Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Thursday 11 December 2014 at 2.25 pm.

Present:

Mr C Fraser, Mr R Greene, 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
Mr A MacInnes, Administrative Assistant  

Also in Attendance:  

Sergeant S Campbell, Police Scotland 

Items 8.1, 8.2, 9.1and 9.2 Mrs L Murray for the Applicant
Item 9.3 Mr J A Sweeney, Applicant
Item 9.4 Mr S MacKenzie, for the Applicant
Items 10.1 and 12.2 Mr D Shanks
Item 11.1 Ms S L Ross-Cudbertson  

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

Apologies for absence were intimated on behalf of Dr I Cockburn, Mr A Duffy and Mrs G Sinclair.

2.  Declarations of Interest 
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.  Confirmation of Minute                                                                
Dearbhadh a’ Gheàrr-chunntais  

There had been circulated for confirmation the minute of the meeting of the Board held on 4 November 2014.  

Arising from item 8 of the minutes, the Clerk reported on the issue of revocation of personal licences.  In Highland just under 600 revocations of personal licences had been issued to all those who had not met the requirements of the Licensing (Scotland) Act 2005 to undertake and notify the Board of completion of refresher training.  

Of particular concern were those premises where the premises manager was a    personal licence holder and had their licence revoked.  In this instance, the    licence holder had been sent a letter to advise them of what steps they must take to continue to be able to trade.   

The minutes were 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/143/14 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 22 October 2014 to 24 November 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/144/14 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 22 October 2014 to 24 November 2014 and inviting the Board to note the Report.  

The Board NOTED the report.  

6.  Review Proposal – Non-payment of Annual Licence Fees
Moladh Ath-sgrùdaidh – Neo-phàigheadh Chìsean
Ceadachd Bliadhnail  

There had been circulated Report No HLB/145/14 by the Clerk relating to the non-payment of annual premises licence fees for the period 1 October 2014 to 30 September 2015.  Details of the premises that had failed to pay this fee were detailed in an updated appendix to the Report.  Members were also advised of the premises that had now paid since the Report had been written, namely: -  Café 115, Fort William; Sonachan Hotel, Kilchoan; Polish Delicatessen; Fuaran Bar, Achiltibuie; Dundonnell Stores, Dundonnell; Glen Affric Bar, Cannich; Retro, 6 Bridge Street, Wick; The Bridge Hotel, Helmsdale.  

The Board were satisfied that grounds for a Premises Licence Review had been established on the basis of non payment of the annual premises fee and therefore AGREED to make a premises licence review proposal in respect of  those premises listed in the Report whose annual fee remained unpaid and to hold review hearings in respect of each of the premises on 6 January 2014.  

7.  Licensing Policy Statement 2013-16 
Aithris Poileasaidh Ceadachd

There had been circulated Report No HLB/146/14 by the Clerk inviting the Board to agree a correction to the wording of the overprovision statement set out at section 2.13 of the Board’s Licensing Policy Statement 2013-16.  

The proposed correction was intended to clarify the effect of the Board’s overprovision assessment.  

The Board AGREED that the wording of the fourth last paragraph of section 2.13 of the Board’s Licensing Policy Statement 2013-16 which commences “The effect of this overprovision assessment…” be corrected to read as follows (corrections shown in bold):  

The effect of this overprovision assessment is to create, in each of these two localities, a rebuttable presumption against the grant of an application for a premises licence, a provisional premises licence or a variation of a premises licence (in terms of the ground of refusal set out in section 23(5)(e) or section 30(5)(d) of the Act) where (a) the grant of the application would result in the premises having an off-sales capacity in excess of 40 square metres, or (b) in the case of licensed premises with existing off-sales capacity in excess of 40 square metres, the grant of any variation sought would result in an increase in that off-sales capacity.  

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

8.1  Ref: HC/INBS/570
Applicant: Cora Ann Fraser, 5 Burn Road, Inverness IV2 4NH per Lorna Murray Solicitor, 45 Culduthel Road, Inverness IV2 4HQ.
Premises:  Loch Ericht Hotel, General Wade’s Military Road, Dalwhinnie PH19 1AG
Type:  On and Off Sales

There had been circulated Report No HLB/147/14 by the Clerk inviting the Board to determine the application.  

Having heard from Mrs L Murray on behalf of the Applicant, the Board AGREED to grant the application subject to the mandatory conditions and the local conditions detailed in paragraph 7.2 of the Report.

