Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Town House, Inverness, on Tuesday 31 March 2015 at 12.30pm.

Present:
Dr I Cockburn
Mr C Fraser
Mr R Greene
Mr A Henderson
Mrs L Macdonald
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:
Sergeant B Gray, Police Scotland

Item 8.4: Mr R Michie, for the Applicant and Mrs L Murray, Solicitor for the Applicant
Item 9.1: Mrs L Murray, Solicitor for the Applicant
Item 9.2: Mr M Ali, for the Applicant and Mrs L Murray, Solicitor for the Applicant
Item 9.3: Mrs L Murray, Solicitor for the Applicant
Item 10.1: Mr R Munro, for the Applicant
Item 10.2: Mr M Brotherton, for the Applicant
Item 10.6: Mr S Skinner, for the Applicant and Mrs L Murray, Solicitor for the Applicant
Item 10.7: Mrs L Murray, Solicitor for the Applicant
Item 11: Mr D Hardie, Premises Manager

Mr J Stone in the Chair

Briefing on Protocol for Webcasting of Meetings.

The Vice 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 Mr A Duffy, Mr W Mackay, Mrs G Sinclair and Ms M Smith.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3. Confirmation of Minutes
Dearbhadh a’ Ghearr-chunntais

There had been circulated for confirmation the minute of the meeting of the Board held on 3 February 2015.

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/019/15 by the Clerk detailing the licences which had been granted under delegated powers during the period 21 January 2015 to 17 March 2015 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/020/15 by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 21 January 2015 to 17 March 2015 and inviting the Board to note the Report.

The Board NOTED the Report.

6. Highland Licensing Forum Advice
Comhairle Fòram Ceadachd na Gàidhealtachd

There had been circulated Report No HLB/021/15 outlining the advice given by the Highland Licensing Forum with regard to the annual joint meeting and its concerns and proposals in regard to the start times for scheduled meetings of the Board.

In discussion it was suggested that power be delegated to the Chair and the Clerk to agree the date of the joint meeting with the Highland Licensing Forum.

In regard to the concerns expressed by the Forum in regard to the start times of meetings it was suggested that in future the Highland Licensing Committee commence at 10am and the Highland Licensing Board at 1pm.

The Board AGREED:-

i. to delegate power to the Chair and the Clerk to agree the date of the joint meeting with the Highland Licensing Forum; and
ii. that the start time for future meetings of the Board be 1.00pm (the start time for Highland Licensing Committee meetings being 10.00am).

7. Licensing (Scotland) Act 2005
Guidelines for the grant of extended hours during events in Lochaber and Ullapool
Achd Ceadachd (Alba) 2005
Stiùiridhean airson uairean leudaichte a bhuileachadh rè tachartasan ann an Loch Abar agus Ullapul

7.1 2015 Scottish Six Day Trials and the UCI Mountain Bike World Cup Event

There had been circulated Report No HLB/022/15 by the Clerk which invited the Board to consider whether to promote guidelines in relation to extended licensing hours for the 2015 Scottish Six Day Trials and the UCI Mountain Bike World Cup Event.

The Board AGREED to approve the following guidelines for applications for extended hours under section 68:

i. Scottish Six Day Trials

Friday 8 May 2015
Late Opening Premises: until 0400 hours the following day
Other On Sale Premises: until 0200 hours the following day
Saturday 9 May 2015
Late Opening Premises: until 0400 hours the following day
Other On Sale Premises: until 0200 hours the following day;

ii. UCI Mountain Bike World Cup 2015

Friday 5 June 2015
Late Opening Premises: until 0400 hours the following day
Other On Sale Premises: until 0200 hours the following day

Saturday 6 June 2015
Late Opening Premises: until 0400 hours the following day
Other On Sale Premises: until 0200 hours the following day

Sunday 7 June 2015
until 0200 hours the following day;

iii. the conditions detailed in paragraph 3 of the Report to apply; and

iv. applications for the above extended hours must be made on an individual basis under section 68 of the Act.

7.2 2015 Ullapool Coastal Rowing Club Skiff Regatta and Loopallu Music Festival Fringe

There had been circulated Report No HLB/023/15 by the Clerk which invited the Board to consider whether to promote guidelines in relation to extended licensing hours for the 2015 Ullapool Coastal Rowing Club Skiff Regatta and Loopallu Music Festival Fringe.

The Board AGREED to approve the following guidelines for applications for extended hours under section 68:

i. Loch Broom Skiff Regatta 2015

Friday 10 July and Saturday 11 July
Hours extended until 0200 hours the following day;

ii. Loopallu Music Festival 2015

Friday 25 September and Saturday 26 September
Hours extended until 0200 hours the following day; and

iii. the conditions detailed in paragraph 3 of the Report to apply; and

iv. applications for the above extended hours must be made on an individual
basis under section 68 of the Act.

