29 July 2003

COMHAIRLE NAN EILEAN SIAR

Minute of Meeting held in the Council Offices, Stornoway, on Tuesday 29 July 2003 at 3.30pm

PRESENT

Mr Alex A Macdonald (Chairman)

Mr Angus Campbell (Vice-Chairman)

Miss Samantha E L Hawkins

Mr Donald I Nicholson

Mr John Mackay

Mr Norman M Macleod

Mr Iain Morrison

Mr Donald J Macsween

Mr Roderick Morrison

Mr Alexander M Mackintosh

Mr Norman A Macdonald

Mrs Annie Macdonald

Mr Angus M Graham

Mrs Morag Munro

Mr Malcolm J Graham

Mr Donald Macdonald

Mr Ian M Macleod

Mr Archie Campbell

Mr Neil Campbell

Mr Donald Maclean

Mr Angus Nicolson

Mr Martin C Taylor

Mr Murdo Macleod

Mr Peter Carlin

Mr Norman L Macdonald

Mr Ronald J Mackinnon

Mr Keith Dodson

Mr Angus Macdonald

Mr Angus McCormack

Mr Donald Manford

APOLOGIES

Mr George Lonie

Prayer

The Convener called on Mr Ian M Macleod who led the meeting in prayer.

Tribute: Mr Peter Macleod

The Convener referred to Mr Peter Macleod, a former Councillor, who died recently. Mr Macleod became Councillor for the Gress Ward when the Western Isles Council was established in 1975. Mr Macleod was a member of the Social Work, Development Services, Policy and Resources, Consumer Protection and Environmental Services Committees. Mr Macleod was a former Secretary of the SNP Constituency Party for the Western Isles and became Branch Chairman and Press Officer. He was also a former Convener of the Western Isles Constituency Association. The Convener, on behalf of the Comhairle, extended condolences to Mr Macleod's family.

Tribute: Mr Iain Mackay

The Convener referred to Mr Iain Mackay, the Comhairle's first Director of Engineering Services, who died recently. Mr Mackay was Director of Engineering Services from 1975 till his retirement in 1979. The Convener, on behalf of the Comhairle, extended condolences to Mr Mackay's family.

Tribute: Mr Calum Smith

The Convener referred to Mr Calum Smith, North Dell, Ness who celebrated his 100^th birthday on 29 July 2003. The Convener, on behalf of the Comhairle, extended best wishes to Mr Smith.

Tribute: Sir E Scott School Pupils

The Convener referred to a group of six Harris students who were crowned champions of Britain at the finals of the Young Enterprise UK Awards at the Savoy Hotel in London. The Group formed a Company called Beartas to develop, market and sell Isle of Harris Tartan as part of the Young Enterprise Scotland Company Programme. Beartas were the first ever Scottish Winners of the event and went on to represent the United Kingdom in the European Finals of the Competition. Sir E Scott School have become the only School in Young Enterprise Scotland to win the Scottish Finals for two years in succession. The Convener, on behalf of the Comhairle, congratulated the pupils and paid tribute to their advisers, Mrs Morag Munro, and Mr David Cameron, on their remarkable success.

COMMITTEES

Committee Decision Report

1

The Committee Decision Report of the Policy and Resources Committee of 29 July 2003 was submitted.

The Comhairle approved the recommendations in the Decision Report, with the exception of recommendation 1(a), which was amended to read as follows:

1(a) the Comhairle note the terms of the Opinion from Senior Counsel that it is lawful for the Comhairle to continue to impose standard conditions on Public Entertainment Licences restricting activity on Sunday, providing this is justified on the basis of amenity and providing it does not fetter the discretion of the Comhairle to consider each application on its own merits in accordance with Counsel's opinion.

It was agreed that, under the terms of Section 50A(4) of the Local Government (Scotland) Act 1973, the public, including the press, be excluded from the meeting during consideration of the following item on the grounds that exempt information defined in Paragraph 6 of Schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed, namely, information relating to the financial or business affairs of any particular person, other than the Comhairle.

CIVIC GOVERNMENT LICENSING

Application for Public Entertainment Licence - Application Number PEL30

2

With reference to item 11(10) of the Minute of Meeting of 12 June 2003 the Director of Corporate Service submitted a report concerning an application for a Public Entertainment Licence for the seven day operation of premises for public entertainment. A copy of the application was appended to the report. Correspondence between the Licensing Section and Northern Constabulary, Highlands and Islands Fire Brigade and the Environmental Health and Building Control Sections of the Comhairle were also appended to the Report.

Mr Angus Nicolson, seconded by Mr Donald J Macsween, moved that the licence be granted, with one additional condition, that there be no artificial lighting used on the site.

