Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 6 March 2012 at 10.30 am.

 

Present:
Mr P Corbett
Mr A Rhind
Mr A Henderson
Mrs M Paterson
Mrs G Sinclair Mr W Mackay
Mr D Flear
Mr D Millar
Mr R Pedersen
Mr G Rimell
Mr R Greene

 

In Attendance:
Mr A Mackenzie, Legal Manager (Clerk)
Inspector R Aitken, Northern Constabulary
Mr M Elsey, Senior Licensing Officer
Ms A Macrae, Committee Administrator
Ms C Maragh, Administrative Assistant

 

Also In Attendance:
Item 10.1 – [text removed from web version in compliance with Data Protection Act 1998].

 

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 item 10.1 detailed below, would not be webcast due to the disclosure of personal information relating to the applicants/licence holders.

 

Business

 

1.       Apology for Absence

 

An apology for absence was intimated on behalf of Mr J Rosie.

 

2.       Declarations of Interest

 

          Items 8.1, 8.2, 8.3 and 8.4 – Mr P Corbett and Mr D Millar.  

 

3.       Minute of the Meeting on 7 February 2012

 

There had been circulated for confirmation the minute of the meeting of the Committee on 7 February 2012. The minute was held as read and APPROVED.

 

4.       Licences Granted Under Delegated Powers

 

There had been circulated Report No HLC-016-12 (23kb pdf) by the Legal Manager detailing the licences granted under delegated powers under the Civic Government (Scotland) Act 1982 and the Marriage (Approval of Places) (Scotland) Regulations 2002 in the period from 25 January to 21 February 2012.

 

The Committee NOTED the Report.

 

5.       Civic Government (Scotland) Act 1982 
Applications for Houses in Multiple Occupation Licence

 

5.1    Premises – Staff Accommodation, Drumossie Hotel, Old Perth Road, Inverness

 

There had been circulated Report No HLC-017-12 (23kb pdf) by the Legal Manager relating to an application for the grant of a House in Multiple Occupation Licence from Monument Leisure Limited in respect of premises for staff accommodation at Drumossie Hotel, Old Perth Road, Inverness. The Report recommended that the Committee agree to defer determination of the application, either (i) to allow it to be approved under delegated powers in the event that all responses and no objections were received, or (ii) to a future meeting of the Committee when the application will be determined in terms of the Hearings Procedure.

 

Arising from the Report the Senior Licensing Officer confirmed that a response had been received from TEC Services (Environmental Health) to the effect that a small number of works remained outstanding.

 

The Committee AGREED the recommendation.

 

5.2        Premises – Abbeyfield House, Hawkhill Road, Rosemarkie

 

There had been circulated Report No HLC-018-12 (18kb pdf) by the Legal Manager relating to an application for the grant of a House in Multiple Occupation Licence from Monument Leisure Limited in respect of premises at Abbeyfield House, Hawkhill Road, Rosemarkie. The Report recommended that the Committee agree to defer determination of the application, either (i) to allow it to be approved under delegated powers in the event that all responses and no objections were received, or (ii) to a future meeting of the Committee when the application will be determined in terms of the Hearings Procedure.

 

The Committee AGREED the recommendation.

 

6.       Civic Government (Scotland) Act 1982
Application for Late Hours Catering Licence

 

6.1     Premises: 4 Drummond Street, Inverness

 

There had been circulated Report No HLC-019-12 (231kb pdf) by the Legal Manager  relating to an application for the grant of a Late Hours Catering Licence in respect of premises at 4 Drummond Street, Inverness. The Report advised that the Council’s Environmental Service had objected to the application, the Building Standards Service had advised that there was a building warrant application outstanding on the property and that an acceptance of completion certificate had yet to be issued.  The Report also confirmed that two letters of objection had been received from members of the public.  The Report recommended that the Committee determine the application in accordance with the Council’s Hearings Procedure.

 

The Committee AGREED to defer consideration of the application.

 

7.           Civic Government (Scotland) Act 1982
 Application for the Renewal of a Public Entertainment Licence

 

7.1      Premises: Kilmorack Community Hall, Torgormack, By Beauly

 

There had been circulated Report No. HLC-020-12 (23kb pdf) by the Legal Manager relating to an application for renewal of the Public Entertainment Licence for the Kilmorack Community Hall, Torgormack, By Beauly.  The Report recommended that the Committee agree to defer determination of the application, either (i) to allow it to be approved under delegated powers in the event that all responses and no objections were received, or (ii) to a future meeting of the Committee when the application will be determined in terms of the Hearings Procedure.

 

The Committee AGREED the recommendation.

 

7.2      Premises: Croy Public Hall, Croy, Invernessshire

 

There had been circulated Report No. HLC-021-12 (23kb pdf) by the Legal Manager    relating to an application for renewal of the Public Entertainment Licence for Lairg Community Centre. The Report recommended that the Committee agree to defer determination of the application, either (i) to allow it to be approved under delegated powers in the event that all responses and no objections were received, or (ii) to a future meeting of the Committee when the application will be determined in terms of the Hearings Procedure.

 

The Committee AGREED the recommendation.

