Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 13 May 2014 at 12.45pm.  

Business

Present:
Dr I Cockburn
Mr A Duffy
Mr C Fraser
Mr R Greene
Mr A Henderson
Mrs L Macdonald
Mr W Mackay
Ms M Smith
Mr J Stone

In Attendance:
Mr A Mackenzie, Clerk
Ms S Blease, Depute Clerk
Mr I Cox, Licensing Standards Officer
Mr D Inglis, Licensing Standards Officer
Mrs L Treasurer, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also in Attendance:
Inspector M MacInnes, Police Scotland

Item 7.1:  Mr R Sharp, Applicant and Mr I Bain, Objector
Item 8.5:  Mr J Grant and Ms J Munro, Applicants
Item 8.7:  Mr S Collie, Applicant and Mr R Dalton, Objector

Ms M Smith in the Chair

Briefing on Protocol for Webcasting of Meetings.

The Convener advised the Board that the meeting would be filmed and broadcast over the internet on the Highland Council website and would be archived and available for viewing for 12 months.

1.    Apologies for Absence
Leisgeulan

An apology for absence was intimated on behalf of Mrs G Sinclair.

2.        Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.    Confirmation of Minutes                         
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation the minute of the meeting of the Board held on 1 April 2014.

The minute was held as read and APPROVED.

Arising from item 12.1 of the Minute, the Clerk reported that the annual fee had now been paid by the Altnacealgach Inn and therefore the Hearing was discharged.

Arising from item 12.2 of the Minute, the Clerk requested that consideration of the review in respect of the Waterfront Nightclub and Restaurant be deferred until the next meeting of the Board on 17 June 2014, pending the outcome of court proceedings.

The Board NOTED the position in regard to the Altnacealgach Inn, and AGREED to defer consideration of the review in respect of the Waterfront Nightclub and Restaurant until the next meeting of the Board on 17 June 2014.  

4.      Licensing (Scotland) Act 2005
Licences Granted Under Delegated Powers
Achd Ceadachd (Alba) 2005    
Ceadachdan a bhuilicheadh fo Ùghdarras air a Thiomnadh         

There had been circulated Report No HLB/054/14 by the Clerk detailing the licences which had been granted under delegated powers during the period 19 March 2014 to 29 April 2014 and inviting the Board to note the Report.

The Board NOTED the Report.

5.    Licensing (Scotland) Act 2005
Occasional Licences and Extended Hours Granted Under Delegated Powers
Achd Ceadachd (Alba) 2005
Ceadachdan Corra-uair agus Uairean Sìnte a bhuilicheadh fo Ùghdarras air a Thiomnadh

There had been circulated Report No HLB/055/14 by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 19 March 2014 to 29 April 2014 and inviting the Board to note the Report.

The Board NOTED the report.

6.        Licensing (Scotland) Act 2005     
Application for New Premises Licences    
Achd Ceadachd (Alba) 2005
Iarrtasan airson Cheadachan Thogalaichean Ura    

6.1 Ref: HC/RSL/1701 
Applicant: Sutherland Inn Hotel Limited per MacPhee and Partners, Airds House, An Aird, Fort William
Premises: Detached Garage/Store, Kinchellie Croft, Roy Bridge
Type: Off Sales.

There had been circulated Report No HLB/056/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

6.2 Ref: HC/CSER/1700  
Applicant: Dr Christopher Duckham
Premises: Cote Du Nord, c/o The Schoolhouse, Kirtomy, Bettyhill
Type: On Sales

There had been circulated Report No HLB/057/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and special condition detailed at paragraph 6.3 of the Report.

7.    Licensing (Scotland) Act 2005     
Applications for Provisional Premises Licences    
Achd Ceadachd (Alba) 2005
Iarrtasan airson Ceadachdan Thogalaichean le Cumha

7.1 Ref: HC/INBS/562
Applicant: Richard Sharp, 14 Couthally Terrace, Carnwath
Premises: Harleys Cocktail and Grill Bar, 19 Leopold Street, Nairn
Type: On Sales

There had been circulated Report No HLB/058/14 by the Clerk which advised that a letter of objection had been received from Mr I Bain in response to the application, a copy of which was attached as Appendix 1. The Report invited the Board to determine the application.