Mr Angus M Graham, seconded by Mr Norman M Macleod, moved as an amendment that the Comhairle do not grant this application, on the grounds of the substantial disturbance that this activity would cause to the amenity and tranquillity of that area.

On the matter being put to the vote, the motion received 8 votes and the amendment received 17 votes.

The Convener declared that the amendment had been carried.

Establishment of Civic Government Licensing Panel

3

The Director of Corporate Services submitted a report concerning the establishment of a Panel to deal with the determination and suspension of licences in terms of the Civic Government (Scotland) Act 1982 (other than taxi and private hire car licences) and the determination of conditions to be attached to a particular licence. The proposed membership, quorum and remit of the Panel was appended to the report.

It was agreed that:

(1) a Civic Government Licensing Panel be established for the term of the Comhairle with the remit, membership, quorum and functions as detailed in the Appendix to the report subject to the membership of the Panel being increased to seven members and the Environmental Services Committee having regard to geographical location in making appointments to the panel and that the Scheme of Administration be amended accordingly; and

(2) paragraph 33 of Part C of the Scheme of Delegation be amended to read as follows:

"to determine applications for licences under the Civic Government (Scotland) Act 1982, in respect of Taxis and Private Hire Vehicles, Public Entertainment and Street Collections, other than new applications for public entertainment licences (with the exception of applications for "occasional" public entertainment licences)", with effect from 1 August 2003.

ADDITIONAL ITEM

The Chairman ruled in terms of Standing Order 8 that the following item be considered as a matter of urgency in order that appointments be made to the Marine Fuel Working Group.

Mr Angus Campbell, Mr Norman L Macdonald and Mr Norman M Macleod declared an interest in the following item and left the meeting during consideration of the matter.

Appointments: Marine Fuel Working Group

4

The Director of Corporate Services submitted a Report concerning appointments to the Marine Fuel Working Group, which was established by the Comhairle during its last term, and the possible extension of the remit of the Working Group to include monitoring all aspects of the implementation of the project.

It was agreed that:

(1) Mr Alexander A Macdonald, Mr Donald Manford and Mr Archie Campbell be appointed to the Marine Fuel Working Group; and

(2) the remit of the Marine Fuel Working Group be extended to include monitoring of all aspects of the implementation of the project, in accordance with Paragraph 7(a) of the Scheme of Administration.

PRESENT	Mr Alex A Macdonald (Chairman)
	Mr Angus Campbell (Vice-Chairman)
	Miss Samantha E L Hawkins	Mr Donald I Nicholson
	Mr John Mackay	Mr Norman M Macleod
	Mr Iain Morrison	Mr Donald J Macsween
	Mr Roderick Morrison	Mr Alexander M Mackintosh
	Mr Norman A Macdonald	Mrs Annie Macdonald
	Mr Angus M Graham	Mrs Morag Munro
	Mr Malcolm J Graham	Mr Donald Macdonald
	Mr Ian M Macleod	Mr Archie Campbell
	Mr Neil Campbell	Mr Donald Maclean
	Mr Angus Nicolson	Mr Martin C Taylor
	Mr Murdo Macleod	Mr Peter Carlin
	Mr Norman L Macdonald	Mr Ronald J Mackinnon
	Mr Keith Dodson	Mr Angus Macdonald
	Mr Angus McCormack	Mr Donald Manford

