5 January 2016: Highland Licensing Committee

A meeting of the Highland Licensing Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 5 January 2016 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. Licences granted under delegated powers
Ceadachdan a bhuilicheadh fo ùghdarras air a thiomnadh 

There is circulated Report No HLC/001/16 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 25 November 2015 to 8 December 2015.  

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/002/16 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.  Proposed Amendment to the taxi driver’s, private hire car driver’s and private hire car operator’s licence conditions
Atharrachadh a Thathar a’ Moladh a thaobh chumhaichean ceadachd do dhràibhearan tagsaidh, dhràibhearan chàraichean fastaidh phrìobhaidich agus obraichean chàraichean fastaidh phrìobhaidich

There is circulated Report No HLC/003/16 by the Legal Manager inviting the Committee to consult on proposed amendments to condition 14 of the taxi drivers and private hire car driver’s licence conditions and condition 12 of the private hire car operator’s licence conditions.

6.  Air Weapons and Licensing (Scotland) Act 2015
Achd Innealan-adhair agus Ceadachaidh (Alba) 2015

There is circulated Report No HLC/004/16 by the Legal Manager advising of changes to licensing being introduced by the above Act.

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: Inverness Kart Raceway Ltd

There is circulated Report No HLC/005/16 by the Legal Manager relating to an application for a public entertainment licence for Inverness Kart Raceway Ltd by Inverness Kart Raceway, Fairways Business Park, Sir Walter Scott Drive, Inverness.  (Inverness South Ward). 

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

8. Housing (Scotland) Act 2006
Applications for a house in multiple occupation licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachd thaighean ann an ioma-sheilbh 

8.1  Premises – 2 Boswell Road, Inverness 

There is circulated Report No HLC/006/16 by the Legal Manager relating to an application for a house in multiple occupation licence from Diana Nicoll in respect of premises at 2 Boswell Road, Inverness (Inverness South Ward).  

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

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

9.1  Application for the grant of a taxi driver’s licence – Leslie Butterworth 

There is circulated Report No HLC/007/16 by the Legal Manager relating to an application from Leslie Butterworth for the grant of a taxi driver’s licence (Aird and Lochness Ward).

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

9.2  Application for the grant of a taxi driver’s licence – Philip McLean  

There is circulated Report No HLC/008/16 by the Legal Manager relating to an application from Philip McLean for the grant of a taxi driver’s licence (Inverness Central Ward). 

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

10.  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. 

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

11.1  Application for a street trader’s licence – Amanda Fraser 

There is circulated Report No HLC/009/16 by the Legal Manager relating to an application from Amanda Fraser for the grant of a street trader’s licence (Inverness Central Ward).

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

11.2    Application for a street trader’s licence – Leslie Spears  

There is circulated Report No HLC/010/16 by the Legal Manager relating to an application from Leslie Spears for the grant of a street trader’s licence (Aird and Loch Ness Ward). 

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

12.  Civic Government (Scotland) Act 1982 
Application for renewal of a late hours catering licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd solar uairean anmoch ùrachadh

2.1    Premises – Topkapi, 44 Baron Taylor Street, Inverness

There is circulated Report No HLC/011/16 by the Legal Manager relating to an application for renewal of a late hours catering licence in respect of premises at Topkapi, 44 Baron Taylor Street, Inverness (Inverness Central).

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

13.  Civic Government (Scotland) Act 1982 
Hearing – private hire car and taxi driver licences
Achd Riaghaltais Chatharra (Alba) 1982
Èisteachd – ceadachdan do chàraichean fastaidh phrìobhaidich agus dhràibhearan tagsaidh

13.1  Private Hire Car Driver licence holder – Ben Davis

There is circulated Report No HLC/012/16 by the Legal Manager relating to a licensed private hire car driver.  (Nairn Ward).

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

13.2  Taxi Driver licence holder – William Harper

There is circulated Report No HLC/013/16 by the Legal Manager relating to a licensed taxi driver.  (Inverness Ness-Side Ward).

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

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 5 January 2016 at 10.00am.

Present:

Dr I Cockburn
Mr C Fraser
Mrs L Macdonald
Mr W MacKay
Mr J Rosie
Mrs G Sinclair
Ms M Smith
Mr J Stone (from Item 7)
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 9.2: Mr P McLean, applicant
Item 12.1: Mr E Kilig, applicant and Mr G Watson, applicant’s solicitor
Item 13.1: Mr B Davis, licence holder
Item 13.2: Mr W Harper, licence holder and Mr M Smith, licence holder’s solicitor 

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 and Mr R Greene.   