8.2  Ref: HC/INBS/571
Applicant: Tomatin Country Store Ltd, 28 Drummond Road, Inverness IV2 4NF per Lorna Murray Solicitor, 45 Culduthel Road, Inverness IV2 4HQ.
Premises:  Tomatin Country Store, Main Street, Tomatin IV13 7YP
Type:  Off Sales  

There had been circulated Report No HLB/148/14 by the Clerk inviting the Board to determine the application.

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

8.3  Ref: HC/RSL/ 1719
Applicant: Firm of Acharacle Village Store, Acharacle, Fernbank, Acharacle, PH36 4JL
Premises:  Acharacle Village Store, Acharacle, PH36 4JL
Type:  Off Sales

There had been circulated Report No HLB/149/14 by the Clerk inviting the Board to determine the application.  

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

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

9.1  Ref: HC/INBS/285
Applicant: Greene King Brewing and Retailing Ltd, per Belhaven Pubs, Atrium House, 6 Back Walk, Stirling FK8 2AQ
Premises:  The Auctioneers, 28 Church Street, Inverness IV1 1EH
Type:  On and Off Sales

There had been circulated Report No HLB/150/14 by the Clerk advising that an objection in response to the application had been received from CFG Leisure 6 Ltd, trading as Ultra Violet, operating G’s and Vinyl Nightclub, 19-21 Castle Street, Inverness, a copy of which was attached to the Report. The Report invited the Board to determine the application.

The Clerk advised that notwithstanding that the objectors were not in attendance to present their case, the Board should take into account the objection received in its determination of the application.  

Having heard from Mrs L Murray on behalf of the applicants, and considered the letter of objection, the Board AGREED to grant the application subject to: -  

i  the mandatory conditions;
ii  the existing local conditions;
iii  the additional local conditions detailed in paragraph 8.2 of the Report; and
iv  the special conditions detailed in paragraph 8.3 of the Report. 

9.2  Ref: HC/INBS/
Applicant: Hawthorn Leisure Limited, 47 Park Lane, London W1K 1PR per TLT LLP 140 West George Street, Glasgow G2 2HG.
Premises:  Dows Bar and Restaurant, Balloan Park, Balloan Road, Inverness IV2 4PF
Type:  On and Off Sales

There had been circulated Report No HLB/151/14 by the Clerk inviting the Board to determine the application.  

Having heard from Mrs L Murray on behalf of the applicant, the Board AGREED to grant the application subject to:-  

i  the mandatory conditions;
ii  the existing local conditions, and
iii  local condition A.  

9.3  Ref: HC/RSL/0960
Applicant: Joseph Alexander Sweeney, The Picture House, 68 High Street, Dingwall, IV15 9RY
Premises:  The Picture House, 68 High Street, Dingwall, IV15 9RY
Type:  On-sales

There had been circulated Report No HLB/152/14 by the Clerk advising that objections had been received from Police Scotland and Dingwall Community Council, copies of which were attached to the Report. The Report invited the Board to determine the application.

The Clerk advised that notwithstanding that a representative from Dingwall Community was not in attendance to present their case, the Board should take into account the objection received in its determination of the application.  

Mr Sweeney, Applicant, spoke in support of the application as follows:-  

• While I am applying for a 0300 hours licence for 7 nights of the week, in fact what I am really looking for is a 0300 hours licence for Thursday, Friday and Sunday as I currently have a 0300 hours licence on the Saturday.
• With the current 0200 hours licence on the Friday, patrons were not coming to the premises until much later - between 1200 hours and 0100 hours and feel cheated by having to leave by 0200 hours.
• Over the years there has been a decline in drinking habits and there used to be between 700 and 800 people attending on a Saturday night, and now there was only between 100 and 150 attending, which has had a big impact on the business.
• We have a great relationship with the Police and I am Chairman of the local pub watch scheme and we employ professional security at the premises and have door staff.
• Four Members of staff had personal licences and four members of staff were over the age of 40. 
• There was a CCTV system in operation at the premises and training and paperwork for staff was in place.
• We are looking for parity with similar premises in Inverness so that people would be encouraged to stay for a night out in Dingwall.
• We have a kitchen in the premises and offered hot food to patrons.  Toilets are also checked regularly.
• The application would make the business more viable for us as we are a late night venue and offer an alternative to venues in Inverness, so there would not be as many people travelling to and back from Inverness.
• In terms of the Blue Light Disco, there was a need for an under 18 year olds entertainment once a month in Dingwall.  It was hoped to do this early evening on a Friday night  from 1900 hours to 2100 hours or 2200 hours and run it along the lines of the former Blue Light Discos which was well policed and managed.

