Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 3 April 2012 at 10.30 am.
Present:
Mr P Corbett (arrived Noon)
Mr R Greene
Mr A Henderson
Mr W Mackay
Mr D Millar
Mrs M Paterson
Mr A Rhind
Mr G Rimell
Non Members Present:
Mrs J Campbell
In Attendance:
Mr A Mackenzie, Legal Manager (Clerk)
Inspector A Henderson, Northern Constabulary
Acting Inspector D McNeil, Northern Constabulary
Mr M Elsey, Senior Licensing Officer
Mr F Doherty, Building Standards Team Leader
Ms A Macrae, Committee Administrator
Ms J Greene, Clerical Assistant
Also in Attendance:
Item 6.1 – Mr M Tassel (Applicant) and Mrs D Royce (Objector)
Item 8.5 – Mr J Robertson (Applicant)
Item 11.1 – [text removed from web version in compliance with Data Protection Act 1998] and Mrs L Murray (Solicitor for the Applicant)
Item 11.2 – [text removed from web version in compliance with Data Protection Act 1998] (Applicant)
Item 11.3 – [text removed from web version in compliance with Data Protection Act 1998] (Applicant)
Item 11.4 – [text removed from web version in compliance with Data Protection Act 1998] (Applicant)
Mrs M Paterson in the Chair
The Chairman, Mrs M Paterson, confirmed that the meeting would be webcast and gave a short briefing on the Council’s webcasting procedure and protocol. Accordingly she advised the Committee that items 11.1, 11.2, 11.3 and 11.4 detailed below, would not be webcast due to the disclosure of personal information relating to the applicants/licence holders.
Business
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr D Flear, Mr J Rosie, Mr R Pedersen and Mrs G Sinclair.
2. Declarations of Interest
Items 8.1, 8.2, 8.3 and 8.4 – Mr D Millar as he was a member of the Board of Highlife Highland.
3. Minute of the Meeting on 6 March 2012
There had been circulated for confirmation the minute of the meeting of the Committee on 6 March 2012. The minute was held as read and APPROVED.
4. Licences Granted Under Delegated Powers
There had been circulated Report No HLC-028-12 (22kb 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) (Scotand) Regulations 2002 in the period from 25 January to 20 March 2012.
The Committee NOTED the Report.
5. Pending Applications – 3 Monthly Consideration
There had been circulated Report No HLC-029-12 (27kb pdf) by the Legal Manager relating to applications which were currently pending for the grant or renewal of licences under the Civic Government (Scotland) Act 1982. The Report recommended that the Committee agree to defer the determination of the foregoing applications, either; (i) to allow them to be approved under delegated powers in the event that all responses and no objections were received, and all outstanding documentation has been received from the applicants, or (ii) to a future meeting of the Committee when the applications would 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-030-12 (221kb 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 Senior Licensing Officer reported that planning consent had now been granted and a building warrant issued for the premises but that a completion certificate had yet to be issued. The Clerk noted that the objections received from TEC Services (Environmental Health) could be covered by conditions in the event that a licence was granted.
Mr M Tasasiz spoke in favour of his application and in response to a point raised in the objection received from TEC Services (Environmental Health) he explained that the kitchen would not be fitted until the gas supply was connected. He indicated that he had extensive experience in the catering trade and would seek to minimise any disruption to neighbours arising from his business.
The Committee then heard from Mrs D Royce on behalf of the Baron Taylor’s Street and Lombard Street Residents Association. Mrs Royce expressed concern that the granting of a licence would exacerbate problems local residents already experienced with noise and disturbance at night times particularly at weekends arising from existing businesses in the area. She advised that the acoustics in this locality amplified the sound in the area of the residents’ flats and that they also had to contend with the re-opening of a nightclub in the locality. Residents found it impossible to sleep on Friday and Saturday nights and Wednesdays if there was a football match on. In conclusion Mrs Royce advised that the policy in relation to the granting of late licences in this area of Inverness should be reviewed to protect the amenity of local residents.
Responding Mr Tasasiz indicated that his business would serve those customers who were already in the area and therefore would not have an additional impact on the amenity of local residents. He also indicated the viability of his business was dependent on a late hours catering licence being granted.
