Minutes of Meeting of the Inverness, Nairn, Badenoch and Strathspey Licensing Committee held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 29 April 2008 at 10.00 a.m.
Present
Mrs H Carmichael
Mr P Corbett
Mr N Donald
Ms J Douglas
Mr J Ford
Mr D Hendry
Mrs B McAllister
Mr K MacLeod
Ms P Munro
Mr R Pederson
Mrs G Sinclair
Miss J Campbell (Local Member)
Mr D Kerr (Local Member)
Officials In Attendance:
Mr D Somerville, Area Solicitor
Mr M Elsey, Licensing Officer (Civic Government)
Ms C Robertson, Administrative Assistant
Also in attendance:
Mr C Duncan (Item 4)
Chief Inspector Cox (Item 4)
Mr C Ross (Item 6)
Mr D MacDonald (Item 7)
Mrs L Murray (Item 7)
Mr P Corbett in the Chair
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr G Marsden, Mr F Parr, Mr T Prag and Mr G Rimell.
2. Minute of Previous Committee
The Minutes of the meeting of the Committee held on 11 March 2008 had been circulated and were APPROVED.
3. Application for a Late Hours Catering Licence
The following Members had applied for and had been granted local Member votes for this item: Mr D Kerr and Miss J Campbell.
There was circulated Report No. LCI-09-08 dated 16 April 2008 by the Area Solicitor relating to an application for a late hours catering licence for Mr Ismet Beganovic in respect of Munchees Takeaway, Farraline Park, Inverness.
As the applicant was unable to attend the meeting due to personal reasons, the Committee DEFERRED consideration of the application.
4. Application for a Late Hours Catering Licence
The following Members had applied for and had been granted local Member votes for this item: Mr D Kerr and Miss J Campbell.
This application was subject to a formal hearing procedure.
There was circulated Report No LCI-10-08 dated 16 April 2008 by the Area Solicitor which related to an application for a late hours catering licence from Mr Craig Duncan in respect of MacDonald’s restaurant, 12-22 High Street, Inverness.
In attendance relating to this item:
Applicant: Mr C Duncan
Objectors: Chief Inspector Cox
The Chairman having explained the Hearings procedure sought and received confirmation that it was understood by all parties.
Following the hearings procedure, during which both the applicant and the objector had been invited to state their case, the Chairman sought and received confirmation from all parties that they had been satisfied with the procedure of the hearing.
The Members agreed to make their decision on the application in public.
Motion
Mr P Corbett proposed to refuse the application on the grounds of public order and safety and the location of the restaurant.
This was seconded by Mrs G Sinclair.
Amendment
Mr D Kerr proposed to grant the licence for a restricted period of 6 months, with conditions being placed on the application regarding the use of CCTV and door stewards and the management of litter – litter to be managed within a 50m radius of the restaurant during the evening and after closing, and within a 100m radius at 6am.
This was seconded by Mr D Hendry.
Voting
On a vote being taken the Motion was carried by 7 votes to 6
Members REFUSED the grant of the application.
The Area Solicitor advised Mr Duncan of his right of appeal to the Sheriff and also to seek written reasons for the decision.
5. Licensing of Street Traders – Inverness City Centre Exclusion Zone
The following Members had applied for and had been granted local Member votes for this item: Mr D Kerr and Miss J Campbell.
There was circulated Report No. LCI-11-08 dated 17 April 2008 by the Area Solicitor which invited Members to consider the responses received in relation to the consultation process carried out in respect of the current Inverness City Centre exclusion zone for street traders.
The Committee was asked to consider whether they wished to abolish the Inverness City Centre street traders exclusion zone, amend the boundaries of the same or retain the status quo.
Further to discussion the Committee AGREED that the boundaries of the exclusion zone should be abolished, NOTING that a report would be prepared for the Civic Government Working Group and thereafter the TEC Services Committee to seek approval for this.
6. Application for the Grant of a Street Trader’s Licence.
The following Members had applied for and had been granted local Member votes for this item: Mr D Kerr and Miss J Campbell.
There had been circulated Report No. LCI-12-08 dated 17 April 2008 by the Area Solicitor which related to an application for the grant of a street trader’s licence for Mr Cameron Ross.
In attendance relating to this item:
Applicant: Mr C Ross
After considering the information before them and after hearing from the applicant, the Committee AGREED to grant a Street Trader’s Licence to Mr Ross.
7. Licensed Taxi Driver – Notification of Penalty Points
Mr N Donald declared a non-financial interest as a Taxi Driver for Highland Council and left the room for this item.
There had been circulated Report No. LCI-13-08 dated 26 March 2008 by the Area Solicitor which related to a licensed Taxi Driver, Mr David MacDonald, who had received endorsements on his driving licence.
In attendance relating to this item:
Applicant: Mr D MacDonald
Applicant’s Representative: Mrs L Murray
The Committee heard from Mrs Murray and, after a severe censure and warning by the Chairman, AGREED to take no further action.
The meeting concluded at 11.45am.