2. Declarations of interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3. Licences granted under delegated powers
Ceadachdan a bhuilicheadh fo ùghdarras air a thiomnadh 

There had been circulated Report No HLC/001/16 by the Legal Manager  detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 25 November 2015 to 8 December 2015.

The Committee NOTED the Report.

4. Pending applications - 3 monthly considerations
Iarrtasan ri thighinn – beachdachaidhean 3 mìosach

There had been circulated Report No HLC/002/16 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. Proposed amendment to the taxi driver’s, private hire car driver’s and private hire car operator’s licence conditions
Atharrachadh a thathar a’ moladh a thaobh chumhaichean ceadachd do dhràibhearan tagsaidh, dhràibhearan chàraichean fastaidh phrìobhaidich agus obraichean chàraichean fastaidh phrìobhaidich

There had been circulated Report No HLC/003/16 by the Legal Manager inviting the Committee to consult on proposed amendments to condition 14 of the taxi driver’s and private hire car driver’s licence conditions and condition 12 of the private hire car operator’s licence conditions.

The Committee AGREED to consult on the proposed changes to condition 14 of the taxi driver’s and private hire car driver’s licence conditions and condition 12 of the private hire car operator’s licence conditions.

6. Air Weapons and Licensing (Scotland) Act 2015
Achd Innealan-adhair agus Ceadachaidh (Alba) 2015

There had been circulated Report No HLC/004/16 by the Legal Manager advising of changes to licensing being introduced by the above Act.  The appendices had been omitted from the report and were circulated at the meeting.  The Report should be amended at 2.3 to refer to pages 3 and 4 of Appendix 1, and the inspection contract was due for renewal now and not next year as the Report had stated.

Members’ comments included the following:

• consideration and a further report on a taxi knowledge test for private hire car drivers;
• consideration should also be given to a policy on sexual entertainment venues;
• was there a timeframe for these changes in legislation; and
• clarification on whether private hire cars for the transportation of school children were licensed.

The Clerk responded as follows:

• the only indication to timeframe was in regard to those parts of the Act dealing with metal dealers. It was likely that these provisions would be brought in to force first, probably later this year;
• there was likely to be a long lead in period to the licensing of sexual entertainment venues;
• the taxi knowledge test for private hire car drivers would be for new licences only; and
• the regulation of contracts for the transportation of schoolchildren was not covered by this Committee.

These contracts were run by the Transport section of the Council and the fact that these would now need to be licensed by this Committee had been drawn to the attention of the relevant officials.

The Committee:

• AGREED that in the event that a Report cannot be prepared for Committee, to grant the Legal Manager delegated powers in consultation with the Chair and Vice Chair to respond to any consultation on guidance for metal dealers or other matters under the Act; and
• AGREED to consider introducing a knowledge test for applicants for a private hire driver’s licence on similar terms and procedures to the knowledge test for applicants for a taxi driver’s licence once the appropriate legislation is brought into force.

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: Inverness Kart Raceway Ltd

There had been circulated Report No HLC/005/16 by the Legal Manager relating to an application for a public entertainment licence for Inverness Kart Raceway Ltd by  Inverness Kart Raceway, Fairways Business Park, Sir Walter Scott Drive, Inverness.  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. 

This Report had been withdrawn by the Clerk as the outstanding issues had been resolved.

The Committee AGREED to note that the Report had been withdrawn as all outstanding issues had been resolved and the licence granted under delegated powers.

8. Housing (Scotland) Act 2006 Applications for a house in multiple occupation licence
Achd Riaghaltais Chatharra (Alba) 1982 Iarrtasan airson ceadachd thaighean ann an ioma-sheilbh

8.1 Premises – 2 Boswell Road, Inverness

There had been circulated Report No HLC/006/16 by the Legal Manager relating to an application for a house in multiple occupation licence from Diana Nicoll in respect of premises at 2 Boswell Road, Inverness.  Six letters of objection had been received and had been attached at appendix 2 to the Report.

The Senior Licensing Officer advised that this application had been withdrawn by the applicant.

The Committee AGREED to note that the application had been withdrawn.

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

9.1 Application for the grant of a taxi driver’s licence – Leslie Butterworth

There had been circulated Report No HLC/007/16 by the Legal Manager relating to an application from Leslie Butterworth for the grant of a taxi driver’s licence.  The applicant had not yet passed the taxi driver’s knowledge test.

