Minute of the Meeting of the Ross, Skye and Lochaber Licensing Committee held in the Council Chamber, Lochaber House, High Street, Fort William, on Tuesday 21 October 2008 at 11.00 am.
Mr Richard Greene
Mr Allan Henderson
Mr Brian Murphy
Mr Drew Millar
Mrs Angela MacLean (via video conferencing link for all items except 4 and 7)
Mr Alaisdair H Mackenzie, Area Solicitor
Mrs Julie Traynor, Administrative Assistant
Also in Attendance:
Chief Inspector John Chisholm
Mr M Iqbal, Scorpion (UK) Limited (Item 7)
In the absence of the Chairman, Mrs Margaret Paterson, the Committee unanimously appointed Mr Brian Murphy to chair the meeting.
Declarations of Interest - None
1. Apologies for Absence
Apologies for absence were intimated on behalf of:
Mrs Margaret Paterson
Mrs Jean Urquhart
Mr David Alston
Mr Craig Fraser
Mr John Laing
2. Timetable of meetings for 2009
The Committee agreed that meetings in 2009 be held on the third Tuesday of every month with the venue to be determined by the number of Hearings arising from a particular Area.
3. Confirmation of Minutes
There had been circulated for confirmation the Minute of the Meeting of the Ross, Skye and Lochaber Licensing Committee held on 16th September 2008.
Subject to correcting the spelling of Mr Drew Millar’s surname, the Minute was held as read and approved.
4. Application for the grant of a Taxi Driver’s Licence – David N MacLeod
There had been circulated Report No LCR-025-08 (18kb) by the Area Solicitor inviting the Committee to determine this application in terms of the Hearings Procedure.
The Applicant although invited to attend was not present.
Chief Inspector Chisholm addressed the meeting with regard to his letter of objection of 17th September 2008 which had been circulated to members.
The Committee agreed to refuse the application on the ground that the Applicant was not a fit and proper person to be the holder of a Licence.
5. Application for renewal of a Taxi Driver’s Licence – James G MacDonald
There had been circulated Report No LCR-026-08 (18kb) by the Area Solicitor inviting the Committee to consider whether a Hearing should be held to consider if the Licence Holder continued to be a fit and proper person to hold a Licence in light of the fact that he had had 6 penalty points endorsed on his Driving Licence as a result of receiving two speeding fixed penalties.
The Committee noted that no objections had been received and agreed to grant the Application.
6. Taxi Licence – John Hutton
There had been circulated Report No LCR-027-08 (18kb) by the Area Solicitor advising that a written representation had been received from Northern Constabulary regarding an ongoing investigation with regard to the Licence Holder.
The Committee agreed to take no action until after any action which might be taken as a result of the investigation had been concluded.
7. Application for renewal of a Market Operator’s Licence – Scorpion (UK) Limited
There had been circulated Report No LCR-028-08 (27kb) by the Area Solicitor relating to an application for renewal of a Market Operator’s Licence which had been deferred from the meeting on 17th June 2008 and would require to be determined in accordance with the Hearings Procedure.
Mr M Iqbal, on behalf of the Applicant, advised the Committee that he was amending his Application by removing references to being allowed to trade on the Monday or Friday of Public Holidays and Christmas and New Years’ Eves. He asked that the Committee grant the Application to operate the Market every Thursday subject to being granted Planning Permission for the period following 1st April 2009.
The Committee agreed to grant the application subject to the Applicant ceasing to trade in the event of not obtaining Planning Permission for the period after 1st April 2009.
8. Application for the grant of a Window Cleaner’s Licence – Jeffrey Hilton
There had been circulated Report No LCR-029-08 (14kb) by the Area Solicitor relating to an application for the grant of a Window Cleaner’s Licence. As further information may be required before determining the application, the Report recommended that the Committee agree to defer determination of the application, either (a) to allow it to be approved under delegated powers in the event that no objections were received or (b) to a future meeting of the Committee when the application would be determined in terms of the Hearings Procedure.
The Committee agreed the recommendation.
The Chairman agreed consideration of additional Item 9 following although not on the Agenda as the matter had come to light after the Agenda had been circulated.
9. Taxi Driver’s Licence – Barbara MacFarquhar
The Area Solicitor advised the Committee that when the Licence Holder had advised him that she was diabetic he had suspended her Licence and asked her to undertake a medical examination.
The medical investigation disclosed that she was fit to drive “using the DVLA Fitness to Drive Standards”.
The Committee noted that the Council’s policy was that Taxi Drivers should meet the DVLA Group 2 medical standards but were willing to lift the suspension if the Taxi Driver met the C(1) exception to the standards.
The Committee homolgated the action taken by the Area Solicitor and agreed to lift the suspension which would be re-imposed if clarification of the medical opinion revealed that the Taxi Driver did not meet the C(1) exception to the Group 2 medical standards.
There being no further business, the meeting concluded at 11.35 am.