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, 2 February 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. Confirmation
of minutes
Dearbhadh a’ gheàrr-chunntais
There are submitted for confirmation as correct records:
i. the minute of the meeting of the Highland Licensing Committee held on 8 December 2015; and
ii. the minute of the meeting of the Highland Licensing Committee held on 5 January 2016.
4. Licences
granted under delegated powers
Ceadachdan a bhuilicheadh fo ùghdarras air a thiomnadh
There is circulated Report No HLC/014/16 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 9 December 2015 to 19 January 2016.
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/015/16 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.
6. Review of public entertainment licence activities
Ath-bhreithneachadh air gnìomhachd ceadachd cur-seachad
poblach agus cumha ceadachd a bharrachd
There is circulated Report No HLC/016/16 by the Legal Manager relating to the responses received in relation to the consultation carried out to review the activities which are licensed as public entertainment under Section 41 of the Civic Government (Scotland) Act 1982.
7. Civic
Government (Scotland) Act 1982
Application for street trader’s licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd neach-malairt sràide
7.1 Application for a street trader’s licence – Frank Ryan
There is circulated Report No HLC/017/16 by the Legal Manager relating to an application which has been received from Frank Ryan for the renewal 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.
7.2 Application for a street trader’s licence – Kirsty Scobie
There is circulated Report No HLC/018/16 by the Legal Manager relating to an application which has been received from Ms K Scobie for the grant of a street trader’s licence (Wester Ross, Strathpeffer and Lochalsh Ward).
The Committee is invited to determine this application in accordance with the Council’s hearings procedure.
8. Civic
Government (Scotland) Act 1982
Taxi driver’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan
dhràibhearan tagsaidh
8.1 Application for taxi driver’s licence – Donald Macleod
There is circulated Report No HLC/019/16 by the Legal Manager relating to an application which has been received from Donald Macleod for the grant of a taxi driver’s licence (North, West and Central Sutherland).
The Committee is invited to determine this application in accordance with the Council’s hearings procedure.
8.2 Application for taxi driver’s licence – Michael Graigen
There is circulated Report No HLC/020/16 by the Legal Manager relating to an application which has been received from Michael Craigen for the grant of a taxi driver’s licence (Inverness Ness-Side Ward).
The Committee is invited to determine this application 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. 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 – Robert Docherty
There is circulated to members only Report No HLC/021/16 by the Legal Manager relating to an application which has been received from Robert Docherty 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.
11. Civic
Government (Scotland) Act 1982
Hearing
– private hire car operator’s licence and private hire car driver’s licence
Achd Riaghaltais Chatharra (Alba) 1982
11.1 Licence holder – John S Miller
There is circulated to members only Report No HLC/022/16 by the Legal Manager relating to John S Miller who is the holder of a private hire car licence and private hire car driver’s licence (Wick Ward).
The Committee is invited to determine this matter in accordance with the Council’s hearings procedure.
12. Civic
Government (Scotland) Act 1982
Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson cheadachdan do dhràibhearan
/ oibrichean tagsaidh
12.1 Licensed taxi driver – Ivo Veinbergs
There is circulated to members only Report No HLC/023/16 by the Legal Manager relating to Ivo Veinbergs who is the holder of a taxi driver licence (Inverness Millburn Ward).
The Committee is invited to determine this matter in accordance with the Council’s hearings procedure.
13. Antisocial Behaviour etc (Scotland) Act
2004
Private
landlord registration
Achd Dol A-mach Mì-shòisealta
(Alba) 2004
Clàradh uachdarain phrìobhaidich
13.1 Rent Penalty Notices
There is circulated to members only Report No HLC/24/16 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.
13.2 Kevin Hay
There is circulated to members only Report No HLC/025/16 by the Legal Manager relating to an application for registration in the Register of Private Landlords. The Committee is invited to hear from the landlord and consider the matter.
The Committee is invited to determine this matter in accordance with the Council’s landlord registration hearings procedure.
13.3 Tanya Green
There is circulated to members only Report No HLC/026/16 by the Legal Manager relating to an application for registration in the Register of Private Landlords. The Committee is invited to hear from the landlord and consider the matter.
The Committee is invited to determine this matter in accordance with the Council’s landlord registration 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 2 February 2016 at 10.00am.
Present:
Dr I Cockburn; Mr C Fraser; Mr R Greene; Mrs L Macdonald; Mr W MacKay; Mr J Rosie; Ms M Smith 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
Mr C Smith, Environmental Health
Officer
Ms G Gavin, Environmental Health
Officer
Mrs A MacArthur, Administrative
Assistant
Also Attending:
Sergeant B Gray, Police Scotland
Also in Attendance:
Item 7.2: Ms F MacRae, applicant’s representative
Item 12.1: Mr I Veinbergs, licence holder
Item 13.3: Ms T Green, private landlord, Ms Y
MacDonald, landlord’s representative
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 A Henderson, Ms G Sinclair and Mr H Wood.