8. Applications for new Premises Licences
Achd na Ceadachd (Alba) 2005
Larrtas airson Cheadachdan Thogalaichean Ura

8.1 Ref: HC/CSER/1724
Applicant: The Mey House Partnership
Premises: Mey House, East Mey, Caithness
Type: On Sales

There had been circulated Report No HLB/024/15 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the special condition detailed in the Report.

8.2 Ref: HC/INBS/575
Applicant: Seabreaks Limited T/A Caledonian Cruises, 10 Broad O’th Lane, Shevington, Wigan,
Premises: MV Proud Seahorse (Cruiseship) Seaport Marina, Muirtown Wharf, Inverness
Type: On Sales

There had been circulated Report No HLB/025/15 by the Clerk inviting the Board to determine the application.

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

8.3 Ref: HC/INBS/576
Applicant: The Deli At Kingussie Partnership of P and J Nield, 2 High Street, Kingussie
Premises: The Deli at Kingussie, 2 High Street, Kingussie
Type: Off Sales

There had been circulated Report No HLB/026/15 by the Clerk inviting the Board to determine the application.
The Board AGREED to grant the application subject to the mandatory conditions only.

8.4 Ref: HC/INBS/577
Applicant: Jacobite Cruises Ltd, Dochgarroch Lock, Dochgarroch,
Premises: Jacobite Rebel (Cruiseship), Dochgarroch Lock, Dochgarroch,
Type: On and Off Sales

There had been circulated Report No HLB/027/15 by the Clerk inviting the Board to determine the application.
The Clerk advised that the application for on sales to commence at 0900 was outwith the Board’s policy hours and also exceeded the Scottish Government’s recommended guideline of 14 hours in respect of the continuous period during which alcohol may be sold.

Mrs L Murray spoke on behalf of the applicants in support of the application, during which she raised the following points:-

• that the application effectively sought to substitute the existing premises licence held in respect of the Jacobite Legend to its new replacement vessel, the Jacobite Rebel; in this regard her client’s instruction was to surrender the licence held by the Jacobite Legend in the event the application was granted;
• that the hours applied for mirrored the hours currently enjoyed by the Jacobite Legend and other vessels in the fleet;
• there had been no objections/representations received in regard to the application;
• under the previous licensing regime the operation had for a number of years been able to offer customers the facility of alcohol on their vessels at all times while at sea and that following the introduction of the Licensing (Scotland) Act 2005 the Board, in granting the licence for the Jacobite Legend in 2009, had accepted that it was appropriate for her clients to continue to offer this facility;
• noting that in regard to the Board’s new policy in relation to hybrid premises it was not uncommon for premises to be permitted to open for more than 14 hours;
• that the application was equivalent to an application to vary an existing licence in respect of fixed premises and should be considered on that basis; and
• that her client delivered a high quality visitor attraction and had achieved a five star grading from Visit Scotland; the business should therefore be allowed to continue to operate as they had in the past, noting that there had been no adverse issues or complaints arising.

The Clerk advised that the current licence held by the Jacobite Legend had been granted by a previous Board under a different policy. He cautioned against departing from the Board’s policy on the grounds this may lead to further applications for early hours from non-food led operations. He also advised that no representations/objections in regard to operating hours for vessels had been received during the consultation on the Board’s new policy.
In discussion it was suggested that the application be granted on the basis that the Applicant had confirmed the existing premises licence for the Jacobite Legend would be surrendered in favour of a new licence, and that the operation had benefited from early hours for a number of years.

The Board AGREED to grant the application subject to the mandatory conditions only and to note the surrender of the premises licence for the vessel, Jacobite Legend.

8.5 Ref: HC/INBS/578
Applicant: High Street Merchants Limited per Donna and Colin Stobie 74-76 High Street, Grantown on Spey
Premises: The High Street Merchants, 74 High Street, Grantown on Spey
Type: On and Off Sales

There had been circulated Report No HLB/028/15 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 condition detailed in the Report.

