Committees

A meeting of the Highland Licensing Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 6 November 2012 at 10.30 am.

 

You are invited to attend and a note of the business to be considered is attached.

 

Webcast Notice:  This meeting will be filmed and broadcast over the internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

 

Members are reminded that during determination of Licensing Items, in order to be entitled to participate in any vote, Members must be present throughout all of the proceedings.

 

Yours faithfully

 

Alaisdair Mackenzie
Legal Manager
(for Assistant Chief Executive)

 

Business

 

(Chair – Mrs Maxine Smith)

 

1. Apologies for Absence
Leisgeulan

 

2. Declarations of Interest
Foillseachaidhean Com-pàirt

 

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting.  Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from Officers prior to the meeting taking place.

 

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

 

There is submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Committee held on 2 October 2012.

 

4.  Licences Granted under Delegated Powers 
 Ceadachdan a Bhuilicheadh fo Ùghdarras air a Thiomnadh

 

There is circulated Report No HLC-076-12 (26kb pdf) by the Legal Manager which details all Licences which have been granted under delegated powers under the Civic Government (Scotland) Act 1982 and the Marriage (Approval of Places) (Scotland) Regulations 2002 granted in the period from 19 September 2012 to 23 October 2012.

 

The Committee is invited to note the report.

 

5.  Pending Applications – 3 Monthly Considerations  
 Iarrtasan ri Thighinn – Beachdachaidhean 3 Mìosach

 

There is circulated Report No HLC-077-12 (17kb pdf) by the Legal Manager relating to applications which are currently pending for the grant or renewal of licences under the Civic Government (Scotland) Act 1982.

 

The Report recommends that the Committee agree to defer the determination  of the applications, either:

 

(a) to allow them to be approved under delegated powers in the event that no objections/representations are received and all outstanding documentation has been received from the applicants; or

 

(b) to a future meeting of the Committee when the applications will be determined in terms of the Hearings Procedure.

 

6.  Houses in Multiple Occupation – Update on Housing and HMO Needs Assessment and Proposals for Revisals to Supplementary Planning Guidance
Taighean ann an Ioma-sheilbh – Fios as ùr mu Èisteachd agus Measadh Fheumalachdan HMO agus Molaidhean airson Ath-sgrùdaidhean air Stiùireadh Dealbhaidh Leasachail

 

There is circulated Report No HLC-078-12 (1284kb pdf) by the Legal Manager which invites the Committee to consider:

  • The advice provided by the Council’s Housing and Property Services in relation to the number and capacity of HMO in the housing market areas in Highland and in relation to housing need and HMO need in Highland (Appendix 1), and
  • The (consultation draft) revised Interim Supplementary Guidance : Houses in Multiple Occupation (the revised ISG) proposed by the Council’s Planning and Development Service (Appendix 2) which seeks to control concentrations of HMO in Inverness City Centre and elsewhere in Highland.

The Committee is invited to agree:

  • That on the basis of the advice from Housing and Property Services that there is an increasing need for all types of HMO accommodation across Highland as contributing to the supply of affordable housing, there is currently no evidential basis for adoption of a policy under which to refuse HMO licence applications on grounds of overprovision under section 131A of the Act, but that this position should be reviewed on a five-yearly basis.
  • That in light of the proposals to limit concentrations of HMO in Inverness city centre and in localities elsewhere in Highland by application of the revised ISG (following consultation and adoption) in the determination of planning applications, a coordinated approach be adopted whereby consideration of HMO licence applications for proposals which require, and do not obtain, planning permission as a result of application of the revised ISG will be refused under section 129A of the Act.

7.  Review of Taxi Tariff 2012/13     
Ath-bhreithneachadh air Taraif Tagsaidh 2012/13

 

There is circulated Report No HLC-079-12 (78kb pdf) by the Legal Manager advising the Committee of the responses received following public advertisement of the proposed revised scale of the maximum fares that can be charged by taxis and private hire cars fitted with taxi meters. 

 

The Committee is invited to:

 

(i) consider the representations received following advertisement of the proposed new tariff and thereafter agree a final tariff

 

(ii) note that any revised tariff will take effect from 21st January 2013.

