Minute of the meeting of the Ross, Skye and Lochaber Licensing Committee held in the Council Chamber, Council Offices, High Street, Dingwall on Tuesday 1st June 2010 at 11.00 am.

 

Present:
Mr Richard Greene
Mr Allan Henderson
Mrs Angela MacLean
Mr Brian Murphy
Mrs Margaret Paterson
Mr Bren Gormley (via video conference from Fort William for items 1, 2, 3, 4, 6, 7, 8,
12, 13 & 14 only)

 


In Attendance:

 

Mr Alaisdair H Mackenzie, Area Solicitor
Mrs Angela Mair, Administrative Assistant
Mr Angus Anderson, Technical Officer (HMO), item 11 only

 

Also in attendance:

 

Inspector David Greenlees, Northern Constabulary
Mr James McPherson, Applicant item 5
Mr Alexsei Hamilton, Applicant item 9

 


(Mrs Margaret Paterson in the Chair)

 

Declarations of Interest – none

 

1. Apologies for Absence

 

Apologies for absence were intimated on behalf of Mr David Alston, Mr Craig Fraser, Mr John Laing, Mr Andrew Millar 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 20th April 2010.

 

The Minute was held as read and approved.


 
3. Application for a Civil Marriage Venue Approval for Applecross Walled Garden, Applecross

 

There had been circulated Report No LCR-016-10 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 a House in Multiple Occupation Licence for 5A Church Street, Dingwall

 

There had been circulated Report No LCR-017-10 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 an Itinerant Metal Dealer’s Licence – James McPherson

 

There had been circulated Report No LCR-018-10 by the Area Solicitor inviting the Committee to determine the application in accordance with the Hearings Procedure.

 

The Committee, having heard from the Applicant and Inspector David Greenlees, agreed that:

 

 1. If the Applicant was not convicted at his trial for assault at Edinburgh Sheriff Court, the Area Solicitor could grant the application under his delegated powers;


 2. If the Applicant was convicted then the application would be considered in terms of the Hearings Procedure at the next available meeting of the Committee.

 

6. Application for a Knife Dealer’s Licence – Frank Nicol FGM Ltd, Dingwall

 

There had been circulated Report No LCR-019-10 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.

 


7. Application for a Public Entertainment Licence – Shieldaig Village Hall and Grounds

 

There had been circulated Report No LCR-020-10 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.

 

8. Application for a Second Hand Motor Vehicle Dealer’s Licence – Market Street, Ullapool

 

There had been circulated Report No LCR-021-10 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. 


 

9. Civic Government (Scotland) Act 1982 – Notification of a Conviction
 Alexsei Hamilton

There had been circulated Report No LCR-022-10 by the Area Solicitor on the notification of a conviction by the Holder a Taxi Operator's Licence and a Taxi Driver's Licence and inviting the Committee to condier whether or not he continued to be a fit and proper person to hold his Licences.

The Committee, having heard from Mr Hamilton and Inspector David Greenless, agreed to take no action.

 

10. Application for a Street Trader’s Licence – Tiffany Maberley

 

There had been circulated Report No LCR-023-10 by the Area Solicitor inviting the Committee to consider the application for trading hours outside policy, namely the hour of commencement being 8.00 am and the hour of termination being 2.00 am up to four times a year.

The Committee, having considered an e-mail from the Applicant agreed:


1. that the hour of commencement be 8.00 am;
2. that the hour of termination be 12.30 am up to a maximum of four times per year when asked to trade outside Village Halls with an additional condition that she notify the Area Solicitor in writing prior to using the terminal hour of 12.30 am.

 


11. Application for a House in Multiple Occupation Licence for – Staff Block, Tigh an Eilean, Shieldaig

 

There had been circulated Report No LCR-024-10 by the Area Solicitor inviting the Committee to determine the application in accordance with the Hearings Procedure.

The Committee considered a letter from Cathryn Field on behalf of the Applicants apologising for not being able to attend but advising that, apart from the fitting of fire doors with yale locks, all the outstanding work required to meet the Council’s adopted standards had been completed.

Mr Angus Anderson advised the Committee that an inspection would be arranged as soon as the outstanding work was completed.


The Committee agreed that the Licence could be issued by the Area Solicitor in terms of his delegated powers upon receipt of confirmation from TECS that all the required work had been completed to their satisfaction.

 

12. Application for renewal of a Public Entertainment Licence – Mallaig & Morar Community Centre, Mallaig

 

There had been circulated Report No LCR-025-10 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.

 

13. Application for a Public Entertainment Licence – West Highland Museum, Cameron Square, Fort William

 

There had been circulated Report No LCR-026-10 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.

 


14. 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-027-10 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 9th April to 20th May 2010.

 

There being no further business, the meeting concluded at 12.25 pm.