7.
A report by the Corporate Director (Corporate Services) invited the Committee to consider an application for the grant of a later hours catering licence received on 3 September 2018 subject to the difficulty in the Applicant obtaining a Foreign Convictions Certificate and if they were so minded to consider granting the application at the meeting ahead of the end of the consultation delegating to the Senior Solicitor, if no further representations were received to grant the licence to the applicant.
Following consideration, Councill Gatt proposed a motion to suspend the Foreign Convictions Certificate Policy and review applications as merited.
In response, the Senior Solicitor explained that to suspend the Policy in its entirety would then mean that no licence applicants would need to provide Foreign Convictions Certificates, including taxi drivers, for whom the policy was introduced. He further advised, that the Committee could decide to come away from the policy for this applicant and any others of a similar nature and undertake a wider review of the policy.
Following the Senior Solicitor's explanation, Councillor Gatt withdrew his motion.
Following consideration, the Committee agreed to suspend the policy on Foreign Conviction Certificates for this applicant given the circumstances provided to the Committee and to consider the application at the meeting. It was further agreed that a revised policy on the need for Foreign Conviction Certificates would be brought back to a future Committee.
The application form and representation from Police Scotland in relation to application LHC/18/006 were distributed to the Committee.
The Committee noted that the applicant and his Solicitor, Mr Neil Ross of Grigor and Young were in attendance. The Chief Constable of Police Scotland was represented by Sergeant Wood, Police Scotland.
The applicant's Solicitor, Mr Ross addressed the Committee and responded to questions raised by the Committee.
Sergeant Wood, Police Scotland addressed the Committee and responded to questions raised by the Committee.
Following consideration, the Chair asked Mr Ross and Sergeant Wood if they were happy with the proceedings and if they felt they had received a fair hearing.
Mr Ross and Sergeant Wood advised that they were both happy with proceedings and confirmed that they felt they had had a fair hearing.
Following consideration Councillor Coy proposed a motion to grant the licence as applied for, with a closing time of 1.30am Thursday to Sunday with the exception of Keith Show and Keith Music Festival, closing at 2.00am, subject to no further negative representations being received before the end of the consultation period, this was seconded by Councillor Coull.
Councillor Cowie moved that the licence be granted in line with other similar businesses in Keith with a closing time of 12.30am with the exception of Keith Show and Keith Music Festival where closing could be extended until 2.00am, this was seconded by Councillor Gatt.
On the division there voted:
For the Motion (5) |
Councillors Coy, Coull, Allan, Laing and Patience |
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For the Amendment (5) |
Councillors Cowie, Gatt, Divers, Edwards and Shepherd |
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Abstentions (0) |
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There being an equality of votes, and in terms of Standing Order 62(e), the Chair cast her casting vote in favour of the motion.
Accordingly the motion became the finding of the meeting and the Committee agreed to grant the Late Hours Catering Licence in respect of Case No. LHC/18/006 and delegating to the Senior Solicitor on the provision that no further negative representations are received prior to the end of the consultation period.
Councillor Divers left the meeting at the conclusion of this item.