In response to a question regarding the Police objection to the incidents of anti social behaviour, Mr Sweeney responded by advising that the premises had a very strict door policy and if people turn up and were not let in they used to go to the smoking area to the rear of the premises to gain access and this caused some difficulty.  This area had now been boarded up so people who did not gain entry to the premises could not gain alternative access via the smoking area and there were now no difficulties.  We are the latest opening venue in the area so everyone comes to us and in the last year, Police had been contacted three times to deal with matters in the premises.  For matters outwith the premises we have a strict door policy and if people refuse to move on we will contact the Police to speak to them.  We have a good relationship with the Police in Dingwall.  

Sergeant S Campbell on behalf of Police Scotland made the following observation and objections to the application:-

• The observation related to the terminal hour of 0300 hours applied for on Sunday to Wednesday inclusive, which was outwith Board policy hours for hybrid premises.
• Objections related to the upholding of three of the licensing objectives namely:-  preventing crime and disorder; securing public safety; and preventing public nuisance.  Police Scotland were of the opinion that the granting of the application would be prejudicial to the attainment of these objectives as during the period 20 October 2013 to 19 October 2014 there had been 33 reported incidents of antisocial behaviour, disorder and dishonesty linked to these premises.  These incidents ranged from varying degrees of drunken disorder, assaults, breach of the peace and theft.  The manner in which these particular incidents were dealt with varied from police moving persons on to persons being apprehended, cautioned and charged with particular offences.  These incidents were reported to police between the hours of 0015 hours and 0352 hours on Friday and Saturday nights.  If the application was granted this would lead to more nights of the week when offences are likely to occur.
• There were quite a number of residential properties on Dingwall High Street and adjoining streets and closes, the residents of which are adversely affected by the behaviour of patrons leaving these premises at such a late hour. 
• In relation to the Blue light disco scheme this was an initiative run by Northern Constabulary in conjunction with local youth services.  This initiative ceased in 2012 and was no longer available in the Highland area.

In response, Mr Sweeney advised that he would be willing to amend the application to a Thursday, Friday and Sunday 0300 hours licence.  Also patrons at the premises at the end of the evening were put out onto a car park away from the High Street.

The Clerk advised that this amendment to the application was outwith Board policy and they had no discretion to grant parts of the application.  The Applicant would require to amend the application in another way that satisfied Board policy.

Mr Sweeney continued that there seemed to be a contradiction between the Police statement that 33 incidents of anti social behaviour linked with this premises and the Licensing Standards Officer comment that the premises had a sound operating history and had not come to Police attention. Sergeant S Campbell confirmed that there had been 33 incidents of anti social behaviour linked with these premises.  

In response to a question, Mr Sweeney advised that there would be no over 18 year olds at the Blue Light Disco and no alcohol for sale.  Soft drinks and crisps would be offered instead.   The event would be policed and managed like any other event.  

The Clerk advised that if the Board were minded to grant the application it would be prudent to get a management plan from Mr Sweeney for the under 18s disco.  Also, if Mr Sweeney wanted to amend the application to comply with Board Policy this would have to be along the following lines:  

Thursday 1600 hours to 0300 hours, and 
Friday 1300 hours to 0300 hours. 
Saturday 1100 hours to 0300 hours;

Mr Sweeney confirmed the above amendment to the application.

Thereafter, the Board AGREED to grant the amended application as detailed above subject to:

1. the mandatory conditions;
2. the existing local conditions;
3. the additional local conditions detailed in paragraph 8.2 of the Report;
4. the special conditions detailed in paragraph 8.3 of the Report, and
5. amendment to the special condition relating to the Blue Lights scheme for under 18s discos to a condition requiring prior submission of a management plan for under 18s discos for the approval of the Board and requiring the management plan, once so approved, to be thereafter adhered to.

9.4  Ref: HC/CSER/1298
Applicant: Golspie Golf Club, Ferry Road, Golspie, KW10 6ST
Premises: Golspie Golf Club, Ferry Road, Golspie, KW10 6ST
Type:  On and Off Sales

There had been circulated Report No HLB/153/14 by the Clerk inviting the Board to determine the application.

