Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 12 August 2014 at 1.50pm.

Business

Present:

Dr I Cockburn, Mr A Duffy, Mr C Fraser, Mr A Henderson, Mrs L Macdonald, Mr W Mackay, Ms M Smith and 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 9.2: Mr Felber and Ms F Dorham, Applicants
Item 9.2: Mr N Hassard, Solicitor for Applicant, and Mrs S Winters, Objector
Item 9.3: Mr B Graham, Applicant
Item 10.1: Mrs L Murray, Solicitor for the Applicant
Item 11.1: Mrs L Murray, Solicitor for the Applicant
Item 11.3: Mr P Moore and Mr M Leith, Applicants
Item 11.3: Mrs L Murray, Solicitor for the Applicant
Item 11.5: Mrs L Murray, Solicitor for the Applicant
Item 11.6: Mrs L Murray, Solicitor for the Applicant
Item 11.7: Mrs L Murray, Solicitor for the Applicant
Item 11.11: Mrs L Murray, Solicitor for the Applicant
Item 13.1: Ms S Faircliff, Applicant and Mrs L Murray, Solicitor for the Applicant
Item 16.1: Mr P Marshall, 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 Mr R Greene. 

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 17 June 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/084/14 by the Clerk detailing the licences which had been granted under delegated powers during the period 4 June 2014 to 29 July 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/085/14 by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 4 June 2014 to 29 July 2014 and inviting the Board to note the Report.

The Board NOTED the report.

6.  Application and Annual Fees 
Iarrtas agus Cosgaisean Bliadhnail

There had been circulated Report No HLB/086/14 by the Clerk which advised that fees were prescribed by the Licensing (Scotland) Act 2005 but that the Act empowered the Board to set its own fees for transfers, temporary premises licence and major variation applications. In conjunction with the Finance Service a detailed analysis of the costs of administering the licensing system had been carried out. This analysis showed that there was no need to increase the fees for financial year 2014/15.

The Committee AGREED not to increase the fees.

7. Personal Licence Holder Refresher Training 
Trèanadh Ùrachaidh do Luchd-ceadaichte Phearsanta

There had been circulated Report No HLB/087/14 by the Clerk which updated the Board with regard to the requirement for Personal Licence Holders to undergo refresher training and recommended that the Clerk be granted delegated powers to issue revocations where such training had not been undertaken and to refuse applications for new Personal Licences where the Personal Licence has been revoked.

The Clerk advised that the majority of Personal Licences had been issued with effect from 1 September 2009 and that anyone holding a Personal Licence from that date required to complete their refresher training by 31 August 2014 as part of the renewal of their licence. In this regard he reported that a total of 1559 Licence Holders required to complete their refresher training by the end of August 2014. Of that number to date only 688 licence holders had produced evidence to this effect. This was despite the action taken to write to all personal licence holders, the issue of a press release, publication of a notice on the website and advice given by the Licensing Standards Officer as part of their regular visits to premises.

He advised that in terms of Section 87 of the Licensing (Scotland) Act 2005 if a Personal Licence Holder had not undertaken refresher training and provided the relevant notification of this within three months of the due date for completion of refresher training, then the Board must revoke the licence. This was mandatory and allowed for no discretion on the Board’s part. There was also no right to a hearing or to appeal against the revocation. He advised that of considerable concern was that Personal Licence holders would have moved address without notifying the Board as was their statutory obligation.

The Clerk therefore suggested that a further press release be issued to remind Personal Licence holders of the requirement to complete their refresher training by the end of August 2014.

The Chair referred to the serious consequences associated with revocation of personal licences explaining that it could result in premises not being permitted to sell alcohol. She therefore welcomed the suggestion that a press release be issued to reach as wide an audience as possible.

Members also expressed concern at the capacity of trainers to deliver the training required for such a large number of licence holders by 31 August 2014.

In response to a question the Clerk confirmed that currently if a personal licence was revoked the licence holder could not reapply for five years. He explained that there were proposals to change this in the Air Weapons and Licensing (Scotland) Bill.

The Committee AGREED to:-

i.  note the position with regard to Personal Licence holders and the requirement to undertake refresher training; and

ii.  grant delegated powers to the Clerk to (i) revoke a Personal Licence in terms of section 87(3) of the Licensing (Scotland) Act 2005; and (ii) refuse an application in terms of section 74(4) of the Licensing (Scotland) Act 2005.

