Agendas, reports and minutes
Caithness Licensing Board
Date: Tuesday, 17 June 2003
Agenda: Caithness Licensing Board Minute - 17 June 2003
The Licensing Board Caithness
Minutes of Meeting held in Town Hall, Wick on Tuesday 17th June 2003
Present:
|
Councillor Alastair I. MacDonald (Acting Chairman)
|
Councillor Donald M. Mackay |
In attendance:
Mrs. Fiona Sinclair, Depute Clerk to the Licensing Board
Chief Inspector John McDonald, Northern Constabulary
Inspector James Neil, Northern Constabulary
1. Appointment of Chairman
Councillor David C. M. Flear was appointed Chairman of the Board. In his absence Councillor MacDonald was appointed Chairman of the meeting.
2. Apologies for Absence
Apologies for absence were intimated on behalf of Councillors Flear, Jackson and Mowat.
3. Confirmation of Minutes
The Minutes of the Meeting of the Licensing Board held on 18th March, 2003, copies of which had been circulated, were held as read and were approved.
4. Applications for Renewal of Licences
Applications for the renewal of licences were submitted and granted in respect of the following:-
| Applicant |
Name of Premises |
Type of Licence |
| Mrs. Valerie Cook, Breadalbane House Hotel, Breadalbane Terrace, Wick. |
Breadalbane House Hotel, |
Hotel |
| James B. Cowie, Aspen Bank, Banks Road, Watten. |
Captains Galley Seafood Restaurant, |
Public House and Sunday Opening |
| Richard A. Cardosi, 55 Princes Street, Thurso. |
Central Hotel, |
Hotel |
| North Highland College and Ms. Anne Frew (Section Leader Hospitality), Ormlie Road, Thurso. |
Flagstones Restaurant, |
Restaurant |
| Hugh J. Mackay, Comlifoot House, Halkirk. |
Shop, |
Off-Sales |
| Pitlochry Knitwear Co. Ltd. And Mrs Alexandra Sinclair (Manager), Martima, John O'Groats. |
John O'Groats Knitwear Company, |
Off-Sales |
| Inver House Distillers Ltd. And Fred Sinclair (Manager), Noslen, Scalesburn, Wick. |
Pulteney Distillery, |
Off-Sales |
| J. D. Wetherspoon plc. And Gary Webster, 10 Ness Court, Haugh Road, Inverness. |
The Alexander Bain, |
Public House and Sunday Opening |
| Mrs. Annette Mackay, Bews Butchers, 48 Princes Street, Thurso. |
The Shop, |
Off-Sales |
| Ms. Martine Hughes, 17 Rockwell Crescent, Thurso. |
The Wine Shop, |
Off-Sales |
| Highland Travel Inns Ltd. And James W. Youngson (Director), Burnside, Thurso. |
Weigh Inn Motel, |
Hotel |
5. APPLICATION FOR PERMANENT TRANSFER OF LICENCE FOLLOWING TEMPORARY TRANSFER
Applications for the permanent transfer of licences following temporary transfer were submitted and granted in respect of the following:-
| Applicant | Name of Premises |
Type of Licence |
| Mrs. Helen McVey, 25D Brabster Street, Thurso. |
Bower Inn, Bower. |
Public House |
| Murray Retail and Ms. Laura Campbell, 11 Harland Road, Castletown. |
Mace, Provost Sinclair Road, High Ormlie, Thurso. |
Off - Sales |
6. APPLICATIONS FOR CONFIRMATION OF SUBSTITUTION OF EMPLOYEE
Applications for the confirmation of substitution of employee, were submitted and granted in respect of the following:-
| Applicant | Name of Premises |
Type of Licence |
| Belhaven Brewery Co. Ltd. And Ben Anguige, 5 Porterfield Bank, Inverness. |
The Yard, 2 The Shore, Wick. |
Public House |
| Partnership of Mr. J. M. & Mrs. J. E. Sutherland and Robert Reynolds (General Manager), c/o Portland Arms Hotel, Lybster. |
Portland Arms Hotel, Lybster. |
Hotel |
7. APPLICATIONS FOR THE REGULAR EXTENSION OF PERMITTED HOURS
Applications for the regular extension of permitted hours were submitted and granted in respect of the following:-
| Applicant |
Name of Premises and Type of Licence Held |
Extension of Hours Granted |
| Daniel Chretien, Easter Hill, Corbiegoe, Thrumster. |
Bord D L'eau, |
From 11pm to 12 midnight on Fridays and Saturdays; From 2.30pm to 6.30pm on Sundays. |
| Alfred G. Mackay, Myrelandhorn, Kirk, By Wick. |
Brown Trout Hotel, |
From 11pm to 12 midnight on Mondays to Thursdays; From 11pm to 1am the following day on Fridays; From 11pm to 11.45pm on Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays. |
| Francis Street Club & Institute and Alexander J. McDonald (Club Secretary), 16 Hillhead Road, Wick. |
Francis Street Club & Institute, |
From 11pm to 12 midnight on Mondays to Thursdays; From 11pm to 1am the following days on Fridays and Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays. |