2. Declarations of interest
Foillseachaidhean Com-pàirt
Item 13.3: Mrs L MacDonald (non-financial)
3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais
There had been submitted for confirmation as correct records:
i. the
minute of the meeting of the Highland Licensing Committee held on 8 December
2015; and
ii. the
minute of the meeting of the Highland Licensing Committee held on 5 January 2016.
Both the minutes were APPROVED.
The Legal Manager updated the Committee with regard to these meetings:
8 December 2015, item 11.1: Mr Bryson had passed his taxi knowledge test and the licences had been issued;
5 January 2016, item 9.1: Mr Butterworth had sat and failed the taxi knowledge test and therefore his application had been refused; 5 January 2016, item 9.2: Mr McLean had not yet contacted the office to sit a further knowledge test.
4. Licences granted under delegated
powers
Ceadachdan a bhuilicheadh fo
ùghdarras air a thiomnadh
There had been circulated Report No HLC/014/16 by the Legal Manager detailing those licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 9 December 2015 to 19 January 2016.
The Committee NOTED the Report.
5. Pending applications - 3 monthly considerations
Iarrtasan ri thighinn –
beachdachaidhean 3 mìosach
There had been circulated Report No HLC/015/16 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.
6. Review
of public entertainment licence activities
Ath-bhreithneachadh air gnìomhachd ceadachd
cur-seachad poblach agus cumha ceadachd a bharrachd
There had been circulated Report No HLC/016/16 by the Legal Manager relating to the responses received in relation to the draft resolution made following the consultation carried out to review the activities which are licensed as public entertainment under Section 41 of the Civic Government (Scotland) Act 1982.
The Senior Licensing Officer indicated that the charging regime for the new activities would be based on the current fee structure.
The Committee AGREED to make the following resolution:
The Highland Council resolves, in terms of Section 9 of the Civic Government (Scotland) Act 1982, to vary its existing resolution of 26 February 1998 with the effect that from 1st January 2017, the following changes to the licensing of public entertainment activities will apply within the Highland Council area :-
1. Premises used for exhibitions, lectures and illustrated talks (categories ii and xiii in the existing resolution)
Change: Remove the requirement for the abovementioned activities to be licensed when they take place indoors. Only events which take place outdoors or which involve the use of a temporary structure and where there is an admission fee or charge to the public will require a licence.
2. Premises used for fireworks displays, laser displays and war games (categories iii and v)
Change: Extend the requirements of this category to include fireworks displays and laser displays where there is no admission fee or charge.
3. Premises used for trampolines and bungee trampolines
Change: Introduce a new category and license these activities only where there is an admission fee or charge to the public.
4. Premises used for entertainment/variety shows
Change: License such events only where there is an admission fee charge to the public (to be included in category xii musical performances).
5. Premises used for concerts and musical performances
Change: License outdoor concerts and musical performances where there is no admission fee or charge and which have a capacity of over 250 and where amplified music, or use of a public address system, is the principle activity of the event (to be included in category xii musical performances).
6. Premises used for raves
Change: Include raves and similar impromptu musical events within category xii musical performances
7. Premises used for the performance of plays
Change: License the use of premises for the performance of plays where there is a charge to the public. This activity will only be licensed under the public entertainment category once the provisions in the Theatres Act 1968 governing the licensing of premises used for the performance of plays are repealed, and corresponding changes to the 1982 Act are brought into effect to allow the use of premises for the performance of plays to be included as an activity which requires a public entertainment licence.
It will be an offence under Section 7(1) of the Civic Government (Scotland) Act 1982 to do any of the above activities without a licence.
The Council will consider applications for licences for any of the above activities from 3rd March 2016. Applications can be made at the Council’s website at www.highland.gov.uk. Application forms are also available from appropriate Council Offices and all Service Points.
7. Civic Government (Scotland) Act 1982
Application for street trader’s licence
Achd
Riaghaltais Chatharra (Alba) 1982
Iarrtas
airson ceadachd neach-malairt sràide
7.1 Application for a street trader’s licence – Frank Ryan
There had been circulated Report No HLC/017/16 by the Legal Manager relating to an application which had been received from Frank Ryan for the renewal of a street trader’s licence. 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. Mr Ryan had been unable to attend and a letter from Mr Ryan was circulated.
The Committee AGREED that in the event that the gas safe certificate, electrical certificate, food hygiene training certificates and also confirmation that the wash hand basin has a supply of hot and cold water have not been received or confirmed by 23 March 2016 to grant delegated powers to the Legal Manager to refuse the application.
7.2 Application for a street trader’s licence – Kirsty Scobie
There had been circulated Report No HLC/018/16 by the Legal Manager relating to an application which had been received from Ms K Scobie for the grant of a street trader’s licence. The Report advised that Environmental Health could not comment on the vehicle until it had been purchased and checked.
Ms F Macrae, the applicant’s representative, advised that the vehicle had now been purchased and was being fitted out.
