6 January 2015: Highland Licensing Committee

A meeting of the Highland Licensing Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 6 January 2015 at 11.30 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.

Members are further reminded that mobile devices, including mobile phones, can be used for following the agenda/reports and delivering speeches but should not be used for any form of communication (text or tweet) during the meeting.

Yours faithfully

Alaisdair Mackenzie, Legal Manager
(for Depute Chief Executive/Director of Corporate Development)

Business

(Chair – Ms 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.  Licences Granted under Delegated Powers 
Ceadachdan a Bhuilicheadh fo Ùghdarras air a Thiomnadh  

There is circulated Report No HLC/001/15  by the Legal Manager which details all Licences which have been granted under delegated powers under the Civic Government (Scotland) Act 1982 granted in the period from 26 November 2014 to 9 December 2014.  

The Committee is invited to note the Report.

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

There is circulated Report No HLC/002/15 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.  

5.  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 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. 

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

6.1       Application for Taxi Driver’s Licence – Joseph Foy

There is circulated to members only Report No HLC/003/15 the Legal Manager relating to an application which has been received from Joseph Foy for the grant of a taxi driver’s licence (Inverness South Ward).  

The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 6 January 2015 at 11.30am.  

Present:  

Mr I Cockburn, Mr A Duffy, Mr C Fraser, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Mrs G Sinclair and Ms M Smith. 

In Attendance:  

Mr A Mackenzie, Legal Manager (Clerk)
Ms S Blease, Principal Solicitor (Regulatory Services)
Mr M Elsey, Senior Licensing Officer
Mrs Alison MacArthur, Administrative Assistant

Also Attending:

Sergeant S Campbell, Police Scotland
Sergeant Bruce Gray, Police Scotland

Also in Attendance:

Item 6.1: Mr Joseph Foy, the applicant; and Mr John Foy, the applicant’s brother  

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 W MacKay, Mr J Stone and Mr H Wood.    

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 6.1 – Mr A Duffy (non-financial).

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

There had been circulated Report No HLC/001/15 by the Legal Manager  detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 26 November 2014 to 9 December 2014.

The Committee NOTED the Report.

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

There had been circulated Report No HLC/002/15 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 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.  

5.  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 Item on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.  

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

6.1  Application for Taxi Driver’s Licence – Joseph Foy  

Declaration of Interest –Mr A Duffy declared a non-financial interest in this item as he was a friend of the applicant’s family and left the Chamber during the determination of this item.  

There had been circulated to members only Report No HLC/003/15 by the Legal Manager relating to an application which had been received from Joseph Foy for the grant of a taxi driver’s licence.  A letter of objection had been received from Police Scotland outwith the permitted timescale.   

After hearing from the Senior Licensing Officer, Sergeant Campbell and the Applicant, the Committee accepted the late letter of objection from Police Scotland.   

The Committee heard from the Applicant who stated that he had not intended to hide his convictions as he knew that his application would go to the Police.  He then detailed the circumstances surrounding the matters raised in the letter from Police Scotland.  

Sergeant S Campbell then spoke to the letter from Police Scotland and stated that Police Scotland did not consider the Applicant to be a fit and proper person to be the holder of a Taxi Driver’s Licence.  On a question from members, Sergeant Campbell stated that he was duty bound to give the Committee all the information held on any applicant brought before the Committee.   

The Committee AGREED to grant the application for one year only.  The Applicant will be able to apply for renewal without a fee being charged.  

Mr Richard Greene asked that his dissent with this decision be recorded in the minute. 

The meeting closed at 12.30 pm.