Agendas, reports and minutes

Highland Licensing Committee

Date: Tuesday, 4 February 2014

Minutes: Read the minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 4 February 2014 at 10.30 am.
 
Present:
 
Dr I Cockburn, Mr A Duffy, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Mr W Mackay, Mr D Millar, Ms M Smith 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 A Henderson, Police Scotland
Sergeant S Campbell, Police Scotland
 
Also in Attendance:
 
Item 8A.1 –  Mr C McIntosh, Applicant
Item 10.1 –  Mrs S Rattray, Applicant’s Representative
Item 11.1 -   Mr C Wilson, Applicant, and Mrs L Murray, Solicitor for the Applicant
Item 11.2 –  Mr M Bogue, Applicant, and Mrs L Murray, Solicitor for the Applicant
Item 11.3 -   Mr D Maclennan, Applicant and Mr D Mackenzie, Solicitor for the Applicant
Item 11.4 -   Mr D Maclennan, Applicant and Mr D Mackenzie, Solicitor for the Applicant
Item 11.5 -   Mr E Taylor, Licence Holder
Item 12.1 –  Mr R Murray, Applicant
 
Ms M Smith in the Chair
 
The Chair 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
 
An apology for absence was intimated on behalf of Mr J Stone.
 
2. Declarations of Interest
Foillseachaidhean Com-pàirt 
 
Item 11.5 – Mr A Duffy (non-financial)
 
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 17 December 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-001-14 (21kb 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 4 December 2013 to 22 January 2014.
 
The Committee NOTED the report.
 
5. Pending Applications - 3 Monthly Considerations
Iarrtasan ri Thighinn – Beachdachaidhean 3 Mìosac
 
There had been circulated Report No HLC-002-14 (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 
Late Hours Catering
Achd Riaghaltais Chatharra (Alba) 1982
Cheadachd Sholarachd Uairean Anmoch 
 
There had been circulated Report No. HLC-003-14 (32kb pdf) by the Legal Manager which provided Members with feedback from the various Services in relation to the granting of additional hours for three late hours catering premises within Inverness City Centre for the festive period.
 
It was reported that Police Scotland, the Scottish Fire and Rescue Service and the Council’s Environmental Health Service had confirmed that there had been no notable impacts or issues arising from the grant of the additional hours.
 
On hearing further from the Legal Manager and Senior Licensing Officer, the Committee AGREED:-
 
i. to grant delegated powers to the Legal Manager to approve any future requests for either exemption from the requirement to hold a licence or variation of licence, in respect of hours either within or outwith policy,  in relation to the future Festive periods and for the period of any other significant event or occasion;
ii. that the fee to be charged for an application for exemption from the 
requirement to hold a licence be set at £109; 
iii. that any exemptions granted under delegated powers would have the standard late hours catering conditions attached to the same and such other conditions as may be recommended by consultees; and
iv. that with regard to BST clock changes, a similar Policy to that adopted in liquor licensing be adopted i.e. the clock change has no effect on the number of hours for which the premises is authorised to open. 
 
7. Taxi Tariff Review
Ath-sgrùdadh air Taraif Thagsaidhean
 
There had been circulated Report No HLC-004-14 (420kb pdf) by the Legal Manager advising the Committee of the responses received from the taxi trade in relation to the review of the current taxi fare scales. Two responses had been received from the Inverness Taxi Alliance and the Highland Driver’s Association. Members were invited to consider the responses and the additional information in the Report and thereafter agree a draft tariff for public consultation.
 
The Senior Licensing Officer tabled further information on the percentage increases applied to taxi fare scales in the proposals submitted by the Inverness Taxi Alliance and the Highland Driver’s Association.
 
