Agendas, reports and minutes

 

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 07 October 2014 at 10.30am. 

Present: 

Dr I Cockburn, Mr C Fraser, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Mr W Mackay, Ms M Smith and Mrs G Sinclair (from item 7).

In Attendance:

Mr A Mackenzie, Legal Manager (Clerk)
Ms S Blease, Principal Solicitor (Regulatory Services)
Mrs W Grosvenor, Licensing Assistant
Mrs Alison MacArthur, Administrative Assistant

Also Attending:

Sergeant S Campbell, Police Scotland

Also in Attendance:

Item 8.1:  Mr S Ali, Applicant
Item 11.1:  Mr A Oman, Applicant
Item 12.1: Mr C Ross, Applicant
Item 13.1: Mr M Chiorean, Licence Holder and Mr M Smith, Solicitor for the Licence Holder; Mr G Cerbu, Complainer and Mr D Mackenzie, Solicitor for the Complainer
Item 13.2:  Mr R Tait, Licence Holder
Item 13.3:  Mr H Hutton, Licence Holder

Ms M Smith in the Chair

The Chair confirmed that the meeting would be webcast and gave a short briefing on
the Council’s webcasting procedure and protocol.

Business

1.  Apologies for Absence 
Leisgeulan

Apologies for absence were intimated on behalf of Mr A Duffy, Mr J Stone, Mr J Rosie and Mr H Wood.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 10: Mrs L MacDonald and Ms M Smith (non-financial)
Item 13.2: Mr A Henderson (non-financial)

3.  Confirmation of Minutes 
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minute of meeting of the Committee held on 12 August 2014, which was APPROVED.

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

There had been circulated Report No HLC/058/14 by the Legal Manager  detailing those 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 30 July 2014 to 23 September 2014.

The Committee NOTED the Report.

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

There had been circulated Report No HLC/059/14 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 Committee AGREED to defer 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.  Taxi Tariff Appeal Decision
Co-dhùnadh Ath-thagraidh airson Taraif Tagsaidh

There had been circulated Report No HLC/060/14 by the Legal Manager inviting the Committee to note the decision of 11September 2014 by the Deputy Traffic Commissioner for Scotland in Taxi Fare Scale Appeal TX-125 by Mr Andrew MacDonald and others against The Highland Council. 

The Committee AGREED to note, with some disappointment, the decision to reject the appeal but not to confirm the tariff increase agreed by the Committee.

7.  Housing (Scotland) Act 2006
Applications for House in Multiple Occupation Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Ceadachd Thaighean ann an Ioma-sheilbh

7.1  Premises – Newton Court, Newton Hotel, Nairn

There had been circulated Report No HLC/061/14 by the Legal Manager relating to the grant of a House in Multiple Occupation Licence from Bespoke Hotels (ISIS) Ltd in respect of premises at Newton Court, Newton Hotel, Nairn. 

The Legal Manager advised that the certificates/documents that required to be submitted by the applicant had now been submitted.  The licence had therefore been granted under delegated powers. 

The Committee AGREED to note the position.

8.  Civic Government (Scotland) Act 1982
Taxi Driver’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Dhràibhearan / Tagsaidh

8.1  Application for Renewal of Taxi Operator’s Licence – Syed Ali

There had been circulated Report No HLC/062/14 by the Legal Manager relating to an application which had been received from Syed Ali for the renewal of his taxi operator’s licence.  The Report advised that a letter of objection had been received from Trading Standards. 

The Committee heard from Mrs E Gardner, Trading Standards, with regard to the Highland Council penalty points accrued by Mr Ali. 

A written submission from the applicant was circulated at Committee and the Members were given time to read the submission. 

Members had the following questions of Trading Standards:

• How had the suspension lasted five months?

Mrs Gardner responded that the suspension had lasted for five months as an immediate suspension is given following the accrual of more than 20 penalty points.  The suspension is lifted once the vehicle is retested and the vehicle had not been brought forward for re-test for five months. 