Mr R Sharp, Applicant, spoke in support of his application during which he advised that the premises had previously held a liquor licence under different ownership and that the application sought to bring the premises back into use using a different method of operation than in the past. In response to the concerns expressed by the Objector, Mr I Bain, in regard to potential noise nuisance and disturbance, he advised that the front of the premises would be operated as a restaurant and only background music would be played in this area which would be inaudible from outside the premises and from Mr Bain’s property. The windows to the front of the premises would also be kept shut to mitigate against any noise impacts.  In regard to the function bar located to the rear of the premises he advised that this area benefited from sound proofing and accordingly there should be no issues with noise nuisance.

In response to questions from Members, Mr Sharp outlined his proposals for managing the outdoor smoking area which included placing ashtrays in the appropriate positions, erecting signs directing patrons to remain in the smoking area, and also by ensuring that staff on the premises also directed patrons to the designated area. He explained that the smoking area was located on King Street, and therefore was not in close proximity to Mr Bain’s property. He explained that due to a stay in hospital he had not yet had the opportunity to complete and return the noise self-assessment.

Thereafter, Mr I Bain, Objector, indicated that his property was located opposite the premises and that he had experienced considerable noise nuisance and disturbance at various periods in the past during the previous operation of the premises by different owners.  In regard to the measures outlined by the applicant to mitigate potential noise impacts and disturbance, he suggested that commercial pressures may result in the restaurant area to the front of the premises also being used as a bar/function area. He stated that social media promotions, albeit not connected to the Applicant, suggested that functions and parties would be held at the premises, and he noted that the first applications for temporary liquor licences at the premises had been made for events of this nature. He also suggested that other licensed premises in the locality, as part of their renovation works, had been required to undertake specific works to address noise impacts including the provision of an appropriate smoking area, and he expressed concern that similar standards should be maintained in respect of this application.

During discussion, the Chair suggested that the application be deferred pending the submission of the noise self-assessment, and more detailed information on how the applicant intended to manage the outdoor smoking area. A number of Members agreed that this would be an appropriate way forward, particularly given the fact that the next meeting would be held in four weeks time which would allow the Board to determine the application with full information, without causing undue delay.

A contrary view was expressed that it would be appropriate for the Clerk to be provided with delegated powers to approve the application subject to the receipt of a satisfactory noise self-assessment and management plan for the smoking area or to attach appropriate conditions to the grant of the licence in this regard, if required.

The Clerk cautioned that it would not be appropriate for officials to be granted delegated powers to determine the conditions to be attached to the grant of the licence. He advised that these were matters for the Board to determine once full information had been received from the Applicant.

The Chair seconded by Mr J Stone moved that the application be deferred to the next meeting on 17 June 2014 to allow the Applicant to produce a Noise Assessment and proposals for the management of noise including use of the outdoor smoking area.

Mr A Duffy seconded by Mr W Mackay moved as an amendment that the application be granted under delegated powers, the exact wording of conditions to be confirmed in consultation with the Clerk.  However on being advised by the Clerk in regard to the competency of any such amendment, Mr A Duffy with the agreement of Mr W Mackay, withdrew his amendment.

Thereafter, the Board AGREED to defer consideration of the application to the meeting of the Board on 17 June 2014 to allow the Applicant to produce a Noise Assessment and submit proposals for the management of noise including use of the outdoor smoking area.

Mr A Duffy and Mr W Mackay requested that their dissent from this decision be recorded.

7.2 Ref: HC/RSL/1699
Applicant: Amanda Jane Lastdrager, The Old Schoolhouse, Lower Diabig, by Achnasheen, Wester Ross  
Premises: Gille Brighde Café and Restaurant, The Old Schoolhouse, Lower Diabig, by Achnasheen, Wester Ross   
Type: On and Off Sales

There had been circulated Report No HLB/059/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, and the local conditions, late opening conditions and special local condition detailed at paragraph 6 of the Report.

8.  Licensing (Scotland) Act 2005
Applications for variation (major) to Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

8.1 Ref: HC/INBS/165
Applicant: Glen Mhor Limited, 21 St Thomas Street, Bristol per Emmanuel Moine
Premises: Glen Mhor Hotel, 8-17 Ness Bank, Inverness
Type: On Sales

There had been circulated Report No HLB/060/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the local conditions detailed at paragraph 7.2 of the Report.

