Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 22 November 2011 at 10.30 am.
Present:
Mr P Corbett
Mr D Flear
Mr W Mackay
Mr D Millar
Mr R Pedersen
Mr G Rimell
Mrs G Sinclair
In Attendance:
Mr A Mackenzie, Legal Manager (Clerk)
Mrs Susan Blease, Acting Principal Solicitor
Mr M Elsey, Senior Licensing Officer
Mrs W Grosvenor, Licensing Assistant
Miss J Greene, Clerical Assistant
Also In Attendance:
Chief Inspector J Neil, Northern Constabulary
Inspector R Aitken, Northern Constabulary
Mr C Dickson – item 6.1
Mr J Gordon – item 6.1
Mr R Scutaru – item 7.1
Mr S Cairns – item 7.1
Mr P Moffat – item 9.2
Mr P McCabe – item 9.3
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 8.1, 8.2 and 8.3, 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.
Business
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mrs M Paterson and Mr R Greene.
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 18 October 2011.
The minute was held as read and APPROVED.
3. Licences Granted under Delegated Powers
There was circulated Report No HLC-107-11 (25kb 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 5 October 2011 to 8 November 2011.
The Committee NOTED the report.
4. Civic Government (Scotland) Act 1982
Applications for House in Multiple Occupation Licence
4.1 Premises – Ben View Terrace (Staff Accommodation), Torlundy
There had been circulated Report No HLC-108-11 (19kb pdf) by the Legal Manager relating to an application for the grant of a House in Multiple Occupation Licence from Inverlochy Castle Limited in respect of staff accommodation at Ben View Terrace, Torlundy, Fort William. The Report recommended that Committee agree to defer consideration of the application either (a) to allow it to be approved under delegated powers or (b) to a future meeting when the Application would be determined in terms of the Hearings procedure.
The Committee AGREED the recommendation.
4.2 Premises - Ben Nevis Hotel (Staff Accommodation), Fort William
There had been circulated Report No HLC-109-11 (19kb pdf) by the Legal Manager relating to an application for the grant of a House in Multiple Occupation Licence from Strathmore Hotels Limited in respect of staff accommodation at Ben Nevis Hotel, North Road, Fort William. The Report recommended that Committee agree to defer consideration of the application either (a) to allow it to be approved under delegated powers or (b) to a future meeting when the Application would be determined in terms of the Hearings procedure.
The Committee AGREED the recommendation.
4.3 Premises – Alexandra Hotel (Staff Accommodation), Fort William
There had been circulated Report No HLC-110-11 (24kb pdf) by the Legal Manager relating to an application for the grant of a House in Multiple Occupation Licence from Strathmore Hotels Limited in respect of staff accommodation at Alexandra Hotel, the Parade, Fort William. The Report recommended that Committee agree to defer consideration of the application either (a) to allow it to be approved under delegated powers or (b) to a future meeting when the Application would be determined in terms of the Hearings procedure.
The Committee AGREED the recommendation.
5. Civic Government (Scotland) Act 1982
Application for Street Trader’s Licence and Street Trader’s Employee’s Licence
5.1 Peter Murfin and Emily Wilson (employee)
There had been circulated Report No HLC-111-11 (23kb pdf) by the Legal Manager relating to applications for the grant of a street trader’s licence from Peter Murfin and Street Trader’s Employees Licence from Emily Wilson. The Report recommended that Committee agree to defer consideration of the application either (a) to allow them to be approved under delegated powers or (b) to a future meeting when the Applications would be determined in terms of the Hearings procedure.
The Senior Licensing Officer updated the Report by advising that all Agencies and Services consulted had intimated no objection or representation and accordingly the Committee could determine the applications.
The Committed noted that planning permission would be required for the siting and operation of the mobile catering unit at 8 Balvoolich, Durness.
The Committee AGREED to grant the applications subject to the standard conditions.
6. Civic Government (Scotland) Act 1982
Application for a Public Entertainment Licence
6.1 Premises – Portree Community Centre
There had been circulated Report No HLC-112-11 (27kb pdf) by the Legal Manager relating to an application for the renewal of a Public Entertainment Licence for Portree Community Centre from Portree Community Centre.