Having heard from Mr S MacKenzie, Chairman of the Golf Club, the Board AGREED to grant the application subject to: 

i  the mandatory conditions;
ii  the removal of existing local conditions (e) and (g);
iii  the remaining existing local conditions;
iv  the additional local condition detailed in paragraph 8.2 of the Report, and
v  the special conditions detailed in paragraph 8.3 of the Report. 

9.5  Ref: HC/CSER/1335
Applicant: Dudgeon Park Community Centre Club, Dudgeon Park Road, Brora, KW9 6QH
Premises:  Dudgeon Park Community Centre Club, Dudgeon Park Road, Brora, KW9 6QH
Type:  On Sales

There had been circulated Report No HLB/154/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to:-

i  the mandatory conditions;
ii  the existing local conditions;
iii  the additional local condition detailed in paragraph 8.2 of the Report, and
iv  the special conditions detailed in paragraph 8.3 of the Report.

At this point Councillor A Henderson left the meeting.

10.  Licensing (Scotland) Act 2005 Section 33 - Transfer of Premises Licence 
Achd Ceadachd (Alba) 2005, Earrann 33 – Gluasad Ceadachd Togalaich  

10.1 Ref:  HC/RSL/1496
Applicant:  Margaret Jane Reid, The Legion Dingwall Club, High Street, Dingwall, IV15 9SN
Premises:  Ross Suite (Formerly Spainsun Products Ltd), The Legion Dingwall Club, High Street, Dingwall, IV15 9SN 

There had been circulated Report No HLB/155/14 by the Clerk inviting the Board to determine the application.

The application sought to transfer the premises licence to David George Shanks who was in attendance at the meeting.  

The Board AGREED to grant the application.  

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

11.1  Licence Holder:  HC/INBS/3987 Sadie Louise Ross-Cudbertson 

Appendix 1 and Appendix 2 attached.

There had been circulated Report No HLB/156/14 by the Clerk inviting the Board to determine the application.

The Clerk advised that there was a Police objection to the granting of this application due to a conviction and in this respect a letter from Police Scotland had been circulated.  There had also been circulated a letter in support of the application from the Applicant. [text removed from web version in compliance with Data Protection Act 1998]The applicant had no other previous convictions.  

Ms S L Ross-Cudbertson spoke in support of her application and advised that in the last two years she did a lot of thinking and changing in respect of her life and since the incident had become a supervisor in the Co-operative, so felt that she was turning her life around. 

Sergeant S Campbell on behalf of Police Scotland made the following objection to the application:-

• in terms of the Licensing (Scotland) Act 2005 Sec 83 (4) (b) [text removed from web version in compliance with Data Protection Act 1998]
• in terms of the Licensing (Scotland) Act Police Scotland per the Chief Constable made a recommendation to the effect that Ms Ross-Cudbertson’s Personal Licence be either endorsed or suspended for the purposes of three of the licensing objectives on the following grounds:- prevention of crime; securing public safety; and protecting and improving public health.
• [text removed from web version in compliance with Data Protection Act 1998]
• [text removed from web version in compliance with Data Protection Act 1998]

[text removed from web version in compliance with Data Protection Act 1998]  

In terms of the options open to the Board, the Clerk confirmed that the Board had powers to endorse the licence which would remain for a period of three years.

The Board AGREED to issue the Licence Holder with a verbal warning.

12.  Application for Personal Licence 
Iarrtas airson Ceadachd Phearsanta

12.1 Applicant: Lynda Donn 

There had been circulated Report No HLB/157/14 by the Clerk inviting the Board to determine the application.  

The Board AGREED to grant the application.  

12.2 Applicant: David George Shanks  

There had been circulated Report No HLB/158/14 by the Clerk inviting the Board to determine the application.  

The Board AGREED to grant the application.  

13.  Surrender of Premises Licence 
Gèilleadh Ceadachd Togalaich

13.1  Premises:  Allt Nan Ros Hotel, Onich, Fort William, PH33 6RY
Licence Holder:  Licensed Solutions Ltd

13.2  Premises:  Edderton Inn, Edderton, IV19 1LB 
Licence Holder:  Christopher J Wix  

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

The meeting ended at 3.15 pm.