| Mrs. Patricia Blunden, Smith Terrace, Wick. |
Mountain Dew Bar, |
From 11pm to 12 midnight on Thursdays; From 11pm to 1am the following day on Fridays; From 11pm to 11.45pm on Saturdays. |
| North British Trust Hotels Limited and Kevin N. Ford (Manager), 9 High Street, Wick. |
Norseman Hotel, |
From 11pm to 12 midnight on Mondays to Thursdays; From 11pm to 1am the following days on Fridays and Saturdays; From 2.30pm to 6.30pm on Sundays. |
| The partnership of Mr. J. M. & Mrs. J. E. Sutherland and Robert F. Reynolds (General Manager), Portland Arms Hotel, Lybster. |
Portland Arms Hotel, |
From 11pm to 12 midnight on Mondays to Thursdays; From 11pm to 1am the following days on Fridays and Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays. |
| Reay Golf Club and William McIntosh (Club Secretary), 3 Viewfirth Terrace, Thurso. |
Reay Golf Club, |
From 11pm to 12 midnight on Mondays to Thursdays; From 11pm to 1am the following days on Fridays and Saturdays; From 11am to 12.30pm and 2.30pm to 6.30pm on Sundays. |
| North British Trust Hotels Limited and Mrs. Andrena Smith or Mackinnon or Salter (General Manager), 4 Sir George's Street, Thurso. |
Royal Hotel, |
From 11pm to 12 midnight on Mondays to Thursdays; From 11pm to 1am the following days on Fridays and Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays. |
| John O'Groats Crafts Limited and Walter D. Mowat, Balquholly, John O'Groats. |
Seaview Hotel, |
From 11pm to 12 midnight on Mondays to Thursdays; From 11pm to 1am the following days on Fridays and Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays. |
| Brian R. Cardosi, Fern House, 9 George Street, Thurso. |
Skinandi's, |
From 11pm to 12 midnight on Mondays to Wednesdays; From 11pm to 1am the following day on Thursdays; From 11pm to 2am the following day on Fridays; From 11pm to 1.30am the following day on Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays. |
| Mrs. Georgina C. H. Hossack, 27 Rose Street, Thurso. |
St. Clair Arms Hotel, |
From 11pm to 12 midnight on Mondays to Thursdays; From 11pm to 1am the following days on Fridays and Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays. |
| Mrs. Georgina C. H. Hossack, 27 Rose Street, Thurso. |
St. Clair Hotel, |
From 11pm to 12 midnight on Mondays to Thursdays; From 11pm to 1am the following days on Fridays and Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays. |
| Highland Travel Inns Limited and James W. Youngson (Company Director), Burnside, Thurso. |
The Ferry Inn, |
From 9am to 11am and 11pm to 12 midnight on Mondays to Thursdays; From 9am to 11am and 11pm to 1am the following day on Fridays; From 9am to 11am and 11pm to 11.45pm on Saturdays; From 9am to 12.30pm, 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays. |
| LRM Services (Caithness) Limited and Leslie R Maclean (Company Director), 25 Brabster Street, Thurso. |
The Grove Lounge, |
From 9am to 11am and 11pm to 12 midnight on Mondays to Thursdays; From 9am to 11am and 11pm to 1am the following days on Fridays and Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays. |
| LRM Services (Caithness) Limited and Leslie R. Maclean (Company Director), 25 Brabster Street, Thurso. |
The Leisure Centre, |
From 9am to 11am and 11pm to 12 midnight on Mondays to Thursdays; From 9am to 11am and 11pm to 1am the following days on Fridays and Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays. |
| Filmbrook Limited and Mrs. Valerie Mackenzie (Manager), Juniper Brae, Janet Street, Thurso. |
The Viking Bowl/All Star Factory |
From 11pm to 12 midnight on Mondays to Thursdays; From 11pm to 1.30am the following day on Fridays; From 11pm to 1am the following day on Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays. |
| Thurso Bowling Club and Keith Boden (Secretary), 31 Heathfield Road, Thurso. |
Thurso Bowling Club, |
From 11pm to 1am the following day on Fridays; From 11pm to 11.45pm on Saturdays; From 2.30pm to 6.30pm on Sundays. |
The Yard, Wick (formerly Carter's Bar)
There had been submitted an application for regular extension in respect of The Yard, Wick, formerly known as Carter's Bar. Mr. Stephen Copinger, Solicitor, was present to represent the applicants, Belhaven Brewery Company Limited, and Mr. Ben Anguige, the Bar Manager, was also in attendance.