During discussion, Members raised the following points:-
•that increasing the tariff to the level proposed by the taxi trade would benefit the larger companies but have a detrimental impact on the employment opportunities and earnings of many taxi drivers; 
•to reflect the current economic and financial climate, the Committee should consider a potential freeze on the taxi tariff; 
•that any decision to freeze the tariff would result in taxi fares in the Council’s area being one of the lowest amongst Scottish local authorities. Therefore it was suggested that the draft tariff be set to reflect the Scottish average which would result in a relatively modest increase on the existing scales. It was also noted that the tariff had effectively been frozen in the last review in 2012/13; and 
•that the percentage increases proposed by the Taxi trade were significant and the Committee should therefore consider an alternative proposal which would reflect the increasing costs being incurred by the taxi trade but also take into account the impact on customers already impacted by higher living costs and pressure on wage levels. The geography of the Highlands should also be recognised and particularly that in many remote and rural areas customers relied on taxi services due to the lack of public transport in some areas.
During further discussion and specifically on the proposals submitted by the Highland Driver’s Association, the consensus amongst Members was not to accept the proposals to: (i) reintroduce a surcharge for items of luggage, (ii) increase the charge for travelling from base to a pick up point from £6.50 to £10, or to (iii) adjust the timings for Tariff 2. However Members accepted that there should be no increase in yardage and waiting time and that there was a need to better advertise to customers that surcharges would be applied to credit and debit card payments. 
 
Thereafter the Chair seconded by Mr D Millar moved:-
 
i. the following changes to the draft tariff for public consultation: a) the flag drop to be increased by 30p on tariffs 1, 2 and 3; and (b) the £6.50 charge be increased to £7.50; and
ii. that officers investigate how best to advertise the display surcharges for credit and debit card payments. 
 
Mr A Duffy seconded by Mr H Wood moved as an amendment the proposals for the draft tariff detailed in the motion, subject to the flag drop being increased by 20p on tariffs 1, 2 and 3.
 
On a vote being taken, votes were cast as follows:-
 
For the motion (5):
 
Dr I Cockburn; Mr R Greene; Mr A Henderson; Mr D Millar; Ms M Smith.
 
For the amendment (4):
 
Mr A Duffy; Mrs L Macdonald; Mr W Mackay; Mr H Wood
 
Decision
 
The motion therefore became the finding of the meeting and the Committee AGREED:-
 
i. the following changes to the draft tariff for public consultation: a) the flag drop to be increased by 30p on tariffs 1, 2 and 3; and (b) the £6.50 charge be increased to £7.50; and
ii. that officers investigate how best to advertise the display surcharges for credit and debit card payments. 
 
8. Applications for a Public Entertainment Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Ceadachd Aoigheachd Phoblaich
 
8.1  Premises – Badenoch Centre, Spey Street, Kingussie
 
There had been circulated Report No HLC-005-14 (23kb pdf) by the Legal Manager relating to an application for a Public Entertainment Licence for the Badenoch Centre by Highlife Highland. The Report confirmed that no objections had been received in response to the application from Police Scotland, Scottish Fire and Rescue Service and the Council’s Environmental Health Service.  However the Council’s Building Standards Service had advised they required further information and certification in regard to an internal marquee which would be used in the sports centre of the Hall. 
 
The Senior Licensing Officer reported that the further information and certification requested in regard to an internal marquee had been submitted by the Applicant. In response to which the Building Standards Service had confirmed it had no objections to the application. The Licence could therefore be issued by the Legal Manager under delegated powers.
 
The Committee NOTED that the Licence would be issued by the Legal Manager under delegated powers.
 
8A.      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
 
8A.1 Application for Grant of Taxi Operator’s Licence – Christopher McIntosh
 
There had been circulated Report No HLC-006-14 (18kb pdf) by the Legal Manager relating to an application which has been received from Mr Christopher McIntosh for the grant of a taxi operator’s licence. The Report advised that in terms of the Civic Government (Scotland) Act 1982 the application required to be determined within a period of six months, which in this case was by 12 February 2014. 
 
