29 July 2003

COMHAIRLE NAN EILEAN SIAR

POLICY AND RESOURCES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway,

on Tuesday 29 July 2003 at 2.00 p.m.

PRESENT

Mr Angus Campbell (Chairman)

Mr Norman A Macdonald (Vice-Chairman)

Mr Alexander A Macdonald

Mr Malcolm J Graham

Mr Angus Nicolson

Mr Murdo Macleod

Mr Norman M Macleod

Mrs Morag Munro

Mr Archie K Campbell

Mr Donald Maclean

Mr Norman L Macdonald

Mr Donald Manford

CIVIC GOVERNMENT LICENSING

Public Entertainment Licensing - Variation of Standard Conditions

1

With reference to item 22 of the Minute of Meeting of 12 June 2003, the Director of Corporate Services submitted a report advising Members of the Opinion of Senior Counsel and requesting that Members consider the appropriateness of imposing a standard condition in relation to Sunday operation in light of that Opinion. The Memorial seeking Senior Counsel's Opinion, a summary of the Opinion, and the Opinion were appended to the report.

It was recommended in the Report that:

(a) the Comhairle agree to discontinue the practice of imposing a standard condition on public entertainment premises in Lewis, Harris and North Uist that such premises shall not be operated on Sundays;

(b) the Comhairle reaffirm its position as detailed in its Mission Statement, agreed on 12 June 2003, that it will "respect all religious traditions and promote all aspects of our heritage and culture."

(c) the Committee recommend to the Comhairle that Paragraph 3 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 Car Vehicles, Public Entertainment and Street Collections, other than new applications for public entertainment licences (with the exception of applications for "occasional" public entertainment licences); and

(d) the Committee recommend that the Comhairle establish a Civic Government Licensing Panel for the term of the Comhairle to consider individual applications.

It was agreed that the Committee would not exercise its delegation but refer the matter to full Comhairle.

Mrs Morag Munro seconded by Mr Alex A Macdonald moved that recommendation (a) be amended to read `The Comhairle note the terms of the Opinion from Senior Counsel that it is lawful for the Comhairle to continue imposing 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 merits and that the Comhairle consider all applicatons on their own merits in accordance with Counsel's opinion'.

It was agreed to recommend approval of the recommendations, as amended above.

It was agreed to suspend Standing Orders 64 and 65 to allow the Committee to reconsider the paragraph in the Mission Statement detailed in recommendation (b) of the Report.

Mr Norman M Macleod, seconded by Mrs Morag Munro, moved that recommendation (b) be amended to read "the Comhairle reaffirm its position as detailed in its Mission Statement, agreed on 12 June 2003, that it will "respect all our religious traditions and promote all aspects of our heritage and culture."

Mr Norman A Macdonald, seconded by Mr Archie Campbell, moved as an amendment that recommendation (b) be not amended.

On the matter being put to the vote the amendment received the majority of the votes cast.

The Chairman declared that the amendment had been carried and it was agreed to recommend approval of the amendment and recommendations (c) and (d) in the Report.

PRESENT	Mr Angus Campbell (Chairman)
	Mr Norman A Macdonald (Vice-Chairman)
	Mr Alexander A Macdonald Mr Malcolm J Graham Mr Angus Nicolson Mr Murdo Macleod	Mr Norman M Macleod Mrs Morag Munro Mr Archie K Campbell Mr Donald Maclean
	Mr Norman L Macdonald	Mr Donald Manford

		CIVIC GOVERNMENT LICENSING
Public Entertainment Licensing - Variation of Standard Conditions	1	With reference to item 22 of the Minute of Meeting of 12 June 2003, the Director of Corporate Services submitted a report advising Members of the Opinion of Senior Counsel and requesting that Members consider the appropriateness of imposing a standard condition in relation to Sunday operation in light of that Opinion. The Memorial seeking Senior Counsel's Opinion, a summary of the Opinion, and the Opinion were appended to the report.
		It was recommended in the Report that: (a) the Comhairle agree to discontinue the practice of imposing a standard condition on public entertainment premises in Lewis, Harris and North Uist that such premises shall not be operated on Sundays; (b) the Comhairle reaffirm its position as detailed in its Mission Statement, agreed on 12 June 2003, that it will "respect all religious traditions and promote all aspects of our heritage and culture."
		(c) the Committee recommend to the Comhairle that Paragraph 3 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 Car Vehicles, Public Entertainment and Street Collections, other than new applications for public entertainment licences (with the exception of applications for "occasional" public entertainment licences); and (d) the Committee recommend that the Comhairle establish a Civic Government Licensing Panel for the term of the Comhairle to consider individual applications.
		It was agreed that the Committee would not exercise its delegation but refer the matter to full Comhairle. Mrs Morag Munro seconded by Mr Alex A Macdonald moved that recommendation (a) be amended to read `The Comhairle note the terms of the Opinion from Senior Counsel that it is lawful for the Comhairle to continue imposing 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 merits and that the Comhairle consider all applicatons on their own merits in accordance with Counsel's opinion'. It was agreed to recommend approval of the recommendations, as amended above. It was agreed to suspend Standing Orders 64 and 65 to allow the Committee to reconsider the paragraph in the Mission Statement detailed in recommendation (b) of the Report. Mr Norman M Macleod, seconded by Mrs Morag Munro, moved that recommendation (b) be amended to read "the Comhairle reaffirm its position as detailed in its Mission Statement, agreed on 12 June 2003, that it will "respect all our religious traditions and promote all aspects of our heritage and culture." Mr Norman A Macdonald, seconded by Mr Archie Campbell, moved as an amendment that recommendation (b) be not amended. On the matter being put to the vote the amendment received the majority of the votes cast. The Chairman declared that the amendment had been carried and it was agreed to recommend approval of the amendment and recommendations (c) and (d) in the Report.