The Committee AGREED that in the event that Environmental Health have not confirmed that the van is satisfactory and has all the required certification by 22 March to grant delegated powers to the Legal Manager to refuse the application.
8. Civic Government (Scotland) Act 1982
Taxi driver’s licences
Achd Riaghaltais Chatharra
(Alba) 1982
Ceadachdan dhràibhearan
tagsaidh
8.1 Application for taxi driver’s licence – Donald Macleod
There had been circulated Report No HLC/019/16 by the Legal Manager relating to an application which had been received from Donald Macleod for the grant of a taxi driver’s licence. The applicant had not yet passed the taxi driver’s knowledge test.
The applicant was not in attendance.
The Committee AGREED to allow the applicant until 4 April 2016 to pass the knowledge test failing which to grant delegated powers to the Legal Manager to refuse the application.
8.2 Application for taxi driver’s licence – Michael Craigen
There had been circulated Report No HLC/020/16 by the Legal Manager relating to an application which had been received from Michael Craigen for the grant of a taxi driver’s licence. The applicant had not yet passed the taxi driver’s knowledge test.
The applicant was not in attendance.
The Committee AGREED to allow the applicant until 3 March 2016 to pass the knowledge test failing which to grant delegated powers to the Legal Manager to refuse the application.
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. 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 – Robert Docherty
There had been circulated to members only Report No HLC/021/16 by the Legal Manager relating to an application which had been received from Robert Docherty for a private hire car driver’s licence. Mr Docherty was awaiting an appointment for completion of his Group 2 (PSV) standard.
The applicant was not in attendance.
The Committee AGREED to allow the applicant until 22 March 2016 to demonstrate that he has passed the Group 2 (PSV) medical standard, failing which to grant delegated powers to the Legal Manager to refuse the application.
11. Civic Government (Scotland) Act 1982
Hearing – private hire car
operator’s licence and private hire car driver’s licence
Achd
Riaghaltais Chatharra (Alba) 1982
11.1 Licence holder – John S Miller
There had been circulated to members only Report No HLC/022/16 by the Legal Manager relating to John S Miller who was the holder of a private hire car licence and a private hire car driver’s licence. The Report advised that a letter of objection had been received from Police Scotland.
The applicant was not in attendance.
The Committee heard from Sergeant Gray.
The Committee AGREED to order the immediate suspension of both licences for the unexpired portion of their duration on the following grounds:
1. The licence holder is no longer a fit and proper person to hold the licences; and
2. The carrying on of the activities to which the licences relate has caused, is causing or is likely to cause a threat to public order or public safety due to his having carried in his vehicle two gas powered air pistols, one in the boot and another, which was loaded at the time of its discovery, in the driver’s door pocket.
12. Civic Government (Scotland) Act 1982
Taxi driver’s / operator’s licences
Achd
Riaghaltais Chatharra (Alba) 1982
Iarrtasan
airson cheadachdan do dhràibhearan / oibrichean tagsaidh
12.1 Licensed taxi driver – Ivo Veinbergs
There had been circulated to members only Report No HLC/023/16 by the Legal Manager relating to Ivo Veinbergs who was the holder of a taxi driver licence.
The Committee heard from the applicant.
The Committee AGREED to express concern that the licence holder had [text removed from web version in compliance with Data Protection Act 1998] after being warned as to his future conduct but to take no action other than to issue the licence holder with a severe warning as to his future conduct.
13. Antisocial Behaviour etc (Scotland) Act
2004
Private
landlord registration
Achd Dol A-mach Mì-shòisealta
(Alba) 2004
Clàradh uachdarain phrìobhaidich
13.1 Rent Penalty Notices
There had been circulated to members only Report No HLC/24/16 by the Legal Manager which detailed landlords who had 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 was sought.
The Committee AGREED to serve rent penalty notices in respect of those properties detailed in the appendix to the report where the landlord remained unregistered.
13.2 Kevin Hay
There had been circulated to members only Report No HLC/025/16 by the Legal Manager relating to an application for registration in the Register of Private Landlords. In light of previous concerns expressed by Police Scotland, the licensing department had sent a consultation to which Police Scotland had responded. The Report recommendation should be amended by replacing the words “authorise refusal of” with “refuse”.
The applicant was not in attendance.
The Committee AGREED to refuse the application for registration on the grounds that the applicant is not a fit and proper person to act as a landlord due to [text removed from web version in compliance with Data Protection Act 1998].
13.3 Tanya Green
Mrs L MacDonald declared a non-financial interest in Item 13.3 as she knew the applicant and left the room during its determination.
There had been circulated to members only Report No HLC/026/16 by the Legal Manager relating to an application for registration in the Register of Private Landlords. The Report recommendation should be amended by replacing the words “authorise refusal of” with “refuse”.
The Committee heard from the applicant, the applicant’s representative Ms Y Macdonald and from Sergeant Gray.
The Committee AGREED to approve the application for registration.
The meeting closed at 11.10 am.