APOLOGIES	Mr George Lonie

Prayer		The Convener called on Mr Ian M Macleod who led the meeting in prayer.
Tribute: Mr Peter Macleod		The Convener referred to Mr Peter Macleod, a former Councillor, who died recently. Mr Macleod became Councillor for the Gress Ward when the Western Isles Council was established in 1975. Mr Macleod was a member of the Social Work, Development Services, Policy and Resources, Consumer Protection and Environmental Services Committees. Mr Macleod was a former Secretary of the SNP Constituency Party for the Western Isles and became Branch Chairman and Press Officer. He was also a former Convener of the Western Isles Constituency Association. The Convener, on behalf of the Comhairle, extended condolences to Mr Macleod's family.
Tribute: Mr Iain Mackay		The Convener referred to Mr Iain Mackay, the Comhairle's first Director of Engineering Services, who died recently. Mr Mackay was Director of Engineering Services from 1975 till his retirement in 1979. The Convener, on behalf of the Comhairle, extended condolences to Mr Mackay's family.
Tribute: Mr Calum Smith		The Convener referred to Mr Calum Smith, North Dell, Ness who celebrated his 100^th birthday on 29 July 2003. The Convener, on behalf of the Comhairle, extended best wishes to Mr Smith.
Tribute: Sir E Scott School Pupils		The Convener referred to a group of six Harris students who were crowned champions of Britain at the finals of the Young Enterprise UK Awards at the Savoy Hotel in London. The Group formed a Company called Beartas to develop, market and sell Isle of Harris Tartan as part of the Young Enterprise Scotland Company Programme. Beartas were the first ever Scottish Winners of the event and went on to represent the United Kingdom in the European Finals of the Competition. Sir E Scott School have become the only School in Young Enterprise Scotland to win the Scottish Finals for two years in succession. The Convener, on behalf of the Comhairle, congratulated the pupils and paid tribute to their advisers, Mrs Morag Munro, and Mr David Cameron, on their remarkable success.
		COMMITTEES
Committee Decision Report	1	The Committee Decision Report of the Policy and Resources Committee of 29 July 2003 was submitted. The Comhairle approved the recommendations in the Decision Report, with the exception of recommendation 1(a), which was amended to read as follows: 1(a) the Comhairle note the terms of the Opinion from Senior Counsel that it is lawful for the Comhairle to continue to impose standard conditions on Public Entertainment Licences restricting activity on Sunday, providing this is justified on the basis of amenity and providing it does not fetter the discretion of the Comhairle to consider each application on its own merits in accordance with Counsel's opinion.
		It was agreed that, under the terms of Section 50A(4) of the Local Government (Scotland) Act 1973, the public, including the press, be excluded from the meeting during consideration of the following item on the grounds that exempt information defined in Paragraph 6 of Schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed, namely, information relating to the financial or business affairs of any particular person, other than the Comhairle.
		CIVIC GOVERNMENT LICENSING
Application for Public Entertainment Licence - Application Number PEL30	2	With reference to item 11(10) of the Minute of Meeting of 12 June 2003 the Director of Corporate Service submitted a report concerning an application for a Public Entertainment Licence for the seven day operation of premises for public entertainment. A copy of the application was appended to the report. Correspondence between the Licensing Section and Northern Constabulary, Highlands and Islands Fire Brigade and the Environmental Health and Building Control Sections of the Comhairle were also appended to the Report. Mr Angus Nicolson, seconded by Mr Donald J Macsween, moved that the licence be granted, with one additional condition, that there be no artificial lighting used on the site. Mr Angus M Graham, seconded by Mr Norman M Macleod, moved as an amendment that the Comhairle do not grant this application, on the grounds of the substantial disturbance that this activity would cause to the amenity and tranquillity of that area. On the matter being put to the vote, the motion received 8 votes and the amendment received 17 votes. The Convener declared that the amendment had been carried.
Establishment of Civic Government Licensing Panel	3	The Director of Corporate Services submitted a report concerning the establishment of a Panel to deal with the determination and suspension of licences in terms of the Civic Government (Scotland) Act 1982 (other than taxi and private hire car licences) and the determination of conditions to be attached to a particular licence. The proposed membership, quorum and remit of the Panel was appended to the report. It was agreed that: (1) a Civic Government Licensing Panel be established for the term of the Comhairle with the remit, membership, quorum and functions as detailed in the Appendix to the report subject to the membership of the Panel being increased to seven members and the Environmental Services Committee having regard to geographical location in making appointments to the panel and that the Scheme of Administration be amended accordingly; and (2) paragraph 33 of Part C of the Scheme of Delegation be amended to read as follows: "to determine applications for licences under the Civic Government (Scotland) Act 1982, in respect of Taxis and Private Hire Vehicles, Public Entertainment and Street Collections, other than new applications for public entertainment licences (with the exception of applications for "occasional" public entertainment licences)", with effect from 1 August 2003.
		ADDITIONAL ITEM
		The Chairman ruled in terms of Standing Order 8 that the following item be considered as a matter of urgency in order that appointments be made to the Marine Fuel Working Group.
		Mr Angus Campbell, Mr Norman L Macdonald and Mr Norman M Macleod declared an interest in the following item and left the meeting during consideration of the matter.
Appointments: Marine Fuel Working Group	4	The Director of Corporate Services submitted a Report concerning appointments to the Marine Fuel Working Group, which was established by the Comhairle during its last term, and the possible extension of the remit of the Working Group to include monitoring all aspects of the implementation of the project. It was agreed that: (1) Mr Alexander A Macdonald, Mr Donald Manford and Mr Archie Campbell be appointed to the Marine Fuel Working Group; and (2) the remit of the Marine Fuel Working Group be extended to include monitoring of all aspects of the implementation of the project, in accordance with Paragraph 7(a) of the Scheme of Administration.