 

8.       Civic Government (Scotland) Act 1982
 Application for a Public Entertainment Licence

 

Mr P Corbett and Mr D Millar declared a non-financial interest in items 8.1, 8.2, 8.3 and 8.4 as Directors on the High Life Highland Board and left the Chamber during determination of these items.

 

The Vice Chairman, Mrs M Paterson, took the Chair for items 8.1 to 8.4.

 

8.1      Premises: Assembly Rooms, Sinclair Terrace, Wick

 

       
There had been circulated Report No. HLC-022-12 (19kb pdf) by the Legal Manager    relating to an application for a Public Entertainment Licence for the Assembly Rooms, Sinclair Terrace, Wick. The Report recommended that the Committee agree to defer determination of the application, either (i) to allow it to be approved under delegated powers in the event that all responses and no objections were received, or (ii) to a future meeting of the Committee when the application will be determined in terms of the Hearings Procedure.

 

The Committee AGREED the recommendation.

 

8.2      Premises: Sutherland Swimming Pool, Golspie

 

There had been circulated Report No. HLC-023-12 (28kb pdf) by the Legal Manager relating to an application for a Public Entertainment Licence for the Sutherland Swimming Pool, Golspie.  The Report recommended that the Committee agree to defer determination of the application, either (i) to allow it to be approved under delegated powers in the event that all responses and no objections were received, or (ii) to a future meeting of the Committee when the application would be determined in terms of the Hearings Procedure.

 

The Senior Licensing Officer indicated confirmed that all matters had now been dealt with satisfactorily with no outstanding objections, and accordingly the Licence would be issued under delegated powers.

 

The Committee NOTED that the Licence would be issued under delegated powers.

 

8.3   Premises: Thurso Swimming Club and Fitness Suite, Millbank Road,  Thurso

 

There had been circulated Report No. HLC-024-12 (19kb pdf) by the Legal Manager relating to an application for a Public Entertainment Licence for Thurso Swimming Club and Fitness Suite, Millbank Road, Thurso. The Report recommended that the Committee agree to defer determination of the application, either (i) to allow it to be approved under delegated powers in the event that all responses and no objections were received, or (ii) to a future meeting of the Committee when the application would be determined in terms of the Hearings Procedure.

 

The Committee AGREED the recommendation.

 

8.4     Premises: Wick Swimming Pool and Fitness Suite, Burn Street, Wick

 

There had been circulated Report No. HLC-025-12 (19kb pdf) by the Legal Manager relating to an application for a Public Entertainment Licence for Wick Swimming Pool and Fitness Suite, Burn Street, Wick. The Report recommended that the Committee agree to defer determination of the application, either (i) to allow it to be approved under delegated powers in the event that all responses and no objections were received, or (ii) to a future meeting of the Committee when the application will be determined in terms of the Hearings Procedure.

 

The Committee AGREED the recommendation.

 

Note: Mr P Corbett and Mr D Millar returned to the Chamber at this point. Mr P Corbett resumed the Chair for the remainder of the meeting.

 

9.           Civic Government (Scotland) Act 1982
Application for Taxi Driver’s Licence

 

9.1      Application for Taxi Driver’s Licence -  Mr Hussain Zakaria

 

There had been circulated Report No. HLC-026-12 (23kb pdf) by the Legal Manager relating to an application for a Taxi Driver’s Licence received from Hussain Zakaria. The Report recommended that the Committee agree to defer determination of the application, either (i) to allow it to be approved under delegated powers in the event that all responses and no objections were received, or (ii) to a future meeting of the Committee when the application will be determined in terms of the Hearings Procedure.

 

 

The Committee AGREED the recommendation.

 

The Committee resolved that, under Section 50A(4) of the Local   Government (Scotland) Act 1973, the public be excluded from the meeting during discussion of the following item on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 7A of the Act

 

10.    Civic Government (Scotland) Act 1982
Itinerant Metal Dealer’s Licence

 

10.1 Application for Grant of Itinerant Metal Dealer’s Licence – [text removed from web version in compliance with Data Protection Act 1998].

 

There had been circulated to Members only Report No. HLC-027-12 by the Legal Manager relating to an application which had been received from [text removed from web version in compliance with Data Protection Act 1998] for the grant of an Itinerant Metal Dealer’s Licence.  The Report invited the Committee to determine the application in accordance with the Hearings Procedure.

 

[text removed from web version in compliance with Data Protection Act 1998].
spoke in support of his application, and advised that following his first conviction in October 2009 for dealing in scrap metal without a Licence he had obtained the relevant SEPA Licence for carrying scrap metal but that he had been unaware that he also required an Itinerant Metal Dealer’s Licence to trade door to door.

 

The Committee heard from Inspector R Aitken in connection with the Northern Constabulary’s objection on the grounds of a number of convictions detailed in their letter of objection dated 29 January 2012, and specifically those received in October 2009 and March 2011 relating to dealing in scrap metal without the appropriate Licence, under Section 7(1) of the Civic Government (Scotland) Act 1982.

 

Following further discussion the Committee AGREED to retire to consider the representations and objections in private.  Thereafter the Chairman invited all parties to return to the meeting and invited the Committee to take a decision.

 

The Committee AGREED to grant the application subject to standard conditions and to warn the Applicant about his future conduct as a licence holder.

 

The meeting closed at 10.55am.