Agenda
Read the Agenda
A meeting of the Highland Licensing Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 6 October 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 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. Confirmation
of Minutes
Dearbhadh a’ Gheàrr-chunntais
There is submitted for confirmation as correct records
i. minute of the meeting of the Highland Licensing Committee held on 11 August 2015;
ii. minute of the meeting of the Highland Licensing Committee held on 21 September 2015.
4. Licences
Granted under Delegated Powers
Ceadachdan a Bhuilicheadh fo Ùghdarras air a Thiomnadh
There is circulated Report No HLC/078/15 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 29 July 2015 to 22 September 2014.
The Committee is invited to note the Report.
5. Pending
Applications – 3 Monthly Considerations
Iarrtasan
ri Thighinn – Beachdachaidhean 3 Mìosach
There is circulated Report No HLC/079/15 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.
6. Review of Public Entertainment Licence
Activities – Additional Activity
Ath-sgrùdadh air Gnìomhan Ceadachd
Cur-seachad Poblach
There is circulated Report No HLC/080/15 by the Legal Manager which invites the Committee to consider an additional activity in relation to the review of public entertainment licensable activities.
7. Civic
Government (Scotland) Act 1982
Applications for a Public Entertainment Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan
airson Ceadachd Aoigheachd Phoblaich
7.1 Premises: Black Isle Leisure Centre
There is circulated Report No HLC/081/15 by the Legal Manager relating to an application for a Public Entertainment Licence for Black Isle Leisure Centre, Deans Road, Fortrose by Highlife Highland. (Black Isle Ward).
The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.
7.2 Premises: Fortrose Community Theatre
There is circulated Report No HLC/082/15 by the Legal Manager relating to an application for a Public Entertainment Licence for Fortrose Community Theatre, c/o Black Isle Leisure Centre, Deans Road, Fortrose by Highlife Highland. (Black Isle Ward).
The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.
7.3 Premises: Fortrose Town Hall
There is circulated Report No HLC/083/15 by the Legal Manager relating to an application for a Public Entertainment Licence for Fortrose Town Hall, 1 Church Street, Fortrose by Highlife Highland. (Black Isle Ward).
The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.
8. Civic
Government (Scotland) Act 1982
Application for Temporary Street Trader’s Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Cheadachdan
Sealach Neach-malairt Sràide
8.1 Application for a Temporary Street Trader’s Licence – Alan Adie
There is circulated Report No HLC/084/15 by the Legal Manager relating to an application which has been received from Alan Adie for the grant of a Street Trader’s licence (Inverness Central Ward).
The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.
9. 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.
10. Antisocial
Behaviour (Scotland) Act 2004
Private Landlord
Registration – Rent Penalty Notices
Achd
Dol A-mach Mì-shòisealta (Alba) 2004
Clàrachadh
Uachdarain Phrìobhaideach – Brathan Càin Màil
There is circulated to members only Report No HLC/085/15 by the Legal Manager which details Landlords who have failed to register under Part 8 of The Antisocial Behaviour etc. (Scotland) Act 2004 and in respect of whose properties approval to serve Rent Penalty Notices is sought.
The Committee is invited to consider the matter.
11. Private Landlord Registration
Clàradh
Uachdarain Phrìobhaidich
11.1 Robert Tait
There is circulated Report No HLC/086/15 by the Legal Manager relating to a private landlord registration. The Committee is invited to hear from the landlord and consider this matter.
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 – Abdur Bhuiyan
There is circulated to members only Report No HLC/087/15 by the Legal Manager relating to an application which has been received from Abdur Bhuiyan for the grant of a private hire car driver’s licence (Inverness South Ward).
The Committee is invited to determine this application.
13. Civic
Government (Scotland) Act 1982
Taxi Driver’s / Operator’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Cheadachdan do Dhràibhearan
/ Oibrichean Tagsaidh
13.1 Application for Grant of Taxi Driver’s Licence – Iain Jamieson
There is circulated to members only Report No HLC/088/15 by the Legal Manager relating to an application which has been received from Iain Jamieson for the grant of a taxi driver’s licence (Badenoch & Strathspey Ward).
The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.
13.2 Application for Grant of Taxi Driver’s Licence – Iain Urquhart
There is circulated to members only Report No HLC/089/15 by the Legal Manager relating to an application which has been received from Iain Urquhart for the grant of a taxi driver’s licence (Culloden & Ardersier Ward).
