Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 18 October 2011 at 10.30 am.
Mr P Corbett, Mr D Flear, Mr R Greene, Mr W Mackay, Mr D Millar, Mrs M Paterson, Mr A Rhind
Mr A Mackenzie, Legal Manager (Clerk)
Mr G McCormick Environmental Health Officer
Mr M Elsey, Senior Licensing Officer
Mrs W Grosvenor, Licensing Assistant
Miss J Green, Clerical Assistant
Chief Inspector J Neil, Northern Constabulary
Inspector R Aitken, Northern Constabulary
Also In Attendance:
Item 5.1 – Mrs L Murray (Solicitor for the Licence Holder)
Mr P Corbett in the Chair
The Chairman confirmed that the meeting would be webcast and gave a short briefing on the Council’s webcasting procedure and protocol. Accordingly he advised the Committee that items 7.1, 8.1 and 8.2 detailed below, would not be webcast due to the disclosure of personal information relating to the applicants/licence holders.
No declarations of interest were received from any Members.
(Chair – Mr Peter Corbett)
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr A Henderson, Mr R Pedersen, Mr G Rimell and Mrs G Sinclair.
2. Confirmation of Minutes
There had been circulated for confirmation as a correct record the minute of the meeting of the Highland Licensing Committee held on 6 September 2011.
Noting that Mr D Flear had intimated apologies for the meeting held on 6 September 2011, the minute was held as read and APPROVED.
3. Highland Licensing Committee Meetings in 2012
The Committee was asked to note the following meeting dates for 2012, as agreed at The Highland Council on 8 September 2011. All meetings would take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:
4 January 2012
7 February 2012
6 March 2012
3 April 2012
12 June 2012
7 August 2012
4 September 2012
2 October 2012
6 November 2012
4 December 2012
Members AGREED to note the above dates.
4. Licences Granted under Delegated Powers
There was circulated Report No HLC-101-11 (30kb pdf) by the Legal Manager which detailed all Licences which had been granted under delegated powers under the Civic Government (Scotland) Act 1982 and Approvals under the Marriage (Approval of Places) (Scotland) Regulations 2002 in the period from 24 August 2011 to 04 October 2011.
The Committee NOTED the report.
5. Civic Government (Scotland) Act 1982
Late Hours Catering Licence
5.1 Applicant – Max 2, 2-4 Lombard Street, Inverness
There had been circulated Report No HLC-102-11 (38kb pdf) by the Legal Manager relating to a Late Hours Catering Licence in respect of the premises at Max 2, 2-4 Lombard Street, Inverness.
The Committee was invited to consider whether any action should be taken by way of a warning or suspension of the Licence in light of a report from the Area Environmental Health Manager.
Mrs Murray stated that her client Mr Ahmed Nawaz, the Licence Holder, was not available as he was out of the country and would not be back until some time in December. She had been unable to contact him to receive detailed instructions. On this basis she requested that this matter be deferred to the Licensing Committee meeting to be held on 6 December 2011. She confirmed that the main issues detailed in the report from the Environmental Health Service appeared to have been attended to promptly.
Mr P Corbett voiced his concern about the lack of clarity on who owned the property and who held responsibility for the licence.
Mrs Murray confirmed that Inverness Securities were the owners of the property which they leased to Mr Hussain Ali. The Licence Holder was Mr Ahmed Nawaz. She confirmed that Mr Tanveer Siddique, an employee of the Landlord, had applied for a licence in his own name.
Mr D Flear voiced his concern in respect of public safety on the basis of the lack of clarity of who was the responsible person.
The Clerk advised that the Environmental Health Service had powers to deal with any safety issues. Noting that the Licence holder was absent, it would be appropriate for Members to consider the deferral of the item. He also intimated that Northern Constabulary and the Fire Service may have an input concerning any unauthorised accommodation in the upper part of the premises.
Mr G MacCormick confirmed that his Service had been dealing with Mr Siddique in respect of the safety issues which had arisen in the premises. He advised that his Service would be keeping a “watching brief” on the premises and that he would be making regular and unannounced visits to the premises to ensure compliance and that public health and safety was being maintained.
