picks in the surrounding streets at the end of the extended hours.  He also tabled a letter received from Police Scotland dated 4 December 2013 confirming no objections to the applications but noting that a different view may be taken if these hours were applied for during the rest of the year, and requesting that the Committee conduct a formal evaluation early in the New Year on the impact of granting the applications.

 

The Committee then heard from Mr G Watson on behalf of Zoom Takeaway, Mr C Duncan, Macdonalds Restaurant, and a representative of Mr A Afif, Topkapi Restaurant in support of their applications.  It was confirmed that the applications sought to bring late hours catering premises into line with the Highland Licensing Board’s festive hours policy for late entertainment premises and to allow the businesses to benefit from customer demand for late hours catering over the festive period.  Mr Watson suggested that for future years it would be helpful if the Committee granted delegated powers to the Clerk to determine such applications. Mr Watson also explained that reference to 4 January 2014 within the application for Zoom Takeaway had been unintentional and he was content to delete that part of the application on the basis it was outwith the Licensing Board’s festive hours policy.

 

The Legal Manager advised that in future years it would be appropriate for future applications which accorded with the Licensing Board’s festive hours policy to be dealt with under delegated powers.  He also suggested that to reflect the significant amount of officer time involved in processing such applications that it be delegated to him to set an application fee for future applications. In regard to the method of application he noted that the Board’s festive hours policy had been agreed in August 2013 which had allowed sufficient time to apply for variations to liquor licences.  The preferred route to dealing with this matter would have been for applications to vary the Late Hours Catering Licences to have been lodged.

 

In discussion Members proposed that prior to consideration of the approach to be adopted for future years a full evaluation of the effects of granting the applications be undertaken.  Therefore it was suggested that reports be requested from Police Scotland, Fire and Rescue Service, and TEC Services (Environmental Health) on the impacts and a further report be submitted back to the Committee in early course.

 

Following further discussion, the Committee AGREED:-

 

i.  subject to Zoom’s application being amended to delete that part relating to
    4 January to grant all three applications subject to the standard conditions
    for a late hours catering licence; and
ii. to call for Reports from Police Scotland, Fire and Rescue Service and
    TEC Services (Environmental Health) with a view to evaluating the effect
    of granting the applications, and to report back to the Committee in early
    course.

 

9.  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 item 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.

 

10.  Civic Government (Scotland) Act 1982
Street Trader’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Cead Ceannaiche Sràide

 

10.1 Street Trader’s Licence – Kim Avis-Gordon

 

There had been circulated to members only Report No HLC/086/13 by the Legal Manager relating to a licensed Street Trader, Ms K Avis-Gordon.  The Report invited the Committee to determine the matter in accordance with the Hearings Procedure.

 

The Committee heard from the complainant Mr A Beaton in connection with his two letters of complaint in relation to the Licence Holder.

 

The Committee also heard from the Licence Holder, Mr K Avis-Gordon, in response to the allegations made by the complainant.

 

Having considered the content of the letters of complaints, the terms of the response received from Police Scotland, and on hearing from both parties, Members expressed the view that there were no grounds to take any action on the matter.

 

Thereafter, the Committee AGREED to take no action on this matter.

 

The meeting closed at 11.30am.