21 September 2015: Highland Licensing Committee

A meeting of the Highland Licensing Committee will take place in the Committee Room 1, Council Offices, High Street, Dingwall on Monday, 21 September 2015 at 2.00 pm. 

You are invited to attend and a note of the business to be considered is attached. 

Webcast Notice: This meeting will not be broadcast. 

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 I 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. 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. 

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

4.1 Licence Holder: Jodie Mitchell 

There is circulated to members only Report No HLC/077/15 by the Legal Manager relating to the holder of a taxi driver’s licence (Dingwall and Seaforth 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 Offices, High Street, Dingwall, on Monday 21 September 2015 at 2.00 pm. 

Present: 

Dr I Cockburn, Mr R Greene,Mr C Fraser, Mrs L Macdonald and Mr W Mackay.

In Attendance:

Ms S Blease, Principal Solicitor (Regulatory Services)
Mrs A MacArthur, Administrative Assistant 

Dr I Cockburn in the Chair 

Business 

1. Apologies for Absence
Leisgeulan 

Apologies for absence were intimated on behalf of Mr A Duffy, Mr A Henderson, Mr J Rosie, Mrs G Sinclair, Ms M Smith, Mr J Stone and Mr H Wood. 

2. Declarations of Interest
Foillseachaidhean Com-pàirt 

None.

3. 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 items 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. 

4. Civic Government (Scotland) Act 1982
Taxi driver’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan dhràibhearan tagsaidh 

4.1 Taxi driver’s licence – Jodie Mitchell 

There had been circulated to members only Report No HLC/077/15 by the Legal Manager relating to the holder of an existing taxi driver’s licence which had been suspended on 14 August 2015 by the Legal Manager acting under delegated powers. The Committee was invited to consider whether the licence should be suspended for a further period. 

The Principal Solicitor confirmed that the licence holder, Ms Mitchell, had been sent a letter inviting her to attend the meeting to address the Committee or to send a representative to address the Committee on her behalf. The licence holder had subsequently confirmed by telephone to the Principal Solicitor that she had received this letter of invitation. 

The licence holder was not, however, present at the meeting and had not sent any representative to address the Committee on her behalf. 

The Principal Solicitor then explained the circumstances which had given rise to the immediate suspension of the licence on 14 August 2015 under paragraph 12 of Schedule 1 to the Act. She advised that, in the absence of any new information from the licence holder to suggest that those circumstances no longer applied, the Committee should consider whether a further period of suspension was merited under paragraph 11 of Schedule 1. 

She further advised that if members were minded to suspend the licence, it was open to them also to delegate authority to the Legal Manager to recall the suspension if, before expiry of the licence, he was satisfied that the circumstances which had given rise to the suspension no longer applied. 

Following discussion, the Committee AGREED to order the suspension of the licence under paragraph 11 of Schedule 1 to the Act for the unexpired portion of its duration and with immediate effect. 

The Committee further AGREED to grant delegated authority to the Legal Manager to recall the order suspending the licence in the event that, before expiry of the licence, he was satisfied that the circumstances which had given rise to the order no longer applied. 

The meeting closed at 2.30 pm.