Chief Inspector J Neil stated that any issues regarding HMO offences would be reported by his Service to the Committee.
The Legal Manager advised that consultation should be undertaken with the Fire Service and noted that all relevant reports and information should be made ready in good time for the meeting of the Licensing Committee on 6th December.
After consideration Members AGREED:
- to defer consideration of the item to the meeting of the Licensing Committee to be held on 6 December 2011;
- to call for reports from Northern Constabulary and the Fire Service with regard to people living on the premises;
- to ask Environmental Health to keep the premises under observation and to take whatever action they considered appropriate in terms of their powers;
- to ask the Licence Holder to clarify the ownership, control and management of the premises;
6. Civic Government (Scotland) Act 1982
Application for a Private Hire Car Operator’s and Driver’s Licence
6.1 Application for a Private Hire Car Operator’s and Driver’s Licence – Mr Lindsay Jack
There had been circulated Report No HLC-103-11 (27kb pdf) by the Legal Manager relating to an application which had been received from Mr Lindsay Jack for a Private Hire Car Operator’s and Driver’s Licence.
The Senior Licensing Officer confirmed that all the documentation requested had now been submitted by the Applicant and that the Report was being withdrawn as the applications would be granted under delegated powers.
The Committed NOTED the position.
The Committee AGREED TO RESOLVE that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public would be excluded from the meeting during discussion of the following Items 7 and 8 on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.
7. Civic Government (Scotland) Act 1982
Application for Street Trader’s Licence
7.1 Applicant – Stephen A Furber
There had been circulated to Members only Report No HLC/104/11 by the Legal Manager which related to an application for a Street Trader’s Licence received from Stephen A Furber.
The Committee was invited to determine this matter in accordance with the Council’s Hearings Procedure (40kb pdf).
The Legal Manager advised that he had received a request from Mr Furber to defer consideration of this application to February 2012 as Mr Furber lived in Merseyside and would be unable to travel to Scotland until next year. He had agreed to contact the Clerk should he be available to attend an earlier meeting.
The Committee AGREED to defer consideration of the application to the meeting of the Licensing Committee to be held on 7 February 2012.
8. Civic Government (Scotland) Act 1982
Applications for Taxi Driver’s / Operator’s Licences
8.1 Application for Taxi Driver’s Licence – Benjamin A Swanson
There had been circulated to Members only Report No HLC/105/11 by the Legal Manager relating to an application which had been received from Benjamin A Swanson for a Taxi Driver’s Licence.
The Senior Licensing Officer spoke to the Report and advised that a letter inviting the Applicant to attend the meeting had been returned by the Post Office as ‘not called for’. The applicant had spoken to the Senior Licensing Officer and advised that he had not received the card left by the Royal Mail inviting him to collect the letter. Consequently Mr Swanson had not been able to attend the meeting timeously. Having been advised by the Senior Licensing Officer that on this basis he could request deferral of the application., or have the application considered in his absence, Mr Swanson had advised the Senior Licensing Officer that he wished the application to be considered by the Committee.
Members agreed to consider the application in Mr Swanson’s absence.
Noting the details of the letter dated 31 August 2011 from the Chief Constable, the Committee AGREED to grant the application subject to the standard conditions.
8.2 Application for Taxi Driver’s Licence – Scott Curtis
There had been circulated to Members only Report No HLC/106/11 by the Legal Manager relating to an application which had been received from Scott Curtis for a Taxi Driver’s Licence.
The Committee was invited to determine the application in accordance with the Council's Hearings Procedure (40kb pdf).
The Applicant was not present at the meeting.
Chief Inspector J Neil stated that although he was not personally familiar with the case, given the spent convictions [text removed from web version in compliance with Data Protection Act 1998].
The Committee agreed to DEFER consideration of the application until the meeting of the Licensing Committee on 22 November 2011. [text removed from web version in compliance with Data Protection Act 1998].
The meeting ended at 11.05 am.