8.2 Ref: HC/INBS/145
Applicant: Tesco Stores Limited, Tesco House, Delamare Road, Cheshunt, Hertfordshire per Hill Brown Licensing, 3 Newton Place Glasgow
Premises: Tesco Extra, 1A Eastfield Way, Inverness Business and Retail Park, Inverness
Type: On Sales

There had been circulated Report No HLB/061/14 by the Clerk inviting the Board to determine the application.

The Clerk explained that the applicant had requested that the application be deferred to allow the franchisee who would be operating the restaurant/café element to lodge an application for a provisional premises licence.

The Board AGREED to defer consideration of the application to the next meeting of the Board on 17 June 2014.

8.3  Ref: HC/RSL/0435
Applicant: Co-operative Group Food Ltd
Premises:  Co-operative Group Food Ltd, Station Road, Mallaig
Type: Off Sales

There had been circulated Report No HLB/062/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions .

8.4  Ref: HC/RSL/0304
Applicant: R and L Comfort, Station Hotel, Bridge Street, Avoch
Premises: Station Hotel, Bridge Street, Avoch
Type: On and Off Sales

There had been circulated Report No HLB/063/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the local conditions detailed at paragraph 7.2 of the Report.

8.5  Ref: HC/RSL/0101
Applicant: Partnership of John Grant and Joanna Munro
Premises: The Frigate, Shore Street, Ullapool
Type: On and Off Sales

There had been circulated Report No HLB/064/14 by the Clerk which advised that a letter of representation had been received from Police Scotland commenting  that the application was outwith the Board’s policy hours. The Report invited the Board to determine the application.

The Clerk explained that the application sought to commence on sales at 0900hrs and maintain the existing terminal hour of 0100hrs the following day, Monday to Saturday. This represented a continuous period of 16 hours which he advised was outwith the Board’s recently adopted policy on permitted hours. He also advised that a letter in support of the application had been received from the Applicant, copies of which he circulated to the Board.

Mr J Grant, Applicant, advised that the application had been submitted in response to demand from increasing numbers of passengers from cruise ships who arrived in the morning, and also tourists, ferry travellers, and those people working shifts at Ullapool Harbour. Mr Grant suggested that granting the application would allow for the natural extension of his business and contribute towards its continued economic viability.

During discussion on this item, a number of Members suggested that the application should be approved as submitted in view of the changing nature of customer demand in Ullapool, particularly from cruise ships. A contrary view was expressed that the application for on sales was outwith the Board’s recently adopted policy on permitted hours and that it had not been demonstrated that there were sufficient grounds to depart from that Policy.

The Clerk clarified that it was for the Applicant to determine whether he wished to amend that part of the application relating to on-sales to comply with the Board’s policy hours or whether he would wish the Board to determine the application as submitted. He explained that under the provisions of the Licensing (Scotland) Act 2005, the Board had to grant or refuse  the application as submitted unless the Applicant proposed an amendment.

Following consideration of the matter, Mr J Grant advised that while the application had been submitted in response to customer demand and that he did not consider the Board’s policy hours suited the circumstances of all licensed premises, he was content to amend the application to remove that part relating to on-sales commencing at 0900hrs.

Thereafter, the Board AGREED to grant the amended application (the removal of variation 1, on-sales to commence at 0900hrs) subject to the mandatory conditions and the local and late opening conditions detailed in paragraph 7 of the Report but not conditions f (1) and f (2).

8.6  Ref: HC/RSL/1304
Applicant: William M Park
Premises: Castle Moil Restaurant, Kyleakin, Isle of Skye
Type: On and Off Sales

There had been circulated Report No HLB/065/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

8.7  Ref: HC/CSER/0287
Applicant: Stephen Collie
Premises: Drumbeg Stores, Drumbeg, Sutherland
Type:  Off Sales

There had been circulated Report No HLB/066/14 by the Clerk advising that an objection had been received in response to the application by Mr and Mrs Robin Dalton, Drumbeg Hotel, Drumbeg, a copy of which was attached at Appendix 1.  The Report invited the Board to determine the application.

The Clerk advised that a late letter of objection in response to the application had been received from Mrs C Hammond, Glencourse, 334 Drumbeg who in the course of the letter explained that her objection had been late due to the fact that she had been receiving medical attention in London. Mr S Collie confirmed that he was content for the late letter of objection from Mrs Hammond to be considered by the Board.

