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Minutes of Meeting held in the Council Offices, Tigh Na Sgire, Park Lane, Portree, Isle of Skye, on Tuesday 20 November 2007 at 11.00 am.
Present:
Mr Margaret Paterson Mr Craig Fraser
Mr Brendan Gormley Mr Richard Greene
Mr Allan Henderson Mr Brian Murphy
In attendance:
Mr Alaisdair H Mackenzie, Area Solicitor
Also in attendance:
Inspector D MacLean, Northern Constabulary (Items 4 and 5)
Mr Scott Kelly (Item 4)
Mr William B Rafferty (Item 5)
Civic Government
(In the Chair – Mrs Margaret Paterson)
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mrs Angela MacLean, Mrs Jean Urquhart, Mr David Alston, Mr John Laing, Mr Drew Millar
2. Confirmation of Minutes
There had been circulated for confirmation the Minutes of the Meetings of the Ross, Skye and Lochaber Licensing Committee held on 21 August 2007 and 4 September 2007.
The Minutes were held as read and approved.
3. Ross, Skye and Lochaber Licensing Committee Meetings – 2008
The Committee approved the following timetable of meetings in 2008:-
Date of Meeting Venue Last Date for Submission of Reports
15 January 2008 Dingwall 3 January 2008
19 February 2008 Portree 6 February 2008
18 March 2008 Fort William 5 March 2008
15 April 2008 Dingwall 3 April 2008
20 May 2008 Portree 7 May 2008
17 June 2008 Fort William 4 June 2008
19 August 2008 Dingwall 6 August 2008
16 September 2008 Portree 3 September 2008
21 October 2008 Fort William 8 October 2008
18 November 2008 Dingwall 5 November 2008
16 December 2008 Portree 3 December 2008
Notes:
a) The Timetable is based on a Meeting being held on the third Tuesday of every month with the exception of January. However, a meeting will be called only if there is business to warrant it.
b) No meetings in July during recess.
c) The Committee may review the cycle depending on the volume of business.
4. Application for Taxi Driver’s Licence – Scott Kelly
The Chairman welcomed the Applicant, Mr Scott Kelly, and Inspector Duncan MacLean of Northern Constabulary to the meeting. The Chairman then outlined the procedure which would be followed by the Committee, copies of which had been previously circulated to all parties.
There had been circulated Report No. LCR/013/07 by the Area Solicitor asking Members to consider this application in terms of the Hearings Procedure. The Report explained that a written objection had been received from Northern Constabulary.
There was circulated a letter from the Northern Constabulary intimating that they objected to the application on the grounds of the Applicant’s previous convictions and his intemperate habits.
The Meeting then followed the Hearings Procedure with the Applicant and Inspector MacLean being heard. The Applicant also circulated letters in support of his application from Portree Medical Centre, Am Fasgadh and the owner of the taxi firm with whom he hoped to obtain employment.
The Committee agreed to refuse the application on the grounds that the Applicant was not a fit and proper person.
5. Licensed Taxi Operator/Taxi Driver – Notification of Conviction – William Beacon Rafferty
The Chairman welcomed the Licensee, Mr William B Rafferty, and Inspector Duncan MacLean of Northern Constabulary to the Meeting.
There had been circulated Report No. LCR/014/07 by the Area Solicitor inviting Members to consider whether or not the Licensee continued to be a fit and proper person to hold a Taxi Operator and a Taxi Driver’s Licence. The Report explained that a written observation had been received from Northern Constabulary.
There was circulated a letter from Northern Constabulary intimating that there were no objections in principle but drawing attention to the Licensee receiving a conviction. The Committee noted that the Licensee had notified the Council of the conviction.
Having heard from the Licensee, the Committee agreed not to suspend the Licences.
6. Application for Second Hand Dealer’s Licence – James Warren
The Area Solicitor advised the Committee that the Applicant apologised for not being present as he had to attend a Doctor’s Clinic in Inverness. The Applicant had written to the Committee intimating his apologies and making representations in support of his application and a copy of this letter was circulated to the Meeting.
There had been circulated Report No. LCR/015/07 by the Area Solicitor asking Members to consider this application. There was circulated a letter from Northern Constabulary intimating that they had no objections in principle but drawing attention to the fact that the Applicant failed to disclose a conviction received on 11 November 2005 and that he had been charged for failing to disclose this conviction on his application.
The Committee, having considered the letters from the Applicant and the Northern Constabulary agreed to grant the Second Hand Dealers Licence for a period of three years.
7. Application for Variation to Market Operator’s Licence Conditions: Scorpion Markets
There had been circulated Report No. LCR/016/07 by the Area Solicitor inviting the Committee to determine this application.
The Area Solicitor advised the Meeting that since writing the Report and issuing the Agenda a number of objections to the application had been received.
The Committee agreed to defer consideration of the application to a Hearing to be held in the Council Chamber, Lochaber House, High Street, Fort William on Tuesday 18 December 2007 at 11.00 am.
The meeting closed at 12.15 am.