Having heard from Mr C Dickson on behalf of the Applicant and considered a written representation submitted by him, the Committee AGREED to grant the application subject to the standard conditions but only for the following permitted hours as per policy:-
Monday to Friday 9.00 am to 1.30 am the next day
Saturday 9.00 am to 12.30 am the next day
Sunday 9.00 am to 12 midnight
6.2 Premises – Lairg Community Centre
There had been circulated Report No HLC-113-11 (16kb pdf) by the Legal Manager relating to an application for the renewal of a Public Entertainment Licence for Lairg Community Centre from Lairg Community Centre. The Report recommended that Committee agree to defer consideration of the application either (a) to allow it to be approved under delegated powers in the event that an amended electrical certificate is received; or (b) to a future meeting when the Application would be determined in terms of the Hearings procedure.
The Committee AGREED the recommendation.
6.3 Premises – Culag Park, Lochinver
There had been circulated Report No HLC-114-11 (15kb pdf) by the Legal Manager relating to an application for the renewal of a Public Entertainment Licence for Culag Park, Lochinver from Assynt Community Association. The Report recommended that Committee agree to defer consideration of the application either (a) to allow it to be approved under delegated powers in the event that an electrical certificate is received and the toilet provision is resolved; or (b) to a future meeting when the Application would be determined in terms of the Hearings procedure.
The Committee AGREED to defer consideration of the application to the meeting on 6 December 2011 to allow for further consideration of toilet provision. A representative from Environmental Health and the Applicants were invited to attend or submit written representations.
6.4 Premises – Lochcarron Village Hall, Lochcarron
There had been circulated Report NoHLC-115-11 (18kb pdf) by the Legal Manager relating to an application for the renewal of a Public Entertainment Licence for Lochcarron Village Hall, Main Street, Lochcarron from Mr Sandy Catto. The Report recommended that Committee agree to defer consideration of the application either (a) to allow it to be approved under delegated powers in the event that all responses and no objections are received; or (b) to a future meeting when the Application would be determined in terms of the Hearings procedure.
The Committee AGREED the recommendation.
7. Notification of Penalty Points
7.1 Rares Scutaru
There had been circulated Report No HLC-116-11 (18kb pdf) by the Legal Manager relating to a licensed taxi driver who had received penalty points on his driving licence. The Committee was invited to consider whether or not the licence holder continued to be a fit and proper person to hold a taxi driver’s licence.
Having heard from Mr Scutaru the Committee AGREED to warn him as to his future conduct but otherwise took no action.
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 8.1, 8.2 and 8.3 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.
8 Civic Government (Scotland) Act 1982
Application for a Taxi Driver’s Licence
8.1 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.
Consideration of the application had been deferred from the meeting of the Committee on 18 October 2011 as the Applicant had a trial pending in the Sheriff Court on 15 November 2011.
The Legal Manager advised the Committee that as the trial had been deferred until 7 February 2012 the Committee had to determine the application at this meeting as the time within which the Committee had to determine the application would expire on that date.
The Committee was invited to determine the application in accordance with the Council’s Hearings Procedure.
The Applicant was not present at the meeting but the Committee considered a letter that he had submitted.
Inspector R Aitken spoke to the objection lodged by the Chief Constable and outlined the circumstances of the Applicant’s previous convictions.
The Committee AGREED to refuse the application on the grounds that the Applicant was not a fit and proper person to be the holder of a Taxi Driver’s Licence.
8.2 Application for renewal of a Taxi Driver’s Licence – Paul C Moffat
There had been circulated to Members only Report No HLC/117/11 by the Legal Manager relating to an application which had been received from Paul C Moffat for renewal of his Taxi Driver’s Licence.
The Committee AGREED to grant the application subject to the standard conditions.
8.3 Application for a Taxi Driver’s Licence – Peter McCabe
There had been circulated to Members only Report No HLC/118/11 by the Legal Manager relating to an application which had been received from Peter McCabe for a Taxi Driver’s Licence.
The Senior Licensing Officer advised the Committee that Mr McCabe had now passed the knowledge test.
Having heard from Mr McCabe the Committee AGREED to grant the application subject to the standard conditions.
The meeting ended at 11.00 am.