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

9.1 Ref: HC/INBS/574
Applicant: Ed’s Easy Diner Group Limited, Avenfield House, 118-127 Park Lane, London
Premises: Ed’s Easy Diner, Unit 29, 11 Eastgate, Eastgate Centre, Inverness I
Type: On and Off Sales

There had been circulated Report No HLB/029/15 by the Clerk inviting the Board to determine the application.
Mrs L Murray spoke on behalf of the applicants in support of the application during which she advised that her clients wished to amend the application to remove the off sales element. She also indicated that in regard to the children and young person’s policy her clients were seeking flexibility by implementing a policy based on management discretion as the criteria for unaccompanied access for children, in what she suggested was a safe and controlled environment. It was also confirmed that the sale of alcohol at the premises represented only a very small percentage of overall sales.
The Licensing Standards Officer advised that the premises were very much a food led operation and that the sale of alcohol would not be manifest in the premises. Accordingly he did not consider there would be any issues in terms of the licensing objectives in allowing unaccompanied access for under 12s based on the policy suggested by the applicant’s agent.

The Board AGREED to grant the application as amended (the removal of reference to Off Sales) subject to the mandatory conditions and the local condition detailed in the Report.

9.2 Ref: HC/RSL/1729
Applicant: Ali and Sons Holding Ltd per L-POS Ltd, 24 Moorfield Road, Gourock,
Premises: Black Memorial Hall, The Green, Portree, Isle of Skye,
Type: On Sales and Off Sales

There had been circulated Report No HLB/030/15 by the Clerk advising that a timeous notice of objection, had been received from GVA for and on behalf of the Royal Bank of Scotland, a copy of which was appended to the Report. The Report invited the Board to determine the application.

The Clerk confirmed that the objector was not in attendance to present their case.

Mrs L Murray, spoke on behalf of the applicants in support of the application, during which she advised that her client was content to amend the on-sales and off-sales element of the application to reflect the terms of the planning permission which only permitted the public to enter the premises between noon and midnight. She submitted that the matters raised in the objection would have been addressed as part of the planning process and there was no evidence to suggest that the grant of a licence would lead to any public nuisance or issues arising with unauthorised car parking.

The Board AGREED to grant the application as amended (on-sales hours to read 12 noon to 12 midnight and off-sales hours to read 12 noon to 2200 hours) subject to the mandatory conditions only.

9.3 Ref: HC/RSL/1725
Applicant: The Co-operative Group Food Limited
Premises: The Co-operative Food, School Road, Conon Bridge
Type: Off-Sale (Provisional)

There had been circulated Report No HLB/031/15 by the Clerk inviting the Board to determine the application.
The Board AGREED to grant the application subject to the mandatory conditions only.

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/CSER/0893
Applicant: Avonfield Limited
Premises: Station Hotel, 94 High Street, Alness
Type: On and Off Sales

There had been circulated Report No HLB/032/15 by the Clerk advising that timeous notices of objection/representation had been received from Ian and Mary Black and Middleton Ross and Arnot, Solicitors, on behalf of William D Smith, copies of which were appended to the Report.The Report invited the Board to determine the application.

The Clerk confirmed that the objectors were not in attendance to present their case.

Mr R Munro, for the Applicant, spoke in support of the application during which he confirmed that in regard to the matters raised in the objections a noise management plan had been submitted and would be implemented at the premises to mitigate against any potential noise nuisance arising at the premises. He also outlined the measures that would be put in place to ensure the terrace was not used as a smoking area and advised that this would include signage and policing by staff.

The Licensing Standards Officer advised that following discussions with the objectors and/or their representatives the majority of the issues raised in the objections had been resolved.

The Board AGREED to grant the application subject to the mandatory and other conditions detailed in the Report.

10.2 Ref: HC/RSL/0458
Applicant: Purple Grouse Limited
Premises: MacDonald Hotel, Fort William Road, Kinlochleven
Type: On and Off Sale

There had been circulated Report No HLB/033/15 by the Clerk advising that timeous notices of objection/representation had been received from Planning and Building Standards, Peter McIntyre, and Sheri Murphy, copies of which were appended to the Report. The Report invited the Board to determine the application.

The Clerk confirmed that the objectors were not in attendance to present their case. He also advised that a noise management plan had now been submitted in respect of the premises.

Mr M Brotherton, for the Applicant, spoke in support of the application during which he addressed the objections received. He advised that appropriate screening would be undertaken in the outdoor decking area to minimise any visual impact on neighbouring properties and to help filter out any noise arising from the premises. In regard to issues of privacy he advised that there were no windows located on the side of the neighbouring property which faced the premises.

Mr Brotherton indicated that concern around potential public nuisance arising from the Hotel were not relevant given that the premises was not a pub type establishment and typically patrons were walkers seeking an evening meal and refreshments rather than late revellers.

The Board AGREED to grant the application subject to the mandatory and other conditions detailed in the Report plus the following condition:

“A written noise management plan acceptable to the Highland Licensing Board must be in place for the premises and any relevant activity or service being provided must be conducted in accordance with that plan.”

