Agendas, reports and minutes

Highland Licensing Board

Date: Tuesday, 8 December 2015

Minutes: Read the Minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Tuesday 8 December 2015 at 1.00pm.

Present:

Dr I Cockburn
Mr C Fraser
Mr A Henderson
Mrs L Macdonald
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:

Sergeant B Gray, Police Scotland

Item: 7.3: Mr G Watson, Solicitor for the Applicant
Item: 8.2: Mr M Stewart, Solicitor for the Applicant
Item: 8.3: Ms L Macdonald, Applicant and Mr C Drake, Objector

Briefing on Protocol for Webcasting of Meetings.

Dr I Cockburn in the Chair

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 Mr A Duffy, Mr R Greene, Mr W Mackay and Mrs G Sinclair.

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 meeting of the Board held on 3 November 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/118/15 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 21 October 2015 to 24 November 2015.

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/119/15 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 21 October to 24 November 2015.

The Board NOTED the report.

6. Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

6.1 Ref: HC/RSL/1751
Applicant: Glenuig Community Shop Ltd
Premises: Glenuig Community Shop, Glenuig, Lochailort
Type: Off Sales

There had been circulated Report No HLB/120/15 by the Clerk inviting the Board to determine the application.

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

7. Licensing (Scotland) Act 2005 Applications for provisional premises licences
Achd Ceadachd (Alba) 2005 Iarrtas airson ceadachdan thogalaichean le cumha

7.1 Ref: HC/CSER/1750
Applicant: Graham Rooney
Premises: Platform 1864, Station Road, Tain
Type: On and Off Sales

There had been circulated Report No HLB/121/15 by the Clerk inviting the Board to determine the application.

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

7.2 Ref: HC/RSL/1752
Applicant: Donald Houston
Premises: Mingray Castle, Kilchoan
Type: On and Off Sales

There had been circulated Report No HLB/122/15 by the Clerk inviting the Board to determine the application.

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

7.3 Ref: HC/INBS/584
Applicant: The Partnership of James E Dunbar and Lynn Dunbar
Premises: Ness Deli, The Green, Drumnadrochit
Type: On and Off Sales

There had been circulated Report No HLB/123/15 by the Clerk inviting the Board to determine the application.

On hearing from Mr G Watson for the Applicant, the Board AGREED to grant the application subject to the mandatory conditions.

8. Licensing (Scotland) Act 2005 Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005 Iarrtasan airson caochladh (mòr) a thaobh ceadachdan thogalaichean

8.1 Ref: HC/RSL/0301
Applicant: Emma Louise MacLean
Premises: Lochcarron Food Centre, Main Street, Lochcarron
Type: Off Sales

There had been circulated Report No HLB/124/15 by the Clerk inviting the Board to determine the application.

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

8.2 Ref: HC/RSL/0774
Applicant: Punch Partnership Limited per TLT LLP, 140 West George Street, Glasgow
Premises: Portree Hotel, Somerled Square, Portree, Isle of Skye
Type: On Sales and Off Sales

There had been circulated Report No HLB/125/15 by the Clerk inviting the Board to determine the application.

On hearing from Mr M Stewart for the applicant, the Board AGREED to grant the application subject to the mandatory, the local and the special conditions as detailed in paragraph 7 of the Report.

8.3 Ref: HC/INBS/381
Applicant: The Star Inn (Ardersier) Ltd, Elm House, Cradlehall Business Park, Inverness IV2 5GH per Katie MacDonald.
Premises: The Star Inn, 8 High Street, Ardersier, Inverness
Type: On and Off Sales

There had been circulated Report No HLB/126/15 by the Clerk which advised that a timeous notice of representation dated 13 November 2015 had been received from Mr and Mrs C and M Drake. The Report invited the Board to determine the application.

During discussion of this item, the Licensing Standards Officer provided Members, the applicant and objector with an opportunity to view and discuss the layout plan for the premises

Thereafter, Ms L Macdonald, applicant spoke in support of her application during which she advised that in response to the objection received the smoking area had been relocated to the rear of the premises and measures introduced so that patrons were not permitted to consume alcoholic or non- alcoholic drinks outwith the premises after 2300hrs. Her staff also undertook regular sound checks and turned down the volume of any music after midnight. In addition doors and windows at the premises were always kept closed with the exception of the rear door which served as the access to the smoking area. She had also recently purchased a flat close to the premises and adjacent to the objector’s property and had found that any music arising from the premises was inaudible from that property. In conclusion she advised that while she considered the grounds of the complaint were not justified she was willing to ensure a steward was located at the rear access to the smoking area at weekends when there was music playing.

Mr C Drake advised that his main concern related to the noise nuisance arising from the premises from live and recorded music from 10pm onwards noting that his house was located only 10 metres away from the premises. He was also concerned at the noise and disturbance arising from the use of the main entrance to the premises located next door to his property and the fact that this was used as a toilet and smoking area and also that some patrons had vomited

in close proximity to his property. He also expressed concern that the curtilage of the building was not cleaned and any materials removed until the next morning.

The Licensing Standards Officer reported that following discussion with the applicants he was hopeful that they would take all necessary steps to address the objectors’ concerns within the noise management plan noting that he had received an initial draft of the plan. He suggested that the management of the main entrance to the front of the premises was crucial particularly at the busier and egress times and to ensure smokers were using the designated area to the rear of the premises. In addition to the conditions recommended to be attached to the grant of a licence, it was also important the applicants demonstrated their willingness to be good neighbours and ensure there was appropriate management to control customers and their behaviour and ensure adequate supervision and cleaning of the curtilage of the premises.

During discussion, Members commented as follows:-

it was important that the Licensing Standards Officer continue to offer advice and assistance to the applicants to ensure any concerns were addressed going forward;
that the application be granted on the basis there were special conditions recommended in the Report which were designed to mitigate against any noise nuisance in addition to the requirement that the applicants complete and submit a noise management plan to demonstrate how they would ensure compliance with the licensing objectives;
it was important that the applicant maintained good communication with the objectors and other neighbours in the community to ensure that any issues arising in relation to the premises could be resolved timeously; and
that it be delegated to the Licensing Standards Officer to finalise the noise management plan with the applicants and the objector.

The Board AGREED to grant the application subject to the mandatory, the local and the special conditions as detailed in paragraph 8 of the Report.

9. Surrender of premises licence
Gèilleadh ceadachd togalaich

9.1 Premises: The Birch Tree, Delny, Invergordon,
Licence Holder: Barry Hartshorne