Minute of the meeting of the Ross, Skye and Lochaber Licensing Committee held in Council Chamber, Lochaber House, Fort William on Tuesday 9th March 2010 at 11.00 am.
Mr Bren Gormley
Mr Richard Greene
Mr Allan Henderson
Mr John Laing (via video conference from Portree)
Mr Andrew Millar
Mr Brian Murphy
Mrs Margaret Paterson
Mr Alaisdair H Mackenzie, Area Solicitor
Mrs Elizabeth Gardner, Trading Standards Officer
Mr Stewart Hiddleston, Assistant Trading Standards Officer
Also in attendance:
Sergeant Donald Campbell, Northern Constabulary
Chief Inspector John Chisholm, Northern Constabulary
Mr John O’Neil
(Mrs Margaret Paterson in the Chair)
Declarations of Interest – none
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr Craig Fraser, Mrs Angela MacLean and Mrs Jean Urquhart.
2. Confirmation of Minutes
There had been circulated for confirmation the Minute of the Meeting of the Ross, Skye and Lochaber Licensing Committee held on 26th January 2010.
The Minute was held as read and approved.
3. Application for a Public Entertainment Licence – Strathpeffer Community Council
There had been circulated Report No LCR-005-10 (18kb pdf) by the Area Solicitor recommending that the Committee agree to defer determination of the application, either (a) to allow it to be approved under delegated powers 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.
4. Application for renewal of a House in Multiple Occupation Licence – Hart Hotels Limited
There had been circulated Report No LCR-006-10 (18kb pdf) by the Area Solicitor recommending that the Committee agree to defer determination of the application, either (a) to allow it to be approved under delegated powers 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.
5. Application for a Public Entertainment Licence – Aultbea Community Hall
The Area Solicitor advised the Committee that this Report had been withdrawn as the application had been approved under delegated powers following the submission of a satisfactory Electrical Safety Certificate.
The Committee noted the position.
6. Private Hire Car Operator’s Licence – Mr Jon O’Neil
There had been circulated Report No. LCR-008-10 (23kb pdf) by the Area Solicitor inviting the Committee to consider whether any action should be taken against the Licence Holder in the form of a warning or suspension following the receipt of a Report from Trading Standards that the Licence Holder had failed to maintain his private hire car in line with the Council’s standards.
Mrs Elizabeth Gardner spoke to her Report, which was circulated to the members and the Licence Holder. Mr O’Neil had accumulated 26 penalty points under the Council’s penalty points system and had thus failed to demonstrate that he met the standards for maintaining his car required by the Council contrary to condition 1 of the conditions of his Licence.
Mr O’Neil addressed the Committee and made the following points:
- He had not been aware of the penalty points system until after his car had failed its first examination;
- He was the only earner in his household and could not afford a pre-examination/MOT inspection;
- Even if he had had the car pre-examined this was no guarantee that the car would pass the examination/MOT;
- He had garage bills which proved that he did have work carried out to the car;
- He was making an effort to conform and would not knowingly use his car to carry members of the public if he thought that there was a danger to them;
- He was buying a new car that week which would replace the existing one;
Following questions and discussion, Mr Richard Greene, seconded by Mr Brian Murphy, moved that the Licence be suspended until the Licence Holder’s new vehicle had been licensed for the following reasons: there was a threat to public safety by reason of the car not being maintained to the Council’s standards and a breach of condition 1 of the Licence.
7. Licences Granted under Delegated Powers under the Civic Government (Scotland) Act 1982, and Marriage (Approval of Places) (Scotland) Regulations 2002
There had been circulated and noted Report No LCR-009-10 (20kb pdf) by the Area Solicitor relating to the Licences and Approvals granted under delegated powers in terms of the Civic Government (Scotland) Act 1982, and Marriage (Approval of Places) (Scotland) Regulations 2002 for the period 15th January to 25th February 2010.
There being no further business, the meeting concluded at 1135 am.