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, 8 December 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 a correct record the minute of the meeting of the Highland Licensing Committee held on 3 November 2015.
4. Licences
granted under delegated powers
Ceadachdan a bhuilicheadh fo ùghdarras air a thiomnadh
There is circulated Report No HLC/097/15 by the Legal Manager which details all licences which have been granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 21 October 2015 to 24 November 2015.
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/098/15 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. Civic Government (Scotland) Act 1982
Variation of late hours
catering licences
Achd Riaghaltais Chatharra (Alba) 1982
Caochladh ann an ceadachdan solar uairean anmoch
6.1 Premises – various inverness city centre premises
There is circulated Report No HLC/099/15 by the Legal Manager relating to the variation of late hours catering licences in respect of a number of Inverness city centre premises (Inverness Central Ward).
The Committee is invited to determine this application in accordance with the Council’s hearings procedure.
7. Civic
Government (Scotland) Act 1982
Taxi driver’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan
dhràibhearan tagsaidh
7.1 Application for taxi driver’s licence – Christopher Powley
There is circulated Report No HLC/100/15 by the Legal Manager relating to an application which has been received from Christopher Powley for the grant of a taxi driver’s licence (Badenoch and Strathspey Ward).
The Committee is invited to determine this application in accordance with the Council’s hearings procedure.
8. 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.
9. Private landlord registration
Clàradh
Uachdarain Phrìobhaidich
9.1 Robert Tait
There is circulated to members only Report No HLC/101/15 by the Legal Manager relating to a private landlord registration. The Committee is invited to hear from the landlord and consider this matter.
The Committee is invited to determine this application in accordance with the Council’s landlord registration hearings procedure.
10. 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
10.1 Application for private hire car driver’s licence – Abdul R Thayatheyil
There is circulated to members only Report No HLC/102/15 by the Legal Manager relating to an application which has been received from Abdul R Thayatheyil for a private hire car driver’s licence (Tain and Easter Ross Ward).
The Committee is invited to determine this application in accordance with the council’s hearings procedure.
10.2 Application for private hire car driver’s licence – Andrzej Niewzorow
There is circulated to members only Report No HLC/103/15 by the Legal Manager relating to an application which has been received from Andrzej Niewzorow for the grant of a private hire car driver’s licence (Culloden and Ardersier Ward).
The Committee is invited to determine this application in accordance with the council’s hearings procedure.
11. Civic
Government (Scotland) Act 1982
Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson cheadachdan do dhràibhearan
/ oibrichean tagsaidh
11.1 Application for grant of a taxi operator’s and taxi driver’s licence – Thomas Bryson
There is circulated to members only Report No HLC/104/15 by the Legal Manager relating to an application which has been received from Thomas Bryson for the grant of a taxi operator’s and a taxi driver’s licence (Inverness South 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 8 December 2015 at 10.00am.
Present:
Dr I Cockburn
Mr C Fraser
Mr A Henderson (from item 10)
Mrs L Macdonald
Mr W MacKay (by video conference from Wick, excluding items 10 to 11.1)
Ms M Smith
Mr J Stone
Mr H Wood
In Attendance:
Mr A Mackenzie, Legal Manager (Clerk)
Ms S Blease, Principal Solicitor (Regulatory Services)
Mr M Elsey, Senior Licensing Officer
Mr G McCormack, Environmental Health Services
Mrs A MacArthur, Administrative Assistant
Also Attending:
Sergeant B Gray, Police Scotland
Also in Attendance:
Item 6.1: Mr C Duncan (McDonalds), Mr B Dalgarno (Subway), Mrs L Murray, solicitor for the licence holder (Chicken Hut) and Mr G Watson, solicitor for the licence holder (Topkapi and Zoom)
Item 9.1: Mr R Tait, private landlord
Item 10.1: Mr A R Thayatheyil, applicant
Item 10.2: Mr A Niewzorow, applicant
Item 11.1: Mr T Bryson, applicant and Mr R Munro
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 R Greene, Mr J Rosie and Mrs G Sinclair.
2. Declarations of interest
Foillseachaidhean Com-pàirt
There were no declarations of interest.
