Minute of Meeting of the
Caithness, Sutherland and Easter Ross Licensing Committee
held in Assembly Rooms, Wick
on Tuesday 29 April, 2008
Present:
Mr Alasdair Rhind, Chairman
Mr David Flear
Mrs Linda Munro
Mr John Rosie
Non Members Also Present:
Mr Robert Coghill
In Attendance:
Fiona Sinclair, Area Solicitor
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mrs Deirdre Mackay, Mr Michael Finlayson, Mr William Mackay and Ms Maxine Smith.
2. Minutes of Meetings
The Minutes of the Meetings of the Licensing Committee held on 18 March 2008 were approved.
3. Civic Government (Scotland) Act 1982 – Application for Taxi Driver’s Licence – Michael Heddle
There was circulated at the meeting Report by the Area Solicitor inviting the Committee to consider an application for a taxi driver’s licence received from Michael Heddle. The matter had been brought before the Committee due to the fact that Mr Heddle had not declared all of his previous convictionson his application form. There were no objections to the application.
Mr Heddle was present at the meeting. The Committee heard from the Applicant in relation to the matters raised in the report.
Following the hearing the Committee agreed that it was minded to GRANT the application for a restricted period of one year although, noting that Mr Heddle had yet to pass the Council’s knowledge test, the Licence should not be issued until Mr Heddle had attained a satisfactory pass mark.
4. Civic Government (Scotland) Act 1982 – Application for Taxi Driver’s Licence – John G Allan
There was circulated at the meeting Report by the Area Solicitor inviting the Committee to consider an application for a taxi driver’s licence received from John George Allan. The matter had been brought before the Committee following a letter of objection from Northern Constabulary. Mr Allan was present at the meeting as were Sergeant Raeburn and Constable Manson from Northern Constabulary. The Meeting followed the Hearings Procedure.
Following the hearing the Committee agreed that it was minded to REFUSE the application on the grounds that Mr Allan was not a fit and proper person to hold a taxi driver’s licence.
5. Civic Government (Scotland) Act 1982 – Application for Taxi Driver’s Licence - Gavin Fulton
There was circulated at the meeting Report by the Area Solicitor inviting the Committee to consider an application for a taxi driver’s licence received from Mr Gavin Fulton. No objections to the application had been received. The application had been brought before the Committee due to Mr Fulton’s previous convictions. The Committee heard from the applicant in relation to the previous convictions and in support of his application.
The Committee agreed that Mr Fulton was a fit and proper person to hold a taxi driver’s licence and agreed to GRANT the licence for a period of three years.
6. Civic Government (Scotland) Act 1982 – Application for Street Traders’s Licence – Michael Barker
Mrs Sinclair explained that the applicant had requested that consideration of this application be DEFERRED to a future meeting. The Committee so agreed.
7. Riding Establishments Acts 1964 and 1970 – Application for Riding Establishment Licence – Highland Unbridled, Ms Jan O’Neill
There was circulated at the meeting Report by the Area Environmental Health Manager inviting the Committee to consider an application for a Riding Establishment Licence received from Ms Jan O’Neill in respect of premises known as Highlands Unbridled, Keepers Cottage, Doll, Brora. Copies of the application, the report from Fraser & Fraser (Vets) Ltd, the SSPCA report, and correspondence with Northern Constabulary were also circulated as were two reports from the applicant responding to the issues raised by Northern Constabulary and by the Environmental Health Officer and the Animal Health Officer. The Committee noted that the Council, as Licensing Authority must ensure that the applicant appears to them to be suitable and qualified and that the Council must ensure that the health, safety and wellbeing of the horses is protected in various respects as set out in the legislation. Mr and Mrs O’Neill were present at the meeting as were Mr Ratter the Council’s Area Environmental Health Manager, Mr Hurst the Environmental Health Officer, Miss Sutherland the Council’s Animal Health and Welfare Officer and Inspector Mackinnon from Norhtern Constabulary. The Meeting followed the Hearings Procedure.
Following the hearing the Committee agreed to GRANT a PROVISIONAL for a period of three months, subject to the standard conditions and additional conditions fixed by officials to take account of the concerns expressed in the reports to Committee, and the following matters:
1. The licenceholder shall ensure that (a) a satellite telephone or other appropriate telecommunications equipment to be approved the Council is in full working order and is available for use on all treks; and (b) a handheld Global Positioning System approved by the Council is available for use on all treks.
2. The licenceholder will alert the Council’s veterinary inspector and animal health and welfare officer immediately the horses return from a long trek in order that the veterinary inspector and animal health and welfare officer can inspect the horses.
3. The contingency plans in the event of an emergency occurring on a trek will be prepared, submitted and thereafter approved by the Area Environmental Health Manager prior to the first trek in order to ensure the safety of animals and members of the public on treks.
4. No persons under the age of 16 years will be permitted to use the services of the riding establishment unless accompanied at all times by a parent or guardian.
8. Gambling Act 2005 – Small Society Lotteries
There had been circulated report LCC/9/08 dated 22 April 2008 by the Area Solicitor providing members with an update on the registration of small lotteries under the Gambling Act 2005.
The Committee noted the position in terms of the action taken to ensure that voluntary organisations submitted appropriate returns, endorsed the action taken to date and noted that further action will be required in some cases.
The meeting concluded at 12.45 pm.