Minute of Meeting of the
Caithness, Sutherland and Easter Ross Licensing Committee
held in Helmsdale Community Centre, Dunrobin Street, Helmsdale
on Monday 1st February 2010 at 11am
Mr Alasdair Rhind, Chairman
Mr David Flear
Mrs Deirdre Mackay
Mr William Mackay
Mr John Rosie
Mr Donald Somerville, Area Solicitor
Inspector Aitken, Northern Constabulary
Inspector Reiss, Northern Constabulary
Mr Chris Ratter, Environmental Health Manager
Ms Anne Macrae, Administrator
Ms Laura Gunn, Clerical Assistant
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr Michael Finlayson, Mrs Katrina MacNab, Ms Maxine Smith, and Mrs Linda Munro.
2. Confirmation of Minutes
There had been circulated for confirmation Minute of Meeting of the Licensing Board held on 14th December 2009. The Minute was held as read and was approved.
3. Civic Government (Scotland) Act 1982 – Licensed Taxi Driver – Notification of Conviction
There had been circulated report (LCC/01/10) dated 15th January 2010 by the Area Solicitor relating to Mr Konstantinos Kritsotakis, a licensed taxi driver, who had received a conviction which had not been declared to the Council, as licensing authority in contravention of Condition 25 of the taxi driver licence conditions. It was recommended that Members consider whether Mr Kritsotakis was a fit and proper person to continue to hold a licence
The Committee noted that Mr Kritsotakis was present at the meeting and he was invited to address Members in relation to the matter. He explained to the Committee the circumstances which had led to the conviction and presented a letter from his current employer supporting the fact that he was a fit and proper person to continue to hold a licence, and explained that he had sought to notifiy the Council of the conviction at the appropriate time.
The Committee also heard from Inspector Greenlees on the details of the incident and the subsequent conviction.
Following consideration, Members reminded Mr Kritsotakis of his responsibilites as a taxi driver with regard to public safety.
Thereafter the Committee AGREED that Mr Kritsotakis was a fit and proper person to continue to hold a taxi licence, and to take no further action on the matter.
4. Application for the Grant of a Licence for a House in Multiple Occupation
There had been circulated report (LCC/02/10) dated 15th January 2010 by the Area Solicitor which relates to an application for a licence for a house in multiple occupation in respect of The Dornoch Hotel, Dornoch.
The Area Solicitor reported on further correspondence received from the applicant’s agent requesting that the application be granted, subject to a period of 3 months being allowed for completion of the works contained in the schedule of non compliance.
The Committee heard from Mr John Gunn, Solicitor, Arthur and Carmichael, on behalf of the applicants, who confirmed that the works had been instructed.
During discussion, Members noted that the application related to staff accommodation within the Hotel and having regard to the schedule of works that remained outstanding, expressed concern that the works be completed as soon as possible to ensure that staff were provided with a good standard of accommodation
The Committee AGREED to grant the application, subject to standard conditions, and an additional condition that the outstanding schedule of works be completed within three months of the date of the permission.
5. Application for a Licence under The Dangerous Wild Animals Act 1976
There had been circulated report (LCC/03/10) dated 21st December 2009 by the Area Environmental Health Manager inviting Members to consider an application for a licence under the Dangerous Wild Animals Act 1976 to keep 17 wild boar and 2 European elk in respect of premises known as Alladale Estate. The report indicated that one objection had been received from the Access Officer on the grounds that the application would be contrary to the access rights conveyed in the Land Reform Act 2003.
It was confirmed that the applicant’s agent had been notified of the meeting, but was not in attendance, and that Mr M Dent, Access Officer was present.
Members heard from the Environmental Health Manager who gave an outline of the application, and advised that there were no issues in terms of the Dangerous Wild Animals Act, and that the licence be granted subject to the conditions attached to the report.
Members heard from the Access Officer in relation to the loss of access rights caused by the enclosure in which the boar and elk would be held. There were a number of gates located around the enclosure and so the area was well equipped to allow access in the event that no dangerous wild animals were held in the enclosure. He had offered to withdraw the objection if the size of the enclosure was reduced, however the applicants had not been agreeable to this suggestion.
Responding to questions the Area Solicitor advised Members that they should determine the application under the provisions of the Dangerous Wild Animals Act 1976. Members were also advised that should the application be refused there would be no obligation on the landowner to remove the fence.
Following further discussion it was AGREED to grant the application for a licence under the Dangerous Wild Animals Act 1976, subject to the conditions detailed in the report.
The meeting closed at 11.45am.