Mr Ali, the Applicant, then spoke in support of his application during which he advised that his vehicle had passed an MOT with no advisories or observations.   Mr Ali advised that he would be acquiring a new car and it would be the new car that would be licensed. 

The Legal Manager advised that the Council Trading Standards Test was more stringent than an MOT as it was for a public service vehicle.   

Members asked the applicant:

• Why had the car not been presented for retest for five months?
• Can Mr Ali confirm that he would licence a new car and no longer use the old car as a taxi? 

Mr Ali stated that he had thought his renewal would have gone to Committee sooner and he had taken the car off the road until that time.

The Legal Manager stated that Committees were held approximately every six weeks and that the last Committee had been in August.  Mrs Gardner stated that Trading Standards had to gather evidence for their Report and had not had sufficient time to meet the deadline for the previous committee.

Mr Ali confirmed that he would not use the old car as a taxi and would acquire a new car to be used under his operator’s licence.

The Committee AGREED to grant the application but subject to an undertaking from the Applicant that he would not use the licence and vehicle WJ51 TXE until a new vehicle had been substituted.  

9.  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 items 10, 11.1, 11.2, 11.3, 12.1 and 13.1 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.

10.  Private Landlord Registration – Rent Penalty Notices
Clàradh Uachdarain Phrìobhaidich – Brathan Ùnnlagh Màil

Declaration of Interest – Ms M Smith and Mrs L MacDonald declared a non-financial interest in this item as they were registered private landlords and left the Chamber during the determination of this item.

There had been circulated to members only Report No HLC/063/14 by the Legal Manager detailing Landlords who had failed to register under Part 8 of The Antisocial Behaviour etc (Scotland) Act 2004.  The Committee was invited to authorise the service of Rent Penalty Notices in respect of the properties detailed. 

The Committee AGREED to authorise the service of rent penalty notices on those Landlords detailed in the Schedule who had still not registered. 

11.      Civic Government (Scotland) Act 1982
Taxi Driver’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Dhràibhearan Tagsaidh

11.1  Application for Taxi Driver’s Licence – Adrian Oman

There had been circulated to members only Report No HLC/064/14 by the Legal Manager relating to an application which had been received from Adrian Oman for the grant of a taxi driver’s licence. The Report advised that a letter of objection had been received from Police Scotland. 

The Committee heard from Sergeant S Campbell, Police Scotland with regard to the letter of objection.  He considered that the Committee were entitled to, and should, take into account the intelligence entries referred to in the Police Scotland letter.

In response, Ms M Smith advised that the Committee should disregard any intelligence entries contained within objections/representation received from Police Scotland if they failed to fully specify the allegations to which they related and therefore failed to give fair notice to the Applicant of the case he required to answer at the hearing of the Committee.

Sergeant Campbell was also unable to provide details of the road traffic offences referred to which had been dealt with by means other than court proceedings. The Legal Manager instructed the Committee to also disregard references to these offences.

Mr A Oman then addressed the Committee stating that he had a misspent youth but was now older and wiser.

The Committee AGREED:

1. Subject to the Applicant passing the Knowledge Test, to grant the application subject to the standard conditions; and
2. To give the Legal Manager delegated powers to issue the Licence in the event that 1 above is satisfied or refuse the application in the event that it is not.

11.2  Application for Taxi Driver’s Licence – Edward Ross

There had been circulated to members only Report No HLC/065/14 by the Legal Manager relating to an application which had been received from Edward Ross for the grant of a taxi driver’s licence. 

The Legal Manager advised that this application had been withdrawn. 

The Committee AGREED to note that the Applicant had withdrawn his application.           

11.3  Application for Taxi Driver’s Licence – John MacLean 

There had been circulated to members only Report No HLC/066/14 by the Legal Manager relating to an application which had been received from John MacLean for the grant of a taxi driver’s licence.

The Legal Manager advised that the applicant and his solicitor were unable to attend the Committee and the applicant had asked for a deferral to the next committee. 

The Committee AGREED, at the Applicant’s request, to defer consideration of this item to the meeting of the Committee on 4 November 2014.