In discussion Members expressed the view that:
- The licence should be refused due to the additional impact the proposal would have on the amenity of local residents, particularly in regard to anti-social behaviour, noise nuisance and odours;
- There were no grounds to refuse the application given that overprovision was not a valid reason for refusal and also noting that the Northern Constabulary had not objected to the application; and
- There were already a number of businesses operating in the area and while sympathetic to the case presented on behalf of local residents, a precedent had been set and responsible business operators should not be penalised for the behaviour of their customers outwith their premises.
Following further discussion the Committee AGREED to grant the application, in principle, subject to the standard conditions for Inverness City Centre Late Hours Catering premises, completion of works, the issuing of a completion certificate and registration as a food business.
7. Civic Government (Scotland) Act 1982
Application for a Variation of a Street Trader’s Licence
7.1 Rosalyn Hunter
There had been circulated Report No. HLC-031-12 (21kb pdf) by the Legal Manager relating to an application from Rosalyn Hunter for the variation of Condition 9 of her Street Trader’s Licence Conditions to allow her to trade from 7.00am to 11.00pm. The Report indicated that the current policy hours were from 9.00am to 11.00pm, and invited the Committee to determine the request for the variation.
The Clerk advised that the current policy hours had been designed to ensure that licensees ceased trading after 11.00pm and therefore there was no reason why the applicant should not commence trading at 7.00am.
In discussion it was suggested that the Clerk undertake a review of the policy hours to be applied to street trader’s licences, subject to the appropriate consultations being carried out.
The Committee AGREED to grant the variation to allow the applicant to trade from 7.00am, and AGREED that the Clerk submit a Report to the next meeting of the Committee reviewing the policy hours for street trader’s licences.
8. Civic Government (Scotland) Act 1982
Applications for a Public Entertainment Licence
Mr D Millar declared a non-financial interest in items 8.1, 8.2, 8.3 and 8.4 on the grounds that he was a Director on the High Life Highland Board and left the Chamber during the determination of these items.
The Clerk reported that he had spoken to High Life Highland’s Head of Resources and advised him of the Committee’s concerns that a representative from the organisation was not present to speak in support of items 8.1 to 8.4 below. He advised that the Head of Resources had apologised for the fact no-one was in attendance and had provided an assurance that efforts would be made to provide the outstanding certificates for the premises as soon as possible. The Head of Resources had also advised that the certificates may still be held by the Council’s Housing and Property Service, noting that High Life Highland had only recently become an arm’s length organisation from the Council.
The Clerk suggested that in the circumstances it may be appropriate to grant the applications subject to an additional condition that the relevant certificates be submitted within a period of three months.
In discussion the Committee expressed its disappointment that High Life Highland were not represented at the meeting and AGREED that a letter be sent to the Chief Executive, High Life Highland, in this regard and his response reported to the next meeting of the Committee.
Thereafter the Committee considered items 8.1 to 8.4 as follows;
8.1 Premises: Assembly Rooms, Sinclair Terrace, Wick
There had been circulated Report No. HLC-032-12 (24kb pdf) by the Legal Manager relating to an application for a Public Entertainment Licence for the Assembly Rooms, Sinclair Terrace, Wick. The Report advised that the applicant had not yet lodged satisfactory gas and electrical certificates.
The Committee AGREED to the application being granted under delegated powers subject to standard conditions, and an additional condition that satisfactory gas and electrical certificates be submitted within a period of three months.
8.2 Premises: Thurso Swimming Club and Fitness Suite, Millbank Road, Thurso
There had been circulated Report No. HLC-033-12 (24kb 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 advised that the applicant had not yet lodged a satisfactory electrical certificate.
The Committee AGREED to the application being granted under delegated powers subject to standard conditions and an additional condition that a satisfactory electrical certificate be submitted within a period of three months.
8.3 Premises: Wick Swimming Pool and Fitness Suite, Burn Street, Wick
There had been circulated Report No. HLC-034-12 (24kb 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 advised that the applicant had not yet lodged a satisfactory electrical certificate.
The Committee AGREED to the application being granted under delegated powers subject to standard conditions and an additional condition that a satisfactory electrical certificate be submitted within a period of three months.
