21 July 2015: Highland Licensing Committee

A special meeting of the Highland Licensing Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 21 July 2015 at 10.00 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 – Dr Ian Cockburn) 

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.  Civic Government (Scotland) Act 1982
Application for street trader’s licence
Achd Riaghaltais Chatharra (Alba) 1982 
Iarrtas airson ceadachd neach-malairt sràide

3.1 Application for a street trader’s licence – Jonathan Ross

There is circulated Report No HLC/062/15 by the Legal Manager relating to an application which has been received from Jonathan Ross for the grant of a street trader’s licence (Nairn Ward).

The Committee is invited to determine this matter in accordance with the Council’s hearings procedure.

4.  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 ground that it involves the likely disclosure of exempt information as defined in paragraph 3 of part 1 of schedule 7A of the Act.

5.  Civic Government (Scotland) Act 1982
Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson cheadachdan do dhràibhearan / oibrichean tagsaidh

5.1 Taxi driver’s licence – Waqas Butt

There is circulated to members only Report No HLC/063/15 by the Legal Manager relating to a licensed taxi driver (Inverness West Ward).

The Committee is invited to determine this matter in accordance with the Council’s hearings procedure.

Minute of the special meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 21 July 2015 at 10.00 am. 

Present: 

Dr I Cockburn, Mr C Fraser, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Mr W Mackay, Mrs G Sinclair and Mr J Stone.

In attendance:

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

Also attending: 

Inspector A Garrow, Police Scotland

Also in attendance: 

Item 5.1: Mr W Butt, licence holder and Mrs L Murray, solicitor for the licence holder 

Dr I Cockburn 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

An apology for absence was intimated on behalf of Ms M Smith.

2. Declarations of interest
Foillseachaidhean com-pàirt

There were no declarations of interest.  

3. Civic Government (Scotland) Act 1982
Application for street trader’s licence
Achd Riaghaltais Chatharra (Alba) 1982 
Iarrtas airson ceadachd neach-malairt sràide

3.1 Application for a temporary street trader’s licence – Jonathan Ross

There had been circulated Report No HLC/062/15 by the Legal Manager relating to an application which had been received from Jonathan Ross for the grant of a temporary street trader’s licence.

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

4. 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 the following item on the ground that it involved the likely disclosure of exempt information as defined in paragraph 3 of part 1 of schedule 7A of the Act.

5. Civic Government (Scotland) Act 1982
Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson cheadachdan do dhràibhearan / oibrichean tagsaidh

5.1 Taxi driver’s licence – Waqas Butt

There had been circulated to members only Report No HLC/063/15 by the Legal Manager relating to a licensed taxi driver.

The Committee heard from Inspector Garrow who spoke to the police objection.

Mrs L Murray, solicitor for the licence holder detailed the circumstances surrounding the incident. 

Both parties were allowed the opportunity to respond and answered questions from members.

On being asked by the Chair both parties confirmed that they had nothing further to address to the Committee.

The Legal Manager advised the Committee that the delegated suspension ended today and that if members were not minded to suspend the licence, Mr Butt’s licence would be reinstated from today.

The Committee AGREED to take no action. meeting closed at 10.40 am.