12.  Civic Government (Scotland) Act 1982
Private Hire Car Driver’s / Operator’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Ceadachdan do Dhràibhearan / Oibrichean Chàraichean airson Fastadh Prìobhaideach

12.1  Application for Private Hire Car Driver’s Licence – Cameron Ross

There had been circulated to Members only Report No HLC/067/14 by the Legal Manager relating to an application which had been received from Cameron Ross for the grant of a private hire car driver’s licence.

Mr Cameron Ross advised that he had been a Tour Guide in Inverness for seven years but now wanted to move to private tours due to the competition in the street.  

Mrs G Sinclair advised that Mr Ross had a very successful tour business in Inverness and she received good reports from both tourists and locals on Mr Ross’s conduct. 

The Committee AGREED to grant the application subject to the standard conditions.  

13.  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

13.1  Taxi Driver and Operator Licence Holder – Marius Chiorean

There had been circulated Report No HLC/068/14 by the Legal Manager relating to a licensed Taxi Driver and Operator, Marius Chiorean.  The Report advised that a letter of complaint had been received from Mr Gerard Cerbu. 

The Committee heard from Mr M Smith, Solicitor for the Licence Holder and from Mr D Mackenzie, Solicitor for the Complainer. 

Following discussion, the Committee AGREED to take no action.

13.2  Taxi Driver and Operator Licence Holder – Robert Tait

Declaration of Interest – Mr A Henderson declared a non-financial interest in this item as he regularly used this taxi and left the Chamber during the determination of this item.

There had been circulated Report No HLC/069/14 by the Legal Manager relating to a licensed Taxi Driver and Operator, Robert Tait.  The Report advised that a letter of objection had been received from Trading Standards. 

The Committee heard from Mrs E Gardner, Trading Standards, with regard to the Highland Council penalty points accrued by Mr Tait. 

Mr Tait, the Applicant, then spoke in support of his application during which he advised that he had put his vehicle in for test and knew it would fail.  He had intended to use the 24 hour window to have the vehicle repaired and retested.  Mr Tait advised that he would be prepared to have the vehicle retested at 5,000 miles or twelve weeks, whichever was the sooner. 

The Committee AGREED to impose an additional condition that the Licence Holder must submit any vehicle held on the licence for inspection every 5,000 miles or 12 weeks whichever occurs first.

13.3  Taxi Driver and Operator Licence Holder – Hugh Hutton

There had been circulated Report No HLC/070/14 by the Legal Manager relating to a licensed Taxi Driver and Operator, Hugh Hutton.  The Report advised that a letter of objection had been received from Trading Standards. 

The Committee heard from Mrs E Gardner, Trading Standards, with regard to the Highland Council penalty points accrued by Mr Hutton.

Mr Hutton, the Applicant, then spoke in support of his application.  He advised that he normally received advance notification of his retest but on contact with the Council was advised that it was in 2-3 days.  As Mr Hutton’s car was an old one it required a lot of continual maintenance.   The tyres had been checked by National Tyres two weeks before the test and he had been advised that they were legal. 

Members had the following questions of Trading Standards:

• Was there a different standard for tyres in the Council test to that required in an MOT?

Mr Hiddleston, Trading Standards, advised that the test was the same and that Mr Hutton had been given the option of calling 101 to have the tyres tested by the police, but Mr Hutton had refused.  

Mr Hutton further advised that he had a Council test thirteen days before the visual test.  The Council test was a very stringent test and there had been no advisories or comments.  Mr Hutton was working towards a new car but was unable to acquire a new car at this time.

Following discussion, the Committee AGREED to impose an additional condition that the Licence Holder must submit the vehicle for inspection every 5,000 miles or 12 weeks whichever occurs first.

14.  There was no item 14.

15.  Dates of meetings in 2015 
Cinn-latha Choinneamhan ann an 2015

The Committee noted the following dates for 2015 as agreed by Highland Council on 4 September 2014. All meetings would take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:

6 January 2015
3 February 2015
31 March 2015
12 May 2015
16 June 2015
11 June 2015
6 October 2015
3 November 2015
8 December 2015  

The meeting closed at 12.35 pm.