The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.
Minutes
Read the Minutes
Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 6 October 2015 at 10.00 am.
Present:
Dr I Cockburn, Mr R Greene, Mr C Fraser, Mr A Henderson (Items 8.1 to 12.1), Mrs L Macdonald, Mrs G Sinclair, Ms M Smith, Mr J Stone and Mr H Wood.
In Attendance:
Mr A Mackenzie, Legal Manager
(Clerk)
Ms S Blease, Principal Solicitor
(Regulatory Services)
Mr M Elsey, Senior Licensing
Officer
Mrs A MacArthur, Administrative
Assistant
Also Attending:
Sergeant B Gray, Police Scotland
Also in Attendance:
Item 12.1: Mr A Bhuiyan, applicant
Item 13.1: Mr I Jamieson, applicant
Item 13.2: Mr I Urquhart, applicant
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
Apologies for absence were intimated on behalf of Mr A Duffy, Mr W MacKay and Mr J Rosie.
2. Declarations of Interest
Foillseachaidhean Com-pàirt
Items 10 and 11.1: Ms M Smith, Mrs L MacDonald, Mr J Stone and Mr H Wood (financial interest).
3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais
There had been submitted for confirmation as a correct record:
i. Minute of the meeting of the Highland Licensing Committee held on 11 August 2015; and
ii. Minute of the meeting of the Highland Licensing Committee held on 21 September 2015.
Both minutes were APPROVED.
4. Licences Granted Under
Delegated Powers
Ceadachdan a Bhuilicheadh fo
Ùghdarras air a Thiomnadh
There had been circulated Report No HLC/078/15 by the Legal Manager detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 29 July 2015 to 22 September 2015.
The Committee NOTED the Report.
5. Pending Applications - 3 Monthly Considerations
Iarrtasan ri Thighinn –
Beachdachaidhean 3 Mìosach
There had been circulated Report No HLC/079/15 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.
6. Review
of Public Entertainment Licence Activities – Additional Activity
Ath-sgrùdadh
air Gnìomhan Ceadachd Cur-seachad Poblach
There had been circulated Report No HLC/080/15 by the Legal Manager which invited the Committee to consider an additional activity in relation to the review of public entertainment licensable activities.
Members queried the fees and asked if Highland Council’s fees were greater than other areas. It was confirmed that the public entertainment fees had been agreed earlier this year with no increase. The Council were statutorily obliged to ensure that the total amount of fees is sufficient to meet the expenses incurred in carrying out the licensing functions under the Civic Government (Scotland) Act 1982.
The Committee AGREED to include the use of premises for the performance of plays as an activity which would be licensed under public entertainment where there is a charge to the public for attending the event.
7. Civic Government (Scotland) Act 1982
Applications for a Public Entertainment Licence
Achd
Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Ceadachd
Aoigheachd Phoblaich
7.1 Premises: Black Isle Leisure Centre
There had been circulated Report No HLC/081/15 by the Legal Manager relating to an application for a public entertainment licence for Black Isle Leisure Centre, Deans Road, Fortrose by Highlife Highland. The Report advised that a representation had been received from Environmental Health in regard to outstanding works which required to be completed and relevant documentation and certification which required to be received.
The Committee AGREED to grant the application for a licence subject to standard PEL conditions and a condition that no public entertainment activities take place on the premises until an electrical installation certificate had been submitted and deemed satisfactory by Environmental Health.
7.2 Premises: Fortrose Community Theatre
There had been circulated Report No HLC/082/15 by the Legal Manager relating to an application for a public entertainment licence for Fortrose Community Theatre, c/o Black Isle Leisure Centre, Deans Road, Fortrose by Highlife Highland. The Report advised that a representation had been received from Environmental Health in regard to outstanding works which required to be completed and relevant documentation and certification which required to be received.
The Committee AGREED to grant the application for a licence subject to standard PEL conditions and a condition that no public entertainment activities take place on the premises until a fire safety checklist and an electrical installation certificate have been submitted and are deemed satisfactory by the Fire and Rescue Service and Environmental Health.
