Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 17 June 2014 at 1.35pm.

Business

Present:

Dr I Cockburn
Mr C Fraser
Mr R Greene
Mr A Henderson
Mrs L Macdonald
Mrs G Sinclair
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:

Item 9.1:   Mr R Sharp, Applicant
Item 9.2:   Mrs L Murray, Solicitor for the Applicant
Item 9.3:   Ms C Murray, for the Applicant
Item 10.1: Mrs L Murray, Solicitor for the Applicant
Item 10.2: Mr S Maclean, for the Applicant
Item 10.3: Mr A Gray, for the Applicant and Mrs L Murray, Solicitor for the Applicant
Item 10.4: Ms C Fraser, for the Applicant
Item 10.5: Mr S Shearer, for the Applicant

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 Mr W Mackay.

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 13 May 2014.

The minute was held as read and APPROVED.

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/069/14 by the Clerk detailing the licences which had been granted under delegated powers during the period 30 April 2014 to 3 June 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/070/14 by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 30 April 2014 to 3 June 2014 and inviting the Board to note the Report.

The Board NOTED the report.

6.  Guidance Notes on Hearings before the Highland Licensing Board
Nòta Stiùiridh mu Èisteachdan ro Bhòrd Cheadachd na Gàidhealtachd

There had been circulated Report No HLB/071/14 by the Clerk which invited the Board to note and approve for publication the Guidance Note on Hearings and (1) the Information Notes on Notices of Determination & Statements of Reasons, (2) Rights of Appeal and (3) Notices of Decision and Rights of Appeal in terms of the Gambling Act 2005, all of which were appended to the Report.

The Board NOTED and APPROVED for publication the Guidance Note on Hearings and the three Information Notes attached.

7.  Licensing (Scotland) Act 2005
Guidelines for the Grant of Extended Hours during Major Events in Ullapool
Achd Ceadachd (Alba) 2005
Stiùiridhean airson Uairean Leudaichte a bhuileachadh rè Tachartasan Mòra ann an Ullapul

There had been circulated Report No HLB/072/14 by the Clerk which invited the Board to consider whether to promote guidelines in relation to extended licensing hours for the 2014 Loopallu music festival and fringe events.

The Board APPROVED:

i. The following guidelines for applications for extended hours under section 68:

Friday 11 July and Saturday 12 July: until 0200 the following day;
Friday 26 September and Saturday 27 September: until 0200 the following day; and

ii. the mandatory and special conditions detailed in paragraph 3 of the Report to apply

8.  Licensing (Scotland) Act 2005
Application for New Premises Licences
Achd Ceadachd (Alba) 2005
Larrtas airson Cheadachdan Thogalaichean Ura

8.1 Ref: HC/RSL/1704
Applicant: The Steading Bistro Ltd, Achtercairn, Gairloch
Premises: The Steading Bistro, Achtercairn, Gairloch
Type: On Sales.

There had been circulated Report No HLB/073/14 by the Clerk which invited the Board to determine the application.

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

8.2 Ref: HC/ RSL/1704
Applicant: SYHA (Trading) Ltd, per Lindsay’s Solicitors, 1 Royal Bank Place, Buchanan Street, Glasgow
Premises: Broadford Youth Hostel, Broadford, Isle of Skye
Type: On and Off Sales

There had been circulated Report No HLB/074/14 by the Clerk which invited the Board to determine the application.

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

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

9.1 Ref: HC/INBS/562
Applicant: Mr Richard Sharp, 14 Couthally Terrace, Carnwarth
Premises: Harley’s Cocktail and Grill Bar, 19 Leopold Street, Nairn
Type: On Sales

There had been circulated Report No HLB/075/14 by the Clerk which advised that the Applicant had submitted a noise management plan, a copy of which was attached as Appendix 1 to the Report. A letter of objection had been received from Mr I Bain in response to the application, a copy of which was attached as Appendix 2. The Report invited the Board to determine the application.

The Clerk advised that following the deferral of the application by the Board on 13 May 2014, the Applicant had submitted a noise management plan covering the use of the smoking area on King Street and also the control of the volume of music inside the Premises.  He also advised that notification had been received from the Objector, Mr I Bain, that he wished to withdraw his objection and therefore would not be present at the meeting.

The Board then heard from Mr R Sharp, Applicant, who advised that he had submitted the noise management plan as requested by the Board in response to which there had been no issues arising, and that the Premises had commenced trading under an occasional licence over the weekend with no complaints having been received.

The Licensing Standards Officer explained that noise checks had been carried out in the restaurant and public bar areas of the Premises and confirmed that no external noise could be detected outside the premises when music had been played to a level reflective of what would be played for customers’ benefit.  He advised that sound proofing of the premises had been undertaken as part of the modernisation of the premises.  He was therefore content that if the Applicant complied with the noise management plan, as submitted, there should be no issues arising in regard to noise nuisance.