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 3 November 2015 which was APPROVED.
The Legal Manager updated the Committee with regard to items 7.1 and 10.2. Mr McDonald had withdrawn his application for a taxi driver’s licence and Mr Urquhart had passed his knowledge test and the taxi driver’s licence had been issued.
4. Licences granted under delegated powers
Ceadachdan a bhuilicheadh fo ùghdarras air a thiomnadh
There had been circulated Report No HLC/097/15 by the Legal Manager detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 21 October 2015 to 24 November 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/098/15 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. Civic Government (Scotland) Act 1982 Variation of late hours catering licences
Achd Riaghaltais Chatharra (Alba) 1982 Caochladh ann an ceadachdan solar uairean anmoch
6.1 Premises – various Inverness city centre premises
There had been circulated Report No HLC/099/15 by the Legal Manager relating to the variation of late hours catering licences in respect of a number of Inverness city centre premises. Mr M Elsey advised that the Report should be amended at 1.3 (i) to read “48 hours’” instead of “7 days” notice.
Mr G McCormack stated the only issue Environmental Health had was with the bins for these premises and the increased waste that would be likely following the increased hours. Environmental Health were currently looking at a new policy in relation to bins in Inverness city centre.
Police Scotland had nothing to add to the observations made in their letters attached to the Report.
Mr G Watson, solicitor, confirmed that the licence holders he represented supported the extension of the late hours which would remove the “pinch point” at 3.00 am.
Mr C Duncan supported the extension of hours to remove the “pinch point” and stated that the extended hours had benefited safety. Incidents in 2015 had been greatly reduced and this was attributable to the removal of “pinch points”.
Mr B Dalgarno agreed that the removal of the “pinch point” was beneficial for all concerned, premises had the relevant security and there had been no major problems.
Members’ comments included the following:
-
the increase to the terminal hour was working well and should be made permanent;
-
the increased terminal hour was assisting in the flow from pubs and clubs up to and including closing time; and
-
pleased to hear that Environmental Health would be working on a new policy for bins in Inverness city centre;
The Committee AGREED that:
1 those premises with the additional hours would continue to enjoy such hours for the remainder of the duration of the licence.
2. The following policy hours for premises in Inverness City Centre be:
Mondays: 2300 hours to 2400 hours
Tuesdays: 2300 hours to 2400 hours
Wednesdays: 2300 hours to 0300 hours (Thursday morning)
Thursdays: 2300 hours to 0330 hours (Friday morning)
Fridays: 2300 hours to 0400 hours (Saturday morning)
Saturdays: 2300 hours to 0400 hours (Sunday morning)
Sundays: 2300 hours to 0300 hours (Monday morning)
3. During any period when, in terms of the Licensing (Scotland) Act 2005, the Highland Licensing Board had declared a policy for a terminal hour later than 3.00 am for any premises with a licence in terms of the Licensing (Scotland) Act 2005, the trader shall be permitted to trade until 30 minutes after the said terminal hour declared by the Highland Licensing Board, provided that:
(i) the Licence Holder shall be required to give not less than 48 hours' notice to the Council and to Police Scotland of the date or dates on which it is intended that the premises remain open and the terminal hour (for late hours catering) to be applied on those dates;
(ii) the premises may remain open until the terminal hour (for late hours catering) only on those dates for which notice has been given in accordance with this condition and only when, on those dates, there are premises within Inverness city centre with a licence issued in terms of the Licensing (Scotland) Act 2005 which are open for business until at least 30 minutes prior to this terminal hour, and
(iii) the traders will close their entrance doors to the public not later than 10 minutes prior to the terminal hour and thereafter refuse entry to any member of the public.
7. Civic Government (Scotland) Act 1982 Taxi driver’s licences
Achd Riaghaltais Chatharra (Alba) 1982 Ceadachdan dhràibhearan tagsaidh
7.1 Application for taxi driver’s licence – Christopher Powley
There had been circulated Report No HLC/100/15 by the Legal Manager relating to an application which had been received from Christopher Powley for the grant of a taxi driver’s licence. The applicant had not yet passed the taxi driver’s knowledge test.