8.4 Premises: Evanton Sports Centre, Evanton
There had been circulated Report No. HLC-035-12 (24kb pdf) by the Legal Manager relating to an application for a Public Entertainment Licence for Evanton Sports Centre, Evanton. The Report advised that the applicant had not yet lodged a satisfactory electrical certificate.
The Clerk reported that a satisfactory electrical certificate had now been received and therefore the licence could be granted under delegated powers.
The Committee NOTED that the application would be granted under delegated powers subject to standard conditions.
Note: Mr D Millar returned to the meeting at this point.
8.5 Premises: Duthac Centre, Shandwick Street, Tain
There had been circulated Report No. HLC-036-12 (1849kb pdf) by the Legal Manager relating to an application for a Public Entertainment Licence for the Duthac Centre, Shandwick Street, Tain. The Report advised that the applicant had not yet lodged a satisfactory electrical certificate.
The Clerk advised that confirmation had been received from TEC Services (Environmental Health) that the most urgent works set out in the electrical report had been completed and that the Service therefore had no objections to the application being granted, subject to a satisfactory electrical report being submitted within a period of six months.
Mr A Rhind reported that the Centre’s representatives were seeking funding to enable the full extent of the works to be carried out.
The Committee AGREED to the application being granted under delegated powers subject to standard conditions, and an additional condition that a satisfactory electrical report be submitted within a period of six months.
9. Civic Government (Scotland) Act 1982
Application for Skin Piercing or Tattooing Licence
9.1 Premises: Braes Cottage, Gower Street, Brora
There had been circulated Report No. HLC-037-12 (24kb pdf) by the Legal Manager relating to an application for a skin piercing licence or tattooing licence for Braes Cottage, Brora from Carl Egan. The Report indicated that an objection from the Planning and Development Service had been received outwith the statutory 21 day consultation period and noted that Schedule 1, Paragraph 3(2) of the Civic Government (Scotland) Act 1982 stated that it was competent for the Licensing Authority to entertain an objection or representation received before taking a final decision on the application if they were satisfied that there was sufficient reason why it was not submitted in the time required. The Report recommended that the Committee determine the application in accordance with the Council’s Hearings Procedure.
The Clerk reported that the applicant was away from home and unable to attend the meeting. He also advised that the applicant had confirmed verbally that he wished to withdraw his application but that written confirmation of this had yet to be received.
The Team Leader, Building Standards, explained that his objection had been late due to a delay in the application being circulated to Building Standards in the first instance. He advised that on receipt he had responded to the application on the following day.
The Committee AGREED to hear the late objection from Building Standards.
Thereafter the Senior Licensing Officer circulated the Committee with copies of the objection.
Following discussion the Committee AGREED to refuse the application on the grounds that the objection received from Building Standards demonstrated that the premises were not suitable for the activity proposed.
10. Civic Government (Scotland) Act 1982
Application for Taxi Driver’s Licence
10.1 Application for Taxi Driver’s Licence – Ian Mackay
There had been circulated Report No. HLC-038-12 (23kb pdf) by the Legal Manager relating to an application for a taxi driver’s licence for Ian Mackay. The Report advised that the applicant had passed the Highland wide knowledge test but still required to pass the Council’s local knowledge paper. The Report invited the Committee to consider the application.
The Clerk reported that Mr Mackay had now passed the local knowledge paper and that his licence could therefore be granted under delegated powers.
The Committee NOTED that the application would be granted under delegated powers.
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 items 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.
11. Civic Government (Scotland) Act 1982
Applications for Private Hire Car/Taxi Driver’s/Operators Licences
11.1 Application for Private Hire Car Driver’s Licence – [text removed from web version in compliance with Data Protection Act 1998]
There had been circulated to Members only Report No. HLC-039-12 by the Legal Manager relating to an application for a private hire car driver’s licence from [text removed from web version in compliance with Data Protection Act 1998]. The Report indicated that an objection from the Northern Constabulary had been received outwith the statutory 21 day consultation period and noted that Schedule 1, Paragraph 3(2) of the Civic Government (Scotland) Act 1982 stated that it was competent for the Licensing Authority to entertain an objection or representation received before taking a final decision on the application if they were satisfied that there was sufficient reason why it was not submitted in the time required. The Report recommended that the Committee determine the application in accordance with the Council’s Hearings Procedure.