The Board AGREED to accept the late letter of objection received from Mrs C Hammond, copies of which were then circulated to the Board and the Applicant.

Mr S Collie, Applicant, explained that Mrs Hammond’s property was located immediately next door to Drumbeg Stores. He observed that Mrs Hammond was only resident in the property for 3/4 weeks each year, and that the property was let out as a holiday home for part of the remainder of the year.

In response to Mrs Hammond’s specific objections on the grounds of the impact on her privacy and potential noise nuisance, Mr Collie reported that he undertaken measures to as far as possible screen his premises from the neighbouring property. He advised that these works had been carried out in response to concerns expressed by the previous owners of the property and prior to Mr Hammond purchasing the house. Mr Collie advised that he had operated Drumbeg Stores for five years and during that time there had been no issues with noise, disturbance or public order connected to the premises.   

He indicated that given the modest size of the premises, the internal and external decking area of the store could be monitored at all times by him or his partner from the till to ensure there was no noise or disturbance arising from the operation of the Store.

Mr Collie continued that in response to the objection received from Mr Dalton, of the Drumbeg Hotel on the grounds of overprovision, he observed that the Clerk had confirmed in his Report that the application for extended hours and increased capacity did not conflict with the Board’s policy on overprovision.

In response to questions from Members, Mr Collie reported that he did not envisage that the tables on the decking area would be regularly or well used by customers particularly in the evenings, referring to its exposed location and limited capacity, and he outlined the measures he had undertaken to screen this area from the neighbouring property.  He also circulated the Board with photographs of the premises and the outside decking area relative to the Mrs Hammond’s property.

Thereafter, Mr R Dalton, Drumbeg Hotel, spoke in support of his objection, and advised that Mr Collie had confirmed that he did not intend to open beyond 6pm other than on request, and he therefore questioned why the application sought opening hours to 10pm.  He reported that his Hotel currently benefited from off sales trade which would often result in customers staying to enjoy a drink or returning for a meal at his premises.  He also commented that the provision of a decking and seating area outside Drumbeg Stores effectively offered customers an on sales facility. He therefore expressed concern that granting an off sales licence to Drumbeg Stores would result in overprovision in the locality, and therefore have a detrimental impact on his business.

In response to questions from Members, the Clerk explained that the application for off sales related to the physical building and not the outside decking and seating area.  The Board could therefore not impose conditions on any licence in regard to consumption of alcohol in the decking and benched area as it did not form part of the licensed premises. He clarified that off sales purchased from the Store, which were required to be sold in a sealed container, could be consumed anywhere off the licensed premises, other than where legal restrictions prohibited the consumption of alcohol in public areas.  

The Licensing Standards Officer observed that Mr Collie currently had notices in place at the premises discouraging customers from consuming alcohol at the tables outside the Store.

During discussion in regard to the use of the tables on the decking area, and in response to questions from Members, Mr Collie confirmed that he was willing on a voluntary basis to discourage the use of the decking area and the benches in the evening.  

Thereafter, the Board AGREED to grant the application subject to the mandatory conditions, and NOTED that the Applicant had volunteered to discourage the use of the decking area and the benches in the evening.

8.8  Ref: HC/CSER/0837
Applicant: LDH Hotels Limited, per Brodies LLp, 15 Atholl Crescent, Edinburgh
Premises: Tongue Hotel, Tongue
Type: On and Off Sales

There had been circulated Report No HLB/067/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to:

• the mandatory conditions;
• the existing local conditions (a), (b), (c) and (j) continuing to apply;
• the local and late opening conditions detailed in paragraph 7 of the Report.
  

9.     The Gambling Act 2005
Achd na Cearrachd 2005

9.1 Variation Application: Licensed Premises Gaming Machine Permit

Premises:  Ben Nevis Bar, 103 High Street, Fort William
Applicant: Orchid Pubs and Dining Ltd, per Gamestec Leisure Ltd, Unit B12 Wira House, Ring Road, Leeds

There had been circulated Report No HLB/053/14 by the Clerk concerning an application for a total of 4 Category C machines in the above  licensed premises.

The Board AGREED to grant the application.

The meeting ended at 2.30pm.