8.  Air Weapons and Licensing (Scotland) Bill
Bile nan Gunnaichean-adhair's a' Cheadachaidh (Alba)

There had been circulated Report No HLB/088/14 by the Clerk advising the Board of the Air Weapons and Licensing (Scotland) Bill and asking the Board if it wished to respond to the call for evidence from the Scottish Government. The purpose of the Bill was to protect public safety by creating a new licensing regime for air weapons to be administered by Police Scotland and to improve aspects of locally led alcohol and civic government licensing in order to preserve public order and safety, reduce crime, and to advance public health. The Report set out the proposed response to the call for evidence as set out at Appendix 1. 

Thereafter, the Depute Clerk described in detail the process the Council would require to follow in the event it decided to introduce the licensing of sexual entertainment venues under Section III of the Civic Government (Scotland) Act 1982. This included the passing of a resolution to that effect. The Board would also be required to determine and publish the appropriate number of venues in its locality, noting that the Council could determine that the appropriate number was nil. She advised that once the appropriate number of venues had been defined and published this could be used as a ground for refusal.

She also outlined the likely impact of the Bill on existing venues licensed under the Licensing (Scotland) Act 2005 which included adult entertainment in their operating plan. She indicated that if the adult entertainment provided came within the definition of sexual entertainment then a licence would be required. The Licensing Authority could also refuse a sexual entertainment licence for premises notwithstanding that its alcohol licence included adult entertainment within its operating plan.

She further outlined the proposed exceptions to the licensing regime which included a sex shop, such other premises as specified by Scottish Ministers, and premises offering sexual entertainment three or fewer times in a twelve month period.

The Depute Clerk also advised that there were a number of procedural points in the Bill in relation to which she wished to add in further queries at questions 52-54 of the suggested response attached at Appendix 1 to the report, subject to the prior approval of the Chair. These related to greater specification of some of the procedures for licensing sexual entertainment and the criteria the local authority should apply when defining the appropriate number of venues for its locality.

During discussion Members expressed concern at the proposal set out in the Bill that premises offering sexual entertainment three or fewer times in a 12 month period should be exempt from the licensing regime. The Chair advised that Members’ concerns on this matter had been reflected in the call for evidence as set out in Appendix 1 to the report.

The Committee AGREED to respond to the call for evidence with the responses suggested in the Report and additional procedural points to be added at Questions 52-54 (to be approved by the Chair prior to submission).

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

9.1 Ref: HC/RSL/1709
Applicant: Graham J McMenemy
Premises: Ben View Hotel, Strontian
Type: On and Off Sales.

There had been circulated Report No HLB/089/14 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 in paragraph 6.2 of the Report.

9.2 Ref: HC/ RSL/1708
Applicant: SYHA (Trading) Ltd, per Lindsay’s Solicitors, 1 Royal Bank Place, Buchanan Street, Glasgow
Premises: Glenbrittle Youth Hostel, Glenbrittle, Isle of Skye
Type: On and Off Sales

There had been circulated Report No HLB/090/14 by the Clerk in connection with the application and advising that eight timeous notices of objection had been received in response to the application, copies of which were attached to the Report.

The Clerk circulated copies of an additional timeous objection which had been received from Mrs E Johnstone, and a late objection received from Ms J Brown.

Mr N Hassard for the Applicant, spoke in support of the application during which he advised that:-