The Board AGREED to grant the application subject to the mandatory,  local and specific conditions detailed at paragraphs 6 and 7 of the Report.

9.2 Ref: HC/INBS/563
Applicant: Tyree Investments Ltd, 33 Dunfermline Business Centre, Izatt Avenue, Dunfermline per Lorna Murray, 45 Culduthel Road, Inverness 
Premises: No. 7 The Square, Grantown on Spey
Type: On Sales

There had been circulated Report No HLB/076/14 by the Clerk inviting the Board to determine the application.

Having heard from Mrs Lorna Murray for the Applicant, the Board AGREED to grant the application subject to the mandatory and specific conditions detailed at paragraphs 6 and 7 of the Report.

9.3 Ref: HC/CSER/308
Applicant: Dunnett Bay Distillers Ltd 
Premises: Dunnet Bay Distillers Ltd, Dunnett, Thurso
Type: On and Off Sales

There had been circulated Report No HLB/077/14 by the Clerk inviting the Board to determine the application.

Having heard from Ms C Murray on behalf of the Applicant, the Board AGREED to grant the application subject to the mandatory conditions.

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

10.1 Ref: HC/INBS/308
Applicant: Caterleisure Services Limited, 197-199 Main Street, Wilsden, Bardford, Yorkshire per Lindsays Edin,  Caledonian Exchange, 19a Canning Street, Edinburgh
Premises: Berties Bar, Inverness Railway Station, Academy Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB/078/14 by the Clerk inviting the Board to determine the application.

Having heard from Mrs L Murray for the Applicant, the Board AGREED to grant the application subject to the mandatory and local conditions detailed at paragraph 7 of the Report.

10.2 Ref: HC/INBS/383
Applicant: Greene King Brewing and Retailing Ltd. c/o Belhaven Pubs, Atrium House, 6 Back Walk, Stirling
Premises: The Exchange, 38-40 Academy Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB/079/14 by the Clerk inviting the Board to determine the application.

Having heard from Mr S MacLean for the Applicant, the Board AGREED to grant the application subject to the mandatory and local conditions detailed at paragraph 7 of the Report.

10.3  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/080/14 by the Clerk inviting the Board to determine the application.

Having heard from Mrs L Murray for the Applicant, the Board AGREED to grant the application subject to the mandatory conditions.

10.4  Ref: HC/CSER/0857
Applicant: Diageo Scotland Ltd, 5 Lochside Way, Edinburgh Park, Edinburgh
Premises: Clynelish Distillery, Brora
Type: On and off Sales

There had been circulated Report No HLB/081/14 by the Clerk which advised that a representation had been received from the Council’s Building Standards Team Leader, a copy of which was attached as Appendix 1. The Report invited the Board to determine the application.

The Clerk advised that the Building Standards Service had confirmed that the Applicant had applied for a building warrant and it was anticipated this matter would be resolved in the near future.

Having heard from Ms C Fraser for the Applicant, the Board AGREED to grant the application subject to the mandatory and special conditions detailed at paragraph 8 of the Report.

10.5  Ref: HC/CSER/0274
Applicant: The Firm of Commercial Bar
Premises:  Commercial Bar, 1 Princes Street, Thurso
Type:  On and Off Sales

There had been circulated Report No HLB/082/14 by the Clerk inviting the Board to determine the application.

Having heard from Mr S Shearer for the Applicant, the Board AGREED to grant the application subject to the mandatory, local and late opening conditions detailed at paragraph 7 of the Report.

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

11.1  Ref: HC/RSL/1695
Applicant: John H Fraser
Premises: The Bridge Café (former Little Chef Building), Spean Bridge
Type: On Sales

There had been circulated Report No HLB/083/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory and local conditions detailed at paragraph 6 of the Report.

12.  Licensing (Scotland) Act 2005, Section 38
Applications for Review Hearing of Premises Licences
Achd Cheadachd (Alba) 2005, Earrann 38 -
Iarrtasan airson Èisteachd Ath-bhreithneachail air Ceadachd Togalaich

12.1 Premises: The Waterfront Nightclub and Restaurant, 4 The Shore, Wick
Licence Holder: Robert J Sutherland

On hearing from the Clerk, the Board AGREED to defer consideration of the review in respect of The Waterfront Nightclub and Restaurant until the Board meeting on 12 August 2014.

13.  Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich

13.1 Premises: Carters Rest Guesthouse & Self Catering, 8/9 Upper Milovaig, Glendale, Isle of Skye
Licence Holder:  Stephen Carter

The Board NOTED that the above Premises Licence had been surrendered in terms of Section 28(5)(f).

The meeting ended at 1.50pm.