Agendas, reports and minutes

Highland Licensing Committee

Date: Tuesday, 1 November 2016

Minutes: Read the Minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 1 November 2016 at 10.00 am.

Present:

Dr I Cockburn, Mr C Fraser, Mr R Greene, Mrs L Macdonald, Ms M Smith, Mr J Stone and Mr H Wood.

In attendance:

Ms S Blease, Principal Solicitor (Regulatory Services)
Miss C McArthur, Solicitor (Regulatory Services)
Mr M Elsey, Senior Licensing Officer
Mr G MacCormick, Senior Environmental Health Officer
Mr B Murdoch, Environmental Health Officer
Mrs A MacArthur, Administrative Assistant

Also attending:

Sergeant B Gray, Police Scotland
Item 6.1: Mr J F Robins, Animal Concern Advice Line and Ms W A B Wall, objectors
Ms A Gallagher, applicant’s representative and volunteer worker

Dr I Cockburn in the chair

The Chairman 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

There were no apologies for absence.   

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 4 October 2016 which was APPROVED.

4.  Licences granted under delegated powers
Ceadachdan a Bhuilicheadh fo Ughdarras air a Thiomnadh

There had been circulated Report No HLC/082/16 by the Principal Solicitor detailing licences granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 21 September to 18 October 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/083/16 by the Principal Solicitor relating to applications which were 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:

  1. 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
  2. to a future meeting of the Committee when the applications will be determined in terms of the hearings procedure.

6.  Continued Item
Civic Government (Scotland) Act 1982
Applications for a public entertainment licence
Cuspairean a’ Leantain

Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachd aoigheachd phoblaich

6.1  Premises: Black Isle Country Park, Drumsmittal, North Kessock

Further to the Committee’s decision on 4 October 2016 to continue the hearing on this application there had been re-circulated Report No HLC/070/16 by the Principal Solicitor relating to an application for a Public Entertainment Licence for a farm park/petting zoo at Black Isle Country Park, Drumsmittal, North Kessock by Ewan Maxwell.  An objection had been received from Environmental Health as detailed in the Report.

Mr MacCormick spoke to the objection from Environmental Health.  There had been issues with the park when it held a zoo licence.  The zoo licence had been revoked and most of the exotic animals had subsequently been rehomed.  The animals remaining were now mostly domestic animals.  He stated that there were now systems in place for animal welfare with an Animal Welfare Plan and that the park was visited regularly by a local veterinary practice working pro-actively to monitor  animal welfare.  The veterinary practice had submitted a satisfactory report.  The park was also required to submit a maintenance plan and this had been done.  Considerable work had been undertaken and steps had been put in place to identify any issues with daily and weekly checks.  The park, for the purpose of this licence, would operate on a much smaller area of the landholding.  The boundary of the licensed area would be clarified in the licence once a detailed layout plan had been submitted and approved.   Environmental Health had worked closely with the applicants and had now removed their objection, subject to submission and approval of a final layout plan. 

In response to questions from Members, Mr MacCormick responded as follows: 

  • the Animal Health Officer within environmental services consulted with AFA, the independent government animal health agency, and a government vet had attended the site and given advice to the Animal Health Officer;
  • the park itself had appointed a local veterinary practice who had assisted the applicant in complying with the first condition of the Environmental Health objection requiring submission of an animal welfare plan for approval;
  • visits undertaken by Environmental Health were both ad hoc and programmed to enable a watching brief be kept on the park;
  • there was a daily log sheet for staff members who now did a daily walk round the park looking for any issues prior to members of the public being allowed into the park; the onus was on the park to undertake completion of the log sheet and to actively manage the park; and
  • the remaining exotic animals, specifically the zebra, would, until such time as it was rehomed, remain off-site on a part of the landholding that would not be covered by the public entertainment licence and would therefore not be open to the public.

The applicant had no questions for the Environmental Health Officers.

In response to questions from the objectors, Mr MacCormick responded as follows: 

  • the zebra was still on the park but was outwith the area that would be the subject of this licence; the park was actively engaged in rehoming the zebra;
  • the vast majority of the exotic animals had been moved off site;
  • the Animal Health Officer and the veterinary practice would continue to monitor the private animal collection which would include any animals held by the park outwith the area of the public entertainment licence;
  • the zebra, being a herd animal, was housed with some of the deer but the zebra would need a passport and papers to be allowed to be rehomed and work to arrange this was in progress; 
  • the Environmental Health Officers were educating the park owners to provide proactive veterinary care; care and welfare sheets had been drawn up for each of the animals on the park and these were kept updated; and
  • the wild cats on site did not meet the full genetic criteria for wild cats and were therefore classed as domestic animals.

The applicant’s representative then addressed the Committee.  Ms Gallagher was a volunteer working closely with the animals and attended the park on a daily basis.  The park had worked closely with the Environmental Health Officers over the past 12 months and the park had adhered to the instructions and advice from the officers.  All the exotic animals, except for the zebra, had been rehomed.  The zebra was housed with the deer and was no longer stressed.  The public entertainment licence was to allow children and visitors to the park to see some animals. 

The applicant’s representative replied to questions from the objectors and Members as follows:

  • she was unaware as to whether the wild cats had been neutered; and
  • two young men had worked at the park as work experience for their veterinary courses during the summer.

The objectors and the applicant’s representative then summed up. 

Following discussion, the Committee agreed to GRANT the application subject to the standard PEL conditions, three additional conditions to meet the requirements set out by Environmental Health in their memorandum at Appendix 1 to the report and a further condition that the hatchery area will not be accessed by the public until the roof repairs had been completed and approved by Building Standards.

It was further agreed that the licence be issued only once the final layout plan has been submitted by the applicant and approved by Environmental Health.

7.  Private hire car driver knowledge testing
Deuchainneachadh eòlais do dhràibhearan chàraichean air màl prìobhaideach

There had been circulated Report No HLC/084/16 by the Principal Solicitor inviting the Committee to consider (a) whether to introduce knowledge testing for private hire car drivers in the Highland area and, if so, the knowledge testing requirements which should apply, or (b) whether to go out to public consultation before reaching any decision on these questions.

Following discussion the Committee agreed to DEFER the decision for six months until further provisions of the Air Weapons and Licensing (Scotland) Act 2015 relating to taxis have come into force and guidance on these provisions had been received from the Scottish Government, particularly in relation to the removal of the 24 hour contract exemption provision.

8.  Civic Government (Scotland) Act 1982
Applications for a public entertainment licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachd aoigheachd phoblaich

8.1  Premises: Culduthel Christian Centre, Culduthel Avenue, Inverness

There had been circulated Report No HLC/085/16 by the Principal Solicitor relating to an application for a public entertainment licence for Culduthel Christian Centre, Culduthel Avenue, Inverness by the management of the Culduthel Christian Centre.

The Committee NOTED that the application had been granted under delegated powers as the outstanding electrical certificate had now been submitted and approved.

The meeting closed at 11.20 am.