•  he acknowledged that over the last few years the number of visitors to Glenbrittle had increased, and consequently this had resulted in an increase in traffic and footfall. However visitors were coming to the area to see visitor attractions such as the Fairy Pools, which had been listed on Tripadvisor as one of the top three attractions on Skye. Therefore that the increase in visitor numbers was unrelated to the Youth Hostel. Additionally the premises had also been recently been refurbished and as a result of this the capacity of the Hostel had been reduced from 35 to 26 beds;
• the range and stock of alcohol available at the Youth Hostel would be extremely limited, and would comprise a small selection of locally brewed beers, and a limited selection of cider and wine. The alcohol would be stored in a locked fridge located behind the reception desk. In this regard a number of photographs were circulated to the Board
• showing the type of fridge which would be used to store the alcohol and the range and stock of alcohol that was typically available at SYHA’s other licensed youth hostels;
• there was no desire to turn Glenbrittle Youth Hostel into a pub, fully fledged shop, an off sales or anything else of that type. The essence of the Hostel would not change, and the provision of alcohol would be wholly ancillary to its primary purpose of providing comfortable secure accommodation for those wishing to enjoy the outdoors and who may wish to enjoy a drink with their evening meal.
• that visitors to the area would not divert from their normal course to use the Youth Hostel as a pub;
• that ‘bring your own bottle’ had been allowed in SYHA premises for over a decade and over that time there had not been a single incident related to the consumption of alcohol at the premises due to stringent house rules and management controls. The grant of an alcohol licence would also regulate the whole environment to a greater extent than with BYOB;
• in regard to the licence application, SYHA house rules stated that alcohol would only be sold for consumption on the premises to residents and guests of residents. Alcohol sales would by and large commence at 5pm and cease at 10.30pm, this being the time the reception desk would be staffed and off sales would be available from 5pm to 10pm. The house rules also prohibited any stag or similar parties from booking the premises;
• the application had been submitted for longer hours than would be likely to be used. This was intended to build in some flexibility for the occasional event that may arise such as a booking for a number of people at Hogmanay;
• in regard to the off sales element, the limited range and pricing of the alcohol did not compete with the major supermarkets, and therefore visitors would not be stocking up on alcohol bought at the Youth Hostel;
• In regard to a point raised by the objector in regard to overprovision, there were no premises of a same or a similar nature within the locality, the nearest licensed premises being seven miles away from the Youth Hostel;
• that the diligent management supervision and management control practices that the SYHA had implemented over the last ten years and which had been initiated in respect of its other licensed premises would ensure that the Youth Hostel remained a safe and secure environment;
• that all the glass recycling currently required under BYOB was carried out by the Youth Hostel at their own time and cost. This arrangement would continue for any on and off sales at the premises;
• that the general effect of the Abolition of Feudal Tenure Act 2002 and the Title Condition (Scotland) Act 2003 was to abolish feudal burdens. It was further suggested that issues around feudal burdens were not relevant to the Board’s determination of the application; and
• that the Youth Hostel had hosted an open day on 20 July 2014 which had been advertised on local noticeboards and in the local press. In response no members of the public had taken the opportunity to visit the premises and discuss their concerns in regard to the proposed mode of operation.

Following his submission, Mr Hassard responded to a number of questions from the Objector and from Members during which he confirmed that the photos which had been circulated were indicative of the type and size of fridge that would be used to store the alcohol and that there was a unisex toilet within the premises that was available for public use. He explained that in accordance with the SYHA’s house rules alcohol sales would commence at 5pm until 10pm and that there would be no sale of alcohol during the day. He advised that the application had been submitted in wider terms due to cost and to cater for the occasional event such as Hogmanay that may arise as he had explained in his submission.

The Board then heard from the Objector, Mrs S Winter, who advised that Glenbrittle was a special and unique rural remote community and an area which offered serious challenges in mountaineering terms. She had been visiting the area since 1973 and was a former Member of the management committee of the Glenbrittle Memorial Hut. She therefore knew the area well and submitted that it was not acceptable or appropriate to have any licensed premises in Glenbrittle for the following reasons:-

• that a single track road was the only route into Glenbrittle. The Fairy Pools were marketed well and already this year there had been a significant number of vehicles parked along the road in that area all of which would require to travel into Glenbrittle to turn. The two car parks in Glenbrittle were also usually full and she suggested that visitors would be likely to go to the Youth Hostel and have a drink if they knew it was available there;
• that the pricing of the alcohol at the Youth Hostel would not discourage people who had travelled to Glenbrittle from purchasing alcohol at the premises;
• that should an accident occur there was no mobile phone reception in Glenbrittle. There were two landlines available but these were often out of order due to overuse;
• that visitors returned to the campsite and the Glenbrittle mountain hut year after year to enjoy the activities the area provided such as walking, climbing, sailing and cycling. They returned to appreciate the quiet remoteness and technical/physical seriousness of the mountaineering on offer, and not to be in an area where they could readily access alcohol;
• the road system from Carbost to Glenbrittle was not adequate for the traffic which the grant of the licence would generate. Delivery lorries and the local ambulance already found it a challenge to in turning around in Glenbrittle; and
• the marketing of the Munros in the area had resulted in increased numbers and it was suggested that the use of the Youth Hostel to purchase alcohol to celebrate their ascents would become normal practice if they were aware licensed premises were available; 