Mr. Copinger advised the Board that the premises had recently been refurbished to provide a different style of facility and in this regard the applicants were applying for hours in line with the Board's policy for venues providing late night entertainment. He explained that during the daytime the premises would be open as a normal bar and would provide meals, but that in the evening entertainment would be provided. He stated that there was a DJ booth with a dance floor to enable the premises to provide late night dancing in the style of a nightclub. He intimated that trained stewards were employed by the company and that no complaints had been received from neighbouring premises. He stated that the company would be willing to accept a curfew similar to that imposed at Skinandi's, Thurso, and suggested to the Board that the proposed hours should be granted for a trial period.
In response to clarification sought by the Clerk as to the size of the dance floor and the training of stewards, Mr. Anguige advised that he estimated the dance floor to be 17m2 and that the stewards were local people employed by a large security company which provided stewards for similar venues in Inverness. He advised that the stewards would be trained to a standard which was acceptable all over Scotland. He explained that the stewards co-operated with those employed at other bars in the town centre and it was hoped in the future to have a radio link-up system between the bars. Mr. Copinger indicated that the Board had been invited to visit the premises.
The Clerk reminded the Board of the terms of its policy on late night extensions in terms of which the Board consider the size of the dance floor, the standard of entertainment on offer, and the standard of training of stewards before granting extensions beyond 12 midnight on Thursdays, and 1 am the following day on Fridays and Saturdays.Inspector Neil advised the Board that he had no knowledge of any complaints received from residents beside The Yard, and his only concern was with the large movement of people leaving the premises at closing time. He stated that since the curfew had been imposed at Skinandi's, there had been no incidents of public disorder due to the late licence and he was of the view that the curfew had been of considerable assistance in maintaining public order.Members agreed to visit the premises following the conclusion of other business on the Agenda, and to reconvene thereafter to make their decision.
All members present at the Board meeting attended a site visit to the Yard. Following the site visit, the meeting reconvened. The Clerk reminded the members of the terms of the policy, and of the terms of Section 64 of the Licensing (Scotland) Act. Members expressed the view that they were impressed with the standard of the refurbishment, and with the level of facilities and entertainment provided in the premises, but they differed in their view as to whether the premises satisfied the criteria set down in the Board's policy on late night extensions for specialised late night entertainment venues. They noted the particular circumstances of the premises, and the submissions made by the applicant, and by the Police. In particular, the applicant had advised the Board that he would welcome the imposition of a curfew at 12 midnight, in order to help prevent public disorder.
Following discussion, Councillor Green, seconded by Councillor Mackay proposed that the application be granted as applied for, except that the hours granted on Thursdays would be until 12 midnight, and on Friday and Saturdays until 1 am the following day. Councillor MacNab, seconded by Councillor Fernie, proposed as an amendment that the application be granted as applied for until the Board meeting in October, subject to a 12 midnight curfew. Three members voted for the amendment and two for the motion. Accordingly, the amendment by Councillor MacNab became the decision of the Board.
Skinandi's, Thurso
An application had been submitted for a regular extension in respect of Skinandi's, Thurso. It was noted that the premises had been granted extended hours in line with the Board's late night policy at the January Board for six months, subject to a curfew to prohibit customers entering the building after midnight each day.