10.3 Ref: HC/CSER/0349
Applicant: Alison Scott
Premises: The Bannockburn Inn, Stafford Street, Helmsdale
Type: On and Off Sales

There had been circulated Report No HLB/034/15 by the Clerk inviting the Board to determine the application.
The Board AGREED to grant the application subject to the mandatory conditions and existing local conditions.

10.4 Ref: HC/CSER/0193
Applicant: Lisa and Lawrence Macleod
Premises: Old School Restaurant and Rooms, Inshegra, Kinlochbervie,
Type: On and Off Sales

There had been circulated Report No HLB/035/15 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, removal of the existing local and specific conditions and addition of the other conditions detailed in the Report.

10.5 Ref: HC/INBS/479
Applicant: James Patrick Earley, Crown Stores, 13 Kingmills Road, Inverness
Premises: Crown Stores 13 Kingsmills Road, Inverness
Type: Off Sales

There had been circulated Report No HLB/036/15 by the Clerk inviting the Board to determine the application.

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

10.6 Ref: HC/INBS/276
Applicant: Earnpark Ltd, 4 Knockbain, Kirkhill, Inverness
Premises: Hootananny/Sofa Bar, 67 Church Street, Inverness
Type: Off Sales

There had been circulated Report No HLB/037/15 by the Clerk inviting the Board to determine the application.

Mrs L Murray spoke on behalf of the applicants in support of the application, during which she confirmed that, in accordance with the recommended additional specific local condition detailed in the Report, the ground floor of the premises would not operate after 0100hrs until such time as the CCTV system was in place and fully operational.

The Board AGREED to grant the application subject to:

i. the mandatory and other conditions detailed in the Report; and
ii. removal of existing conditions L and F.

10.7 Ref: HC/INBS/05
Applicant: Autogrill Catering UK Limited, 88 Kingsway, London
Premises: Terminal Airport Dalcross, Dalcross Airport, Inverness
Type: On and Off Sales

There had been circulated Report No HLB/038/15 by the Clerk inviting the Board to determine the application.
The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

10.8 Ref: HC/RSL/0782
Applicant: Kirsty J Faulds, Simon J Wallwork, Eric C Faulds and Ann M Faulds t/a The Glenview Hotel
Premises: The Glenview Hotel, Culnacnoc, By Staffin, Isle of Skye,
Type: On Sales

There had been circulated Report No HLB/039/15 by the Clerk inviting the Board to determine the application.
The Board AGREED to grant the application subject to the mandatory conditions only.

11. Licensing (Scotland) Act 2005 Section 40 - Request for a Review Hearing - Premises Licence
Ahd Ceadachd (Alba) 2005 Earrann 40 – Iarrtas airson Èisteachd Ath-bhreithneachaidh – Ceadachd Thogalaichean

11.1 Licence Holder: Bridge End Filling Station Ltd, Station Road, Beauly, Inverness shire
Premises: Bridgend Filling Station, Station Road, Beauly

There had been circulated Report No HLB/040/15 by the Clerk advising that an application had been received requesting that the condition placed on the premises licence by a previous Board at its meeting on 21 September 2010 be removed. The Report advised that Police Scotland had confirmed by letter dated 23 February 2015 that they had no objections to the removal of the condition.

The Clerk explained that the condition required that a personal licence holder be on duty at the premises on Fridays and Saturdays between 3.30 pm and 10.00 pm, and outlined the circumstances in which the condition had been imposed.

Mr D Hardie, Premises Manager, advised that since the imposition of the condition in 2010 both the management and compliance regime at the premises had changed. A major supermarket had also located adjacent to the premises and this had changed the nature of alcohol sales at the Filling Station, noting that in the previous year only a small percentage of the operation’s gross profit had been attributable to alcohol sales. He also advised that the requirement to have a high proportion of licence holders incurred significant additional costs for the operators and he provided further information in this regard.

Thereafter, Sergeant B Gray confirmed that Police Scotland had no objections to the removal of the condition from the premises licence.

The Board AGREED to remove the condition requiring a personal licence holder to be on duty at the premises on Fridays and Saturdays between 3.30 pm and 10.00 pm.

12. Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich

12.1 Premises: Glen Nevis Caravan and Camping Site – Shop 1
Licence Holder: Glen Nevis Holidays Limited

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

12.2 Premises: Glenborrodale Castle (Adelphi Distillery), Glenborrodale
Licence Holder: Donald I Houston

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

12.3 Premises: Station Bar, Middle Street, Fort William
Licence Holder: Dale Monk

The Board NOTED that the above Premises Licences had been surrendered in terms of Section 28(5)(f).
The meeting ended at 1.20pm.