There being no questions from Members at this point, Mr Hassard and Mrs Winter summed up on their applications. Mr Hassard noted that there was a public telephone available at the Youth Hostel. There had been no objections from any of the statutory consultees which had included Police Scotland and the Licensing Standards Officer. The application posed no threat to the licensing objectives and the relevant grounds of refusal did not apply in respect

of the application. The Youth Hostel had been located in Glenbrittle for a number of years with no issues arising and he commended the application to the Board.

Mrs Winter queried whether any of the other areas where the SYHA held alcohol licences were like Glenbrittle. She suggested that Glenbrittle was very different for the reasons she had stated in her objection. 

Thereafter and during further discussion Members raised the following points;

• that the Licensing Standards Officer had indicated in his report that there did not appear to any matters contained within the application inconsistent with the licensing objectives, and that the application should therefore be approved;
• that the measures which the Applicant would put in place in regard to the sale of alcohol would ensure that the application complied with the licensing objectives;
• it was disappointing that the local community council in their response had not detailed their objections to the application;
• that the Youth Hostel had operated in the area for a number of years and it was not anticipated that granting the licence would cause any problems;
• a query in why the SYHA were applying to have their youth hostels licensed when there had previously been no restrictions in terms of the alcohol consumed under BYOB; and
• while there was some sympathy with the objector’s views on the special nature of this area the application did not contravene the five licensing objectives and was within policy. It should therefore should be granted subject to the relevant conditions 

The Board AGREED to grant the application subject to the mandatory, local and special conditions detailed in paragraph 6.0 of the Report.

9.3 Ref: HC/CSER/1710
Applicant: Bruce K Graham
Premises: Café Sixty Six Ltd, 66 High Street, Alness
Type: On Sales

There had been circulated Report No HLB/091/14 by the Clerk inviting the Board to determine the application.

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

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

10.1 Ref: HC/INBS/564
Applicant: Paul Giles Richard Sandiford, 24 Dulaig Court, Grantown on Spey, per Lorna Murray, 45 Culduthel Road, Inverness
Premises: The Wee Puffin, 15 High Street, Grantown on Spey
Type: On Sales

There had been circulated Report No HLB/092/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the specific condition detailed in paragraph 6.1 of the Report.

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

11.1 Ref: HC/INBS/110
Applicant: JD Wetherspoon (Scot) Ltd. Reg. Address c/o Brunton Miller, 22 Herbert Street, Glasgow
Premises: The Kings Highway, 72-74 Church Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB/093/14 by the Clerk inviting the Board to determine the application.

Having heard from Mrs L Murray, the Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

11.2 Ref: HC/INBS/302
Applicant: The Nairn Golf Club, Seabank Road, Nairn
Premises: The Nairn Golf Club, Seabank Road, Nairn
Type: On and Off Sales

There had been circulated Report No HLB/094/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant subject to the mandatory and the existing local conditions with the change detailed in paragraph 7.2 of the Report.

11.3 Ref: HC/ INBS/507
Applicant: Peter Gerald Moore, Flat 2, 36 High Street, Nairn IV12 4AU, per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ
Premises: The Playhouse, Church Street, Nairn IV12 4AP
Type: On and Off Sales

There had been circulated Report No HLB-095-14 by the Clerk inviting the Board to determine the application.

Mrs L Murray for the Applicant, explained that it had been accepted in a previous application approved by the Board in November 2013, that the premises were a ‘hybrid’ premises which offered significant late evening entertainment. The premises were also fully compliant with the Board’s late opening conditions. She submitted therefore the application was in line with the Board’s policy for late opening premises. In regard to the representation received from the Planning Service, she noted that the planning condition relating to noise levels already applied to the current operation of the premises and that there had been no issues arising in this regard.

The Committee AGREED to to grant the application subject to the mandatory and the existing local conditions with the change detailed in paragraph 7.2 of the Report.

