Meeting Details

Licensing Committee
6 Nov 2019 - 09:30
Occurred
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Public Items
1. Sederunt
2. Declaration of Group Decisions and Members Interests *
2.

In terms of Standing Order 20 and the Councillor's Code of Conduct there were no declarations from Group Leaders or spokespersons in regards to any prior decisions taken on how Members will vote on any item on the agenda.

 

3. Resolution

Consider, and if so decide, adopt the following resolution:

"That under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item 8 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act.”

 

3.

The Committee resolved, that in terms of Section 50A (4) (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting during consideration of the items of business appearing at the relevant paragraphs of this minute as specified below, so as to avoid disclosure of exempt information of the class described in the appropriate paragraphs of Part 1 Schedule 7A of the Act.

 

Paragraph Number of Minute Paragraph Number of Schedule 7A and reason 
   14
     Information relating to any action taken in connection with the prevention, investigation or prosecution of crime
   

4.

The minute of the meeting of 11 September 2019 was submitted and approved.

 

5. Written Questions **
5.

The Committee noted that there were no written questions.

 

A report by the Depute Chief Executive (Education, Communities and Organisational Development)

 

  1. pdf Appendix 1 Doc 1 Aberlour_A4 (499Kb)
  2. pdf Appendix 1 Doc 2 Alves_A4 (400Kb)
  3. pdf Appendix 1 Doc 3 Archiestown_A4 (562Kb)
  4. pdf Appendix 1 Doc 4A Buckie_Bld_A3 (1258Kb)
  5. pdf Appendix 1 Doc 4B Buckie_Pop_A3 (880Kb)
  6. pdf Appendix 1 Doc 5 Burghead_A4 (668Kb)
  7. pdf Appendix 1 Doc 6 Craigellachie_A4 (441Kb)
  8. pdf Appendix 1 Doc 7 Cullen_A4 (652Kb)
  9. pdf Appendix 1 Doc 8 Cummingston_A4 (305Kb)
  10. pdf Appendix 1 Doc 9 Dallas_A4 (480Kb)
  11. pdf Appendix 1 Doc 10 Dufftown_A4 (544Kb)
  12. pdf Appendix 1 Doc 11 Duffus_A4 (441Kb)
  13. pdf Appendix 1 Doc 12 Dyke_A4 (422Kb)
  14. pdf Appendix 1 Doc 13A Elgin_Bld_A3 (1541Kb)
  15. pdf Appendix 1 Doc 13B Elgin_Pop_A3 (1095Kb)
  16. pdf Appendix 1 Doc 14 Findhorn_A4 (614Kb)
  17. pdf Appendix 1 Doc 15 Findochty_A4 (627Kb)
  18. pdf Appendix 1 Doc 16 Fochabers_A4 (542Kb)
  19. pdf Appendix 1 Doc 17A Forres_Bld_A3 (1325Kb)
  20. pdf Appendix 1 Doc 17B Forres_Pop_A3 (1101Kb)
  21. pdf Appendix 1 Doc 18 Garmouth_A4 (649Kb)
  22. pdf Appendix 1 Doc 19 Hopeman_A4 (532Kb)
  23. pdf Appendix 1 Doc 20A Keith_Bld_A4 (747Kb)
  24. pdf Appedix 1 Doc 20B Keith_Pop_A4 (631Kb)
  25. pdf Appendix 1 Doc 21 Kingston_A4 (431Kb)
  26. pdf Appendix 1 Doc 22 Kinloss_A4 (733Kb)
  27. pdf Appendix 1 Doc 23 Lhanbryde_A4 (631Kb)
  28. pdf Appendix 1 Doc 24A Lossiemouth_Bld_A4 (679Kb)
  29. pdf Appendix 1 Doc 24B Lossiemouth_Pop_A4 (615Kb)
  30. pdf Appendix 1 Doc 25 Mosstodloch_A4 (594Kb)
  31. pdf Appendix 1 Doc 26 Newmill_A4 (551Kb)
  32. pdf Appendix 1 Doc 27 Portgordon_A4 (430Kb)
  33. pdf Appendix 1 Doc 28 Portknockie_A4 (620Kb)
  34. pdf Appendix 1 Doc 29 Rafford_A4 (678Kb)
  35. pdf Appendix 1 Doc 30 Rothes_A4 (721Kb)
  36. pdf Appendix 1 Doc 31 Rothiemay_A4 (577Kb)
  37. pdf Appendix 1 Doc 32 Tomintoul_A4 (658Kb)
  38. pdf Appendix 1 Doc 33 Urquhart_A4 (447Kb)
  39. pdf Appendix 2 SEV Questionnaire (270Kb)
  40. pdf Appendix 3 Q4 Suitable Area Data (55Kb)
  41. pdf Appendix 3 Important Licence Features (54Kb)
  42. pdf Appendix 3 Compatability with Neighbourhood (63Kb)
  43. pdf Appendix 3 Issues for Policy to Address (45Kb)
  44. pdf Appendix 3 All Responses SEV Data (160Kb)
  45. pdf Sex Entertainment Venues Report - Appendix 4 (193Kb)
  46. pdf Appendix 5 EIA for SEVs (198Kb)
6.

