Agendas, reports and minutes

9.11
Ref: HC/CSER/1039
Applicant: Murdoch Hudson per Harper Macleod, The Ca’d’oro, 45 Gordon Street, Glasgow
Premises: Caledonian Bar, 28-30 King Street, Invergordon
Type: On and Off Sales

There had been circulated Report No HLB/128/14 by the Clerk advising that a letter of representation had been received from Invergordon Community Council in response to the application, a copy of which was attached to the Report.

The Clerk confirmed that Invergordon Community Council was not represented at the meeting.

Mrs L Murray for the Applicants, advised that the young persons entry policy had been further amended to permit access to the bar area only to young persons who were resident in the Hotel, until 10pm daily and subject to them being accompanied by an adult. She also provided further clarification with regard to the other issues raised in representation and specifically the activities to be included in the Operating Plan in regard to catering, music and the proposals for off sales.

The Board AGREED to grant the application as amended, subject to the mandatory conditions, and the existing local and specific conditions and the additional conditions detailed in paragraph 7.2 and 7.3 of the report.

9.12
Ref: HC/CSER/0652
Applicant: Lidl UK GmBH
Premises: Lidl UK GmBH, Castlegreen Road, Thurso
Type: Off Sales

There had been circulated Report No HLB/129/14 by the Clerk inviting the Board to determine the application.

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

10. 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

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

There had been circulated Report No HLB/130/14 by the Clerk relating to a premises licence review application from Police Scotland.

The Clerk explained that Police Scotland had intimated that following the outcome of court proceedings they no longer wished the Board to review the Premises Licence.

The Board NOTED that Police Scotland no longer wished the Board to review the Premises Licence.

11. Licensing (Scotland) Act 2005 Section 83 – Review of Personal Licence
Achd Cheadachd (Alba) 2005, Earrann 83 – Ath-sgrùdadh air Ceadachd Phearsanta

11.1 Licence Holder: Marek Kreics

There had been circulated Report No HLB/131/14 by the Clerk which advised that a Section 83 Notice under the Licensing (Scotland) Act 2005 had been received from Perth and Kinross Licensing Board detailing their findings that the above Personal Licence Holder had acted in a manner inconsistent with the licensing objectives and recommending that the licence be revoked.

The Clerk referred the Board to Perth and Kinross Licensing Board’s findings in relation to the Personal Licence Holder which were attached to the report. He advised that Mr Kreics was not in attendance at the meeting and that efforts to contact him at his last two known addresses had been unsuccessful. The options available to the Board were to take no action, revoke, suspend for a period not exceeding 6 months, or to endorse the licence.

In discussion there was a consensus that Mr Kreics Personal Licence should be revoked on the basis of Perth and Kinross Licensing Board’s report and findings that he had acted in a manner inconsistent with the licensing objectives.

The Board AGREED to revoke the Personal Licence for the purposes of the licensing objectives: (a) preventing crime and disorder, and (b) protecting and improving public health.

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

12.1 Licence Holder: Martin McColl Limited
Premises: McColls, 8 Trentham Street, Helmsdale
Premises: McColls, The Square, Strathpeffer
Premises: McColls, Auchtercairn, Gairloch
Premises: McColls, Main Street, Castletown
Premises: McColls, Provost Sinclair Road, Thurso
Offences: Section 146 (1) and (7) (x2) and 147A of the Licensing Act 2003

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

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

12.2 Licence Holder: Ali and Sons Limited
Connected Person: Mohamed Monwar Ali
Premises: Spice Tandoori, Princes Street, Thurso
Premises: Spice Tandoori, 2 Shore Street, Wick
Offences: (1) Road Traffic Act 1988 Section 5(1)(a)
(2) Attempt to Pervert and Course of Justice

The Clerk advised that the Licence Holder had notified the Board of offence (1) as detailed above and explained that on 14 May 2014, Police Scotland had confirmed existence of that relevant offence and also notified the Board of offence (2) detailed above. He indicated that 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.

13. Application for Personal Licence
Iarrtas airson Ceadachd Phearsanta

13.1 Applicant: Gordon Harper

There had been circulated Report No HLB/132/14 by the Clerk advising that on 6 August 2014 an application for a personal licence had been received from Gordon Harper. The report indicated that Police Scotland had timeously intimated that the applicant has been convicted of a relevant offence which had not been declared. A copy of the letter received from Police Scotland dated 12 August 2014 was attached as appendix 1 to the report. Police Scotland had recommended that, for the purposes of the licensing objectives and specifically crime prevention and securing public safety, the application be refused.

The Clerk advised that Mr Harper was not in attendance at the meeting to present his case.

On hearing from Sergeant S Campbell, Police Scotland, the Board AGREED to refuse the application for the purposes of the licensing objectives: (a) preventing crime and disorder, and (b) protecting and improving public health

14. Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich

14.1 Premises: Ralia Café, Newtonmore
Licence Holder: Robert Andrew Lambie

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

14.2 Premises: Crofters Foods and Deli, 18 High Street, Rosemarkie
Licence Holder: R and P Thimson T/A Crofters Foods 

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

15. Licensing (Scotland) Act 2005 Section 77(6)
Personal Licences Surrendered

There had been circulated Report No HLB/133/14 by the Clerk which listed those personal licences which had been surrendered by the licence holder in terms of Section 77(5) and (6) of the Licensing (Scotland) Act 2005, and which therefore ceased to have effect.

The Clerk reported that to date notification had been received from 868 personal licence holders that they had completed their refresher training by the required date of 31 August 2014. He advised that there were 811 personal licence holders who had yet to notify the Board of completion of training. He explained that it was essential that anyone who had completed their refresher training by the above mentioned date notify the Board by 30 November 2014 on the basis that failure to do so would result in their licence being revoked.

In discussion, it was suggested that a further press release be issued to remind personal licence holders who had completed their refresher training by the required date of the requirement to notify the Board by 30 November 2014.

Thereafter, the Board NOTED the surrender of a number of personal licences.

16. Dates of Meetings in 2015
Cinn-latha Choinneamhan ann an 2015

The Committee NOTED the following dates for 2015, as agreed at The Highland Council on 4 September 2014. All meetings would take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:

• 6 January 2015
• 3 February 2015
• 31 March 2015
• 12 May 2015
• 16 June 2015
• 11 August 2015
• 6 October 2015
• 3 November 2015
• 8 December 2015

The meeting ended at 2.55pm.