The Senior Licensing Officer confirmed that to date the applicant had not yet presented a vehicle to be used as a taxi for the Council’s taxi inspection or a taxi meter test.  
 
The Committee heard from Mr C McIntosh, Applicant, who explained the circumstances whereby he had not yet acquired a vehicle to be operated as a taxi. However he explained that he hoped to be in possession of a vehicle in the near future and therefore requested an extension to the six month determination period to allow the vehicle to be inspected and taxi meter to be tested and sealed, and all relevant documentation to be submitted.
 
The Legal Manager clarified that under the provisions of the Civic Government (Scotland) Act 1982 the Licensing Authority could not legally grant an extension to the six month determination period.
 
In response to the Applicant the Legal Manager also explained that it would not be appropriate to waive the fee for a further application in the event that the current application could not be determined by 12 February 2014, on the basis that this may create a precedent in respect of other applications.
 
Following discussion, the Committee AGREED to grant delegated powers to the Legal Manager to refuse the application in the event that by 12 February 2014, the vehicle had not: (i) passed the Council’s inspection, (ii) the taxi meter had not been tested and sealed, and (iii) the relevant documentation for the vehicle had not been submitted.  
 
8B.     Additional Item
Review of Public Entertainment Licence Activities 
Ath-bhreithneachadh air Gnìomhachd Ceadachd Cur-seachad Poblach 
 
With the agreement of the Chair, the Legal Manager referred to the ongoing consultation in relation to the review of public entertainment licence activities, and specifically that part of the consultation relating to outdoor sports events. He advised that in response to the consultation a number of representations had been received from organisations involved in outdoor sports. In view of the representations received he requested that Members agree to extend the consultation period to allow further investigation of issues around outdoor sports activities and discussions with the relevant organisations. 
 
The Committee AGREED to extend the consultation period and that a report on the outcome of the consultation be submitted to the scheduled meeting on 17 June 2014. 
 
9.     The Committee resolved 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
 
10.      Civic Government (Scotland) Act 1982 
Applications for Private Hire Car Driver’s / Operator’s Licences 
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Ceadachdan do Dhràibhearan / Oibrichean Chàraichean airson Fastadh Prìobhaideach
 
10.1  Application for Private Hire Car Driver’s Licence – Joshua Rattray 
 
There had been circulated to Members only Report No HLC/007/14 by the Legal Manager relating to an application which has been received from Joshua Rattray for a private hire car driver’s licence. 
 
The Committee heard from the Applicant’s representative, Mrs S Rattray, and from Inspector A Henderson, Police Scotland, in relation to the application.
 
The Chair seconded by Mr D Millar moved that the application be refused on the grounds that the Applicant was not a fit and proper person to hold a private hire car driver’s licence.
 
Mr A Duffy seconded by Mr W Mackay moved as an amendment that the application be granted subject to the standard conditions. 
 
On a vote being taken, votes were cast as follows:-
 
For the motion (3):
 
Mr R Greene; Mr D Millar; Ms M Smith.
 
For the amendment (6):
 
Dr I Cockburn; Mr A Duffy; Mr A Henderson; Mrs L Macdonald; Mr W Mackay; Mr H Wood.
 
Decision
 
The amendment therefore became the finding of the meeting and the Committee AGREED to grant the application subject to the standard conditions 
 
11.  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
 
11.1 Application for Grant of Taxi Driver’s Licence – Colin Wilson
 
There had been circulated to Members only Report No HLC/008/14 by the Legal Manager relating to an application which has been received from Mr Colin Wilson for the grant of a taxi driver’s licence.
 
The Committee heard from Mr C Wilson, Applicant and Mrs L Murray, Solicitor for the Applicant, in support of the application. 
 
It was confirmed that Police Scotland had no objections or representations in response to the application.
 
The Committee AGREED to grant the application, in principle, on the basis that it be delegated to the Legal Manager to issue the Licence or refuse it in the event that the Taxi Driver’s Knowledge Test was not passed before the end of the six month determination period.
 