11.4 Ref: HC/INBS/418
Applicant: Cooperative Group Food Ltd, 1 Angel Square, Manchester, per Tho. J & W Barty, 61 High Street, Dunblane.
Premises: Cooperative Group Food Ltd, Shopping Centre, Keppoch Road, Culloden, Inverness IV2 7LL
Type: Off Sales

There had been circulated Report No HLB-096-14 by the Clerk inviting the Board to determine the application.

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

11.5 Ref: HC/INBS/323
Applicant: Stonegate Pub Company Ltd, c/o Codan Trust Company (Cayman)Ltd, 2681, Cricket Square, Grand Cayman, Cayman Islands, KY1 1111 per Hill Brown Licensing, 3 Newton Place, Glasgow.
Premises: The Caledonian, 9-11 High Street, Inverness IV1 1HY
Type: On and Off Sales

There had been circulated Report No HLB-097-14 by the Clerk inviting the Board to determine the application.

Having heard from Mrs L Murray for the Applicant, the Committee AGREED to to grant the application subject to the mandatory and existing local conditions.

11.6 Ref: HC/INBS/217
Applicant: Upland Properties Limited, per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ
Premises: Tidal Bay (formerly Pancho’s) Myrtlefield House, Grampian Road, Aviemore PH22 1RH
Type: On Sales

There had been circulated Report No HLB-098-14 by the Clerk inviting the Board to determine the application.

Having heard from Mrs L Murray for the Applicant, the Committee AGREED to to grant the application subject to the mandatory and existing local conditions, with the change detailed at paragraph 7.2 of the report.

11.7 Ref: HC/RSL/1117
Applicant: Lidl UK GmbH
Premises: LIDL UK GmbH, Camanachd Crescent, Fort William, PH33 6XZ
Type: Off-Sale

There had been circulated Report No HLB-099-14 by the Clerk inviting the Board to determine the application.

Having heard from Mrs L Murray for the Applicant, the Committee AGREED to to grant the application subject to the mandatory and existing local conditions.

11.8 Ref: HC/RSL/0774
Applicant: Punch Partnership Limited per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises: Portree Hotel, Somerled Square, Portree, Isle of Skye, IV51 9EH
Type: On Sale and Off Sale

There had been circulated HLB-100-14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory and existing local conditions and the mandatory late opening and special conditions detailed in paragraph 7 of the Report.

11.9 Ref: HC/RSL/1410
Applicant: Punch Partnership Limited per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises: Isles Inn, Somerled Square, Portree, Isle of Skye, IV51 9EH
Type: On Sale and Off Sale

There had been circulated HLB-101-14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory and existing local conditions and the mandatory late opening and special conditions detailed in paragraph 7 of the Report.

11.10 Ref: HC/CSER/0276
Applicant: William Rose
Premises: Castle Arms Hotel, Mey, Caithness
Type: On and Off Sales

There had been circulated HLB-102-14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory and the existing local conditions with the change detailed in paragraph 7.2 of the Report.

11.11 Ref: HC/CSER/0912
Applicant: Graeme Robertson
Premises: Commercial Hotel, 23 High Street, Alness
Type: On and Off Sales

There had been circulated HLB-103-14 by the Clerk inviting the Board to determine the application.

Having heard from Mr G Robertson, Applicant, the Board AGREED to grant subject to the mandatory and existing local conditions.

11.12 Ref: HC/CSER/0798
Applicant: Lidl UK GmbH
Premises: Lidl UK GmbH, South Road, Wick
Type: Off-Sales

There had been circulated HLB-104-14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory and existing local conditions.

11.13 Ref: HC/CSER/0866
Applicant: Star Inn Tain Ltd
Premises: Star Inn, Market Street, Tain
Type: On and Off Sales

There had been circulated HLB-105-14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory and the local and late opening conditions detailed in paragraph 7 of the Report.

11.14 Ref: HC/CSER/1444
Applicant: Wick Golf Club
Premises: Wick Golf Club, Reiss Links, Wick
Type: On-Sales

There had been circulated HLB-106-14 by the Clerk inviting the Board to determine the application.

The Clerk advised that the Applicant had requested that the application be amended to extend on-sales hours on a Saturday to midnight instead of 0100 the following day, which would bring it within the 14 hour period in accordance with the Board’s policy.