An email had been received from Mr Powley and was circulated.
Members were sympathetic with Mr Powley who had failed his knowledge test by a very small margin and Ms M Smith, seconded by Mr J Stone moved that the application be approved.
Mr I Cockburn, seconded by Mr H Wood moved as an amendment that the application be refused.
On a vote being taken, 5 votes were cast in favour of the motion and 2 in favour of the amendment as follows:
For the Motion (5)
Mr C Fraser
Mrs L MacDonald
Mr W Mackay
Mr J Stone
Ms M Smith
For the Amendment (2)
Dr I Cockburn
Mr H Wood
The motion therefore became the finding of the meeting and the Committee AGREED to grant the application subject to the standard conditions.
8. 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.
9. Private landlord registration
Clàradh Uachdarain Phrìobhaidich
9.1 Robert Tait
There had been circulated to members only Report No HLC/101/15 by the Legal Manager relating to a private landlord registration. This item had been deferred from the meeting on 6 October 2015 and again on 3 November 2015 to allow the landlord to attend.
Mr Tait had applied to be a private landlord in 2008 and again in 2013 and on both occasions had failed to disclose [text removed from web version in compliance with Data Protection Act 1998].
The Committee heard from Mr Tait and Sergeant Gray.
Dr I Cockburn reminded members that Mr Tait had had an agent for the property since 2007 and did not have any direct dealings with the tenants.
Mr Tait confirmed that he had an agent and that his current agent had taken over from his previous agent. The tenancy had been run continually by agents since 2001.
The Committee AGREED not to remove Mr Tait from the landlord register.
The Committee had a short adjournment to determine whether the video conference link was working well enough to allow Mr W MacKay to continue to participate in the meeting. As the sound quality could not be improved the video conference link was stopped at this point.
10. 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
10.1 Application for private hire car driver’s licence – Abdul R Thayatheyil
There had been circulated to members only Report No HLC/102/15 by the Legal Manager relating to an application which had been received from Abdul R Thayatheyil for a private hire car driver’s licence. The Report advised that a letter of objection had been received from Police Scotland.
Ms S Blease clarified that this applicant had applied to the Highland Licensing Board at their last meeting for a personal licence and at that time in terms of the liquor licensing legislation no regard could be had to [text removed from web version in compliance with Data Protection Act 1998].
In regard to the intelligence supplied by Police Scotland, as no dates, places or sufficient detail had been supplied to allow Mr Thayatheyil to address these items, these could not be considered.
An additional letter had been received from Police Scotland and was circulated to members and the applicant.
The Committee heard from Mr Thayatheyil and from Sergeant Gray.
The Committee AGREED to refuse the application on the ground that the applicant was not a fit and proper person to hold a licence by reason of [text removed from web version in compliance with Data Protection Act 1998].
10.2 Application for private hire car driver’s licence – Andrzej Niewzorow
There had been circulated to members only Report No HLC/103/15 by the Legal Manager relating to an application which had been received from Andrzej Niewzorow for the grant of a private hire car driver’s licence. The Report advised that a letter of representation had been received from Police Scotland.
The Committee heard from Mr Niewzorow and from Sergeant Gray.
Ms M Smith asked that her reservations in granting this licence be noted.
The Committee AGREED to grant the licence subject to the standard conditions.
11. Civic Government (Scotland) Act 1982 Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982 Iarrtasan airson cheadachdan do dhràibhearan / oibrichean tagsaidh
11.1 Application for grant of a taxi operator’s and taxi driver’s licence – Thomas Bryson
There had been circulated to members only Report No HLC/104/15 by the Legal Manager relating to an application which has been received from Thomas Bryson for the grant of a taxi operator’s and a taxi driver’s licence. The Report advised that a letter of representation had been received from Police Scotland.
A letter of support for the applicant was circulated.
The Committee AGREED provided the applicant’s vehicle passed inspection, the taxi meter being checked and sealed, the applicant submitting insurance details, MOT and vehicle registration documentation, to grant the applications subject to the standard conditions.
The meeting closed at 12.05 pm.