11.2 Application for Grant of Taxi Operator’s Licence – Mark Bogue
 
There had been circulated to Members only Report No HLC/009/14 by the Legal Manager relating to an application which has been received from Mr Mark Bogue for the grant of a taxi operator’s licence.
 
The Committee heard from Mrs L Murray, Solicitor for the Applicant, in support of the application. 
 
Following discussion the Committee AGREED to:-
 
i. approve the application, in principle, subject to: (a) the Applicant’s vehicle being presented and passing the taxi inspection and meter test and the relevant certification being submitted; and (b) it being delegated to the Legal Manager to issue the licence or refuse it in the event that the inspection/meter test has not been carried out and the vehicle documents submitted before the end of the six month determination period, and
 
ii. in relation to the existing licences, to warn the Licence Holder with regard to his future conduct.
 
At this point, the meeting was adjourned for lunch at 12.40pm and reconvened at 1.15pm.
 
11.3 Application for Grant of Taxi Operator’s Licence – Donald MacLennan
 
There had been circulated to Members only Report No HLC/010/14 by the Legal Manager relating to an application which has been received from Mr Donald MacLennan for the grant of a taxi operator’s licence.
 
The Committee heard from Mr D Mackenzie, Solicitor for the Applicant, and Inspector A Henderson, Police Scotland in relation to the application. Mr D Mackenzie also tabled a number of letters which had been submitted in support of the Applicant.
 
The Chairman seconded by Mr A Duffy moved that the application be approved, in principle, subject to: (a) the Applicant’s vehicle being presented and passing the taxi inspection and meter test and the relevant certification being submitted; and (b) it being delegated to the Legal Manager to issue the licence or refuse it in the event that the inspection/meter test has not been carried out or the documents submitted.
 
Mr H Wood moved as an amendment that consideration of the application be deferred but on failing to find a seconder the amendment fell. 
 
The Committee AGREED to approve the application, in principle, subject to: (a) the Applicant’s vehicle being presented and passing the taxi inspection and meter test and the relevant certification being submitted; and (b) it being delegated to the Legal Manager to issue the licence or refuse it in the event that the inspection/meter test has not been carried out and the vehicle documents were not submitted before the end of the six month determination period.
 
11.4 Licensed Taxi Driver – Donald MacLennan
 
There had been circulated to Members only Report No HLC/011/14 by the Legal Manager relating to a licensed taxi driver, Donald MacLennan.
 
The Committee heard from Mr D Mackenzie, Solicitor for the Applicant, and Inspector A Henderson, Police Scotland. 
 
The Committee AGREED that the Licence Holder be warned with regard to his future conduct.  
 
11.5 Licensed Taxi and Private Hire Car Driver – Eric Taylor
 
Mr A Duffy declared a non-financial interest in this item on the grounds that the Licence Holder was a friend and colleague and he left the Chamber during the determination of this item.
 
There had been circulated to Members only Report No HLC/012/14 by the Legal Manager relating to a licensed taxi and private hire car driver, Eric Taylor.
 
The Committee heard from Mr E Taylor, Licence Holder.
 
The Committee AGREED to warn the Licence Holder with regard to his future conduct.
 
12.  Civic Government (Scotland) Act 1982 
Application for Street Trader’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Ceadachd Neach-malairt Sràide
 
12.1 Application for a Street Trader’s Licence – Robert Murray
 
There had been circulated to Members only Report No HLC/013/14 by the Legal Manager relating to an application which has been received from Robert Murray for the grant of a street trader’s licence.
 
The Committee heard from Mr R Murray, Applicant and from Inspector A Henderson, Police Scotland.
 
On hearing from the Legal Manager in regard to documentation that had been appended to the Report, the Committee AGREED to grant the application subject to the standard conditions. 
 
The meeting closed at 2.05pm. 
 
 

Meeting Downloads