Inverness Councillor Duncan Macpherson booted from committee for branding it ‘toothless’ but officials bit back saying he was not ‘respectful and orderly’
A Highland Councillor has been booted out of a licencing committee as frustrations flared over a contentious short term let application for a property in Balloch.
Cllr Duncan Macpherson was asked not to return by the chairman Sean Kennedy alongside council solicitor Claire MacArthur under standing orders rule 10.4 - being respectful and orderly.
Tempers flared over whether or not to agree to an STL for 1 Torris Road after allegations of anti-social behaviour by a previous owner.
But it attracted more than dozen objections, including one from the local community council.
Some of those neighbours who objected to the plan fear “people coming and going at all hours, parties, issues with people parking” if it became an Airbnb style rental.
They made several passionate objections against grant the licence, apparently after previous experiences almost drove some to move out of the area.
Councillor Duncan Macpherson seemed to take their side and asked the officials on what grounds the licencing committee could ever refuse an application.
He said: “I highlighted the fact that it is almost impossible for the Highland licencing committee to refuse a short term let (STL) licence for any applicants, despite there being several valid concerns from objectors and neighbours whose homes are overlooked by or adjacent to the STL property.
“The residents of neighbouring properties are left powerless by the current legislation to validly object and have their objections upheld under the current Scottish Government legislation which almost gives automatic acceptance for every STL application made.
He added: “I said that this committee was therefore impotent and toothless and we were being asked to judge a situation with one hand tied behind our backs”.
The item was decided, the licence was granted under condition and the committee broke for lunch, during which time Cllr Macpherson was asked not to return.
The local authority later confirmed he was effectively accused of failing to conduct himself “in a respectful and orderly manner”.
And that any member “who fails to respect the authority of the chair may be required by the convener or chair to leave the meeting”.
Cllr Kennedy felt that the meeting was being “over-heated” and he did not want the committee to be distracted from the job in hand by debating the legislation that legally has to underpin their decisions.
“At the end of the day,” he said. “Cllr Macpherson turned the meeting political.
“In my understanding, licencing is non-political and quasi-judicial – and these rules are based on legislation, case law and other legal precepts.
“The solicitor had to make it clear that whether the site was appropriate or not was down to a planning committee – licencing is mostly about the suitability of the applicant.
“So I felt the best course of action for the smooth the running of the rest of the meeting with further STL licencing items that he did not take any further part.
“For me the matter is over and done with.”