The Committee AGREED to allow the applicant until 16 January 2016 to pass the knowledge test failing which to grant delegated powers to the Legal Manager to refuse the application.

9.2 Application for the grant of a taxi driver’s licence – Philip McLean

There had been circulated Report No HLC/008/16 by the Legal Manager relating to an application from Philip McLean for the grant of a taxi driver’s licence.  The applicant had not yet passed the taxi driver’s knowledge test.

Mr McLean spoke to his application and informed members that when he had sat the taxi driver’s knowledge test he had been receiving medication for a temporary medical condition and that this had affected his performance. Mr McLean had been driving an ice cream van in Inverness for 15 years and knew Inverness well. 

Ms M Smith, seconded by Mr C Fraser moved that the application be granted.

Mr I Cockburn, seconded by Mrs G Sinclair, moved as an amendment that the applicant be allowed until 20 April 2016 to take and pass a further re-sit of the local knowledge test failing which to grant delegated powers to the Legal Manager to refuse the application.

On a vote being taken, two votes were cast in favour of the motion, and six votes were cast in favour of the amendment as follows.

For the motion (2):

Mr C Fraser
Ms M Smith

For the amendment (6):

Mr I Cockburn
Mrs L MacDonald
Mr W Mackay
Mrs G Sinclair
Mr J Stone
Mr H Wood

The amendment therefore became the finding of the meeting and the Committee AGREED to allow the applicant until 20 April 2016 to take and pass a further re-sit of the local knowledge test failing which to grant delegated powers to the Legal Manager to refuse the application.

10. 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. 

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

11.1 Application for a street trader’s licence – Amanda Fraser

There had been circulated Report No HLC/009/16 by the Legal Manager relating to an application from Amanda Fraser for the grant of a street trader’s licence.  The Report advised that a letter of objection had been received from Police Scotland.

Ms A Fraser was not present.

The Committee heard from Sergeant Gray.

The Legal Manager advised the committee that they could not take account of the police intelligence as for the applicant to have a fair hearing any intelligence provided would require to have sufficient detail for the applicant to be able to answer the intelligence claim.

The Committee AGREED to refuse the application on the grounds that the applicant was not a fit and proper person due to her [text removed from web version in compliance with Data Protection Act 1998].

11.2    Application for a street trader’s licence – Leslie Spears

There had been circulated Report No HLC/010/16 by the Legal Manager relating to an application from Leslie Spears for the grant of a street trader’s licence.  The Report advised that a letter of objection had been received from Police Scotland.

Mr L Spears was not present.

[text removed from web version in compliance with Data Protection Act 1998].

The Committee thereafter AGREED to refuse the application on the grounds that the applicant was not a fit and proper person due to his lengthy history of [text removed from web version in compliance with Data Protection Act 1998].

12. Civic Government (Scotland) Act 1982 Application for renewal of a late hours catering licence
Achd Riaghaltais Chatharra (Alba) 1982 Iarrtas airson ceadachd solar uairean anmoch ùrachadh

12.1 Premises – Topkapi, 44 Baron Taylor Street, Inverness

There had been circulated Report No HLC/011/16 by the Legal Manager relating to an application for renewal of a late hours catering licence in respect of premises at Topkapi, 44 Baron Taylor Street, Inverness.  The Report advised that the letter of objection from the Council’s Environmental Health Service had been withdrawn. 

The Committee heard from Mr G Watson, solicitor for the applicant. 

The Committee AGREED to grant the application subject to the standard conditions for Inverness City Centre late hours catering premises.

13. Civic Government (Scotland) Act 1982 Hearing – private hire car and taxi driver licences
Achd Riaghaltais Chatharra (Alba) 1982 Èisteachd – ceadachdan do chàraichean fastaidh phrìobhaidich agus dhràibhearan tagsaidh

13.1 Private Hire Car Driver licence holder – Ben Davis

There had been circulated Report No HLC/012/16 by the Legal Manager relating to a licensed private hire car driver.

The Committee heard from the applicant.

The Committee AGREED to warn the licence holder with regard to his future conduct.

13.2 Taxi Driver licence holder – William Harper

There had been circulated Report No HLC/013/16 by the Legal Manager relating to a licensed taxi driver.   

The Committee heard from the applicant and the applicant’s solicitor, Mr M Smith and from Police Scotland.

Following careful consideration of the applicant’s conduct, the Committee AGREED to warn the licence holder with regard to his future conduct.

The meeting closed at 11.55 am.