Inspector D McNeil, Northern Constabulary reported that the objection had been submitted timeously and that he had been unaware there was any issue associated with the objection being received late. He indicated that as far as the Northern Constabulary was concerned the objection had been submitted within the appropriate timeline.
Mrs L Murray, Solicitor for the Applicant, stated that it was the responsibility of the Northern Constabulary to ensure their objection was received by the Council on time and that there were insufficient reasons to allow the late objection to be heard.
The Clerk advised that the letter from the Northern Constabulary had been dated 7 March 2012 but had not been received by the Council, as Licensing Authority, until 19 March 2012. He also reminded the Committee that they must be satisfied there were sufficient reasons to allow the objection to be considered.
Following discussion Mr D Millar seconded by Mrs M Paterson moved that the late objection should not be heard.
Mr A Rhind seconded by Mr A Henderson moved as an amendment that the late objection be heard in the interests of the public.
There being no further amendments, the matter was put to the vote with votes being cast as follows:
Motion (5): Mr R Greene, Mr G Rimell, Mr M Paterson, Mr W Mackay, and Mr D Millar.
Amendment (2): Mr A Rhind and Mr A Henderson.
The motion not to hear the late objection from the Northern Constabulary accordingly became the finding of the meeting.
Thereafter Mrs L Murray spoke in favour of the application and stated that in the absence of a valid objection the application should be granted.
The Committee AGREED to grant the application subject to the standard conditions.
11.2 Application for Taxi Driver’s Licence – [text removed from web version in compliance with Data Protection Act 1998]
There had been circulated to Members only Report No. HLC-040-12 by the Legal Manager relating to an application for a taxi driver’s licence from [text removed from web version in compliance with Data Protection Act 1998]. The Report invited the Committee to determine the application.
The Clerk advised that the application was being brought to the Committee’s attention due to a number of previous convictions the applicant had incurred, between 2000 and 2005. He confirmed that no objections had been received from the Northern Constabulary in response to the application.
[text removed from web version in compliance with Data Protection Act 1998] spoke in favour of his application during which he expressed regret at the convictions he had incurred over that period of time, and advising that he had held a clean record since 2005.
The Committee AGREED to grant the application subject to the standard conditions.
11.3 Application for Taxi Driver’s Licence – [text removed from web version in compliance with Data Protection Act 1998]
There had been circulated to Members only Report No. HLC-041-12 by the Legal Manager relating to an application for a taxi driver’s licence from [text removed from web version in compliance with Data Protection Act 1998]. The Report invited the Committee to determine the application.
The Clerk advised that the application was being brought to the Committee’s attention due to a number of previous offences listed on the application form although he advised it was likely that a number of those listed related to fixed penalties rather than convictions. He confirmed that no objections had been received from the Northern Constabulary in response to the application.
[text removed from web version in compliance with Data Protection Act 1998] spoke in favour of his application during which he expressed regret in relation to the offences. He explained that he had held a clean record since 2008 and was now employed as a driver for a national bus company.
The Committee AGREED to grant the application subject to the standard conditions.
11.4 Application for Taxi Driver’s Licence – [text removed from web version in compliance with Data Protection Act 1998]
There had been circulated to Members only Report No. HLC-042-12 by the Legal Manager relating to an application for a taxi driver’s licence from [text removed from web version in compliance with Data Protection Act 1998]. The Report confirmed that the Northern Constabulary had submitted an objection in regard to the application and accordingly invited the Committee to determine the application in accordance with the hearings procedure.
The Committee heard from Inspector A Henderson in regard to the Northern Constabulary’s objection to the application on the grounds of a conviction the applicant had received in 2008 for failing to provide the Police with a breath test. He indicated that the nature of the conviction raised doubts as to whether the applicant was a fit and proper person to hold a taxi driver’s licence.
[text removed from web version in compliance with Data Protection Act 1998] advised that he regretted his actions and accepted full responsibility for the offence.
The Committee AGREED to grant the application subject to the standard conditions.
The meeting closed at 12.10pm.
On conclusion of the meeting Mr P Corbett noted that this was the last meeting of the Highland Licensing Committee before the forthcoming Council elections in May 2012. He advised that he would not be seeking re-election and that he wished to extend his thanks to all Members and Officials on their hard work and contribution over the past few years and particularly during his time as Chairman.