Mr. Douglas Robertson, Solicitor, appeared on behalf of the applicant, and explained that since January, no problems had been encountered with the internal management of the premises, but there were still problems with disorder outwith the premises with customers leaving. He intimated that the Board also requested that the applicant consult with the Police, and this had been done, and staff training had been undertaken with the Police in relation to dealing with customers, drink and drugs. He advised that the curfew had been strictly imposed, and the applicant had found it beneficial and helpful to have customers arriving earlier. He also advised that the premises had been refurbished during this period, and improvements had been made to assist in maintaining good order and eliminating noise. He stated that an improvement had been achieved and that the applicant would continue to maintain good order and arrange for staff training. He moved that the application be granted.
Inspector Neil advised that the applicant had worked closely with the Police and positive steps had been taken to improve the situation. He stated that no offences had been reported, although there was an ongoing problem with customers leaving the premises on to the trunk road. He was of the view that this was a matter for the Police and the Roads Authority. He felt the curfew had been successful and no complaints had been received by the Police from residents.Members were of the view that positive contact had been made between the applicant and the Police to improve the situation and that the curfew had had a positive effect. The Board agreed to grant the regular extension subject to the curfew for one year, the hours granted being as follows:-
From 11pm to 12 midnight on Mondays to Wednesdays; From 11pm to 1am the following day on Thursdays; From 11pm to 2am the following day on Fridays; From 11pm to 1.30am the following day on Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays.
The Waterfront, Wick
There was submitted an application for regular extension in respect of The Waterfront, Wick. It was noted that a letter had been sent to the applicant stating that the Board may also impose a curfew on her premises.
Inspector Neil advised the Board that although he had no objection to the hours applied for, he felt that the introduction of a curfew would be beneficial, since the premises operated as a night club after 11 pm.
The applicant, Mrs. Catherine Sutherland, advised the Board that she felt that it was unfair for a curfew to be imposed on her premises, as no objections had been received to her application, and during her three years as licensee of the premises, no complaints had been received. Mrs Sutherland advised that in her opinion, no need for the curfew had been demonstrated. She stated that her premises were purpose built and that the nightclub section only traded one night per week, and did not present a threat to public order. She advised that her application should be judged on its own merits.
The Board noted that a letter suggesting that a curfew might be introduced had been to the applicant a few days before the Board meeting, and noted that the purpose of the proposal was to keep the premises in line with the other premises which had similar hours. Following consideration the Board agreed to grant the application, without a curfew, for the following hours:-
From 11pm to 12 midnight on Mondays to Thursdays; From 11pm to 1.30am the following days on Fridays and Saturdays; From 2.30pm to 6.30pm and 11pm to 11.45pm on Sundays.
8. APPLICATIONS FOR CHILDREN'S CERTIFICATE
Applications for children certificates were submitted and granted in respect of the following:-
| Applicant |
Name of Premises |
Type of Licence |
| Belhaven Brewery Co. Ltd. And Ben Anguige, 5 Porterfield Bank, Inverness. |
The Yard, |
Public House |
| Richard A. Cardosi, 55 Princes Street, Thurso. |
Central Hotel, |
Hotel |
| The partnership of Mr. J. M. & Mrs. J. E. Sutherland and Robert F. Reynolds (General Manager), Portland Arms Hotel, Lybster. |
Portland Arms Hotel, |
Hotel |
| Mrs. Georgina C. H. Hossack, 27 Rose Street, Thurso. |
St. Clair Arms Hotel, |
Hotel |
| J D Wetherspoon plc. And Gary Webster, 10 Ness Court, Haugh Road, Inverness. |
The Alexander Bain, |
Public House |
9. APPLICATIONS FOR THE GRANT OF NEW LICENCES
Applications for the grant of new licences were submitted and granted in respect of the following:-
|
Applicant |
Name of Premises |
Type of Licence |
|
Andrew Bowles, |
The Cross, Lybster. |
Grant of a Restaurant Licence |
|
Alasdair L. Grant, |
John O'Groats Guest House (formerly Novelty House), The Broo, John O'Groats. |
Grant of Refreshment Licence |
10. APPLICATIONS FOR GAMING MACHINE PERMITS
Applications for gaming machine permits were submitted and granted in respect of the following:-
| Name of Premises | Number of Machines |
| The Bower Inn, Bower | one |
| Crown Bar, Wick | two |
| Hagar's Bar, Wick | two |
| Mackay's Hotel, Wick | two |
| Nethercliffe Hotel, Wick | one |
| Royal Hotel, Thurso | two |
| Seaview Hotel, John O'Groats | one |
| The Ferry Inn, Scrabster | two |
| The Newmarket, Thurso | two |
CHAIRMAN.