7.3 Premises: Fortrose Town Hall
There had been circulated Report No HLC/083/15 by the Legal Manager relating to an application for a public entertainment licence for Fortrose Town Hall, 1 Church Street, Fortrose by Highlife Highland. The Report advised that a representation had been received from Environmental Health in regard to outstanding works which required to be completed and relevant documentation and certification which required to be received.
The Committee AGREED to grant the application for a licence subject to standard PEL conditions and a condition that no public entertainment activities take place on the premises until a fire safety checklist and an electrical installation certificate have been submitted and are deemed satisfactory by the Fire and Rescue Service and Environmental Health.
8. Civic Government (Scotland) Act 1982
Application for Temporary Street Trader’s Licence
Achd
Riaghaltais Chatharra (Alba) 1982
Iarrtas airson Cheadachdan Sealach
Neach-malairt Sràide
8.1 Application for a Temporary Street Trader’s Licence – Alan Adie
There had been circulated Report No HLC/084/15 by the Legal Manager relating to an application which had been received from Alan Adie for the grant of a street trader’s licence.
The Committee AGREED to grant the application for a temporary licence subject to the standard conditions.
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 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.
10. Antisocial
Behaviour (Scotland) Act 2004
Private Landlord Registration –
Rent Penalty Notices
Achd Dol
A-mach Mì-shòisealta (Alba) 2004
Clàrachadh
Uachdarain Phrìobhaideach – Brathan Càin Màil
Ms M Smith, Mrs L MacDonald, Mr J Stone and Mr H Wood declared a financial interest in this item as they were registered landlords and left the meeting during determination of this item.
There had been circulated to members only Report No HLC/085/15 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 in respect of the properties detailed in the Schedule attached to the Report, subject to the deletion from the Schedule of any properties for which the landlord(s) had in the interim applied for registration.
11. Private Landlord Registration
Clàradh
Uachdarain Phrìobhaidich
11.1 Robert Tait
There had been circulated Report No HLC/086/15 by the Legal Manager relating to a private landlord registration. Mr Tait had been unable to attend and had asked that this hearing be postponed to the next meeting of the Committee so that he could address the Committee.
The Committee AGREED, at the landlord’s request, to postpone the hearing until 3 November 2015.
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 – Abdur Bhuiyan
There had been circulated to members only Report No HLC/087/15 by the Legal Manager relating to an application which had been received from Abdur Bhuiyan for the grant of a private hire car driver’s licence. The Report advised that a letter of objection had been received from Police Scotland.
The Committee heard from the applicant.
Mr A Bhuiyan was asked if he would prefer to postpone determination of his application to have an interpreter present. Mr A Bhuiyan stated that he was content to continue without an interpreter. Mr Bhuiyan produced his address to the Committee in writing and this was then photocopied and distributed to members.
The Committee then heard from Sergeant Gray.
Following discussion, the Committee AGREED to refuse to grant the application for a licence on the ground that the applicant was not a fit and proper person to be the holder of a private hire car driver’s licence, by reason of (1) his history of road traffic offences and (2) his disregard for the law, as evidenced by his earlier non-payment of his road traffic offence fines.
13. Civic Government (Scotland) Act 1982
Taxi Driver’s / Operator’s Licences
Achd
Riaghaltais Chatharra (Alba) 1982
Iarrtasan
airson Cheadachdan do Dhràibhearan / Oibrichean Tagsaidh
13.1 Application for Grant of Taxi Driver’s Licence – Iain Jamieson
There had been circulated to members only Report No HLC/088/15 by the Legal Manager relating to an application which had been received from Iain Jamieson for the grant of a taxi driver’s licence. The Report advised that a letter of representation had been received from Police Scotland. The applicant had not yet passed the taxi driver’s knowledge test.
The Committee AGREED to grant the application for a licence subject to the applicant passing the taxi driver’s knowledge test, with delegated powers to the Legal Manager to issue the licence once the test has been passed, or to refuse the application if the test was not past timeously.
13.2 Application for Grant of Taxi Driver’s Licence – Iain Urquhart
There had been circulated to members only Report No HLC/089/15 by the Legal Manager relating to an application which had been received from Iain Urquhart for the grant of a taxi driver’s licence.
The Committee heard from Mr Urquhart and from Sergeant Gray.
The Committee AGREED to refuse to grant the application for a licence on the ground that the applicant was not a fit and proper person to be the holder of a taxi driver’s licence by reason of his offending history.
The meeting closed at 11.30 pm.