A report by the Depute Chief Executive (Education, Communities and Organisational Development) invited the Committee to consider the responses received to the consultation carried out in relation to the provision of a new licensing regime for sex entertainment venues in Moray, and in light of those responses decide whether sex entertainment venues should be licensed.

 

Following consideration the Committee agreed to:

 

i)  note the responses received from the initial consultation process;
   
ii) pass a resolution to licence Sex Entertainment Venues in Moray;
   
iii) when appropriate instruct the Head of Legal and Democratic Services to publish a draft notice of the resolution as required either electronically or in a newspaper circulating locally; and
   
iv) report back to Committee with any responses to a draft resolution along with a full Sex Entertainment Venues application process for approval including forms, guidance and a draft Sex Entertainment Venue policy statement, again developed in consultation with relevant interest groups.

7. Question Time ***

Consider any oral question on matters delegated to the Committee in terms of the Council's Scheme of Administration. 

 

7.

The Committee noted that no further questions were raised.

 

Item(s) which the Committee may wish to consider with the Press and Public excluded

 

Chair
1.

The meeting was chaired by Councillor Louise Laing.

 

Application for Renewal of a Taxi Driver Licence (Case No. TD/19/005)
8.

A report by the Depute Chief Executive (Education, Communities and Organisational Development) asked Committee to consider an application for renew of a taxi driver licence received on 4 July 2019 subject to an adverse representation received from a consultee.

 

The Committee noted that the applicant was in attendance.  The Chief Superintendent was represented by Sergeant Gillian Flett, Police Scotland.

 

Sergeant Flett addressed the Committee and responded to questions raised by the Committee.

 

The Applicant addressed the Committee and responded to questions raised by the Committee.

 

Both Sergeant Flett and the applicant summed up their case.

 

Councillor Alexander moved to grant the licence renewal in respect of Case No. TD/19/005 as he was satisfied that on the balance of evidence the applicant was a fit and proper person.  This was seconded by Councillor Divers.

 

Councillor Coy was of the view to refuse to grant the application for the renewal as she was satisfied on balance that the applicant was not a fit and proper person to hold a taxi driver licence having regard to the evidence presented.  Therefore a ground for refusal existed and proposed that the Committee was obliged to refuse.  The amendment was seconded by Councillor Macrae.

 

On the division there voted:

 

For the Motion (7) Councillors Alexander, Divers, Allan, Coull, Cowie, Divers, A McLean and M McLean
   
 For the Amendment (3) Councillors Coy, Macrae and Laing
   
 Abstentions (1) Councillor Gatt

 

Accordingly the motion became the finding of the meeting and the Committee agreed to grant the application for renewal.

 


Private Items
8. Application for Renewal of a Taxi Driver Licence - Case No. TD/19/005
  • 3. Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the Authority;
  1. TD-19-005 - app form
    • 3. Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the Authority;
  2. TD-19-005 - pol ltr
    • 3. Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the Authority;
Summary of Licensing Committee functions:

To deal with all aspects of the issue of licenses by Local Authorities as required by Government; to deal with matters of Licensing and registration not falling within the functions of any other Committee.

 

 

Additional Meeting Documents

Attendance

Name
No other member attendance information has been recorded for the meeting.
NameReason for Sending Apology
Councillor Ryan EdwardsNo reason given
Councillor Amy TaylorNo reason given
NameReason for Absence
No absentee information has been recorded for the meeting.

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
No declarations of interest have been entered for this meeting.

Visitors

Also in attendance at the above meeting were Sergeant Gill Flett, Police Scotland, Sean Hoath, Senior Solicitor and Tracey Sutherland, Committee Services Officer.

 




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