 

8.  Civic Government (Scotland) Act 1982
Application for a Late Hours Catering Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Ceadachd Sholarachd Uairean Anmoch

 

8.1 Premises – Topkapi, 44 Baron Taylor Street, Inverness

 

There is circulated Report No HLC-080-12 (145kb pdf) by the Legal Manager relating to a Late Hours Catering Licence in respect of premises at Topkapi, 44 Baron Taylor Street, Inverness (Inverness Central).

 

The Committee is invited to determine the application.

 

9. Civic Government (Scotland) Act 1982
Hearing – Taxi Operator’s Licence –
Highland Council Penalty Point System
Achd Riaghaltais Chatharra (Alba) 1982
Èisteachd – Ceadachd Oibriche Tagsaidh –

Siostam Phuingean Peanais Chomhairle na Gàidhealtachd

 

In respect of Items 9.1 and 9.3, the Trading Standards Penalty Points Briefing Paper is appended which provides Members with background and details in relation to the penalty point system. 

 

9.1 Licence Holder – John Hutton

 

There is circulated Report No HLC-081-12 (421kb pdf) by the Legal Manager relating to a breach of Taxi Operator Licence Conditions.  (Fort William & Mallaig).

 

The Committee is invited to determine this matter in accordance with the Council’s Licensing Hearings Procedure (40kb pdf).

 

9.2 Licence Holder – John Hutton

 

There is circulated Report No HLC-082-12 (46kb pdf) by the Legal Manager relating to an Application for the Grant of a Taxi Operator’s Licence. (Fort William & Mallaig).

 

The Committee is invited to determine this matter in accordance with the Council’s Licensing Hearings Procedure (40kb pdf).

 

9.3 Licence Holder – Colin MacLean

 

There is circulated Report No HLC-083-12 (807kb pdf) by the Legal Manager relating to a breach of Taxi Operator Licence Conditions.  (Fort William & Mallaig).

 

The Committee is invited to determine this matter in accordance with the Council’s Licensing Hearings Procedure (40kb pdf).

 

10. Civic Government (Scotland) Act 1982
Applications for Taxi Driver’s / Operator’s Licences 
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Cheadachdan do Dhràibhearan / Oibrichean Tagsaidh

 

10.1 Application for  a Taxi Driver’s Licence – Daren Kimmitt

 

There is circulated Report No HLC-084-12 (22kb pdf) by the Legal Manager relating to an application which has been received from Daren Kimmitt for a taxi driver’s licence (Inverness West).

 

The Committee is invited to determine the application.

 

The Committee is asked to resolve 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 10.2 to 10.5 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.

 

10.2 Application for a Taxi Driver’s Licence – Ian MacLeod

 

There is circulated to members only Report No HLC/085/12 by the Legal Manager relating to an application which has been received from Ian MacLeod for a taxi driver’s licence (Inverness Central).

 

The Committee is invited to determine the application.

 

10.3 Application for a Taxi Driver’s Licence – John Fitzgerald

 

There is circulated to members only Report No HLC/086/12 by the Legal Manager relating to an application which has been received from John Fitzgerald for a taxi driver’s licence (Inverness Millburn).

 

The Committee is invited to determine this application in accordance with the Council’s Licensing Hearings Procedure (40kb pdf).

 

10.4 Application for Renewal of Taxi Driver’s Licence – James M Sutherland

 

There is circulated to members only Report No HLC/087/12 by the Legal Manager relating to an application which has been received from James M Sutherland for the renewal of his taxi driver’s licence (North West and Central Sutherland Ward).

 

The Committee is invited to determine this application in accordance with the Council’s Licensing Hearings Procedure (40kb pdf).

 

10.5 Application for Renewal of Taxi Driver’s Licence – John A Hollywood

 

There is circulated to members only Report No HLC/088/12 by the Legal Manager relating to an application which has been received from John A Hollywood for the renewal of his taxi driver’s licence (Thurso Ward).

 

The Committee is invited to determine this application in accordance with the Council’s Licensing Hearings Procedure (40kb pdf).