The Board AGREED to grant (as amended to extend on-sales hours on a Saturday to midnight instead of 0100 the following day) subject to the mandatory conditions and the existing local conditions amended as detailed in paragraph 7 of the Report.

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

12.1 Ref: HC/RSL/1565
Applicant: John Mann
Premises: Corran Inn, Onich, Fort William, PH33 6SE
Type: On and Off Sale

There had been circulated HLB-107-14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant subject to the mandatory conditions.

13. Licensing (Scotland) Act 2005 Section 33 Transfer of Premises Licence

13.1 Premises: The Winking Owl, 123 Grampian Road, Aviemore PH22 1ST
Licence Holder: LT Pub Management plc, 31 Haverscroft Industrial Estate, New Road, Attleborough, NR17 1YE per Harper MacLeod LLP, 45 Gordon Street, Glasgow G1 3PE

There had been circulated Report No HLB-108-14 by the Clerk inviting the Board to determine the application.

Mrs L Murray, for the Applicant, advised that her clients were not yet in a position to progress the transfer of the licence pending the finalisation of their lease agreement and occupation of the premises. She therefore requested that if the Board were minded to approve the application that delegated powers be granted to the Clerk to issue the transfer when requested.

On hearing from the Clerk, the Board AGREED to approve the application in principle and to grant delegated powers to the Clerk to issue the transfer when requested.

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

14.1 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 7 October 2014.

15. The Licensing (Scotland) Act 2005 Section 44
Notice of Conviction
Achd Cheadachd (Alba) 2005, Earrann 44
Brath Dìtidh

15.1 Licence Holder: Martin McColl Limited
Premises: McColls, 12 High Street, Ardersier and McColls, 40 Culcabock Road, Inverness
Offences: Section 146 (1) and (7) (x2) and 147A of the Licensing Act 2003

The Clerk advised that the Licence holder has notified the Board of the above offences and Police Scotland had made no recommendation that the Licence should be varied, suspended or rescinded.

The Board AGREED to note the position and take no action.

16. Application for Personal Licence
Iarrtas airson Ceadachd Phearsanta

16.1 Applicant: Peter Jonathan Marshall

There had been circulated Report No HLB-109-14 by the Clerk which invited the Board to hold a hearing to determine an application for a Personal Licence under Section 72 of the Licensing (Scotland) Act 2005. The Report confirmed that Police Scotland had timeously intimated by letter dated 26 June 2014 that the Applicant had been convicted of a relevant offence which had not been declared but that they had no objections to the application. A copy of their letter was attached at Appendix 1 to the report.

The Clerk reported that a letter in support of the Applicant had been received from Mr Marshall’s employer, the terms of which he read out to the Board. He also advised that a covering note had been received from the Applicant’s agent explaining that there had been no intention on the part of the Applicant to fail to disclose the conviction to the Board.

Mr P Marshall spoke in support of his application during which he indicated that he had declared his conviction to both his employer and solicitor. However due to differences in the legal requirements with regard to spent convictions between England and Scotland his Solicitor had not declared the conviction. He also outlined the circumstances surrounding the conviction.

In discussion Members noted that Police Scotland had not objected to the application and therefore that the application should be granted.

The Board AGREED to grant the application.

17. Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich

17.1 Premises: Ben View Hotel, Strontian
Licence Holder: Joanne Frith

The Board NOTED that the above Premises Licence had been surrendered on 23 June 2014 in terms of Section 28(5)(f) of the Licensing (Scotland) Act 2005.

17.2 Premises: Lyn Leven Guest House, Ballachulish
Licence Holder: Priscilla Marie MacLeod

The Board NOTED that the above Premises Licence had been surrendered on 24 July 2014 in terms of Section 28(5)(f) of the Licensing (Scotland) Act 2005.

18. The Gambling Act 2005
Achd na Cearrachd 2005

18.1 Application for Gaming Machine Permit for 4 Category C Machines

Premises: The Exchange, 38-40 Academy Street, Inverness IV1 1JT
Applicant: Greene King Brewing and Retailing Ltd, c/o Belhaven Pubs, Atrium House, 6 Back Walk, Stirling FK8 2QA.

There had been circulated Report No. HLB-110-14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application.

The meeting ended at 3.15pm.